Gay man complains in court of police harrassment after ganja find

If one were to follow the headline in this case by the sometimes gay-baiting Jamaica Observer you'll be left thinking something else, it read: AIDS-infected homosexual accuses police of discrimination BY RACQUEL PORTER.

One would have thought that despite some sensible editorials on LGBT related issues that a better written account would have obtained, indeed I am not a journalist but I could have given a better account, I guess sensationalism still sells or gets clicks these days. I am not pleased how the headline effectively misled the public in a sense.

We DO NOT use terms such as'AIDS-infected homosexual' to describe HIV positive persons and besides one has to contract HIV first then one develop AIDS related illness or complications after a severely compromised immune system.

Now to the Observer story:

A self-confessed homosexual, who is also an AIDS patient, yesterday complained in the Kingston and St Andrew Parish Court that the police are discriminating against him because of his sexuality. The man also accused the police of denying him his acquired immune deficiency syndrome medication.

The 22-year-old gay man was held at the Norman Manley International Airport on February 6, after attempting to smuggle two-and-a-half pounds of ganja to Curacao.

In explaining his story to the judge, the young man said that when he told the police officer that he needed to take his medication, the cop said “him no like homosexual”.

“One of the officer dem seh dem wi spray mi cause dem no like b....man. I didn’t get a chance to take my meds. I don’t go anywhere without my meds,” he continued, adding that he contracted the virus at age 11 when he was raped.

This is not the first complaint of discrimination by homosexuals before the court.

In the past, they have complained of being mocked and physically abused by members of the Jamaica Constabulary Force (JCF).

In February 2015,

Sunday Observer published a story about a cross-dresser who complained in court that he was ridiculed and beaten by police officers.

Assistant Commissioner of Police Glenford Hudson yesterday told the Jamaica Observer that the JCF’s Diversity Policy is clear that homosexuals should be treated equally, with consideration for their human dignity and their safety.

Hudson said that despite the JCF not having a specific detention facility to house homosexuals, they are separated from the general population in lock-ups when they are arrested and charged.

Hudson, while stating that he is not aware of the complaints, said there should be no discrimination against homosexuals.

“He should get his medication once it is known. He should get some sort of help for whatever illness there may be, once it is known,” he told the Observer. “We have the facility to get government medical personnel in our detention centres to check on people and to ensure that whatever illness they are saying they have is not used to get away from certain things.”

However, when the 22-year-old’s matter was called up yesterday, the court was informed that he is being held at Hunt’s Bay Police Station.

The court was told that about 4:50 pm on February 6, the 22-year-old went to Norman Manley International Airport in Kingston and attempted to board a flight to Curacao. He was stopped and searched by the police, who were reportedly acting on information.

During the search, a bulge was allegedly discovered in the region of his groin. Williams subsequently removed the irregular-shaped parcel, which contained the ganja, from his crotch.

When he appeared in court yesterday, he pleaded guilty with explanation to possession of and dealing in ganja.

Prior to adjourning the matter, Parish Judge Andrea Pettigrew-Collins instructed the liaison officer from Hunt’s Bay Police Station to find out what had happened to the accused man’s medication.

The young man will be brought back to court today.

ENDS

It seems the alleged HIV positive man was not so honest based on what the court heard and stories like this when told in this way do in fact have some effect on perception of gays and credibility on many fronts including advocacy and hence justified denials by some for now LGBT rights.

Hope we get the judgement report as a follow up, sorry I could not make it to the parish court to hear the matter.

Peace & tolerance

H

You are entitled to a lawyer .................

Last week, we looked at freedom of movement as a right to each Jamaican under the Constitution. In this week's article, we look at how you can get legal representation if you are in conflict with the law. It does not matter how much money you have, legal aid is available to you.

From left Chief Justice Zaila McCalla, President of the Court of Appeal Dennis (CDM) Morrison, and Justice Hilary Phillips, leading other members of the judiciary into a church service.

Let's go through the following:

1. Every person, adult or child, taken into police custody is entitled to legal representation by an attorney. It's your right. Ask the police to call duty counsel for question-and-answer session, identification parade and application for station or court bail.

The duty counsel programme is free. The duty counsel list was recently upgraded and has more than 500 attorneys. The updated list outlines the names, contact numbers and parishes in which attorneys have been designated to assist with representation for accused persons.

2. If you have been taken into police custody and scheduled for a question-and-answer session, you are entitled to have a lawyer advise and represent you.

3. Where the police schedule identification parade for a suspect, the suspect is entitled to have an attorney present at the identification parade to ensure the process is fair and in accordance with the law.

4. An assigned counsel must take full instructions from the client, enquire into client's physical well-being, if in custody, ensure all client rights are observed and advise the client.

5. The Legal Aid Council assigns an attorney from a panel of private lawyers to represent you in a criminal matter from the first court date to the conclusion of the matter. A magistrate, judge, director of a Legal Aid Clinic or the Legal Aid Council may grant your request/application for a lawyer.

6. All attorneys to whom court cases are assigned are in private practice, and are committed to represent all clients vigorously and fearlessly.

Next week, we will continue to look at your right to legal representation.

You Can Get Help

The Legal Aid Council is located on the Ground Floo of the Air Jamaica Building at 72-76 Harbour Street, Kingston.
Telephone: 948-6999

Email: aid.legal@moj.gov.jm

Visit also:

- Kingston Legal Aid Clinic, 131 Tower Street, Kingston
Tel: 922-3792.

- Montego Bay Legal Aid Clinic, 42B Union Street, Montego Bay, St James, Tel: 952-2183.

- Norman Manley Law School Clinic, University of the West IndiesMona Campus 927-1007.

3 cops held for alleged shake down of three men ...............

Three Constables Charged For Breaching the CPA Three Police Constables of the Hanover Division who were arrested last week by detectives from MOCA West, were subsequently charged for breaches of the Corruption Prevention Act, according to MOCA.

