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
Magistrate Pompey recuses himself from Exeter case
News
June 21, 2016

Magistrate Pompey recuses himself from Exeter case

Magistrate Bertie Pompey has recused himself from hearing a case in which politician Benjamin Exeter and student Shabazaah George are charged with assault and resisting arrest; and obstruction and possession of an offensive weapon respectively.

The decision came yesterday at the Kingstown Magistrate’s Court, following an application by defence lawyer Kay Bacchus-Browne for Pompey to excuse himself from making a decision{{more}} in the matter because of real or apparent bias.

Bacchus-Browne, in her application, said the defendants are “deeply concerned” about what transpired in the case towards the end of the trial on June 6, which have “grave and serious implications in relation to the fairness of the trial.”

The attorney said during the trial, Pompey overruled a salient objection that she had made and permitted one of the prosecution witnesses ASP Hazelwood to give “inadmissible and irrelevant evidence” in relation to the offence of “breach of the peace.”

Bacchus-Browne argued that Pompey had erroneously stated that Exeter had been charged with breaching the peace and gave evidence to that effect from the bench.

“No one had given that evidence before. Also this shows you had arrived at a conclusion of fact before the police had closed their case and even before the defence opened its case. The defence is alarmed that you made this conclusive finding of fact before the end of the prosecution and before even hearing the defence.”

The experienced attorney also claimed that Pompey appeared to be assisting the Assistant Director of Public Prosecutions (DPP) Colin John in his “attempt to get inadmissible evidence on the record relating to this non-existent charge.”

In her application, Bacchus-Browne said the defence realizes that Pompey, the assistant DPP and the witnesses all served in the police force together for over 100 years collectively and “the fact that the only evidence against the defendants is police evidence.”

Pompey, a retired deputy commissioner of police, was appointed magistrate on April 29, 2016.

She said the charges against Exeter and George are classic police charges of assault, resisting arrest and obstruction of a police officer.

According to Bacchus-Browne, it appeared that “justice would not seem to be served with a police magistrate, a police prosecutor and only police witnesses.

“I also note with concern that none of the exchanges re my objections to the inadmissible evidence regarding the breach of the peace, or your comments in response appear on the copy of your notes which I requested, so that on any appeal, there will be no evidence to support a ground of appeal of bias,” the application said.

Bacchus-Browne, however, made it clear that she is not asking the magistrate to stand down in order to get a magistrate that would rule in her clients’ favour.

Instead, she held that the general public must feel that justice is served, adding that comments made by the magistrate caused doubt in his ability to try a matter in an objective manner.

The acting DPP, in his rebuttal, stated that Pompey did not overrule a salient objection.

“According to my recollection, the reason you gave for overruling the objection is that the evidence must come freely from Hazelwood,” he said.

John said that although the defence holds that there is no charge of breach of the peace, there is evidence that it occurred. He then referred to evidence that Exeter had breached the human barricade set up by police.

The assistant DPP stated that the test that the magistrate must face is if an observer would perceive bias, adding that the magistrate should make his decision based on that.

John argued that no relative of the magistrate is involved in the case, nor is there political bias, the usual factors where bias is presumed.

Bacchus-Browne, in rebuttal, said former chief magistrate Sonya Young had recused herself on “much less basis,” to which the assistant DPP held that in that case, Young’s brother was associated with the accused.

John submitted that Pompey should not recuse himself based on his former occupation, as any number of officers who had served with him could be called to court at any time.

However, Bacchus-Browne argued that she is not questioning Pompey’s integrity; her application is based on comments he made earlier during the case.

“We’re asking your honour to do the honourable thing in this case,” the lawyer said, noting that she knows that the magistrate wants to do what is right.

Pompey, in response, stated that counsel may have misinterpreted what he said, noting he did not agree with the prosecutor in saying there was a breach of the peace.

Bacchus-Browne interrupted, telling the magistrate that he had made a finding and cannot continue to hear the matter.

Pompey refuted statements that he is “police magistrate,” adding that all ties he had to the constabulary are severed and that he has been retired for five years.

The magistrate also commented that it was unfortunate that he heard news of the application for him to recuse himself through the local media.

He then stated that he would recuse himself.

