Young man jailed for breaching curfew

A 23-year-old man who had been granted bail after being charged with seven indictable offences, has been sentenced to prison for breaching a curfew ordered by the court.

“Keep the faith…God is good…You notice every little thing police ah run come for you, but God nah sleep…you’ll be out for your sister’s birthday…Less friends, you understand me,” Johnny Holder’s mother said, as she embraced her son, before he walked past her in handcuffs to spend both Christmas and New Year’s Day in prison.

Holder pleaded guilty that on December 2, 2023 and December 8, 2023 at Lowman’s Hill, he wilfully disobeyed court order SOC number 191/23, bail condition number three made by Chief Magistrate Rechanne Browne on November 6, 2023.

When Holder appeared before Browne, he had been charged with seven indictable offences and was granted bail in the sum of $20,000 with one surety. The bail conditions were that he was to have no contact with any of the virtual complainants. He was also placed on a curfew from 7 pm to 6 am.

Stop notices were placed at all ports of entry and exit. He was also required to surrender all travel documents and report to the Questelles Police Station between 6 am and 6 pm on Fridays. On Saturday, December 2, 2023 at about 10:20 pm, Corporal 134 Ballantyne received certain information and as a result, Ballantyne went to Holder’s home, but he was not there.

Ballantyne asked about his whereabouts but no one seemed to know anything. On Friday, December 8, about 8:40 pm, Cpl 45 Forde received certain information and as a result, he telephoned PC 297 Frederick who was out on duty in a transport.

Forde instructed Frederick to go to Holder’s home make sure he was there. When Frederick checked Holder’s home, Holder was not there. PC Frederick reported his findings to Cpl Forde upon his return to the police station. On Sunday, December 10, at about 6:50 pm, Cpl 45 Forde led a party of men to Holder’s home.

Upon their arrival, Cpl. Forde discovered that once again, Holder was not at home. Cpl Forde questioned Holder’s grandmother, Ann Rouse about Holder’s whereabouts and she told him he had gone by one “Maxwell”. Cpl Forde told Rouse that if the defendant was not at home by 7 pm, he would be in breach of the order of the court.

Rouse left the yard hurriedly, shouting her grandson’s name, and at about 6:58 pm, she returned with Holder. Cpl Forde then reminded him about the order of the court, pointed out the offence to him, cautioned him and questioned him as to why he had not been at home on December 2 and 8, 2023.

Holder responded: “I went hunting on the 2nd and on the second time the police come, I was in the house lock up. My girlfriend lock me in the house and went away”. Cpl Forde then arrested Holder and took him to the Questelles Police Station where he reminded him that he was still under caution.

Forde interviewed Holder, but he did not volunteer a statement. Forde carried out further investigations and subsequently charged him for the offences.

Lawyer Grant Connell pleaded with the Senior Magistrate that it was not necessary to impose a custodial sentence on the young man. Connell said “If it was a suspended sentence and he so stupid to break [it]” then, in that case, a custodial sentence may be appropriate.

But, John maintained that one cannot just “flout the order of the court”. Holder was sentenced to prison for three months for each offence, to run concurrently with each other.