G2023 | The Year in the courts – The gavel falls

The past year bore witness to a myriad of courtroom dramas, legal intricacies, and precedent-setting decisions that collectively wove the tapestry of justice. From landmark trials that captured headlines to the subtle shifts in legal precedent, the court proceedings of 2023 stand as a testament to the ever-evolving nature of our legal system.

In this review, we embark on a journey through the twists and turns of the legal landscape, exploring the pivotal cases, emerging trends, and the broader implications that shaped the judiciary’s role in our society. As we reflect on the year that was, we delve into the complexities and nuances that defined the court proceedings, offering a comprehensive examination of the legal journey that unfolded in the not-so-distant past.

Gang takedown

The trial of 33 alleged members of the One-Don faction of the Clansman Gang – the largest anti-gang trial in the English-speaking Caribbean – began in September 2021 and was wrapped up in March 2023. Fifteen convictions were secured, including that of gang leader Andre ‘Blackman’ Bryan, who was sentenced to a total of 39 years and six months. He was found guilty of being the leader of a criminal organisation and seven counts of facilitating the commission of serious crimes with a criminal organisation, which included the murder of five people. Among them was a couple who was shot to death and their house set ablaze with their bodies inside at New Nursery in Spanish Town, St Catherine.

SSL fraud case

Jean Ann Panton, a former client relationship manager at Stocks & Securities Limited, was arrested and charged in connection with a suspected US$30-million fraud at the investment company.

The wheelchair-mobile defendant is facing a 21-count indictment, having been charged with forgery, larceny as a servant, and engaging in a transaction involving criminal property.

She is charged in relation to sums that were fleeced from dozens of accounts belonging to clients, including retired sprinter Usain Bolt.

Bolt’s company, Welljen Limited, is said to have had US$12.7 million up to October 2022. None of the funds has been recovered.

Leoda Bradshaw’s alleged murder mission

United States Navy petty officer Leoda Bradshaw, the companion of legislator Phillip Paulwell, was arrested as the mastermind in the abduction and murder of the parliamentarian’s 10-month-old daughter, Sarayah Paulwell, and her 27-year-old mother, Toshyna Patterson.

The duo were abducted from their St Andrew home on September 9 and allegedly taken to east Kingston, where they were shot dead and their bodies burnt.

Bradshaw’s cousin, Roland Balfour, was also arrested, along with two other men – Roshane Miller and Richard Brown – who have since pleaded guilty to their role in the crime and were sentenced. A fifth person was also arrested late last year.

Choppy seas for Isat Buchanan

Attorney-at-law Isat Buchanan was found guilty of professional misconduct for offensive comments directed at the country’s chief prosecutor, Paula Llewellyn.

Buchanan, who pleaded guilty to breaching canons of the legal profession, was suspended for two years and fined a total of $520,000. But the suspension was later stayed, pending the verdict of an appeal in the courts.

Dental assistant held for Danielle Rowe’s murder

Kayodi Satchell, a 30-year-old dental assistant, was arrested and charged with the murder of eight-year-old Danielle Rowe.

Rowe was abducted on June 8 while she and her brother were waiting to be picked up at their St Catherine-based school.

The young girl was found later that day with her throat slashed along Roosevelt Avenue in St Andrew. She died two days later in hospital.

Satchell, who was denied bail, is to return to court on February 1.

INSPORTS fraud

Andrew Wright, former financial controller at INSPORTS, and five former employees implicated were arrested and charged in a $222-million fraud at the government agency.

Wright, the promoter of the French Connection and Chug It parties, was charged along with co-defendants Rudolph Barnes, Oneil Hope, Jonnique Mills, Andrea Picton, and Sherene Farquharson.

The six are accused of being part of a team of former INSPORTS employees who wrote, signed, and cashed fraudulent cheques for payees who were neither employed nor contracted to the agency.

Their trial has been set for April 3 this year.

Beachy Stout murder trial

The long-awaited trial of Portland businessman Everton ‘Beachy Stout’ McDonald for the alleged murder of his wife, Tonia, started in the Home Circuit Court and is to resume on January 9.

McDonald is charged along with 33-year-old St Mary tiler Oscar Barnes, who is the alleged killer.

McDonald is accused of contracting another man, Denvalyn Minott, who reportedly subcontracted Barnes.

Minott had admitted to the role he played in the murder and was sentenced to 19 years in prison. He is to be considered for parole after serving 10 years.

Sanja Elliott’s appeal dismissed

The Court of Appeal dismissed a case brought by Sanja Elliott, who was seeking to have his five-year sentence quashed in a close to $49-million scheme at the Manchester Parish Council.

Elliott, the former deputy superintendent in charge of roads and works, was the mastermind of the scheme and was sentenced in June 2020.

