Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Case against Senator Frederick is an abuse of process – Defence lawyer
Front Page
November 15, 2013

Case against Senator Frederick is an abuse of process – Defence lawyer

When the case involving Opposition New Democratic Party (NDP) Senator Vynnette Frederick came up for hearing on Wednesday, it was adjourned to November 25, without the substantive matter being heard. {{more}}

However, according to Andrew Pilgrim, one of Frederick’s attorneys, when the case resumes in two weeks’ time, that should be the day that the magistrate makes a ruling on the matter.

When the parties appeared in court on Wednesday, at the Georgetown Magistrate’s Court, the prosecution failed in its attempt to secure an adjournment in the matter.

Magistrate Rickie Burnett denied the application based on the grounds that both parties had initially agreed upon the date mentioned.

He however adjourned the day’s proceedings to 1 p.m.

When the case resumed, Assistant Director of Public Prosecutions Colin John said that four prosecution witnesses were present, and while he was prepared for the trial to go on, he was asking that the court’s proceedings be suspended, until an appeal, which had been filed, had been heard.

The defence claimed however, that the appeal that had been filed was contrary to what they had been hearing before and that they were not aware of an appeal that had been filed. They subsequently made a written submission, providing copies to the prosecution and magistrate.

In their submission, the defence made two points – the first being that it was unlawful to have someone stand trial for charges for which they were previously acquitted and the second that the case was an abuse of process.

Defence counsel Keith Scotland, in presenting the submission to the court, explained that it was important for the submission to be taken into consideration.

He further detailed the charges and dates they were brought against Frederick, saying that “If a person who has been tried in a court of proper jurisdiction and has been acquitted or convicted, while such decision cannot be reversed or set aside, the person shall not be liable to be tried again for the same offence.”

Scotland explained that the defence had analysed the charges, and after careful examination, concluded that the charges brought in April and those after Frederick’s re-arrest amounted to the same charges.

“We say that if the test is, are the charges the same or similar? The response would have to be yes, and under those circumstances, the accused was already acquitted of the said charges,” Scotland told the court.

“And if the charges are the same, then they cannot be brought back again,” he continued.

“And this is what the prosecution is seeking to do.”

In relation to the claim of abuse of process, Scotland, a Trinidadian, argued that the matters were not founded on any new evidence.

“The July charges, they are founded on the same facts as the April charges and to proceed on these charges will in effect lead to an abuse of power,” he argued.

Earlier this year, in July, Frederick was slapped with nine charges, hours after she was cleared of six criminal charges at the Kingstown Magistrate’s Court.

The first six of the nine new charges were brought under Section 96 of the Criminal Code, Chapter 171 of the Revised Edition of the Laws of SVG 2009, and are similar to the six she faced previously, except that they now include particulars.

The first two charges are that she made a false declaration and swore falsely to a private criminal complaint on January 10, 2011, before Chief Magistrate Sonya Young that “On Sunday, August 29, 2010, at Park Hill the Honourable Prime Minister Dr. Ralph E. Gonsalves said of and concerning me among other things that my father Bayliss Frederick send me away as a girl and I came back as a boy”, under circumstances that the false declaration, if committed in a judicial proceeding would have amounted to perjury.

She was further charged that she made a false declaration and swore falsely on May 23, 2012, before Faye James, a person authorised to take a declaration, to wit, “I listened to the tape and when the Honourable Prime Minister Ralph Gonsalves made the comments I heard the persons in attendance shouting the words ‘lesbian’, she love woman amongst other things,” under circumstances that the false declaration, if committed in judicial proceeding would have amounted to perjury.

She was further charged that on June 16, 2011, she made a false declaration and swore falsely before Miss Faye James, a person authorised to take a declaration, to wit, “What is more troubling, is that during the period of a pregnant pause members of the electorate who attended the political meeting where the words said, stated and shouted lesbian”, under the circumstances that the false declaration, if committed in a judicial proceeding would have amounted to perjury.

The senator now also faces three new charges.

The first states that on January 10, 2011, at Kingstown and within the first magisterial district, with intent to mislead the court, she fabricated evidence to wit, “by swearing to a statement before Sonya Young, Chief Magistrate”, saying “On Sunday, August 29, 2010, at Park Hill, the Honourable Prime Minister, Dr Ralph E. Gonsalves said of and concerning me among other things, that my father Bayliss Frederick send me away as a girl and I came back as a boy.”