They are Shemroy Hewitt, Andre Drummond and Conrod Clarke; all stationed at the Hanover Police Headquarters. Allegations are that on Tuesday January 3, 2017, the driver of a Toyota Corolla was travelling along a main road in Hanover when he was stopped by a team of policemen. The occupants were then ordered out of the vehicle and during a search, documents relating to lottery scamming activities were found. 

The three policemen then solicited and later accepted the sum of One Hundred and Fifty Thousand Dollars ($150,000.00) from the driver, who subsequently reported the matter to detectives from MOCA West. Following interview sessions and an identification parade, charges were laid against the Constables. 

They were placed before the Hanover Parish Court on Monday, January 16, 2017 where they were each offered bail in the sum of Five Hundred Thousand Dollars ($500,000.00) with sureties. 

A Stop Order was also placed on them and they are scheduled to return to court on Wednesday, February 28, 2017. MOCA wishes to remind members of the public who may have any information that could assist in any investigation to call MOCA at 754-3435 or 906-5099 or 851-0113 or 1-800-CORRUPT or by email at moca@jcf.gov.jm More information is on the MOCA.gov.jm website or visit our Facebook page at www.facebook.com/MOCAJamaica and follow MOCA on Twitter @MOCAJamaica.

The alleged scammers who said to have paraphernalia of contacts overseas and lead lists were not arrested even after the sting operation was set up and the cops nabbed. This suggests that the allegations by the cops was false it seems as their wrong is now being exposed.

They are to return to court on February 28 after being granted bail in the Hanover Parish Court. They were each offered bail in the sum of $500,000 with sureties when they appeared before the court.

The last time there was a similar case carried on this blog was: 

Cops freed of corruption charges shakedown of gay men in 2015. That case ended due to want of prosecution as the two men who made the report did not follow up for the preliminary hearing and court mention dates, even after reporting to MOCA and having them extend state resources pursuant to a successful sting operation.

More anon

Peace & tolerance

H

And 20 years hence ...........

the very spot where the above American Airlines crashed site some years ago where my ordeal and road to change and activism began

November 9 1996 would never be the same for myself and subsequently three other co-accused gay men who just happen to be in the wrong place at the wrong time, time flies indeed and I cannot believe that a full 20 years have passed when on Palisadoes Road to be precise when were surprised by bright lights and as it turned out it was a search-light atop a police car who happened on us complete with expletives, raised decibels and a string other anti homosexual comments when they realised we were all male. Despite that fact that no anal sex was happening at the time of the encounter we were none the less charged for it or at least two of us, myself and my then dating boyfriend who now lives abroad since the episode.

You may have heard my reference my buggery case from time to time in previous posts, well it all stemmed from the bizarre sequence of events that morning.

Picture it, a young man in my twenty third year of life with not a care in the world than normal, in a decent job, a roof over my head, mom and dad were still around and relatively healthy and mortgage payments; on vacation leave only to have my life turned completely out of whack just before returning to work due the following Monday, after running some errands in Spanish Town the night before, November 8 I made my way to the barbers to get my grooming on and keep my face tight; I ran into my cousin who was having drinks at a bar and he offered and we chatted about all kinds of nonsense, I was not out yet to him so I suspect he did not out rightly know I was gay although there was talk in the family already as I had no girlfriend since my late teens full time and apart from her miscarriage I never attempted for children.

We drove off to head for home as he lives just across the same housing scheme but he said he wanted to chill some more so we ended up at a street dance off Brunswick Avenue and had a few more drinks and by midnight we finally called it quits. Arrived home and decided to take a shower when the phone rang, it was my then date who said he was bored and his best friend one of the now infamous four were out and about on the town when they offered to come get me; I hesitated as I usual do not venture out after coming in from the road; they pressed me none the less and I capitulated. In less than twenty minutes there was the toot at my gate, relatively fast since it was late, I showered and left in the car. We were having a ball, four young men with not a care in the world, we look good, we had money so what is to stop us apart from the nonsense homophobia we were about to walk into. We stopped by a popular hookup joint then known as ‘Sandringham’ but it was full so we headed to Burger King had a bite and left aimlessly out and about, the road was busy as the early air of the Christmas holidays were visible with the trademark pepper lights, tinsel and such were in full swing. So we somehow decided to drive and anywhere the destination landed us then so be it.

We ended up at Palisadoes, upon our arrival we parked just opposite the airport runway but realised we had company as other persons were there; mostly heterosexual couples doing their thing in the vehicles as it is a popular spot for that sort of thing; a refridegerated truck drove off but we did not pay it any attention and we moved closer to the sea shore where we dipped our feet in the water, then we moved to the ill-fated spot and paired off in a romantic setting then came the floodlights aimed at the car and plain clothes as well as uniformed cops came charging out; upon discovering we were all males then homophobia started; my shirt was off by then so I put it on and the other two guys who were leaning on the rear of the car a grey Toyota Corolla were ordered to allow the cops to search them.

We were hustled into the patrol vehicle while one of the officers drove behind it to the Airport police precinct and that’s when things got interesting:

Parading of us as ‘battyman’

Numerous phonecalls to alert other officers of us

A barrage of questions dotted with condemnation as to our abomination and nastiness to include ‘shitpit’ references, I guess they never actually gay men in the flesh directly before in full knowledge of their sexuality so curiosity was high

Attempts to get us to tell when and where we started being gay and that if we do not know we can change; the usual restorative mantra

A full out prayer meeting at one point as we ignored it for the most part to change us into heterosexuals again by a fire brand female officer who sounded Pentecostal like

Attempts to try to get us to give a statement despite that fact that the charge was not yet entered in the station diary; some cops dismissed the whole affair and urged the others to let us go and move on as one put it at the time words to the effect that ‘dem a decent yute dem man’ (these are decent men) maybe implying the effort should be more on hardened criminal suspects, myself and my date were ones who seemed to be targeted for getting the full buggery charge seeing we were on the backseat of the car not naked but shirts off and in a hugging position, the other two guys ended up with a gross indecency charge; we were asked to strip away from the other cops and our underwear taken to supposedly be used as exhibits. A corporal Bailey was more civil in how she dealt with us and seemed sympathetic but I had my doubts as it could have been a softening exercise to have us implicate ourselves, a tactic used by police when they know that they have a weak case with nothing to stand on.

The ordeal lasted for a 5 hours so much so I started fall asleep in the backroom of the station, by the time sunrise came we could hear the mob outside the station demanding the cops hand us over to them as word spread of the ‘four battyman dem’ so arrangements were made to take us into town itself as the jail cells there had suspects. The departure from the station was another matter as the cops had to make a passage way with their bodies as the mob waited eagerly; we were told to dash towards the jeep which we did and the mob went bezerk in their failure to get us and the police’s protection of battyman. We subsequently were taken on tour it seems to multiple police posts and precincts, namely Half Way Tree where interestingly despite no cell phone technology then prisoners/suspects were shouting from the windows of cells which one they wanted ‘the brown one’ referring to Nigel in the group. I thought they meant to exact violence but I subsequently learned later that it was for sex (despite Jamaica’s homophobia) substitutional sex in prisons or the prison wife phenomenon is very much here.

We then ended up at Elleston Road where another display session took place much to the raucous laughter of some, we were all frightened as we did not know where this was going given the awful history of police abuse of gay men years prior often gone unabated and corrected. Then someone called my name even as I hid my face between my legs worried about what my family would think when they get wind of this; the voice was that of a police officer who I knew so Lord I melted as he would be the one to take news onwards, I never responded when he repeatedly called me and then cursed an expletive and walked muffling under his breath ‘battyman’ we made our statements after the charges were read to us and the taunts and curiosity seekers were at it as at Pailsadoes. Were then were taken to Central precinct in a bid it seems to find a place to put us on remand and again as at the previous locales the humiliation, curiosity, verbal abuse persisted.

We ended up at the Elleston Road Medical centre with now 8 cops (two of which I subsequently learned were bisexual as they came out to me years later) to be examined by the doctor on behalf of the state to prepare the doctor’s report for the prosecution/arresting officer. To think the doctor effectively had to commit buggery by fingering in a glove with lube to check the tightness or looseness of our sphincter muscles. The report later suggested spermatozoa cells were present normally at the fibres of the clothing where they should be but also at my anus (first sign of a falsified report in hindsight) as remembering no anal sex occurred and a condom that was in my pocket ended up also as an exhibit. But let us not rush it yet, we were then taken to Remand Centre in Rema and the cops their all but one all agreed to use the story of a charge of illegal drugs seeing it was at the airport stretch which is also known as a float away point for cocaine. This was done to diffuse any challenges that may come while we were in custody but one police woman decided to circulate by way of a note that were bugga man.

That’s when all hell broke loose and the beatings started; we were then separated into different cells so as to reduce the familiarity component but it was clear by our second day on lock down a cell block shanking was in order. I was able to defend myself in a way but my other pals I could hear my date pleading for no more hits. The ordeal went on for some hours before things cooled. We had court the morning in questions and the bruises were evident but despite the cops asking us to point out the culprits we kept it in as we were not sure of the aftermath. We subsequently placed in one cell which was not on lock down like the others with more hardened accused. Everything from hits with bottles, to the trademark melted plastic on skin was used as tortures to us but thankfully we made it through. The court hearings started and even there in the hallowed halls of justice we were subjected to ridicule even by one of the four judges overall who heard the case, inescapable homophobia I suppose. The judge in question asked who was doing whom? Much to the laughter of the courtroom. Some two years plus passed with the repeated mention dates as the arresting officers simply stopped attending court despite numerous subpoenas. We were advised not to give up and attend every mention date; we did and then the faithful day came when we asked the bench to throw out the matter sighting our punctuality in court and our employers (three of us were still employed) expressing concerns of loss of man hours ti which she complied and adjourned it sine die (set aside for seven years and could be recalled if the arresting officer found new evidence). By this time there was no JFLAG or groups like that so apart from words of encouragement from some, and then a more proactive Jamaica AIDS Support, JAS we had to start all over again.

Malice, verbal abuse, homophobia in various forms and gossip punctuated my life for years so much so I relocated to Kingston; I then started by disc jock stint at the Club Entourage on Christmas Eve 1996 out on bail of course thanks to JFLAG co-founder Brian Williamson. Some family members have not spoken to me since while others have (re)connected over the years. My experience has taught me lots and gave me the resolve to being the person I am today despite losing some friends to murders, HIV related diseases and a slow progress to change in Jamaica. I’ll admit at times I feel near burnout but I use the rubber band technique and bounce back. You live and you learn I guess.

Thanks for your support over the years but the journey continue.

Peace & tolerance

H

New Kingston gangs embedded in homeless MSM/tans group 'worries' police

Here we are again this old familiar place where will this all end? and yet the tokenistic gestures continue from monied NGOs, so called concerned folks whose only interest it seems to to use the men in image propping optics.

WORRIES POLICE

A criminal group, known as the Shoemaker Gang, has been wreaking havoc in the New Kingston area for more than five years, stretching the policemen and women at the New Kingston Police Post to their limits.

The criminal activity has become an increasing nuisance over the past three years despite the police making an estimated 80 arrests.

Last month, 23-year-old Kemar Jones, alias Boobie, who is believed to be the deputy leader of the gang, was apprehended and subsequently jailed for two years after pleading guilty to the theft of a Samsung smartphone at the intersection of Holborn and Trafalgar roads.

