Judges Have A Responsibility As Officers Of The Court To Follow And Apply The Law, Obviously Not In Jamaica..


Thirty five-year-old con­struc­tion work­er Phillip Brown was arrest­ed last December and charged with mur­der after he con­fessed to killing 31-year-old Kerry-Ann Wilson.

Brown alleged­ly con­fessed to Police that he killed Wilson his girl­friend after she told him she was preg­nant with anoth­er man’s child.
According to Media reports it is alleged that the woman was beat­en to death and that Brown wrapped her body in a tar­pau­lin and tried to dump her in a gul­ly near Crystal Towers Apartment on Old Hope Road in St Andrew, where they had lived togeth­er.

It is very impor­tant to remem­ber that Kerry-ann Wilson was preg­nant at the time of her death. The Police are report­ed­ly con­sid­er­ing whether he should be charged with the death of the fetus as well.
That this has to be con­sid­ered in 2017 speaks vol­umes about the archa­ic nature of the nation’s laws. It also speaks to the qual­i­ty of the Legislature as a cred­i­ble body which has respon­si­bil­i­ty to devel­op leg­is­la­tion to ade­quate­ly pro­tect the pop­u­la­tion.

Phillip Brown

Prosecutors also told the court that the police were not cer­tain about Brown’s men­tal state and were also wor­ried that he may abscond bail and inter­fere with the wit­ness­es in the mat­ter.
♦According to the bail Act a court may deny bail for an accused depend­ing on the seri­ous­ness of the crime.
There is no crime more seri­ous than mur­der !

♦ According to the Bail Act ‚an accused may be denied bail if he/​she is like­ly to inter­fere with poten­tial wit­ness­es.
According to the Prosecutor the accused at best needs psy­cho­log­i­cal eval­u­a­tion and is like­ly to inter­fere with the wit­ness­es in the case.
One of the tech­niques employed by the Island’s killers is to mur­der wit­ness­es to their crim­i­nal actions.
It has worked effec­tive­ly in get­ting them off mur­der cas­es, but has also had a damp­en­ing effect on the will­ing­ness of peo­ple to tell police what they saw.

Judges have a respon­si­bil­i­ty as offi­cers of the court to fol­low and apply the law. Judges have no right to sup­plant the laws with their own emo­tions and social views.
Judges must seri­ous­ly con­sid­er refus­ing bail when the crime is of a cer­tain nature, ie mur­der, that is the spir­it and intent of the law.
When the crime is as egre­gious as mur­der , much less the killing of a help­less inno­cent preg­nant woman and a defense­less fetus , what more could a court want to see to say no to bail?
Those con­sid­er­a­tions alone are enough for any sane judge, and hon­est un-cor­rupt­ed Judge, in any juris­dic­tion where there is a desire to not only fol­low the law, but send a mes­sage that inno­cent vic­tims and their fam­i­lies will not be dou­bly penal­ized.

When the poten­tial of inter­fer­ing with, (killing), wit­ness­es in this case is added to the mix, a judge is duty bound to deny bail.
The fact that this man killed his girl­friend , who just hap­pen to be preg­nant , is more than enough rea­son to lock him away from soci­ety.
Not for Judge Pettigrew-Collins.

Judge Pettigrew-Collins offered the killer bail in the sum of one mil­lion dol­lars , she ordered him to sur­ren­der his trav­el doc­u­ments, and to report to the Police dai­ly. A stop order was also placed on him at all ports and he was ordered to relo­cate to live with his father in Kingston 10 area.

We are all well aware that all kinds of mur­der­ers have been allowed to leave through the nations porous ports , that includes cop killers.
We also know that any­one can move around the small Island , kill any­one and be exact­ly where they ought to be as dic­tat­ed by a court.
Effectively the accused killer in this case can hand over his papers to author­i­ties , move across town to live his father kill the wit­ness­es in the case and still report to the Half Way Tree Police as man­dat­ed each day and if he so choos­es. He may also chose to sim­ply hop on a flight and be out of the coun­try , or take a boat and be shut­tled out the coun­try as Duppy film is rumored to have been.

None of these con­sid­er­a­tions mat­tered to Judge Pettigrew-Collins.
Anthony Williams lawyer for the accused, argued that his client had a right to bail and that the seri­ous­ness of the offence was not suf­fi­cient rea­son to deny him that right.
This has got to be the twi­light zone, dou­ble mur­der is not suf­fi­cient to deny bail. On what plan­et would that line of argu­ment hold sway in a court of law except in Jamaica?
There is no doubt that he gave a con­fes­sion state­ment and it is, indeed, a seri­ous offence, but there are oth­er con­sid­er­a­tions,” the lawyer told the judge.

That state­ment is incon­sis­tent with the bail act but the judge did not cor­rect him, she acqui­esced and grant­ed the dou­ble mur­der­er bail.
The rule of law be damned.
In an age when sto­ries abound that crim­i­nal defense lawyers are meet­ing with judges han­dling seri­ous cas­es and hand­ing them mon­ey to cir­cum­vent the process by let­ting mur­der­ers out of jail ‚what are we sup­posed to think about this case as has been the case with count­less oth­ers?

Are we to con­tin­ue believ­ing in the fideli­ty of the courts, or are we going to pull our heads from the sand and face the stark real­i­ty that the courts are as much con­t­a­m­i­nat­ed with the cor­rupt­ing influ­ence of mon­ey as all oth­er pub­lic sec­tor enti­ties are?
Just this morn­ing some­one asked me to be a mem­ber of a social media group which will sup­pos­ed­ly be mil­i­tat­ing against vio­lence against women in Jamaica.

Jamaican women, are well rep­re­sent­ed in every stra­ta of the soci­ety unlike oth­er coun­tries.
More so now than their male coun­ter­parts, as a result of Government and oth­er poli­cies which have favored women for decades.
This has result­ed in a mar­gin­al­iza­tion of our young men and a sense of anger in them which is now play­ing out with trag­ic con­se­quences.
However, it is the actions of women like Judge  Pettigrew-Collins which are jeop­ar­diz­ing the lives of every Jamaican not just women and their unborn chil­dren .