Former Guyanese President says the country is ready for gay marriage

By Devina Samaroo (Guyana newsroom) and others

Amid renewed calls for the decriminalisation of same-sex intimacy, former President and Opposition Leader, Bharrat Jagdeo believes that the country is not ready for such major changes.

Jagdeo reminded that during related consultations, the public expressed disapproving sentiments towards the decriminalisation of same-sex intimacy.

“I don’t think the country, based on what our consultations show among large numbers of people, is ready for the same sex marriage and all of those things,” he posited during a press conference at his Office  on 24 May, 2017.

According to Jagdeo, there was a huge outcry about making same-sex intimacy a fundamental right.

“Because if it did, then the Marriage Act would have been illegal…and because of both sides – what the religious communities and NGOs came up with – we decided not to go to that level,” he stated.

However, he noted that Guyanese, based on feedback during those consultations, did not support discrimination on any grounds.

He also pointed out that the situation is similar to that of the death penalty matter.

“We’ve not had anyone executed since sometime in 1990s. So similarly, in the books, we have some of these provisions in place but people in practice, people have not been charged on the basis of these issues anymore,” he stated.

Nonetheless, Jagdeo said at some point in time, the laws must reflect the nation’ practices.

In this regard, he said he is prepared to engage in discussions with the government’s intention of ensuring persons are not discriminated against.

meanwhile another report from the Guyana Times said in part:

While the State has issued no official word on the issue, both Foreign Affairs Minister Carl Greenidge and Legal Affairs Minister Basil Williams have publicly stated that Government will be moving to hold a referendum to determine whether same-sex intimacy should be decriminalised.

However, the local LGBT community has objected to such a move, and on Wednesday called on the coalition administration to fulfil its manifesto promise of ensuring that the LGBT community and other minority groups are not discriminated against.

In fact, Executive Director of the Society Against Sexual Orientation Discrimination (SASOD), Joel Simpson, told reporters at a press conference that this referendum will not be supported by the three local LGBT groups — Guyana LGBT Coalition (Guyana Trans United), Guyana Rainbow Foundation (GuyBow), and SASOD; nor will it be supported by the Guyana Equality Forum, because the rights of a minority group should not be subjected to a popular vote.

“This divisive referendum will deepen the marginalisation and isolation of LGBT persons, as right-wing groups will undoubtedly heighten their homophobic rhetoric, as is already happening on social media,” he said.

The SASOD Executive explained that the move to hold a referendum will only serve to stress out and burden the mental health of the local LGBT community, instead of strengthening social cohesion and building national unity.

Reactions on Facebook by Caribbean activists have come in:

Vidyaratha Kissoon
"lol i remember when he first said this and i wrote a thing about it seems the sex was okay, but marriage was not.."

Caleb Orozco of UNIBAM
"Who the hell is talking about marriage when basic protections don't exist" he continued "One of many silly politician feeding the masses foolery"

Stepped up call for decriminalistion of CSW

by JASL

Sex workers in Jamaica are two times more likely to contract HIV/AIDS than an individual in any other profession. According to statistics produced by the Caribbean Vulnerable Communities Coalition (CVCC), the sale of sex is similar to gender-based violence and is an increasing health issue. Decriminalising sex work may well decrease the prevalence of these issues in Jamaica.

What the law says

At present, the Towns and Communities Act 1997, the Sexual Offences Act 2009, and the Offences Against the Person Act 2010 form the fabric of the existing legislative framework that criminalises sex work. Specifically, Section 3(r) of the Towns and Communities Act states that you can be fined on the grounds of engaging in sexual solicitation. Section 4 of the same Act makes provisions for the police to take anyone into custody, without a warrant, who is found to be engaging in sex work in the view of the officer, or any other credible person.

Further, Section 18 (b) of the Sexual Offences Act renders it illegal to “procure or attempt to procure any other person…to become, either within or outside Jamaica, a male or female prostitute”.

And Section 23 (2) grants authorities permission to search places suspected to be brothels and arrest people suspected of sex work.

How it affects sex workers

Failure to decriminalise and regulate the sex work industry has led to the creation of a culture where sex workers constantly fear prosecution from the authorities. At the same time, their biggest threat is posed from the gatekeepers within the industry itself.

Gatekeepers, according to the World Health Organization, refer to the consumers of sex work services, the intimate partners of sex workers and the owners and operators of brothels and entertainment establishments. These gatekeepers hold the balance of the power in the sex work industry, leaving the sex worker in the precarious position of being unable to dictate the terms of their own services. They are oftentimes unable to refuse to provide sexual services to a potential client who seems violent or suspicious, and/or are unable to dictate other terms such as mandatory use of condoms and lubricants and other details that could ensure their health and safety.

According to the CVCC, there is a distinct link between the gender-based violence inflicted on sex workers and the contraction of HIV/AIDS. They report that “direct transmission of HIV can occur through sexual violence, in which forced or coercive sexual intercourse heightens the biological risk factors for transmission, in accordance with degrees of trauma, vaginal tearing, and abrasions”.

Despite being frequently violently victimised, and being at elevated levels of risk for contracting HIV/AIDS, sex workers tend not to report instances of violence encountered or get treatment for sexually transmitted diseases. They are not protected by law. As such, the cycle continues, leaving men and women stigmatised, broken, abused, infected, and untreated.