Deputy Superintendent Christopher Murdock, who has been in charge of the New Kingston Police Post for more than three years, said that the problem is a challenging one because of the vast area that they have to cover to bring the criminals to book.

He explained that gang members who have been responsible for the robbery of items valued at millions of dollars, keep a close eye on the police's single patrol unit, and strike when it is out of range.

"It's not just in the immediate New Kingston area, they also work in the vicinity of Holborn and Ruthven Roads in the area of the Shoemaker Gully that runs all the way down to Medical Associates Hospital and into sections of Maxfield Avenue," he said.

"That is a wide area which makes people vulnerable when the patrol vehicle has moved on to other areas."

Murdock said the criminals target unsuspecting motorists and pedestrians, stealing smartphones, laptops, and jewellery.

This is the same Murdock who cleared the area in December 2014 much to the relief of many including LGBTians but it seems we have slipped back into the abyss on this one:

remember this?:

One police officer estimated that the gang has committed more than 250 robberies in the past five years which yield the gang members between $170,000 and $300,000 a month from their nefarious deeds.

Murdock said the robberies are committed mainly by men who masquerade as women selling sexual favours. He said some persons seek out these men for sexual favours and eventually become victims. These persons, he said, are reluctant to either report the crimes or assist in helping to dispose of cases in a timely manner by attending identification parades.

We have had MPs claiming interest, dancehall acts who ae washed up posing with persons and claiming they are helping when only a few do get some intervention compared the greater population, which is not only New Kingston but islandwide as they do migrate from time to time. Some of the atrocities are committed by other miscreants as they are aware who will get the blame as well which further complicates matters as to who are the guilty parties? 

The clashes with respective security guards at various locations and businesses nearby, the previous and continuing tense standoff with the Escape Club folks on Knutsford Boulevard is ongoing as some of the persons allegedly try to solicit sexual favours from patrons at the joint with death threats coming back in return and an alleged gun pulling incident earlier this year. 

What is next in this awful continuing saga, lord knows.

More anon

Peace & tolerance

H

also see:
Homeless gays return home ..says shelter promise not fulfilled

LGBT population image takes another blow ...... gay lovers held for lotto scamming

A lottery scam is a type of advance-fee fraud which begins with an unexpected email notification, phone call, or mailing (sometimes including a large check) explaining that "You have won!" a large sum of money in a lottery. Sadly because of associations and allegations of involvement involving gays or with some of our msm brethren it has had an impact on the credibility of the LGBT rights efforts and crisis reporting.

According to the Star:

The St Andrew North police raided a popular apartment complex along Constant Spring Road and arrested four homosexual men under the Lottery Scam Act, after lead sheets were allegedly unearthed from a bin.

Information reaching THE STAR is that the operation, which was conducted on December 25, was intelligence driven.

According to police reports, a bin inside their apartment was searched and the lead sheet was pulled from a pile of garbage. THE STAR also understands that the men chastised the police, claiming their Christmas cleaning was being disturbed.

THE STAR gathered that while the men were being interrogated they confessed to a certain lifestyle.

A source close to the investigation told our news team, "Two of them are brothers along with their significant other."

The men are to face the Corporate Area Resident Magistrate's Court soon.

The source also told THE STAR that at least two of the individuals committed the act while allegedly being on bail for a similar lottery scamming offence.

They were charged by the Constant Spring police and remain in custody.

ENDS

Supt Fitz Bailey

We have had to deal with the remnants of such accusations in the early 2000s with a damning sweep by Superintendent Fitz Bailey at the time of gays involvement; of which we have not recovered to date. 

Bebe in good times before he was murdered

Then associations with the late Kenrick 'Bebe' Stephenson and his connections to the ruling PNP govt as a local representative has only sought to cloud the issue with the very same PNP administration trying to distance itself from him even in death through its or I should say our National Security Minister Peter Bunting. 

If future arrests such as this continue and persons are found guilty it may very well continue to play into the hands of those who use this to promote homophobia and denial of LGBT rights as the two are inextricably linked.

Think on these things.

Peace & tolerance

H

also see:

LGBTQ image/credibility takes another hit ..

J-FLAG Welcomes JCF's Withdrawal Of Homo-Criminals Claim 2011

Stereotyping from the police .... 2011 

Fish, Foul Swimmer And Scammers ....... 2012

Apology Accepted JCF but some questions on several fronts still linger 2011

Peace & tolerance

H

Police profiling MSM & taking their phones!

Police profiling MSM & taking their phones!

So the police in Montego Bay have been carrying out a practice of taking phones from members of the public including men who make appear to be too dressy or indeed effeminate in a bid to address so called lotto scamming activities. The practice had become so widespread that persons ended up resorting to walking with cheaper phones so as to avoid the loss of high end phones due to so called police suspicion of lotto scamming even in the face of no other evidence to detain of question the persons suspected.

One such incident in a long line of them occurred in November and then December of last year where an altercation ensued as the young men who were going home from a party were stopped and searched in a rented car. A stereotype used to profile men travelling together is that they are part of a gay lotto scamming crew given the negative image left behind by the late Kenrick BeBe Stevenson’s legacy of being a lead scammer. Bleached skin, tight fitting clothing, holders of high end phones and rented or mid priced cars as high end cars are now seen as a dead giveaway of wealth and influence supposedly led by scammers. Only in the latter part of last year we saw the LGBT credibility in an item carried on CNN and the mention by the National Security Minister Peter Bunting of BeBe and the awful scourge.

see:

LGBTQ image/credibility takes another hit ..

The head of the western division of the police Steven McGregor speaking at a public meeting on January 15th made it very clear that the demanding of phones by cops is not part of the procedure to identify or reasons to detain and question suspects. He said he will see to it that the practice stops as phones should only be taken from persons once there is supporting evidence that requires further investigations such as the presence or discovery of lead sheets; then and only then the proper approaches and warrants properly explained to persons can be executed to pursue further to an arrest.

