Elton S. Leonard was ‘punished for feeding the hungry’- Alred C. Frett
In a May 5, 2020, commentary published on Virgin Islands News Online (VINO), Mr Frett’s outcry stemmed from Mr Leonard being made the poster boy of the alleged police excessiveness that came out of the COVID-19 curfew, which according to him, was akin to slavery and colonialism.
Humanity & Impartiality
"The Bobby’s Family contributed greatly to making the VI and to punish them for feeding the hungry begs the question of humanity and impartiality in our leaders and laws,” he said in striking criticisms of the move.
My Frett continued, “The Coronavirus is a major threat and we are all afraid but if laws are made for man and not man for laws [then] we must be watchful lest COVID-19 be used as cover and excuse for taking us back to slavery or colonialism."
On April 24, 2020, VINO reported that Mr Leonard was taken into custody on that same day after it was alleged that he was serving persons not in possession of Essential Workers Passes in store, against curfew regulations.
According to sources, an individual had entered the store to purchase some bananas when a police officer in the store advised against the purchase.
Mr Leonard then intervened, allegedly allowing the purchase of the bananas on the premise that 'everyone has to eat during the curfew.'
This led to the officer allegedly calling for backup and summoning a contingent of police officers, some heavily armed, to arrest the store owner.
RVIPF facing backlash
While the incident is long gone it has left a bitter taste in the mouths of many, like Mr Frett, who believe the arrest was uncalled for.
Significant criticisms have also been directed to the Royal Virgin Islands Police Force (RVIPF) and its handling of the situation, compounded by outcries over the general demeanour of officers who used excessive force and tased a young man, as well as a homeless person, for breaking curfew during the lockdown.
On the Monday, April 27, 2020, edition of the Honestly Speaking show, guest host and Interim Chairman of the BVI Chamber of Commerce and Hotel Association (BVICCHA) Ms Shania M. Smith had also criticised the move by the police.
“I’m still trying to understand what were the charges [and what] the situation was. There are no clear charges in terms of what he was supposedly charged with and then was released… those kinds of things are not acceptable,” Smith said, noting that an apology was never even made by the RVIPF over the incident.
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73 Responses to “Elton S. Leonard was ‘punished for feeding the hungry’- Alred C. Frett”
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HA HA you are so right the l..... cant pass a damn thing but them family got them a place in places and lord the simple adding and subtracting exams them cant pass
yes let the l..... go and count the amount of Nurses and Doctors that are l...... who have jobs at the hospital and clinics all can be counted on one hand so let all the EXPATS leave get the monies owed and see who going fill the spots (dogs cats and sheep)so the down island people head full knowledge and 'tolians' head full full D##gs
Them fast yes to arrest Bobby’s just because he’s a local man. They would’ve never do it to the w**** m** at r*****
But legal team like the quotations of miss Smith, in the last paragraph of this headline, and I am sure the many bloggers will add the views on this matter.
let freedom of the press reign like rain.
So it is okay to break some laws? ANSWER THE QUESTION ASKED, not give more excuses, I agree with all your statement but ALL LAWS need to be followed.
Talk about the faceless mask and the book of rules. Common people like you and me we're suppose to be the builders for eternity.
Greed is the name of the game. The safety of our people will continue to triumph over the all powerful dollar any day. If you think otherwise then your priorities need to be re-organized. It is not a matter of black or local, it is the law that has been put in play for this unfortunate time. All need to obey for the better of the community.
This is the VERY first thing I asked when the story first came out
Double standards OR something PERSONAL
I noticed this curfew they attacked many locals using excessive force also towards us.
These officers getting out of hand in our own territory not right at all.
Who’s punishing these officers for assisting their countrymen transporting them from place to place during this lockdown?
What about 2017 hurricanes they looted and assisted in looting.
Why are they still working?
We now have bandit looters curfew assisting transportation officer not to mention tasering ppl with excessive force.
This is where we’ve come too ?
Why charge elton the pastor need to be charged too fair is fair
Moreover , at first, I was going to sit out commenting, for being accused of bias. Nevertheless, I decided that sometimes one has to be bold. One has to support family during their highs and lows, ups and downs, sunshine and rainy days and peaks and valleys. Thus, in reflection I wonder 1)why more discretion was not employed to quell what seems more and more like a storm in a tea cup, 2)was this an overzealous use and case of the the Broken Window Theory, 3) was all alleged curfew breachers treated the same, and 4)in police/security work , is escalation of force still employed commensurate with the situation(was the reinforcement necesssry)? Others have opinions as to why Elton may have been allegedly single out but I will leave that.