Moving forward

The clear answer to eliminating the high levels of violence associated with sex work and achieving reduced incidence of HIV/AIDS rate amongst sex workers lies in the decriminalisation and regulation of sex work. Decriminalisation will enable sex workers to create safer work environments, thereby reducing their risk factors.

Sex workers are entitled to a reasonable quality of living just like anyone else. Decriminalisation of their profession will lessen stigmatisation and their fear of authority figures, allowing them to report instances of violence against them and open the capabilities for them to receive quality health care, including HIV/AIDS testing and treatment.

In the upcoming weeks you will hear from the sex workers themselves, who will take you deeper than you have ever gone before into the illicit world of sex work. Bit by bit we will uncover the many layers of secrecy, fear and danger with the ultimate aim of standing united in the journey to creating a healthier, safer Jamaica for all its people.

Pastor on buggery charge stumbles at courthouse door

Pastor Presley Smith leaving the the Trelawny Parish Court on Wednesday.

the church in question

Sadly as if the fall from grace is not bad enough and perceived to have brought shame and disgrace on his church, it is even worse when the pastor in question literally stumbles infront the hallowed halls of justice it is seen by some as a sign of failure in the sight of God.

In a follow-up to a previous post from GLBTQ Jamaica and from HERE this matter raised many eyebrows in church circles and given the succession of awful church'clerical abuse of men and women mostly since this year. A 27 year old pastor of the New Testament Church of God in Bunkers Hill Trelawny has been relieved of duties after he was charged with sexual assault & buggery of a minor being a fifteen year old boy. Percy Smith has been slapped with buggery, gross indecency and grievous bodily harm, the acts allegedly occurred between 2016 to earlier this year. In a press release yesterday the Administrative Bishop of the church Reverend Wellesley Blair confirmed that Smith was removed from conducting anymore pastoral duties, he said the church disassociates itself from immoral, unlawful or reprehensible acts unbecoming of a pastor; he said the church is willing to cooperate with the investigators in whatever appropriate or is necessary and that the church is also expressing sympathy to the family affected, the accused pastor is to face the court sometime this week.

The Star reported today that:

Presley Smith, the pastor of the New Testament Church of God in Bunkers Hill, Trelawny, stumbled badly as he made his way to court on Wednesday.

The clergyman who was arrested and charged with buggery, indecent exposure and grievous sexual assault last week, had a large towel covering his face which may have impacted his visibility. As he was ushered in the courthouse, Smith hit his foot against the step and stumbled into a metal gate.

Smith is accused of molesting a 15 year old schoolboy, who is reportedly a member of his congregation. Reports are that Smith baptised the youngster just weeks ago.

When Smith arrived at the entrance of the Trelawy Parish Court in the back of a police car at approximately 10:10 a.m., a large crowd, inclusive of some of his church members, had gathered there to get a glimpse of him. However, the police quickly ushered him into the building.

When Smith re-emerged from the courthouse, with the towel still covering his face and his hands still bound, some members of his congregation began crying while others turned away their faces, sobbing quietly. He was quickly taken away in a waiting police car.

A court official told THE STAR that Smith was offered bail in the sum of $450,000 and is scheduled to return to court on June 22.

ENDS

also see:
Labourer suffer near two years in prison on false accusation of buggery - DNA shows boy was molested by a family member (Jamaica Observer)

I Bet Deafening Silence from Religious Anti Gay Voices ...... Preacher served summons during service for .......

Tension at Riverton SDA Church board as member accused of sexual assault is still active and FAME FM’s ‘Uncensored’ radio show conflates homosexuality, paedophilia with transgenderism

Another St Thomas Pastor Accused of Rape ........... Where are Anti Gay Religious Groups?

Blakka Ellis on "Jamaica a christian country?"

More Pastoral Inappropriateness & Under-aged Victims... Silence from The Selective Religious Anti Gay

Sodomy is an Issue for Teens says Jamaicans for Justice Interim Chairman

Disturbing Paedophile Case & Conflation of Same Gender Sex with Abuse

Allegations of St Catherine Teacher fondling boys makes tabloid headlines again

Concerned sources claim that ... Boys kissed, fondled by male teacher

and 

Another St Thomas Pastor Accused of Rape ........... Where are Anti Gay Religious Groups?

The question of the age is why are so many pastors interfering with minors while clothing themselves in piety? (see: Is the pope serious about confronting child abuse? .... the question of the age)

More anon

Peace & tolerance

H

More gay lotto scammers held by cops

Not even a month since the very public arrests, trial in our local courts, subsequent extradition signing and internationally shown accused placed on a US plane with FBI agents to boot more persons have been held. The crackdown is not limited to western Jamaica as scammer overall have been spreading themselves out and reducing the public displays of wealth, they buy cheaper cars to deflect eyes of suspicion by some. Gay lotto scammers were identified in this latest batch on April 26 and in the previous extradition there were allegedly some big players as well who were gay and whose cases are ongoing in the United States. 

66-count indictment

 the April extradition along with FBI agents

The eight, police constable Jason Jahalal, Alrick McLeod, O'neil Brown, Dario Palmer, Kazrae Gray, Kimberly Hudson, Xanu-Ann Morgan, and Dahlia Hunter are facing a 66-count indictment in the state of North Dakota. They are each charged with one count of conspiracy and attempting to commit wire fraud, 48 counts of wire fraud, 15 counts of mail fraud, and one count of money laundering.