We have had this problem of cops stopping persons especially in the days of Club Heavens in Discovery Bay when after a party one can expect to be stopped along the Queens Highway for no apparent reason yet the car is searched, phones are taken and in extreme cases a bribe of payment is demanded. The officers tend to use the image stereotype aforementioned to exact their actions. A similar raid occurred in Red Hills only earlier this year when a house that had suspects was essentially invaded by plain clothes persons identifying as cops without a warrant; the house was searched and items taken despite no lead sheets or other obvious items such as laptops or devices with names etc.

While I understand that the practice must be stopped as it has only brought disrepute to Jamaica and our 876 code that even legitimate business process outsourcing outfits and call centers are having trouble carrying out legitimate business especially when the caller ID displays an 876 number. The LGBT populations was fingered before some years ago of having many scammers and there may be some truth to that then but some have either been forced to leave the practice by multiple arrests or moral suasion by community influentials especially after a certain murder that shocked many into some sensibility.

Cops seemingly preying on LGBT party goers is still happening surprisingly today as I still get reports of it happening as recent as over the Christmas holidays just ended outside of the rouge ones who try to shakedown persons. At one point persons were taken in to the police precinct in Half Way Tree but no arrests were forthcoming after some time interrogating the parties involved; persons were asked openly if they were dialers and why were they able to be so young and driving a car with no hard evidence of formal work or legitimate income in their eyes. I was only stopped once while travelling from the north coast in my travels from parties I service on the hotel scene as a DJ. I guess myself and my party did not match the stereotype of suspected lotto scammers with lavish lifestyles.

Let us not forget the tense moments with Superintendent Fitz Bailey in 2008 and allegations of gays in scamming with JFLAG being on a permanent defensive mode despite no proper evidence and a usual lack of credibility on all fronts which kinda started the image credibility problem we still face to this very day.

I hope the pronouncements by the goodly Superintendent are not only words yet the squaddie mentality persists and that cops found in breach will be dealt with.

Also see:

Alleged police harassment of gay party patrons a concern

Stereotyping from the police .....

Judge Not (Gleaner letter) 2011

Apology Accepted JCF but some questions on several fronts still linger 2011

Till next time

Peace & tolerance

H

Cops freed of corruption charges shakedown of gay men

In a followup up to a post of a case of an alleged shake down if not extortion I am so disappointed as when we need justice to be served it is thrown to the curve. At least in my buggery case in 1996 that ended in 1999 I stayed the course and fought it to the end in the form of a sine die adjournment.

see the previous entry here: Cops in $500k gays blackmail case mentioned in St Catherine court

Presently

Three police personnel who were answering to corruption charges in the Spanish Town Resident Magistrate's Court were freed due to the continuous absence of the complainant.

Those freed are Corporal Tyrone Harvey, Constable Lamore Small and Woman Constable Kerry-Ann Williams all from the Portmore Police Station.

When the matter came up before Resident Magistrate Jacqueline Wilcott, three were freed of the criminal charges.

Allegations are that on January 23, 2013, police were on patrol on a section of the Hellshire main road in St Catherine.

The complainants were observed in a motorcar in a secluded area.The police upon investigating saw two males in the vehicle. They were warned by the police about their actions.

The complainants later reported that the police had solicited $500,000 for them not to be prosecuted.

It was further reported that they were taken to an Automated Teller Machine, where over $20,000 was withdrawn and handed over to the cops.

A report was made to the (then Anti-Corruption Branch) and an investigation launched.

This resulted in the Director of Public Prosecutions ruling that the three be charged with corruption. The accused were defended by Peter Champanie and Sean Kinghorn.

I am really upset at this one, how can we stop this kind of thing from happening when there is no case to set the benchmark for same? Even as police are encouraged in LGBT training for new cops is ongoing.

also see: Cops urged to use diversity training to make a difference, but .. and see more posts from sister blog GLBTQ Jamaica on police harassment HERE (newer posts appear first so scroll to see archived entries.

also see a post involving Bebe: Discrimination by cops while carrying out duties ??? .......... 2012

Apology Accepted JCF but some questions on several fronts still linger 2011

Lesbian profiled & pepper sprayed by cops 2015

Hope that others will be bold to stick and stay with the case to gain true justice.

Peace & tolerance

H

So our displaced cannot settle eh? ....... police raid premises with cross dressers!

So our homeless are in problems again with the police as an address where they were allegedly staying in Kingston was raided earlier this month by cops who suspect the persons gathered were from the Shoemaker Gully residents who were removed from the area.

There is never a dull moment for our brothers and sisters at that level but the tokenism shown to them and sheer silence from more privileged LGBT advocates still is disturbing while JFLAG still drag their feet in addressing homeless as it ought to be dealt with. The repeated headlines with the population in a powerless position is just way too much these days.

With aspirational PR on social media glossing over the realities such as the opening of the Larry Chang shelter Facebook page and the Colour Pink Group candlelight vigil activities it amounts to very little real improvement in the lives of the population which is still growing islandwide. Just a cursory glance on the road especially at nights and the groups are visible not to mention the repeated 'please call me' requests by phone asking for some sort of help.

I have always been skeptical about the repeated announcements and PR yet no real follow up, case in point in 2013:

The last post I had done on this was: MP Seeks Solutions For Homeless Gay Youth In New Kingston in May and only months later this comes via the Star News:

After residents report suspicious activities

A raid conducted recently by members of a police team who swooped down on premises along Beechwood Avenue in Kingston unearthed a collection of female items from rooms populated by males and cross-dressers.

THE STAR understands that the men informed the police that they were rightful residents, as their rent was being paid for by JFLAG.

Information reaching our news team is that on Saturday, August 15, a property in the area was searched after the police were bombarded with reports of suspicious activities.

