A man awaiting sentencing for rape and other charges on Friday, for the second time in less than a month, pleaded with Justice Brian Cottle to visit His Majesty’s Prisons in Kingstown before his tenure ends on Wednesday.
On Friday, the man, Calvert Toney, renewed his plea that he first made to the judge on June 28.
Toney was slated to be sentenced on Friday but the sentencing was postponed because the court was yet to receive a social inquiry report.
Toney told the court that he is not comfortable about his health at the prison.
He said he was placed in a cell with 14 men, only two of whom do not smoke, although he had informed prison authorities that he does not smoke.
“Secondhand smoke is very damaging. It’s very bad for my health and nobody ain’t taking my matter serious,” Toney said.
“And dem is the one who share away Empire and tobacco for inmates,” he said, referring to a brand of cigarettes. “And it is very bad for my health.”
Toney, his voice apparently breaking, begged the judge to visit the prison.
“See where the inmates are sleeping,” he said and called the name of several cell blocks.
“Open the cell but before you go, I want you to walk with some facemasks and your staff. Please, because the scent that coming out the cell might affect you and I don’t want you affected.”
Toney said he does not know when the judge would visit.
“I know you have three days in office. I respect you. Please.”
The judge said that arrangements had been made for him to visit the prison.
Justice Cottle further told Toney that he did say that he would visit the prison and he would do so.
Toney said: “God always here for me and I wish you the best; I don’t wish you bad…”
He had earlier complained to the judge about prisoner officer Romano Toney, who he said had injured him sometime in the past, resulting in eight stitches to his hand.
“And, my life has been threatened since I went to prison,” Toney said, adding that he reported the issue to a senior prison officer.
He said that on Sunday, he and the prison officer “get in a problem but I didn’t want to get into any fighting for no report come here to spoil my thing”.
Toney said the Director of Public Prosecutions knows about the matter as it was “pending” at the Colonarie Police Station “and they never sent the file to the deputy commissioner of police”.
He said he had gone to the deputy police chief who told him that no one would be charged unless he got the file.
“… they were hiding the file, adding that he did not know if his sister was involved “because my sister and the PM real good.
“And I don’t know what they tell the DPP, the DPP nolle prosequi my matter.”
Toney said he had gone to the DPP’s office and asked about the case, adding that the DPP nolle prosequi the case although the officer had been threatening him.
“That is unfair to me. I want to know if that office is an independent office or an office with favour.”
After hearing Toney, the judge told him that the sentencing was adjourned to Monday.
“My lord, I want you to come and walk with some facemasks,” Toney said.
At the beginning of the hearing, the prosecutor, Crown Counsel Maria Jackson, told the court that she had not received a social inquiry report and could not indicate when one would be filed.
The prosecutor said that she had learnt that the social worker had interviewed certain people.
“That’s as much as I can say,” she told the court.
Toney did not have a lawyer.
Toney, who has a history of sexual offences was found guilty on June 7 of raping and assaulting the woman, causing actual bodily harm at Rabacca on March 2, 2020.
On June 28, Toney asked Justice Cottle to visit the prison to see the conditions that inmates were sleeping in.
“I want you to go to a cell called Star Class 1.”
Justice Cottle told him that he had not visited the prison for a while and would make it his business to visit.
Toney told Justice Cottle that the previous judge — Justice Richard Floyd — had visited and concluded that the prison was not fit for human habitation.
Is jail you are sir. Not a five star hotel 🙄