Prosecutors in North Dakota have charged that they were part of a criminal organisation, led by another Jamaican identified as Lavrick Willocks who used an advance fee or lottery scam scheme, to fleece 80 elderly victims of approximately US$5.6 million.

Willocks was apprehended last November in the garden at a Kingston hotel and extradited to the US in January after waiving his right to a hearing.Sunday May 7, 2017 was the last raid known done which netted a mixed bag to include young gay men, the symbiotic relationship between hetero and homosexual is well established and while there is illegality it had a positive impact on the homeless populations then; when the fallout came however the result was displacement as the mother figure of the drag queens for example was zapped.

Hitherto this latest raid and nabbing of persons there are outstanding persons to be extradited and is allegedly on the run meanwhile the courts in the United States has started trial of the last batch of accused.

The police raid at a house in Pitfour resulted in wads of cash, laptops, three motor vehicles, smartphones and suspected lead sheets used to target unsuspected victims in order to persuade them to send cash. Three persons were held as it is suspected that the occupants at the house saw the cops arriving and so they made good their escape from a side gate. It is amazing to many that despite the crackdown with United States pressure and support to boot persons still continue to do this is a question that is on the minds of many. Earlier this month there was another detention by cops of persons and cash and other items were found but the persons held were released as the evidence apparently was not strong enough to lead to arrest. Greed seems to be the reasons for persons continuing in this illegal activity as the money is just irresistible, the lavish lifestyle, materialism without having to work traditionally for it.

The age cohort seems to be falling yet still as school children are involved and recruit others, some simply stop going to school and mange to convince parents and siblings into the act. Problem with those who are gay and involved it leaves an ugly impression occasionally expressed by public commentators with an antigay thought process that lotto scammers and such must not get any rights. It gets particular potent when any mention of the often described the father of scamming (which he is not) Kenrick ‘Bebe’ Stevenson and while he and others were held and tried in court before he was murdered; some say he deserved it and maybe some powerful folks got involved in the setting of his demise. His connections to the People’s National Party, PNP as he was a community leader and vice president of the western region, even after so long his legacy is still lingering to reflect the antigay posture by some.

How to interrogate persons involved or thinking of entering the fray to recede to the business of working for what wants, saving and proper planning, pursuing some sort of education and or small business opportunities is the challenge, not when persons can wash their cars and shoes with champagne, paying rent months well in advance without a refund from the landlord if it is they have to make a quick move as they suspect some heat. 

latest update 

The crackdown continues with much support by the US and a recent a rather shocking if not controversial declaration by the an embassy official that they are going after lawyers supposed facilitating money laundering for scammers left many eyebrows in the room. Many are waiting with bated breath to see who the US folks are talking about, bearing in mind that the comments made by Joshua Polacheck (above) included that the investigations are near completion through to requesting extradition orders, that suggests persons were being watched for a while or that persons who have been held have been spilling the beans possibly in exchange for lesser sentences in a kind of plea bargain arrangement. I am hoping that young gay and lesbian indeed transgender folks take sleep to mark death and avoid ruining their lives and or future. Despite murders there seems not be any deterrent to persons still entering the fray, the money is too sweet they say in some circles.

More anon

Peace & tolerance

H

Church silent as pastor hit with buggery charge says Star

In a follow up to a previous post on sister blog GLBTQ Jamaica a pastor was accused of buggery of a fifteen year old boy the 'church' has been accused of silence in a hypocritical sense. In the previous report I posted:

A 27 year old pastor of the New Testament Church of God in Bonkers Hill Trelawny has been relieved of duties after he was charged with sexual assault & buggery of a minor being a fifteen year old boy. Percy Smith has been slapped with buggery, gross indecency and grievous bodily harm, the acts allegedly occurred between 2016 to earlier this year. In a press release yesterday the Administrative Bishop of the church Reverend Wellesley Blair confirmed that Smith was removed from conducting anymore pastoral duties, he said the church disassociates itself from immoral, unlawful or reprehensible acts unbecoming of a pastor; he said the church is willing to cooperate with the investigators in whatever appropriate or is necessary and that the church is also expressing sympathy to the family affected, the accused pastor is to face the court sometime this week.

I hope that the youngster is being properly counselled and engaged towards some recovery, also I hope the court systems are taking into account the sensitivities involved and that the matter is tried ‘in camera’ (the accused and the victim) so as to avoid any unneeded exposure. The repeated mention dates and or preliminary hearings can be daunting for the victims in particular, to be asked to go to court to face the evil one or made to relive the matter.

I can only imagine the state of affairs in that household and by extension the rest of the church community and the condemnation on their part of the accused pastor seeing it is same gender sex matter, I raise that because of the justification of an ongoing matter of the Moravian pastor who was accused of assault of a fifteen year old girl. Many commentated openly that nothing was wrong with ‘a little sex’ and after all she is a girl and the accused pastor in that matter should be forgiven; the efforts by some who ought to know better to seemingly protect that pastor only threw salt in the wound and has left me wondering what other dark secrets ad out there that church boards are aware of but cover them up so as not to ruffle feathers. Apparently hetero-paedophile appearing abuse cases can or should be allowed some leeway because it the accepted straight sex but mention a male and all hell break loose. Comments made by overly fanatically sympathetic congregants and others that the Moravian pastor blasting those who accused them shows up the kinds of control some have over those who are easily led. (more HERE)

ENDS

But the Jamaica Star's Western Bureau reported:

Superintendent Clive Blair, who heads the Trelawny Police

The New Testament Church of God in Bunkers Hill, Trelawny, was clearly not a happy place on Sunday. While members were out in their numbers for morning service, it was quite obvious that the recent arrest of their leader, Pastor Presley Smith, had dampened their spirits.

The 27-year-old Smith was arrested last Friday, accused of grievous sexual assault, buggery and gross indecency against a 15-year-old boy, who is said to be a member of his congregation.

According to a member of the community, Smith recently baptised the young man he is now accused of molesting.

When the WESTERN STAR tried to get a comment from a member of Smith's congregation about the very serious charges against him, she turned her face away, started humming a song and quickened her steps. Other church members took a similar stance, refusing to discuss the matter.

Superintendent Clive Blair, the commanding officer for the Trelawny police, said Smith's arrest came after the matter was thoroughly investigated.

"Our understanding is that the alleged offences were committed over a period of time on a 15-year-old student of one of the high schools in the parish," Blair said.

When the WESTERN STAR reached out to Bishop Lloyd Lawrence, president of the Trelawny Ministers Fraternal, he said: "Before you go any further, I have no comment."

ENDS

I was not expecting the 'church' to quickly hit out at this given the collective position they have taken on the buggery law and implying a homo-paedophile construct to bolster their antigay position. Now that one of their own is caught in the very sexual abuse phenomenon what can they say, effectively not much. It would be interesting find out if the church would be so forgiving to welcome the accused pastor to the fold or either suggest reparative therapy or other psycho-sexual interventions. The matter is to heard in court soon.

Peace & tolerance

H

Review of Sexual Offences Act ..................

The Joint Select Committee (JSC), which has been completing the review of the Sexual Offences Acts, will resume meeting on Tuesday morning at Gordon House.

The new JSC was established in December 2016 by the Government, with current chairman being Minister of Justice Delroy Chuck, replacing his predecessor Senator Mark Golding.

It has met twice, including in February when Police Superintendent Enid Ross-Stewart, head of the Centre for Investigation of Sexual Offences and Child Abuse (CISOCA), landed a shocker when she informed the committee that clergymen and policemen were the most consistent "high-profile" people being arrested for having sex with girls under the age of 16.

Superintendent Ross-Stewart’s declaration, coming on the heels of the media exposure of two leaders of the Moravian Church community, former President Dr Paul Gardner and his former deputy, Jermaine Gibson, being arrested on charges of carnal abuse and indecent assault in January, was a major news issue then.

Ross Stewart added that CISOCA’s arrest of a number of ministers of religion recently on similar charges was nothing new.

However, while the previous committee headed by Senator Golding did quite a bit of work on the review, it was haunted by the fact that the local gay committee, buoyed by a promise from former Prime Minister Portia Simpson Miller prior to the 2011 General Election, that she would address their claims of discriminatory anti-buggery legislation, were making some noise about the buggery legislation.

One gay activist, lawyer Maurice Tomlinson, actually accused Simpson Miller of a "blatant betrayal" for refusing to abolish Jamaica’s buggery legislation. But, a church group, the Jamaica Coalition for a Healthy Society (JCHS), led by Dr Wayne West, strongly opposed any reform of buggery legislation in the process.

Senator Golding said he would not be surprised if the contending parties used the opportunity provided by the review to make their cases for and against repealing the buggery legislation. But he made it clear that this should not be seen as the aim of the exercise. At that time, then Opposition Leader Andrew Holness suggested a referendum to decide the issue, contending that a conscience vote in Parliament would not be effective.

New chairman Delroy Chuck insists that he is open to a discussion on all the issues surrounding the Acts involved and the role of the committee, which is to consider and rev existing legislation which purport to, among other things, protect women, children, the disabled and the elderly from violence and abuse, including the Sexual Offences Act, the Offences Against the Person Act, the Domestic Violence Act and the Child Care and Protection Act.

The committee will eventually make recommendations for legislative amendment, not restricted to the stated legislation under review, for the better administration of justice and the effective protection of these special groups, as it deems necessary.

The committee comprises: Chuck (Chairman); Senator Golding; Minister of Culture, Gender Affairs, Entertainment and Sport Olivia "Babsy" Grange; Minister of Foreign Affairs and Foreign Trade Senator, Kamina Johnson Smith; minister of state (education, youth and information, Floyd Green; Marisa Dalrymple-Philibert (Trelawny Southern); Lisa Hanna (St Ann South Eastern); Dr Lynvale Bloomfield (Portland Eastern); Denise Daley (St Catherine Eastern); Senator Ransford Braham; Senator Saphire Longmore; and Senator Sophia Frazer-Binns.

*** The two Bills completing the Property Tax implementation process — the Property Tax (Amendment) (No 2) 2007, and the Property tax (Validation and Indemnity Act — were approved in the Senate Friday, after a lengthy debate which sounded more like the State of the Nation.

Opposition Senators took the position that the increases were unnecessary, as they claimed they resulted from the $1.5-million tax threshold benefit introduced by the Government on April 1 to fulfil its election campaign promise. They also claimed that the increase to $1.5 million of the income tax threshold (moving from just below $600 million) did not benefit the workers, who would be paying more taxes in other areas due to inflation, and that the reduced rates announced last week were still too high.

The Government responded that the tax package introduced in the 2017/18 Budget Debate had already covered the $13.5-million gap created by the increased threshold and did not provide any additional tax revenue, as it was revenue neutral, as confirmed by the International Monetary Fund. They also pointed out that the tax revenues from property tax were specifically meant fo road maintenance, streetlights and garbage collection by the parish municipal corporations and could not be lodged into the Consolidated Fund.

The Government also noted that the significant increases in property tax experienced this time was due to the former Government’s failure to evaluate and implement property values on time, including implementing the re-evaulation which was done in 2013.

But what was most interesting about the exchange was Government Senator Lambert Brown’s explanation of why the new rates were not implemented in 2013.

According to him:

"The reality is that we applied wisdom. We chose not to pressure the people. But you now come in and decide, as I said earlier, that the people must pay more taxes, as if that is a good thing. I don’t share it, that taxing the people is a good thing, especially when those taxes can be avoided," Brown said.

Government members reminded Senator Brown that they could not be avoided because they are a legal requirement every five years, and the money collected goes from the Ministry of Local Government and Community Development to the Parish Councils/Municipal Corporations to pay for their responsibilities and not into the Consolidated Fund.

This week’s Gordon House schedule:

• Tuesday, April 25, 2:00 pm — Siitting of the House of Representatives (Sectoral Debate);

• Wednesday, April 26, 10:00 am — Public Administration & Appropriations Committee;

2:00 pm — Sitting of the House of Representatives (Sectoral Debate)

• Friday, April 28, 9:00 am — Sitting of the Senate.

The importance of arraignment in a criminal court .............

An attorney has sought to provide some guidance on the issue of judges ruling in the parish courts without a lawyer or a changed plea from guilty to not guilty involving the sometimes controversial Resident Magistrate Judith Pusey.

There was an unfortunate news item in the media last week about a lady who went before a parish court judge and was convicted without a trial or hearing. 

The case came to public attention after a ruling from the Court of Appeal, which was followed by a front-page article in the Daily Gleaner with comments from former Justice Minister Mark Golding, and thereafter a stinging criticism from the Director of Public Prosecutions. The saga is unfortunate.

In all of this, it seems as if the full 'story' is still unfolding, as last week a Queen’s Counsel was on radio saying that he was present in court, and in fact heard when the lady in question pleaded guilty. 

That is interesting and adds to the intrigue.

The starting point in the criminal justice system is Section 16 of the Fundamental Rights and Freedoms (Constitutional Amendment) Act 2011, which provides that a person charged should be afforded a fair hearing.
Arraignment

STEP 1: A critically important part of the due process expected in criminal cases is the arraignment process. This happens, on most occasions, on the first appearance in court. The procedure requires the clerk to announce to the parish judge that the next matter is say 'R v. John Brown for larceny'. If Mr Brown is already in the dock, upon his name being called he stands so that the judge identifies him, especially since other persons are seated in the dock. At the same time, the judge ensures that he finds John Brown’s name on the court sheet. If the matter were coming before the court for the first time, the judge would ask the clerk to outline the allegations against Mr Brown.

What happens next is critically important.

STEP 2: At this stage, if a lawyer does not represent Mr Brown, the judge would ask him if he has a lawyer. If the answer is yes and the judge forms the view that the lawyer is just running a little late for court, the matter is sometimes stood down to await the arrival of the lawyer. If the answer is no, on some occasions, the accused is asked if he can afford to retain a lawyer. If the answer to the judge is yes, the accused might be given time to do so. If the answer from the accused man is no, the judge would seek to assign a lawyer under the legal aid system, if the case is not drug related.

STEP 3: Depending on the circumstances, the clerk may proceed to read the criminal charges against Mr Brown, and thereafter ask him if he is guilty or not guilty. If the answer given is not clear or Mr Brown says guilty with explanation, the judge will intervene to hear the explanation or seek clarification and ensure that the answer given is a direct response to the question posed by the clerk and most importantly that Mr Brown understands the nature of the charge.

STEP 4: If the accused pleads guilty, the judge is most likely to order a social enquiry report and set a date for sentence as well as to determine the status of the Mr Brown with respect to bail.

STEP 5: If it is a not guilty plea, the judge is likely to make enquires as to the status of the file, give a date for disclosure on Mr Brown or his lawyer, determine the status of Mr Brown with respect to bail and set a mention date for Mr Brown to return to court.

It seems as if it was the absence of the steps above, which caused the complaint to the Court of Appeal.

The reality is that if an accused person is not arraigned but was deemed by a judge to be guilty and sentenced, it is very like that the aggrieved convicted person could successfully complain to the Court of Appeal that he did not get a fair trial for want of due process. The case in the media highlights the importance of the arraignment in the criminal justice system. It should never be ignored or circumvented.

- Keith N. Bishop is an attorney-at-law and senior partner in the law firm of Bishop & Partners. He may be contacted at knbishop@gmail.com or by WhatsApp at 876-460-8231.

