We continue in the series as titled above here’s a story from our friends at the Jamaica Observer.
A motorist accused of attempting to kill a police sergeant with his vehicle was yesterday remanded into custody when he appeared in the Corporate Area Resident Magistrate’s Court. Accused, Orlando Tucker, a 28-year-old vendor of Ambrook Lane in Kingston, was charged with attempted murder stemming from a traffic incident in which the policeman was hospitalized with a fracture to his collarbone and mild head injury.
According to police reports, on May 10, about 4:00 pm, Tucker was driving a motorcar along Eastwood Park Road in St Andrew when he was stopped by the policeman for a traffic infringement.
But Tucker, while being prosecuted, drove off with the complainant hanging off the side of his vehicle. It is further reported that the motorist then drove the car into a light post which resulted in the complainant being flung into the air, before landing on the roadway.
The injured man was taken to the Kingston Public Hospital where he was admitted for several days and the accused was arrested and charged.Yesterday, when the matter was raised before Senior Magistrate Judith Pusey, Tucker, who has failed to take up his $200,000 bail, was remanded in custody.http://www.jamaicaobserver.com/news/Man-accused-of-trying-to-drive-over-cop#ixzz1UjggXJh0
This less than precisely written story from our friends at the Jamaica Observer is a little hard to understand but I think we can all see what’s important.
This particular Magistrate is one of those Jurist operating in Jamaica that I talk about daily. Note >this Magistrate has a history of bad decisions.….….…. if you are not a criminal. This man attempted to kill a Police Officer in the lawful execution of his duties. Attempted to escape by running over the cop in his bid to get away from a traffic citation. Was offered Bail in the sum of J$200’000.00 The equivalent of US$2’409 00.
That is what the lives of Police Officers are worth in Jamaica, is it any wonder why officers take the laws into their own hands? this low life is in custody only because he cannot afford to pay the measly bond. If a suspect is a flight risk, as is clearly demonstrated here, how can a magistrate turn around and grant him bail? Activist magistrate Judith Pusey has been taking a wrecking ball unchecked to Jamaica’s justice system for a long time.
This is the same magistrate that refused to recuse herself from the Kern Spencer light bulb trial, a move that would have allowed the trial to proceed and Justice done. She has set herself up as the Attorney of Spencer, making the trial a mockery, taking over the duties of defense attorneys for Spencer from the bench. That trial is still languishing in the system as Pusey continues to fight with the DPP over peripheral issues, not allowing the case to progress.
There is a litany of other outrageous cases where she has done terrible harm to what obtains for justice in Jamaica. Judith Pusey the darling of the trial Lawyers has struck again. Notice there is not a peep from the frauds at Jamaicans for Justice,. If Police Officers are killed it’s no big deal, just don’t kill criminals. What a bunch of frauds.
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One of the difficulties of law enforcement, in developing countries especially, is to get ‘informed sources’ to use the term ‘alleged’ in describing infractions by those who supposedly are in violation of the law.
The report from which the supposed facts of this incident has been gleaned is admittedly sparse in its description of the event. However to its credit it did say that the motorist was ‘accused’ of attempting to kill a policeman while said policeman was engaged in the execution of his duties.There is no proof yet that this was factually the case. Such proof would have to be adduced at trial. No one can possibly know what the motorists intent was until testimony is taken and evidence produced at trial. If evidence of intent to harm the policeman is gained at trial then surely this will corroborate the more serious charges brought.
As regards the issues of flight risk and bail the court is mandated to consider a whole slew of factors regarding the defendants familial, social and other commitments, not merely whether he attempted to flee the immediate scene in the heat of the moment (often influenced by the use of alcohol or other drugs).
The issue of amount of bail seems to this observer to be appropriately observed. In the view of some it seems that they would have bail set in Jamaica as if the defendant is an American viz-a-viz the inference as to the US-Jamaica rate of exchange. The court is mandated to observe the tenet that bail should not be excessive. In any event the prosecution can make a motion to increase bail if it wishes. This is an area that sometimes properly requires a hearing.
It is sometimes disheartening to note that those who empathize with or are associated with the law enforcement community often develop a blind eye to the rights of the average citizen.
I myself have seen many many instances, in that very country, of defendants rights being callously overridden. In fact I was myself involved in at least one such incident.
Could it be that Magistrate Judith Pusey is a lone voice crying out in the wilderness of destroyed defendant rights?
The bail act clearly stipulates that if an offender is a flight risk that offender should not be given bail . This guy was prepared to kill a cop to avoid prosecution, , does anyone think this moron is interested in showing up for a trail?
In this case his state of mind is immaterial, his actions are so egregious he should be kept in custody until trial.He is clearly a danger to the public.