A Lower Questelles man was, on Wednesday, sent to jail after pleading guilty to a charge of possession of items suspected of being stolen or unlawfully obtained.
Winfield Sam, 34, was brought before Senior Magistrate Rickie Burnett at the Kingstown Magistrate Court after police arrested him about 12:20 p.m. on Monday, April 30, in Clare Valley.
Acting on information, police from the Questelles Police Station went to Merlene Hill, Clare Valley, where they met Sam pushing a wheelbarrow containing five speaker boxes, two electronic speakers and four tweeters, suspected by the police to be stolen or unlawfully obtained.
“Officer, ah found them,” Sam told police when asked about the origin of the items.
He, however, did not tell police where he found the items nor did he give a statement when cautioned.
Sam told the court that he saw the items somewhere for six to seven days before moving them.
He said that on seeing the items, he said “Wha!? Somebody eat ah food and leave them yah (here).”
His comment is a reference to someone having stolen the items.
Sam said a woman saw him moving the items and called the police.
The man, however, denied stealing the items, telling the court that since being deported to St. Vincent, he has been “doing little mango and tamarind hustle”, a reference to selling those fruits.
He told the court that he was going to dismantle the speaker boxes and sell the speakers.
However, the magistrate pointed out to Sam that he had a record of being involved in similar criminal activities.
“Record nah really say nothing. Jeremiah done talk about that,” he said, triggering a bout of giggling across the courtroom, with some persons seemingly hardly preventing themselves from erupting in outright laughter.
Asked who Jeremiah he was talking about, Sam said the one in the Bible.
Asked her position on sentencing, prosecutor Police Constable Corlene Samuel told the court that while Sam pleaded guilty, his record says a lot, and she recommended a custodial sentence.
The magistrate sentenced the man to four months in jail.
But Sam was not done with the court for the day.
He was immediately escorted to the Serious Offences Court, located on the upper floor of the court building.
He was taken before Chief Magistrate Rechanne Browne-Matthias at the Serious Offences Court, who had issued a bench warrant for him after he failed to turn up to court on April 30.
Sam had an appointment with that court in connection with a charge that, on Feb. 1, 2018 in Chateaubelair, he had in his possession 2,374 grammes (5.2 pounds) of cannabis with intent to supply to another.
The charge was put to him again on Wednesday and he again pleaded not guilty.
Trial on that matter was set for May 30.
STRANGER THAN FICTION.
From professional knowledge and practical experience, the function of the Police
is to arrest persons (i) …reasonably suspected of committing or about to commit a crime or
offence; (ii) …to charge where prima facie evidence is overwhelming.
The role of the Prosecutor is to present the case (a) …calling witnesses to
give evidence in chief; (b) …cross examine by defence and (c) …re-examine
by the prosecutor.
In the instant case only ‘…presentation of the facts and
antecedents’ were necessary.
In other jurisdictions, ‘…determination of punishment resides ‘ONLY’ with the adjudicating Magistrate.’
Unfortunately, in the instant case, the adjudicator appeared to have abdicated his
magisterial responsibility, thereby shifted it to the ‘…Prosecutor to make the determination on punishment.’
What if the prosecutor had recommended a ‘…Reprimand and Discharge?’