Gay man fears death in lock-up

A  man pleaded guilty to three offences in the St Andrew Parish Court because he is tired of being physically abused in jail. He was suspected to be one of the persons robbing cruisers and other members of the public alike in a phone stealing ring. Sadly the other homeless/displaced MSM/transgender get the blame which is why many stay away from helping them apart from the neglect altogether by the NGOs outside of the usual tokenism.

Samuel Martin pleaded guilty to larceny from a person, malicious destruction of property, and robbery with aggravation from November when he was arrested and subsequent preliminary hearings and entering his plea.

Martin said he pleaded guilty for the offences, not because he has committed the acts, but because he has sustained significant abuse at the Half-Way Tree Police Station lock-up.

"They don't like we because we are homosexuals, Your Honour," Martin said.

"Last night, a get three tump inna mi forehead," he told the judge.

The presiding judge told Martin that his reasons for pleading guilty were wrong.

"The only reason for you to plead guilty is if you do what you are accused of," the judge said.


CELL PHONE

Martin responded: "Your Honour, mi cyah tek di beating anymore. Mi just waan leave Half-Way Tree. Dem beat mi up dis morning."

As the court clerk read the charges, Martin shouted "Guilty".

He was charged for stealing a Samsung S7 Galaxy smartphone, damaging a van, and robbing a man of $10,000.

Martin said: "I'm a former hairdresser on Princess Street, downton. Dem a set mi up fi dead."

The judge remanded him until the December 2, 2018, when he will be sentenced.

"Yuh Honour, dem a go kill mi," Martin exclaimed, before being taken to lock-up.

Other incidents have come to hand and I carried a couple as well which strongly suggest something else is going on with other gay or not miscreants.

In 2011 'Gabriel' was featured in a Jamaica Observer video on men doing women's work, traditionally some jobs in Jamaica are not seen as 'men's work', but not to these men plying their trade as beauticians in downtown Kingston...

Peace & tolerance

H

also see:

Another phone thief held, forces victim at knifepoint to unlock phone

Man robbed of smartphone by homeless gays

Cruiser robbed of phone on Tom Redcom Avenue

Thug decoy targeting cruisers again, some take action

Gay lover beheading case judgement of life imprisonment & co-acussed get 22 years before parole

In a previous post where indications suggested a December 9, 2016 judgement has now yielded results as the court has made a ruling.

A man, who was convicted of participating in the murder of his male ex-lover, was sentenced to life imprisonment in the Home Circuit Court in Kingston on Friday, March 3.

The convict, Howard Ricketts, will serve 22 years in prison before he is eligible for parole.

The disclosure was made by deputy director of public prosecutions, Maxine Jackson to The Times last Friday. Ms Jackson was the lead prosecutor at Ricketts’ trial last year.

The sentencing was handed down by High Court Judge, Justice Viviene Harris.

It was one of those murder cases that would cause anyone to shudder.

It involved a man murdering his male ex-lover. And there was a third male involved – a younger man who came into the relationship and the house shared by the two male lovers.

TVJ March 25th Headless Man Story & Suspicions from GLBTQJA on Vimeo.

It was a case that dominated the 2016 Michaelmas session of the Circuit Court where the court heard about homosexuality, HIV/AIDS, jealousy and hurt as well as graphic violence but it turns out it was about the deceased being accused of deliberately infecting the accused.

At the time, Howard Ricketts, who was a security guard at the York Castle High School, had been in a ten-year relationship with his ex-lover, Burnett Thomas, who was also a watchman at the school at the time of his death.

However, the relationship turned deadly after a third man, Neville Lewis, alias Garnett, accused Thomas of infecting him with HIV.

The headless body of Thomas was found partially burnt at a house in the community of Lincoln, near Brown’s Town, St Ann where he had lived with Ricketts. The body was found on Sunday, March 25, 2012 at about 8:30 a.m.

The discovery was made after residents reportedly saw smoke coming from a back room in the house and went to investigate.

Thomas’ decomposing head was found on March 29, 2012, about two miles from the Lincoln community in a yard, in a community known as Cockpit.

Howard Ricketts was charged on April 2, 2012 with the murder of Burnett Thomas and under caution he said, “Offica a di bwoy Garnett cause dis pon me. Him say mi fi help him and look wha’ happen.”

‘Garnett’ was a reference to Neville Garnett Lewis, who has already been convicted for his part in the murder after he pleaded guilty on May 24, 2014. He is serving 25 years in prison.

RICKETTS TESIMONY

In an unsworn statement from the dock, Ricketts had told the court that on the morning of the incident, he observed Thomas and Lewis arguing and this took them from the bedroom to the living room.

Rickets said he saw Lewis use a machete to chop Thomas in the left side of his neck. He said Lewis told him that he had to take part in the act, because Thomas infected them both with HIV.

At that time, Rickets said he was crying, but he assisted Lewis to pull Thomas to the bedroom and placed him on the bed on his back. Ricketts said that Lewis forced him to participate in the murder. He said Lewis threatened that if he did not he (Lewis) would turn on him next.

Ricketts then inflicted stab wounds to chest and intestinal area with a machete, but at the time, Thomas was already dead.

He had contended that Lewis had used the machete to sever Thomas’ head before he (Ricketts) inflicted the stab wounds.

The head was then placed in a rice bag.

