A Barrouallie man, last Wednesday, needed some persuasion to plead not guilty to a charge of stealing a pair of handcuffs from police.
After hearing Elson Gloster’s explanation at the Kingstown Magistrate’s Court, Senior Magistrate Rickie Burnett told the man that he should change his plea to not guilty.
However, Gloster maintained that he was guilty of the charge.
Gloster had also appeared in court on a charge of stealing a Puma bag.
The facts of the case are that on June 11, about 11:10 p.m., police on patrol in Kingstown saw Gloster with a black and grey Puma-branded bag.
Police were seeking Gloster in connection with another matter and arrested him, placed him in handcuffs and put him to sit in the pan of a police pickup.
Gloster jumped out of the pick up and ran with the handcuffs on his hands, and police were unsuccessful in their attempts to catch him.
Later that day, someone lodged a report with police about a stolen black and grey Puma bag.
On July 7, police arrested Gloster, who told them he had bought the bag in Paul’s Avenue for $3.
Police charged him with theft of the bag and the handcuffs.
Gloster told the court that he did not steal the handcuffs, adding that they had not been tightened and slipped off after he ran from police.
“I am telling you, based on what you are saying, I should hear the matter. But you want to get out of here,” the magistrate told Gloster.
At this point, lawyer Vynnette Frederick, who was at the bar table but was not involved in the case, told Gloster, “Hello, you are not guilty.”
He then decided to change his plea to not guilty.
Gloster was granted bail in the sum of EC$500 with one surety.
He was ordered to return to court on Sept. 9, for trial.
MOCKERY OF LAW – TOTAL EMBARRASSMENT
The Police had clearly made ‘…Mockery of Law’ with ‘…Total Embarrassment’ to themselves.
It was clear that Senior Magistrate Rickie Burnett was not amused with the charge of stealing.
Thanks to the ‘…pro bono intervention’ by the attorney as well.
Even so power always resides with the Senior Magistrate to enter on the defendant’s behalf a ‘…Not Guilty Plea.’
The defendant never ‘…Takes and carries away anything capable on being stolen; …Without the consent of the owner; and …With intent at the time of such taking , permanently to deprive the owner thereof,’ (critical elements in stealing/larceny).
Here is where the officers, with ‘…apparent gross negligence,’ affixed a pair of handcuffs loosely on the defendant’s wrists, yet in making his escape, was still able to outrun them.
The officers concerned ‘…shall have been standing before a Trial officer in the Orderly Room’ for
(i) ‘…Neglecting Duty; and
(ii) …Loss of Government property.’
Seems that Commissioner Collin John now have some ‘…Mode of Arrest’ issues to deal with.