A source close to the operation told THE STAR, "We believe that the men and their associates, who once operated in the New Kingston gully, have relocated to this area and have been carrying out illegal activities, abusing residents, among other things."

THE STAR gathered that following the raid of premises, stolen phones, make-up, wigs, and a large quantity of female clothing and accessories were seized.

"It is clear that these are the same group that were operating in New Kingston", the source revealed.

Work as prostitutes

Our news team understands that each member of the group allegedly has a specific role to play in the organisation.

Investigators theorise that among the individuals are persons who work as prostitutes, those who rob and those who resell stolen items.

THE STAR was told that there are people who are victims of these crimes; however, they fail to report them.

The police are also of the belief that the crimes committed by these men have got more serious as they now destroy property and injure their victims.

Our news team was told that when the police sought to have the men removed from the location, they were told that a gay rights activist group, JFLAG, was responsible for their rent, which was being paid.

When THE STAR contacted Dane Lewis, executive director of JFLAG, he sought to shed some light on the issue.

He said, "Not so; if they were found there on a weekend. Last week when they were evicted from a previous premises, we had actually paid for a few nights there ... they just got evicted and there was impending rain..."

Lewis also noted, "JFLAG does not condone any illegal activity ... . Where any member of society falls ill with the law then the full measure of the law should be handed down..."

ENDS

Just days before on August 21 André Williams, STAR Writer also reported:

A man who allegedly went for a stroll in the New Kingston area recently was reportedly lured by a group of men posing as women, who held him against his will, tied him up, robbed, and raped him.
Information reaching THE WEEKEND STAR is that a team of officers attached to the St Andrew Central police division responded to a radio transmission of a robbery along Braemar Avenue on August 17, about 4 a.m.

Our news team gathered, however, that when the police arrived at the location, they discovered a man tied up with what appeared to be a rope at a gate.

Closer observation revealed that the man was nude with his hands and feet bound.

A source close to the investigation told THE WEEKEND STAR that the police assisted in setting the man loose before he was brought to the station to record his statement.

Reports are that the victim was on his way from work and saw a group of women soliciting sex.
It's alleged that he went to them and he was overpowered and tied up, but not before they robbed, stripped him of his clothes and took him to nearby bushes and began to sexually assault him.

The St Andrew Central police say they are investigating this incident, however, there may be other victims who may be embarrassed to come forward.

ENDS

Where will it end?

Peace & tolerance

H

Public Defender pleased with diversity training for police

Speaking at the Jamaica Constabulary Force diversity training workshop aka COMET, Community Empowerment Transformation Project (COMET II) at the Jewels Resort in Runaway Bay today Public Defender Arlene Harrison Henry commented on some concerns she has on the interactions between police and marginalized groups. She said it is timely for the force to participate in such activity and to reinforce policies that already exist.

She stressed that continuous training is required to remind individuals in varying professions for the need to maintain professionalism especially with marginalised groups.

"I regard this program and this training to provide greater sensitization of the police to the diversity of the Jamaican population and it includes a broad group of persons; to include women whose rights particularly in relation to matters of domestic violence over time we see the police being more engaged in matters of that nature and not merely treating it as a family matter." she said. 

"This training can only inure to improve services offered by the Jamaican Constabulary Force to the citizens of Jamaica," Ms Henry added sadly our same gender women in some recent cases cannot say that and as per usual launched initiatives, campaigns and trainings happen but implementation, continuation and monitoring has always been a challenge.

In as far as clash of rights from an LGBT standpoint where one journalist from NNN asked Ms Henry if some groups rights will supersede others, Miss Henry answered "I don't think it (LBGT populations) enjoys the rights that it ought to enjoy .........." she continued that there is continuous logging and recording of reports from various groups but she stressed the police has a duty under law to treat all citizens with dignity. She said that the Charter of Rights speaks to all persons owning their own rights and to preserve it for their families and future generations.

Some rights are absolute such the right to freedom or protection from torture when in police custody there is an absolute prohibition on any acts of torture while in the hands of the state.

She does not see a clash given the level of awareness and to guard such rights as applicable. "I come from a place that says that there is no room for discrimination, one against the other; we know that there are minority groups in Jamaica who may have a particular point of view; they have an entitlement to operate within that sphere."

She continued "That does not deny us our national identity; in other words by and large we are a heterosexual population but we must have respect for those who are not ..... it's a matter of engagement using set standards and principles that the state that we occupy on this island is shared in a way that each one is comfortable with the other; with mutual respect and dignity to all groups."

Ms Henry also spoke on camera on the matter:

The USAID COMET II workshop is in aid of supporting community based policing, sensitizing the force on issues to do with women & girls, people living with disabilities and members of the LGBT community. The workshop will run for four days June 12 -13 and again on 19 -20 all at the Jewel Paradise Cove Resort & Spa St Ann.

 Arlene Harrison Henry reviving the instruments of office from the Governor General January 16 becoming the first female to head the office

Ms Henry raised the following at the training sessions:

Earlier in May USAID announced the activity:

The United States Agency for International Development (USAID) is providing $330 million (US$3 million) in grant assistance to support targeted community activities under phase two of its Community Empowerment and Transformation Project (COMET II).

The Small Grants Program will provide direct funding support to community groups, faith-based organisations, non-governmental organisations (NGOs), and civil society organisations, to assist in strengthening local governance structures, and improving safety and security, particularly in volatile and vulnerable areas.

Provisions are also being earmarked to support the implementation of climate change adaptation activities, with focus on reducing the risk of disasters occurring, due to extreme weather patterns.

Three initial grants have been earmarked for allocation under the program. The first is $2.7 million to administer programs for “at risk” young people. The other two total just over $17.9 million to undertake youth and sports, skills trade, and vocational training programs.