She is also charged, that on May 23, 2012, she fabricated evidence to wit, “by swearing before Mrs Faye James, saying, “I listen to the tape and when the Honourable Prime Minister Ralph Gonsalves made the comment, I head persons in attendance shouting the words ‘lesbian’, she love woman, amongst other things.”

The ninth charge is that on June 16, 2011, with intent to mislead the court, Frederick fabricated evidence by swearing to an affidavit before Faye James saying, “What is more troubling is that during the period of a pregnant pause, members of the Electorate who attended the political meeting where the words were said, stated and shouted out ‘lesbian’.”

The last three charges were brought under section 101(a) of the Criminal Code, Chapter 171 of the laws of SVG 2009.

Burnett had dismissed the six charges Frederick had initially faced, ruling in favour of an application by Frederick’s attorneys Keith Scotland and Andrew Pilgrim that the charges their client faced, lacked particulars and details.

But shortly after she was released by the court, police officers from the Criminal Investigations Department and Special Services Unit re-arrested Frederick while she was having lunch with her family, attorneys and friends at the Oleander Restaurant at Rose Place, Kingstown. (DD)

  • FacebookComments
  • ALSO IN THE NEWS
    Ottley Hall resident charged with grabbing woman’s buttocks
    News
    Ottley Hall resident charged with grabbing woman’s buttocks
    Jada 
    November 7, 2025
    An Ottley Hall man, who has been committed to the Mental Health Center for over three weeks of observation, was charged with grabbing a woman's buttoc...
    Police investigates fire reported at Kingstown Building
    Press Release
    Police investigates fire reported at Kingstown Building
    Jada 
    November 7, 2025
    At approximately 6:00 p.m. on Wednesday November 5, 2025, the Royal Saint Vincent and the Grenadines Police Force (RSVGPF) Fire Brigade responded to a...
    Police investigates homicide in Akers
    Press Release
    Police investigates homicide in Akers
    Jada 
    November 7, 2025
    November 7, 2025 – Kingstown: The Royal Saint Vincent and the Grenadines Police Force has launched an investigation into the circumstances surrounding...
    KFC SVG Celebrates 10 Years of Continuing a Legacy
    Press Release
    KFC SVG Celebrates 10 Years of Continuing a Legacy
    Webmaster 
    November 7, 2025
    This November marks a special milestone for KFC St. Vincent & the Grenadines; 10 years since the iconic brand returned to Kingstown, reigniting a thre...
    ULP, NDP sign Code  agreeing to peaceful,  fair General Elections
    Front Page
    ULP, NDP sign Code agreeing to peaceful, fair General Elections
    Webmaster 
    November 7, 2025
    The Unity Labour Party (ULP), and New Democratic Party(NDP), have signed the General Elections Code of Conduct agreeing to keep the peace in the run-u...
    Monday, is  Nomination Day in SVG
    Front Page
    Monday, is Nomination Day in SVG
    Webmaster 
    November 7, 2025
    Candidates who will be contesting the November 27, 2025 general elections in St Vincent and the Grenadines (SVG), will hand in their nomination papers...
    News
    Ottley Hall resident charged with grabbing woman’s buttocks
    News
    Ottley Hall resident charged with grabbing woman’s buttocks
    Jada 
    November 7, 2025
    An Ottley Hall man, who has been committed to the Mental Health Center for over three weeks of observation, was charged with grabbing a woman's buttoc...
    Duo charged with multiple offenses
    From the Courts, News
    Duo charged with multiple offenses
    Webmaster 
    November 7, 2025
    Two young men who have been charged for allegedly attacks against a police officer and use of indecent language pled not guilty when they appeared sep...
    Participants ready to make use of Financial literacy training
    News
    Participants ready to make use of Financial literacy training
    Webmaster 
    November 7, 2025
    Persons who attended a two-day Financial Literacy workshop for Micro, Small and Medium Enterprises (MSMEs) organised by the Centre for Enterprise Deve...
    ULP new candidates blaming government for constituency failures, says Dr Friday
    News
    ULP new candidates blaming government for constituency failures, says Dr Friday
    Webmaster 
    November 7, 2025
    Leader of the New Democratic Party (NDP), Dr. Godwin Friday said first time candidates of the Unity Labour Party (ULP) are distancing themselves from ...
    World Paediatrics do life-changing surgeries on 17 children at MCMH this week
    News
    World Paediatrics do life-changing surgeries on 17 children at MCMH this week
    Webmaster 
    November 7, 2025
    This week saw 17 children from across the Eastern Caribbean (EC) and Barbados receive life altering surgeries that mark the beginning of new chapters ...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok