Popcaan’s attorney suggests disparity between dancehall and soca events

One of the attorneys representing entertainer Popcaan, Matthew Hyatt, in his submission before the St Thomas parish court yesterday said there is a vast inequality between soca and dancehall events.

Popcaan, whose given name is Andre Sutherland, was dragged before the court in his native parish to answer to several charges stemming from the staging of Unruly Fest on December 23, 2023, at Phillips Field Sports Complex in Yallahs.

The ‘Unruly Boss’ pleaded guilty to four of five charges to include using indecent language, disorderly conduct, using abusive and calumnious language, and issuing a threat to police officers. The entertainer will have to return to court on February 9, when the Crown will decide on the breaches of the Noise Abatement Act count as the permit for the event was not granted in his name.

Hyatt told presiding parish judge, Sanchia Burrell that his client was merely a performer at the event and emotions ran wild on the night. He also told the court that he did not see where reggae and dancehall events got the same leverage as other events and singled out soca.

“There is a disparity where we see soca events held for several hours,” Hyatt said.

He said his client and others are not allowed to exercise their performing rights and cultural expressions, even pointing to not having suitable venues. The court heard that the entertainer told the lawmen, “Unuh can’t do me nothing hungry belly [expletive]…Go [expletive].”

“Move unuh [expletive] from ya so … A kill man fi kill some of unuh,” the prosecution said of the threats also made to the police.

REPRIMANDED BY JUDGE

The entertainer chuckled in the prisoner’s dock but was quickly reprimanded by the judge.

“Mr Sutherland, what’s the joke?”

“Nothing,” Popcaan responded before correctly saying “Your Honour”.

Soon after, Hyatt said, “Even the badword [expletive] ...They have a [expletive] festival in Europe.”

Parish Judge Burrell asked if that was so, and Hyatt responded in the affirmative and asked that the court consider his submissions.

“I place the value on your mitigation … however, your submissions (relating to venues and duration of events) need to be made elsewhere … the offences in and of themselves don’t generally fall in high-profile cases …” Parish Judge Burrell said.

Burrell told the court that it was very unfortunate that the maximum fine under the Town and Communities Act was $2,000. “Fifty per cent of $2,000 is $1,000” the parish judge remarked.

The 50 per cent discount was considered because the entertainer pleaded guilty the first time of asking on his first appearance before the court.

However, the judge said that he would only get a 25 per cent discount because of his celebrity status.

“I’m not here to cast moral judgement on him…I’m not going to give 50 per cent discount. I’m going to give him 25 per cent,” parish judge Burrell said.

He was fined $1,500 or 10 days’ imprisonment on each of the four counts.

“The sentences are to run concurrently. You are bound over to be here on February 9 in the Yallahs Court. The Crown is to advise itself on Subsection 6 of Section 5 of the Noise Abatement Act,” Burrell told the entertainer.

Unruly Fest returned to Yallahs in the parish after a two-year hiatus.

The event ended abruptly at 4:55 a.m. following police intervention in the middle of a slew of performances. It is understood that the show time ran longer than it was permitted to and according to police, who made their way to the stage, was to end at 4 a.m.

andre.williams@gleanerjm.com