While focus will be placed on providing support to the 25 communities where COMET II is being implemented, the small grants program will also be open for wider stakeholder participation, input, and benefit.

COMET II is $1.4 billion (US$13 million) community intervention initiative which USAID is implementing in the 25 communities across five parishes over the next five years, in partnership with the Government of Jamaica.

It is a continuation of work carried out under the program’s initial phase, between 2006 and 2013, in the 25 communities. These are among 100 communities targeted by the Planning Institute of Jamaica (PIOJ) for social interventions, under its Community Renewal Programme (CRP).

COMET’s overall aim supports the Government’s objectives and key aspects of the country’s Vision 2030 Jamaica National Development Plan, which seeks to position the island to achieve developed country status within 16 years and, in the process, making it the place of choice to live, work, raise families, and do business.

The COMET II Small Grants Program was formally launched by USAID Mission Director in Jamaica, Denise Herbol, during a ceremony. The occasion was also used to stage a climate change sensitisation session for participants attending the event, most of whom were from COMET II beneficiary communities.

In her remarks, Ms. Herbol said these engagements were “all about working with our communities and helping people.”

She noted that the extent of the USAID’s activities in Jamaica, over a number of years, has seen the agency establish a track record for promoting community safety and security; widening access to quality basic education; and increasing the resilience of targeted sectors, to climate change.

The Mission Director assured that under the USAID’s latest initiatives, “our emphasis remains an integrated approach to creating opportunities for secure livelihoods through a more cohesive, just, and healthy environment.”

In his remarks, Programme Director for the Planning Institute of Jamaica’s Community Renewal Programme (CRP), Charles Clayton, highlighted the importance of the COMET programme, particularly in complementing and assisting to advance work carried out under the CRP.

“The Community Renewal Programme is built on…partnerships…people working together in a coordinated way to bring about transformation in the (targeted) communities,” he stated.

Mr. Clayton pointed out that the COMET II programme focuses on such as security and safety, economic transformation, and the environment and climate change, offering, “(the) bridge that we all need…to re-unite our communities…and… make the changes that we need to see in our communities, to make a better Jamaica”.

Director of Governance at the Social Development Commission (SDC), Sherine Francis, said the COMET II grant programme and climate change sensitisation “signifies another important event towards advancing community development and building resilient communities.”

ENDS

Reminder of the Police's Diversity Policy

The Jamaica Constabulary Force believes that all citizens of Jamaica and visitors to its shores have a right to be treated with dignity and respect irrespective of who they are or the particular grouping to which they belong; through the Jamaica Constabulary Force policy on diversity the organization has strived to ensure fair treatment of all in its service delivery.

It is the policy of the Jamaica Constabulary Force that all reports from any individual or group be handled in a manner which reflects the highest level of professionalism in respects to human rights and dignity, this should be done with a view to portraying a professional image of the police and enhancing positive relationships between the wider community and the police service.

ENDS

Ms Henry has batted before at the crease several times prior to assuming the Public Defender's office leadership, one such memorable moment was with the now charged for perverting the course of justice one Reverend Al Miller:

and 

RJR's Beyond the Headlines host Dionne Jackson Miller had Arlene Harrison Henry on Human Rights Day 2012 on the the removal of language in the form of sexual orientation on the Summary Executions UN Resolution - On November 21, 2012, Jamaica voted against resolution A/C.3/67/L.36 at the United Nations condemning extra-judicial, summary or arbitrary executions which urges States “to investigate promptly and thoroughly all killings, including… all killings committed for any discriminatory reason, including sexual orientation.

Hope that the trickle down effect from this and what appears to be future training sessions will be evidenced in real terms during the police precinct customer service engagement and subsequent follow-up where required.

Peace and tolerance

UPDATE June 22

RUNAWAY BAY, St Ann -- With two weekends of training seminars completed, members of the Jamaica Constabulary Force (JCF) are expected to be more aware of the diverse groups in society and to better understand the safety and security issues facing them.

Fifty members of the JCF underwent two-day diversity training sessions at the Jewel Paradise Cove in St Ann over two weekends. Twenty-five members were trained in the first session with another 25 completed the training sessions yesterday.

The training sessions, which were held in partnership between the JCF and the USAID/COMET II project, saw the law enforcers being made aware of how to deal with vulnerable groups in carrying out their duties. The areas of focus were women and girls, people living with disabilities, marginalised youth and the Lesbian Gay Bisexual and Transgender (LGBT) community.

Guest speaker at the opening ceremony on Friday, June 12, Public Defender Arlene Harrison Henry, commended the JCF for the creation and implementation of its diversity policy. She also praised the USAID for working with the JCF to host the training sessions.

"One size does not necessarily fit all," she pointed out, insisting that every Jamaican had her own expectations and deserves equal treatment, and so the policy was a positive step in that direction.

Harrison Henry said that the Jamaican legal framework has been slow to recognise the increasing diversity in the population. She called on participants in the training seminars to make use of the training which will enhance their professional and technical skills and which allow them to carry out their duties conscientiously.

"As public servants, sometimes we have to stop and reflect on who is the public that we serve," she said.

She reminded the police that to serve and to protect was not only a moral duty but also a legal one.

Assistant Commissioner of Police Dr Gary Welsh said the training is not only for the Community Safety and security Branch but for the entire JCF. However, focus is placed on members of the Community Safety Branch (CSSB) because they interface with the public on a daily basis.

He said that the police diversity policy was rolled out in 2012.

"This training now helps to empower our officers to understand the training and how to use it as a tool in delivering service to our various groups. The persons who have been selected have been picked from all divisions across the country so that when they go back they will be the trainers," Bishop Welsh said.

Members from Respect Jamaica also participated in the sessions.

"We partnered with the USAID because we felt that this initiative is here to serve and protect and is dealing with a diverse group of Jamaicans. If they understand how to deal with each group then that will strengthen their ability to serve and protect," said Anna-Kim Robinson, programme manager of Respect Jamaica.