However, medical evidence also indicated that, contrary to the claim by the defense, Thomas was alive at the time he was stabbed by Ricketts.

A pathologist with the Ministry of National Security testified that Thomas did not die because of the severing of the head, but because of the stab wounds that were inflicted to him.

The prosecution’s case also relied heavily on answers Ricketts had given to nearly 100 questions by police at the time of his arrest.

The jurors on Thursday, November 3, 2016 returned a six to one verdict of guilty against Ricketts.

His sentencing had been delayed on two occasions since that time.

Peace & tolerance

H

T & T Gay activist files lawsuit challenging Sexual Offences Act

 Jason Jones (from internet)

PORT OF SPAIN, Trinidad (CMC) 

— A Trinidad-born gay rights activist has filed a lawsuit challenging Sections 13 and 16 of the Sexual Offences Act, which criminalises buggery and serious indecency even between consenting adults in Trinidad and Tobago.

In his lawsuit filed in the High Court on Thursday, Jason Jones claims that the “very existence of these sections continuously and directly affects the claimant’s private life by forcing him to either respect the law and refrain from engaging – even in private with consenting male partners – in prohibited sexual acts to which he is disposed by reason of his homosexual orientation, or to commit the prohibited acts and thereby become liable to criminal prosecution”.

The United Kingdom-based Jones is also claiming that the legislation contravenes his constitutional rights to privacy and freedom of thought and expression in addition to being in direct contradiction to this country’s international human rights obligation.

He is also contending that the legislation opens him up to public prejudice and ridicule as it labels him and other homosexuals as criminals.

“He is accordingly the subject of extensive societal prejudice, persecution, marginalisation, a lifelong entrenched stigma that he is an ‘unapprehended’ criminal by virtue of being homosexual and he experiences the lifelong fear of being punished for expressing his sexuality through consensual conduct with another adult,” the lawsuit notes.

Jones is seeking to side step the “saving clause” feature of the Constitution which precludes a court from striking down and reviewing legislation which were in existence when the Constitution was drafted and that have been marginally changed since.

The lawsuit claims that the legislation amended in 1986 and 2000 repealed and replaced pre-Independence sexual offences legislation, covered by the savings clause, and thus is open to review. A date for the hearing of the constitutional motion lawsuit is yet to be set.

Jones told reporters that he took the decision to file the lawsuit due to his personal experience as a homosexual in Trinidad and Tobago including him being disowned by his family forcing him to migrate to the United Kingdom.

“I don’t wish to shove a gay agenda down you (the public) throat or attack your morals, religion or spirituality, I am doing this for the betterment of our nation, and for our feature generations,” Jones said.

Jones said in Trinidad and Tobago, members of the Lesbian/Gay/Bisexual/Transgender (LGBT) community face high levels of discrimination and for this to change, the law must be changed.

He added that the laws were originally British colonial laws, but Britain had removed the laws and is this year celebrating 50 years since de-criminalising homosexuality.

Why Box Ourselves In? - Judge Questions Fight Against Public Defender Joining Gay Rights Case

The Gleaner in reporting the constitutional challenge matter and the attempt of the Public Defender to join the case carried the piece below.

Court of Appeal President, Justice Dennis Morrison, has questioned whether a court should "box" itself into the "rigidity" of procedures and miss potentially useful contributions in a gay man's challenge to Jamaica's buggery law.

The top judge said that he was "grappling" with that "difficulty" yesterday as a lawyer for the attorney general insisted that the Office of the Public Defender does not have a legal basis on which to join the case.

Morrison and two others - Justices Marva McDonald Bishop and Frank Williams - are hearing submissions.

The Public Defender, Arlene Harrison Henry, wants the Court of Appeal to overturn a July 2016 Supreme Court decision blocking her from joining, as an "interested party", the case brought by Maurice Tomlinson, who is claiming that the buggery law breaches his constitutional rights.

Lord Anthony Gifford, who is representing the public defender, argued that unlike other human-rights related agencies created by Parliament, the law establishing the Office of the Public Defender says that the office is for the protection and enforcement of citizens' rights.

OFFICE NOT LIMITED

As a result, he said that the office is not limited to just investigations, noting that the 2000 law, which gave effect to that expanded role, was a departure from the office's predecessor, which was established by a now repealed act of 1978.

He said that although the issue is unpopular, the public defender's intervention would assist her "to protect the rights of a class of citizens whose rights will be impacted by the outcome of the case".

However, Solicitor General Nicole Foster-Pusey, who is representing the attorney general, insisted that Justice Kissock Laing was correct in refusing to allow the public defender in the case.

She said that the office has not said whether it has received a complaint that would fall within its remit, in addition to the fact that Tomlinson is not saying his rights have been breached by a state agency.

According to Foster-Pusey, who will end her submissions today, the public defender is pushing to join the case "on her own motion", as her actions are not supported by the law.

AGAINST A LAW OF PARLIAMENT

Justice McDonald Bishop noted that Tomlinson's challenge is against a law of Parliament and asked if the Office of the Public Defender was also interested in such a case, to which Gifford said yes.

In her submissions, Shawn Wilkinson, Tomlinson's attorney, told the court that the public defender is the main person entrusted with powers to protect the rights of "all" Jamaicans and then asked, "if not the public defender, then who" would be more interested in joining the case?

