Senior Magistrate Rickie Burnett on Monday had to delay his verdict in the case in which a preacher, his wife, and their daughter are being tried for pouring hot water on a man.
Burnett was scheduled to hand down his verdict on Monday at the Kingstown Magistrate’s Court — exactly two years after the incident.
However, when the matter was called, he told defence counsel Kay Bacchus-Baptiste and Senior Prosecutor Adolphus Delplesche that he was unable to give his verdict as he had received one of the written closing submissions just before 9 a.m. that day.
When the trial ended in February, the magistrate had given both sides until March to make their submissions to the court.
On Monday, the magistrate further said that Bacchus-Baptiste had raised in her submission the issue of common purpose — also known as common design, joint enterprise, or joint criminal enterprise.
Wikipedia describes common purpose as a common law legal doctrine that imputes criminal liability to the participants in a criminal enterprise for all that results from that enterprise.
The magistrate said that the prosecution did not raise this in its submissions and he would like to give the Crown a chance to address that issue.
Bacchus-Baptiste said she expected the Crown to raise it because that is their case.
But the magistrate said that he thought that the two sides had exchanged submissions.
Bacchus-Baptiste said she did not get a chance to do so as she received the prosecution’s submission on Friday and submitted hers to the court on that day.
The defence would address the magistrate on the issue of common purpose on Thursday morning, and the court would then give further directions on when the verdict will be handed down.
Preacher and educator Nigel Morgan, his wife, Althia, an office clerk, and their 23-year-old daughter, Krystal, are charged that on April 9, 2016, at Hopewell, Mesopotamia, they unlawfully and maliciously inflicted grievous bodily harm upon Cuthbert “Mafia” Victory of Caruth Village, Mesopotamia.
After the court proceedings on Monday, Victory, a construction worker, mumbled about losing another day’s wage because of the court proceedings.
However, his father, Joseph Caesar, who has attended most, if not all of the court hearings, urged him to be patient, telling him, “Tek time kill ants, yo’ go find e belly”, a colloquial expression meaning that with patience what may seem like an impossible task can be accomplished.
“If you don’t have patience, you will kill one million ants and never find their stomach,” the father said in the Vincentian vernacular.
Read also:
- While Krystal Morgan’s parents — preacher and educator Nigel Morgan and office clerk Althia Morgan– were busy in the street trying to “heal” a villager of what they had diagnosed as a spiritual illness, their daughter was having a spiritual experience of her own in their house nearby. “I felt as if my soul left my body,” she told the Kingstown Magistrate court on Feb. 2.
- Star witness gives damning evidence against pastor’s family in hot water case
- Jesus’ blood couldn’t restrain man burnt by pastor’s family, lawyer says
- Pastor says pouring hot water on man was ‘spiritual warfare’
1. Justice delayed is justice denied.
2. Does anyone doubt that we now have a dysfunctional legal and juridical system far removed from the fair, efficient, impartial, and professional system we had during the so-called wicked colonial era?
This is about African tribal behaviour inflicting serious injuries on the enemies as punishment. This is whats known by PM Gonsalves as only working Obeah for the Lord.
You are quite right about dysfunctional legal and juridical system far removed from the fair, efficient, impartial, and professional system.
This matter should have been dealt with promptly.
Would you rather the Senior Magistrate had given his ruling on that day; and it be subject to appeal based on his pronouncements?
#rhetoricalquestion
1. Prosecutor’s office need some teething
2. Video not in evidence because witness emigrated before deposition. It is intetesting to find out the timefrfame between the release of the video publically and the date of emigration.
Wikipedia is not a credible source, much less for a legal definition. Black’s Law Dictionary will be a worthwhile investment, for court reportings.
Would you rather he had gave his ruling and it be subject to appeal?
#rhetoricalquestion
I fear that this poor young man will not get Justice .This late submission thing is a form of delay so by the time it gets back to Court not much notice will taken of the evidence that was presented so long before the case was adjourned.
I been there done and have the Tee shirt and receipts of what my Case Cost were and guess what I won my Case and got Jack shit.
I surmise when all is said and done, the conviction would be reduced by statements such as he is a first time offender my honour, he never broken the law Better yet, Mr. Morgan has church congregation to look after or he has young underaged children to take care of . Just like the reasons given in mitigation for Collin Coco Brown, he is the father of two young children. Vince laywer, do they work in prison? Is it cumpulsory that they hage a part of their rehabilitation?
I am smiling as I read your comments totally understanding your questioning of the “mitigation” a lawyer gives on behalf of his/her before sentencing. However, you can not be upset or angered by the traditional statements such as antecedents (convictions before the court), references to age, children etc. It is what a lawyer is hired to do. My job was, if convicted, to present relevant and truthful information in my client’s mitigation, with the hope that it will lessen his/her sentence.
What I do have a problem with is, if a lawyer knowingly and intentionally tries to persuade the court with information that is known to be untrue during mitigation. Let me be clear! I am not accusing any lawyer of doing such but it will amount to a violation of the code of ethics and our duties as officers of the court.
As it relates to prison, there are jobs that the prisoners do engage in. Recent documentaries reveal that prisoners are making mats, taking mechanic classes etc. I do not know if it is compulsory but I do know that some of my past clients have had jobs when imprisoned.
Personally, I will encourage anyone incarcerated to learn as much as they can while imprisoned so that such training and skills will aid their rehabilitation transition back into society upon departure.
Right on point with that response….. I need a business card for when I start my business enterprises there.
Sorry bud, you will never get justice for this atrocity. Sometimes you have to believe in an eye for an eye.