Uppy, my brother, stay strong, stay focus, pay attention to the signs and most importantly be safe and stay safe in these challenging and uncertain time. Like Phoenix , you will rise from the ashes.
That said POs serve and protect citizens. In enforcing the law, nuff discretion is used in enforcing the law. The goal is to attain conformance with the law and not every infraction of a law necessitates an arrest. True, appearance of having allegedly committed certain crimes necessitates an arrest but that arrest does not mean one is guilty.
In my corner of the world, most of the time when police encounter a curfew violator often times they are either a) told to take your a....s home or b)written warning. Of course, if you are repeat offender, you going in lockdown. Police can tell instantly if you have been issued a warning. My two cents. Watch that bad boy Coronavirus and be safe.
First of all,legal team and associates,do not support people,in what they do or did not do in society,and legal team does not support authority or agree with authority or criticize authority.
Legal team only supports the law and the Constitution,so the first point here is the law of the BVI,enacted under the power of the Constitution.
The Constitution Order 2007 of the Virgin Islands-Powers and procedures [power to make laws]
["Subject to this Constitution,the legisture shall have power to make laws for the peace order and good government of the Virgin Islands"]
The Police Act,Chapter 165,part III of the laws of the Virgin Islands[ General duties of the police]
["The general duties of every member of the force are-
(a) to preserve the peace,prevent and detect crimes and other breaches of the law ( C-I) to summon before a magistrate and to prosecute-persons found committing any offence:-
(d)-To apprehend and bring before a magistrate, persons found committing any offence that RENDERS them liable to ARREST, without warrant xx xx"] etc etc.
THE CURFEW ORDER ["Statutory Instrument No.29-Imposition of a Curfew (No.5) Order,2020-Gazette No.37 dated 7th April,2020"] What offences are created under the Curfew Order?
Members of the blogging jury,the first point that the legal team wants to know is that-Did parliament make a law by virtue of the Constitution,to say or define in that law,in the following wording:-?
[" Any store owner,who without first establishing that a person has a curfew pass,inside his store,should not sell or caused to be sold,groceries,such as banana,dasheen,etc etc, and that any store own who contravened the provisions of sect (2-3 ?) is guilty of an offence,under the curfew order- 2020-blah-blah"]
Let's go back to the Constitution [Protection of right to personal liberty]
[" No person shall be deprived of his or her personal liberty,save as maybe authorized by LAW- in any of the following cases-(c) Upon a REASONABLE SUSPICION of that person having committed or of being about to commit a CRIMINAL OFFENCE, under any LAW"]
Members of the blogging jury and the police-enforcers of laws:- " Is it a criminal offence, under the curfew order, for Mr.Elton Leonard, a store owner, to sell or caused to be sold, 6 bananas to a person in his store,under the circunstances,for which he was arrested by the police?'] Legal team didn't read that in the curfew order.
This is not about,elton wrong,right,no better,others did and get away,blah blah.
Did the actions of Elton Leonard constitute a Criminal Offence,under the curfew Order?
Is it a criminal offence,if Elton say, "let the man get 6 bananas?". Legal team does not know,until we get to court.
And was the arrest REASONABLY JUSTIFIABLE in a democratic society? Was he arrested for the actual offence,or to prevent the continuance or further commissioning of offence?
Where is it written in the Curfew Order # 5 of 2020, that Elton should not sell bananas to a person in his store,before first satisfying himself that such a person is in possession of a "pass" as defined in the Order?
Let's go back to the Constitution:-
[" Provision to secure the protection of law"]
[" If any person is charged with a criminal offence,then,unless the charge is withdrawn,the case SHALL be afforded a fair hearing,within a reasonable time by an independent and impartial court established by law:-Every person who is charged with a criminal offence SHALL-be presumed to be INNOCENT until he or she is PROVED- GUILTY"]
Where is the EVIDENCE [the facts applied to the law] which proved that Elton Leonard, committed a criminal offence under the curfew order 2020, which led to his arrest?
What say you, members of the jury?
For reasons that the person who buy the bananas was not arrest for breaching cirfew,so that means person had a pass..
The criminal justice system starts with the police,and when a police officer decide to arrest,it must be for a criminal offence under a law of parliament.
All legal team is asking,under the criminal justice system of the bvi,whats the offence committed by elton leonard.
Are you taking him to court?so police,like supa cop can just arrest you,then release you,but know court.
Think about it.
An arrest starts with police under statutory but should in a criminal court,under the constitution,so that you can prove your innocence or the crown prove your guilt..
