Last laugh
Lawyer says R Hotel prosecution a waste of time as Green, others cleared by DPP
Published:Monday | January 31, 2022 | 12:09 AMKimone Francis - Senior Staff Reporter
Attorney-at-law representing the R Hotel in New Kingston, Peter Champagnie, is suggesting that if charges are preferred against his client for breaches of the Disaster Risk Management Act (DRMA), they are likely to amount to nothing.
R Hotel is operated by Renfrew Management Limited, whose chief executive officer is Joseph Bogdanovich Jr.
Champagnie was responding to the legal opinion of Director of Public Prosecutions (DPP) Paula Llewellyn, which was submitted to the police on Friday with regard to alleged breaches of the DRMA involving then Agriculture Minister Floyd Green; Mona Division Councillor Andrew Bellamy; director of enforcement and compliance at the National Solid Waste Management Authority, Dave Powell; and Gabriel Hylton last September.
The DPP ruled that no charges be laid against the four, who were captured on video among a group of people at a birthday party at the hotel toasting to a no-movement day last September.
No-movement days were implemented by the Government last year to curtail the spread of COVID-19.
On Friday, Llewellyn recommended that charges “may” be preferred against the hotel for breaching the Ministry of Tourism's COVID-19 protocols, which fall under the DRMA.
The DPP said the hotel facilitated a breach of the gathering limit of 10 when it allowed 19 people to congregate at a table.
But in a Gleaner interview on Sunday, following the release of the document to the media, Champagnie argued that prosecutors are likely to encounter challenges if charges are laid.
“I don't know what useful purpose would be served from seeking to possibly pursue any prosecution under the subsidiary legislation,” Champagnie charged.
He said the prosecution is likely to rely heavily on video footage, which will present some challenges.
“I foresee a lot of legal issues and some have been mentioned in the opinion. But to suggest that the hotel may be charged, I don't share that view at all certainly based on my own view of the matter,” he said.
“It's not been unheard of where there have been suggestions or putting forward an arguable case for the prosecution of an entity or an individual by the Office of the DPP and it is pursued and it is not successful for various reasons. A trial is dynamic. It depends on witnesses and a number of other things that would not be captured at the relevant time when an opinion is given.”
At the same time, the lawyer was swift to point out that the legal opinion was not sought on his client but on the four persons aforementioned.
Deputy Commissioner of Police Fitz Bailey said the police would study Llewellyn's opinion on the viability of prosecuting the hotel.
The DPP said both Green, who resigned from his portfolio as agriculture minister when the video surfaced, and Bellamy were exempted under the DRMA as holders of public office.
Bellamy resigned from the board of the South East Regional Health Authority and several Kingston and St Andrew Municipal Corporation committees amid public backlash.
Holders of public office were previously exempted under the DRMA on the basis that they were carrying out their duties. This was subsequently amended to remove any limitation on their movements.
Green resigned shortly after the video became viral but was reappointed to the Cabinet as a minister without portfolio earlier this month.
Llewellyn said while no proof was offered that Powell was employed to the NSWMA at the purported time the event occurred, he told investigators that this was the case.
“If he is so employed to the National Solid Waste Management, the issue arises whether he would also benefit from full exemption to the restrictions regarding movement during the curfew hours,” Llewellyn said.
She noted that the DRMA allows for the exemption for any person employed in a service concerning the provision of public works and sanitation.
In the case of Hylton, the DPP said there was no material provided to her office that proved that she left her house on September 14.
“The footage of the lobby shows a lady dressed in a white dress entering this area from an internal door. This person is not seen entering through the front door of the premises nor leaving through this door for the duration of the footage. In this regard, a video that depicts a person physically present at a location does not assist in deciding as to when this person arrived at the location,” said Llewellyn.
She said efforts must be made to locate the remaining 15 people present in the video, though no criminal charges can be laid unless it is proven that they disobeyed the no-movement orders, which were in effect on September 14.
“The same principles as are applicable to Ms Hylton would be applicable to them,” Llewellyn said.
However, public commentator Judith Wedderburn said the conclusion of the DPP with respect to the law reinforces the view and experience of many that there are two Jamaicas.
“It does send the message that the law, as crafted by politicians and approved in the House, enforces the view of many in the population that there is more than one Jamaica. It also says [the majority] of Jamaicans are not entitled to the same legal entitlements,” she said.