Following Pompey’s decision, Bacchus-Browne said she was very satisfied with Pompey’s decision, stating that it very important that the public believe that justice was seen to be done.

Bacchus-Browne said that another magistrate would have to hear the matter and they would have to start over, but she is ready and waiting.

The assistant DPP, however, stated that he believed that Pompey could have delivered an unbiased decision, but he has to abide by his ruling.

“I just hope that which-ever magistrate, the same frivolous and well, stupid, in my opinion, allegation is not made, because St Vincent is a small place. Several magistrates, you can always find some reason to affiliate one magistrate to something. If it goes before the Chief Magistrate, the argument can be made that she is the sister of Luke Browne; if it goes before Zoila Ellis, the allegation can be made that she is Mike Browne’s … wife,” he added.

John said that he believes there is sufficient evidence to convict Exeter and George and he is looking forward to the completion of the matter. (AS)

  • FacebookComments
  • ALSO IN THE NEWS
    Villa woman in  hospital after being stabbed over 20 times
    Front Page
    Villa woman in hospital after being stabbed over 20 times
    Webmaster 
    September 9, 2025
    Police are said to be carrying out investigations into the stabbing of Rafia Sardine, a 20-year-old female of Villa. Reports are that Sardine, a FLOW ...
    RSVGPF most hacked of gov’t agencies
    Front Page
    RSVGPF most hacked of gov’t agencies
    Webmaster 
    September 9, 2025
    In St Vincent and the Grenadines (SVG), an analysis has found that the most hacked government entity was the Royal St Vincent and the Grenadines Polic...
    Event staged locally to mark Africa/ Caricom Day
    Front Page
    Event staged locally to mark Africa/ Caricom Day
    Webmaster 
    September 9, 2025
    Leaders of Governments and institutions from countries of the Caribbean Community (CARICOM), and the continent of Africa, gathered at the weekend for ...
    PM, proud of his constituents
    Front Page
    PM, proud of his constituents
    Webmaster 
    September 9, 2025
    Prime Minister, Dr Ralph Gonsalves, is proud of the persons in his constituency who continue to aim for higher education. Dr Gonsalves is the parliame...
    Van conductor to be sentenced for beating pregnant ex-girlfriend
    Front Page
    Van conductor to be sentenced for beating pregnant ex-girlfriend
    Webmaster 
    September 9, 2025
    A van conductor, who beat his five- months pregnant ex-girlfriend after she refused to get back with him, has been remanded pending sentencing. Onez J...
    King selected again for the ULP in West St George
    News
    King selected again for the ULP in West St George
    Webmaster 
    September 9, 2025
    To the haunting timeless reggae melody of Jimmy Cliff’s classic ‘Journey’, Curtis King, who was selected as the candidate for the Unity Labour Party (...
    News
    King selected again for the ULP in West St George
    News
    King selected again for the ULP in West St George
    Webmaster 
    September 9, 2025
    To the haunting timeless reggae melody of Jimmy Cliff’s classic ‘Journey’, Curtis King, who was selected as the candidate for the Unity Labour Party (...
    Steel wielding Lowman’s Hill man to be sentenced tomorrow
    From the Courts, News
    Steel wielding Lowman’s Hill man to be sentenced tomorrow
    Webmaster 
    September 9, 2025
    A Lowman’s Hill man who struck another villager in his head with a piece of steel will know his fate tomorrow, September 10, 2025. Kevin Roberts, 25, ...
    Minister of Information Technology  emphasises the importance of Cybersecurity
    News
    Minister of Information Technology emphasises the importance of Cybersecurity
    Webmaster 
    September 5, 2025
    Robust cybersecurity must be at the heart of the digital transformation that is currently taking place in St Vincent and the Grenadines (SVG) says Min...
    Entities team up to boost disaster communication capacity
    News
    Entities team up to boost disaster communication capacity
    Webmaster 
    September 5, 2025
    The Climate Change Resilience Network (CCRN) in collaboration with the Youlou Radio Movement (YRM) recently embarked on a disaster preparedness initia...
    Ministry of Health to get more dialysis machines
    News
    Ministry of Health to get more dialysis machines
    Webmaster 
    September 5, 2025
    The Ministry of Health, Wellness and the Environment, is to obtain three more Heamodialysis machines as part of the revolution in the healthcare secto...

    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