Thats how the criminal justice system is set-up.
Legal team supports the law and the constitution in society.
I agreed with you Dr. Frett !
Leave Bobby's hes a great man
I loved what he did
Cant make because of law you stop ppl from eating
That officer woe beyond to you !
This is the year, 2020 in modern times, and here you have highly educated persons 13 years,after the 2007 Constitution,declared Fundamental Rights and Freedom,using that right to exercising their freedom of expression guaranteed under bvi Constitution,and we are still here talking about,
WRONG or RIGHT?
The legal term is:- "Lawful or Unlawful". Did Elton do something law or unlawful?
When it comes to a person's "fundamental rights and freedom of LIBERTY",under the criminal justice system, is either a person commits a Criminal Offence, under a LAW, or he did not!
If the police have reasonable grounds for suspecting that a person commist a criminal offence,under the law of the bvi,the police have the lawful authority,to deprive that person of their freedom liberty under the Constitution,in the form of an arrest and police station detention.
But the onward procedure must continue:-
Charge-Bail-Court-Guilty-Not guilty-Fine-or-Imprisonment.
In 2020,with fundamental human rights and freedoms, are defined and guaranteed in the bvi constitution, you cannot have, policemen like Robocop-SupaCop, thinking that when a person commits an offence, the police can just shout at you,and curse at you,and sometimes just arrest you,without justification! This 2020 boss.
I don't give a DAAAM if Elton is Wrong or Right.
The question is, What criminal offence did Elton commit which justified depriving him of personal liberty[his fundamental right to liberty] ,and what is the Charge brought against him by the police?
[" For that you Elton Leonard on 27th April,2020, at bobbys in roadtown tortola bvi Did sell 6 bananas to an unknown man,who at the time of the sale did not have a pass, and this offence is contrary to section 5 of the curfew pass 2020 of the laws of the bvi"] Is that the Charge?
ABSOLUTE NONESENSE!!
Let freedon reign-like-rain in the BVI:lol
Legal team and associates, would like to thank the many bloggers who participated in this blogging exercise in our free and democratic bvi..
Legal team is a group of " None-lawyers without borders" which means, we did not attend law school and we are not attorneys-at-law.
We research the law,read the law,look at the definition of the law,apply the facts and circumstances of a case on its merrit to the law and determine if a persons action,might be lawful or unlawful.
Legal team and associates are not concerned with the Right or wrong in society.
Every person in society, should know to respect the rule-of-law under the Constitution, and the statutory laws made by parliament, to regulate our behavior in society to ensure,that we the people, do not abused,fundamental rights and freedoms,and to infringe on others rights and freedoms
Persons in authority,have the responsibility and authority to enforce these statutory laws made by parliament,but in do so, persons in authority [supacop--robocop] must respect and not contravene the [fundamental human rights and freedoms of the individual] when executing that statutory authority,such as powers of arrest.
Fundamental human rights and freedoms in a Constitution,is higher and more powerful than an authority in a statutory law of parliament, because the Constitution is the supreme law of the land,and that is where you will find fundamental rights and freedoms of every person in the BVI.
Freedom of liberty,is a fundamental right in the BVI Constitution.
If in 2020, literate persons who [can read & write] educated persons in the bvi, who have degree,certificate of higher education,blogging on a matter,where the police arrested,and detain a citizen,because he allow a customer,who entered his store,voluntarily during a lockdown, to purchase 6 bananas,during a LOCKDOWN, and the police did not arrest,and prevent the buyer to enter the store in the first place,but proceeded to arrest Elton,detain him,then just release him [case closed?]
"You educated persons,come blogging, saying:- Elton wrong, Elton not wrong,elton right ,Elton not right,elton should know better---police right--police wrong?==="
Since when,the criminal justice system is about wrong or right,under our Constitution?
Have you ever heard a court say, "I found you wrong or I found you not right"?
The daaam wording is:- [" THIS COURT FOUND YOU GUILTY OR THIS COURT FOUND YOU NOT GUILTY OF THE
OFFENCE CHARGED"]
"Who do the crime,must do the time".That is how,the daam criminal justice system of the bvi is designed.
Police officers; This job is for trained and educted professionals,[who can read and write] and you are trained in law enforcement as professionals:
Don't behave like DIS CLOWN "Robocop=supacop" to allow your personal emotions to control your professional ETHICS..
We the people of the Virgin Islands,must continue to support the police in their efforts and ,in the fight against crime in the Virgin islands.
God save the Queen.