Arrest is punishment enough claims lawyer
Tempers flared in Plea Court yesterday when defence attorney Elizabeth Christopher took on a crusade for a young black man who, she claimed, never would have been arrested had the offence taken place in Paget.
DPP representative Wayne Caines told the court that on April 4 Police were driving near Middletown on Middle Road when they spotted a person throwing away what appeared to be narcotics.
While the Police chased the culprit, the defendant, 16-year old Davun Alexander Hill, ironically from Valley Road in Paget, walked near the area in which the drugs fell, and picked them up.
Police arrested and searched him, to find on his person a brown paper twist of cannabis. When cautioned, Hill replied: "It ain't no weed, it is just seed."
"This boy deserves a chance," Ms Christopher told the court, where Hill appeared yesterday with his mother at his side.
"The Police should've exercised discretion and given him a caution . Why give him a conviction for this? Why?"
Acting Senior Magistrate Carlisle Greaves told Ms Christopher and the court his fears that if he discharged Hill completely, the boy would get the message that what he had done was okay, and do it all over again.
Over the angry protests of prosecutors Wayne Caines and Juan Wolffe, Ms Christopher replied: "If it was from Paget, it would be different."
"That's outrageous," complained Mr. Wolffe, as the lawyers began arguing back and forth. Mr. Greaves also got into the debate, commenting that "we are destroying ourselves", and that people would "blame the whole world first".
"No one wants to see a young man with a record for narcotics," said Mr. Caines fiercely. "What we are faced with is a person pleading guilty to narcotics - to seeds! For cultivating narcotics!
"But the message we send to young people is you come to court and get a caution. Nobody is saying come to court and get a criminal record.
"Nobody wants to see any young black man get a criminal record."
"He obviously has the support of his family," said Ms Christopher. "If the court is confused perhaps a Social Inquiry Report should be ordered."
She pointed out that Hill is now in counselling and has already gone through the punishment of being arrested, posting bail, and appearing in court, before asking that the case be dismissed.
Mr. Greaves sentenced the young man to a 12 month conditional discharge, recommending that he continue the counselling he is already in.