Elliott had inveigled some of his friends and acquaintances to participate in a scheme whereby invoices were sent to the council in their names, falsely claiming that they were contractors who had carried out work for the council.

DPP’s first extension challenged

Double-murder convict Mervin Cameron was unsuccessful in a claim challenging the legality of a three-year extension granted to Director of Public Prosecutions (DPP) Paula Llewellyn in 2020 to remain in office until she was 63.

Cameron had argued, through his lawyer, that the extension was illegal because the authorities failed to follow the proper procedure provided for an extension to be granted to the DPP under the Constitution and the Interpretation Act.

The Full Court dismissed the claim, ruling that the extension was lawful

DPP’s second extension challenged

Leader of Opposition Business in the House Phillip Paulwell and his Senate counterpart, Peter Bunting, brought a claim against the Government contending that the amendment to the Constitution to move the retirement ages of the DPP and the auditor general from 60 to 65 was unconstitutional. The claimant’s main argument was that the amendments were improper. The case was heard in the Constitution Court and judgment was reserved.

Buggery law challenge

The Supreme Court dismissed gay rights activist Maurice Tomlinson’s challenge of the buggery law after ruling that the constitutionality of three sections of the Offences Against the Person Act “cannot be enquired into” because of the Constitution’s savings law clause.

The ruling had essentially put to rest a claim brought by Tomlinson against the Government challenging sections 76, 77 and 79 of the Offences Against the Person Act, which criminalise sexual relations between.

Tomlinson, however, has since taken steps to appeal the ruling.

Leon-Issa, cops battle over phone access

Amoi Leon-Issa – the mother of nine-year-old Gabriel King, who was murdered in January 2022 – was ordered by the Supreme Court to give the police access to her cell phone. It dismissed an application brought by her to quash an order from the St James Parish Court granting access to sleuths probing her son’s murder.

Leon-Issa was contending that her privacy rights were being breached by the court order.

The police argued that access was needed to the device to probe the murder case.

The boy was reportedly abducted while travelling with his mother along the Tucker main road in St James and was later found dead in the abandoned vehicle.

Missionaries’ killers convicted

Two men implicated in the murders of two US missionaries in 2016 in St Mary were found guilty of two counts of murder and sentenced to life in prison.

Andre Thomas, a labourer from the parish, was ordered in November to serve 26 years before becoming eligible for parole.

His cousin, Dwight Henry, had admitted guilt last January under a plea deal and was sentenced to life, with a stipulation that he serve 28 years before being eligible for parole.

Missionaries Randy Hentzel, 47, and 53-year-old Harold Nichols were found dead in St Mary between April 30 and May 1, 2016.

They were reportedly last seen alive when they left Tower Isle, St Mary, on motorcycles about 8 a.m. on April 30, to check on a house in Wentworth district, where they had planned on carrying out repairs as part of their outreach ministry in the parish.

Gun sentence challenged

A St Catherine man, who was the first person to be sentenced under the new 2022 Firearms Act, was slapped with a four-year-and-three month sentence for possession of an illegal weapon and ammunition after pleading guilty in the Gun Court.

Dennis Mundell was arrested in relation to a 2020 murder.

The Office of the Director of Public Prosecutions has since moved to appeal the sentence.

UWI torture case

University of the West Indies (UWI) student Matthew Hyde was arrested and brought before the court for allegedly torturing his ex-girlfriend in his dorm room.

The court was last told that he is seeking a plea deal.

He is to return to court in February of this year.

PolFed boss reinstated

An order was made by the Supreme Court to reinstate Corporal Rohan James, chairman of the Jamaica Police Federation, back to his job, pending the outcome of his motion for judicial review of his interdiction.

James was interdicted in July for comments he made at the funeral of a colleague, criticising the Police High Command for not paying cops outstanding overtime money.

Tesha Miller awaits outcome of appeal

The Court of Appeal heard a case from incarcerated convict Tesha Miller, who is seeking to quash his conviction for the 2008 murder of Douglas Chambers, the then chairman of the Jamaica Urban Transit Company.

Miller was sentenced in January 2020 to roughly 39 years in prison for accessory before the fact to murder and accessory after the fact to murder.

The thrust of Miller’s appeal was that the judge acted “unfairly” in a series of instances, including in the handling of a sentencing hearing involving the witness.

The court has reserved its judgment in the matter.

Bassie quits as JAMBAR president

Three months into the job, attorney-at-law John Bassie resigned as president of the Jamaican Bar Association (JAMBAR), following an adverse ruling against him by the disciplinary panel of the General Legal Council (GLC).

Bassie’s failure to inform a client about Scotiabank’s notice of foreclosure on her family home for 14 months formed part of the reason the GLC found him guilty of professional misconduct.

Bassie has denied any wrongdoing.