Donaree Muirhead, training coordinator and community policing coordinator with the USAID Comet II, encouraged members of the JCF to approach the training with open minds. She urged them to put away preconceived conceptions and be willing to share their views on situations so that they will leave the training with clarity.

She said the objectives of the training sessions included raising the awareness of the police as it pertains to the nuances of the diverse groups in society, to better understand the safety and security issues and challenges facing the diverse groups to increase the capacity of the CSSB to develop interventions that are inclusive or are specific to the needs of diverse groups, to enable the police to maintain professionalism in the discharge of duties, to treat with dignity and respect, uphold and preserve the human rights of all irrespective of who the individual is or to which group a person belongs.

The training facilitators were experienced and recognised persons who are leading voices for the diverse groups.

They included Rochelle McFee of WE Change; Taitu Heron, UN Women Jamaica Programme; Gloria Goffe, Combined Disabilities Association, and Miguel Williams, programme development Specialist at the Ministry of Youth and Culture.
H

Cops in $500k gays blackmail case mentioned in St Catherine court

This old cartoon from the Jamaica Observer's Clovis says it and then some about corruption in the force

One of two St Catherine gay men blackmail cases involving the police was heard in a Spanish Town court two days ago. I am all too familiar with some of the details emerging in this matter as my own November 1996 matter where myself and three other co-accused were in the wrong place at the wrong time in public where we were approached by cops who we subsequently found out were summoned by others on the site who thought we as males were involved in sexual activity, when no such evidence was there (apart from myself and my friend only dressed in our shorts as no sex was taking place) the cops decided to humiliate us by taking us to the nearest station and then to other precincts.

Then when the charges of gross indecency and buggery after the doctor’s examination were laid one of my co-accused was approached by individual cops to pay over a sum in exchange for making the charges disappear despite that the matter was scheduled for a preliminary hearing days after and the tabloids had our story splashed across their front pages. The success rate of such attempts is high I have since learned as persons choose to take the risk to avoid embarrassment and a charge sticking on their police records which can have an impact on job seeking or applying for tertiary education as well surprisingly at certain campuses.

I am only guessing what the two men involved in this current matter maybe thinking or feeling, thankfully they had the assistance of the corruption prevention agency to intervene and arrest the cops, in my case we had no such avenues for redress openly as such a case would have become material for humiliation and jokes by officers.

The cops accused in the present matter are Corporal Tyrone Harvey and Constables Lamore Small & Fabian Durrant of the Portmore police station allegations are that on January 27, 2013 at about 3:30am the policemen were on patrol along the Hellshire main road in the parish of St Catherine when they came into sight of what appeared to be two men in a compromising position in a car in a wooded area. The lawmen threatened to charge the men with gross indecency and demanded $500,000.00 to not arrest them, they were allegedly given a portion of the money and arrangements were made to collect the balance of the money. A report was made to the anti-corruption branch and following investigations the men were arrested, they were charged following a ruling by the Director of Public Prosecution, DPP. The case is to be mentioned today, I hope the men involved are prepared to go all the way with this one, we saw for example the University of Technology beating matter died in the water as the victim never turned up for court and then the guards accused were eventually freed for lack of prosecution.

The stronger charge of buggery apparently was not done as it seems a doctor’s examination was not done or as part of the deal the cops may have delayed that process to prove there was anal sex by one or both parties, usually the penetrator and not the ‘penetratee’ is charged with the stronger charge while the latter is left with a gross indecency one where a fine is usually the outcome once found guilty. The doctor’s report has to find certain things present such as the sphincter muscle being loose due to forced entry of some kind and spermatozoa cells possibly present in or around the anal orifice which can be problematic as some kinds of anal play via finger can also cause the transfer of such materials, a non-penile entry session where the hands of one partner can transfer unknowingly spermatozoa to another by simply touching the urethra (head of the penis) then to the anus or anal opening as such biological materials are invisible to the naked eye.

My case also benefitted from our stick-to-itiveness as we attended all hearing dates, made sure we were dressed appropriately, answered questions when asked by the judge(s) even in the face of humiliation and jokes made by some of them sadly but I understand the lack of interest after a time as our creaking court systems would make disillusionment set in easily when we are used to seeing court proceedings in other jurisdictions namely the US via cable moving much faster and judges with alacrity. Other blackmail allegations by police seem to have fizzled or died away or get drowned out by other more pressing matters that appear on the horizon hence the follow up or updates is shoddy.

A sine die adjournment (can be re-called up in 7 years if new evidence is found) or a full throw out may occur here seeing the charge cannot stick as the cops were caught. Adjournment sine die (from the Latin "without day") means "without assigning a day for a further meeting or hearing"

A word to the wise is sufficient as I had done when this case first broke, on my Facebook profile and in my main group GLBTQ Jamaica Chat I advised that while we cannot tell persons where to have their fun as outdoor sex is required sometimes for purposes of convenience and financial inability to rent a good hotel room persons need to be mindful where they go for not only police interference but possibility of robbery and murders. Only on Monday April 20th a reported matter in St Catherine also a gunman attempted to relieve a man of his laptop after he was seeking to connect to a free WIFI service, his friend was also present and they allegedly kissed prior to the miscreant’s arrival where he also used the blackmail strategy so as to gain material value illegally. The men managed to fight him off as it was soon discovered that the gun was not loaded based on the mannerisms of the attacker and his emphasis on bravado and loquaciousness than the apparent pain of murder. He rode off uttering threats that he will kill them next time, the matter was brought to the attention of the regular patrol corps that passes through the community. 

The accused are to return to court in two months time.

Think on these things.

Be safe out there brothers (and sisters as butch identified women also face some similar challenges)

Peace and tolerance

H