In his 2016 ruling, Justice Laing argued that "the public defender's submissions to the court would be of little assistance if they were neutral. If they are not going to be neutral, which position would the public defender take?

"The obvious danger is that regardless of the side that the public defender chooses, she runs the risk of losing the trust of, or worse, completely alienating, the other side," he said, noting that the gay issue was "nationally divisive".

Laing allowed several church and non-governmental organisations to join the case.

The actual case brought by Tomlinson is yet to be heard.

Peace & tolerance

H

also see:

Public Defender Attempts To Rejoin The Constitutional Buggery Law Challenge

Public Defender Attempts To Rejoin The Constitutional Buggery Law Challenge

The battle by the Office of the Public Defender to join a court case in which a gay rights activist is challenging Jamaica's anti-sodomy law is to be heard in the Court of Appeal this morning.

The panel of three judges will hear submissions from the lawyers for the Public Defender Arlene Harrison Henry.

Mrs Harrison Henry wants the Appeal Court to overturn a decision of a Supreme Court judge blocking her from joining as an interested party in the lawsuit brought by Maurice Tomlinson.

also see: Attorney General moves to strike out Public Defender appeal in Buggery Law case 

or READ: Public defender shut out of buggery law 

case (Gleaner) 

The Public Defender sought to join the case claiming her office was created for the purpose of protecting and enforcing the rights of all citizens.

That application was denied by the Supreme Court.

The Court said the Public Defender was attempting to insert herself in a nationally divisive issue and could lose the confidence of many Jamaicans if allowed to do so.

It also ruled that her neutrality would also make her contribution of little assistance.

Last month lawyers representing the Public Defender filed a motion appealing the decision.

The appeal dated the 13th of July says the learned judge acted unreasonably by denying the applicant’s request.

But the Attorney General is moving to have that appeal struck out.

Lawyers representing the AG’s Department filed a motion arguing that the rules of the Court of Appeal require an applicant to first seek permission in writing when filing an appeal.

They argue that since this was not done there’s no proper appeal before the court.

The AG is also arguing that the notice of appeal filed by the Public Defender on July 13 is not valid and should be struck out.

or 

Public Defender appeals block from Buggery Constitutional Challenge

Tomlinson had filed a constitutional motion against the Attorney General saying the buggery law amounts to a direct and blatant denial of equality before the law for him and other gay men.

In her application to join the case as an interested party, the Public Defender argued that her office was created for the purpose of protecting and enforcing the rights of citizens.

However, Justice Kissock Laing turned down the application stating that the Public Defender was seeking to insert herself into the centre of a nationally divisive issue and could lose the confidence of many Jamaicans if allowed to join the case.

Peace & tolerance

H

also see related court matters:

CCJ Reserves Judgement In Maurice Tomlinson Immigration Case .... 2015

Supreme Court throws out LGBT rights activist's case against 3 TV stations

Historical gay sex convictions in New Zealand to be wiped

As we in Jamaica continue to quibble after decades about the definition of rape and whether or not to decriminalize buggery and such other jurisdictions are getting the job done in terms of fixing the breach to gay men over so many years in error.

It was just some days ago that the folks in the United Kingdom also pardoned men with buggery running into the thousands who will benefit from such an action.

Yet we want to hold on to a 486 year old legislation simply because politicians are afraid to do the sensible thing.

New Zealand has said it will move to quash historical convictions for consensual sex between men.

Amy Adams

Justice Minister Amy Adams said an application process will be introduced and cases will be judged individually.

In 1986 when the Homosexual Law Reform Act was passed, sex between men above 16 years old was decriminalised.

But convictions for consensual sex between men prior to that still appear in criminal history checks and may have to be disclosed in job applications.

Ms Adams said the government intends to introduce legislation to implement the scheme in the coming months. About 1,000 people could be eligible to apply, according to New Zealand media reports.
'Stigma and prejudice'

A petition was introduced to parliament last July, asking for a process to reverse those convictions brought before 1986 and for an apology from the government.

On Thursday, Ms Adams apologised while addressing reporters.

"Although we can never fully undo the impact on the lives of those affected, this new scheme will provide a pathway for their convictions to be expunged," Ms Adams said.

"It means people will be treated as if they had never been convicted, and removes the ongoing stigma and prejudice that can arise from convictions for homosexual offences."

Only convictions between consenting adult men will be quashed, Ms Adams said, not those where the acts are still illegal today.

Britain announced it would pardon thousands of men convicted of offences that once criminalised homosexuality last year and a 2012 bill allowed those with historical convictions for consensual gay sex to apply to have them disregarded.

meanwhile locally here is some of the nonsense we have to contend with for example some of the comments on just the mere suggestion by the UN that rape should be redefined to reflect anal sex than just mere vaginal penetration:

Observer poll results February 2017

It is a little heart rending to watch countries that once criminalised buggery or anal sex with consent now rightsizing their legislation and going further to quash convictions that qualify while we fiddle with buggery. As a gay man who has been burnt by this buggery act I know all too well the sensitivities involved.

I am happy for the men who will benefit from this quashing in New Zealand.

Peace & tolerance

H

also see:

Thousands of gay men in the UK pardoned for past convictions of gross indecency

J-FLAG call to broaden definition of sexual intercourse

Defintition of sex business back on the agenda again