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Media barred from Andre Penn’s case!

- Justice Rajiv Persad issues order to all Media Houses for case to be heard in camera until further notice
Both the Director of Public Prosecution Mr Wayne Rajbansie (left) and Mr Andre Penn support the Court Order to have the media debarred from covering the retrial. Photo: VINO/File
In an unusual move, High Court Judge the Honourable Justice Rajiv Persad today November 18, 2013 issued a court order in the case of The Queen vs Andre Penn to have the matter re-tried in camera. Photo: VINO
In an unusual move, High Court Judge the Honourable Justice Rajiv Persad today November 18, 2013 issued a court order in the case of The Queen vs Andre Penn to have the matter re-tried in camera. Photo: VINO
ROAD TOWN, Tortola, VI- In an unusual move, High Court Judge the Honourable Justice Rajiv Persad today November 18, 2013 issued a court order in the case of The Queen vs Andre Penn to have the matter re-tried in camera.

The order, which was served on all media houses via a government press release, prohibits all media houses from covering the case in the court of the retrial of former legislator and Eighth District Representative Andre Penn.

The matter directed that the case is to be heard “in camera” until further order from the court.

What does this mean?

In camera is a legal term that means in private. The same meaning is sometimes expressed in some court jurisdictions equivalent to in chambers.

Generally, in camera describes court cases, parts of it, or process where the public and press are not allowed to observe the procedure or process. In camera is the opposite of trial in open court where all parties and witnesses testify in a public courtroom and attorneys publicly present their arguments.

Entire cases may be heard in camera when, for example, where matters of national security are involved. However, most local legal experts do not believe the case of The Queen vs Andre Penn raised to the level of national security.

Others have blasted the learned Judge’s decision as part of the recent pattern since the National Democratic Party (NDP) took office to restrict and censor the rights of the free press in a democratic society.

Both the Director of Public Prosecution Mr Wayne Rajbansie and Mr Andre Penn support the court order.

Background

Penn is accused of allegedly committing several sex related offences on a minor. His case has had several adjournments. Justice Albert Redhead, prior to the October assizes, had even told Penn that the court had been bending over backwards to accommodate him.

Justice Vicki Ann Ellis had opened the final High Court criminal assizes for the year 2013 on October 1 by letting Mr Penn know that there would be no adjournment when his matter comes up for trial on November 18, 2013.

Penn appeared in the High court for the opening of the assizes without his legal representative and spoke in his own defense. He had told the court that he would be represented by Mr John Benjamin, QC and Dr. Henry Brown, QC when the matter is called on November 18.

“There will be no adjournment Mr Penn,” Justice Ellis had sternly said.

41 Responses to “Media barred from Andre Penn’s case!”

  • A. Fahie (18/11/2013, 20:41) Like (0) Dislike (1) Reply
    WOW
    • all over (19/11/2013, 04:52) Like (2) Dislike (0) Reply
      The power hungry will seize any opportunity to suffocate the one vent that remains in this country for the representation, expression and protection of the people of the BVI: the free, independent, media.

    • Over Lord (19/11/2013, 11:26) Like (3) Dislike (0) Reply
      So she don't like the Media for some reason? Is it personal? It involve a child so I would agree on that part but if this keep being so then yeah she has issue with the Media.

      Well Judge kind of modernize a little bit and set up a court press secretary to brief the public, If you don't like the press. Just don't try and keep the court in a bubble.
  • LAW (18/11/2013, 20:54) Like (4) Dislike (0) Reply
    This media sector needs an organization.
  • Well Well (18/11/2013, 21:00) Like (7) Dislike (1) Reply
    So what does the judges decision got to do with the NDP. Did the NDP cause Penn to do what he did or did not do? well well.
    • @ Well Well (18/11/2013, 21:37) Like (8) Dislike (3) Reply
      It’s a culture of censorship started by the NDP government now it has reached the courts...we going backwards fast fast
      • facts man (19/11/2013, 04:46) Like (1) Dislike (0) Reply
        The media threat never dies. Politicians fear public opinion. They therefore hate an independent media; and when the press does not grovel, their authoritarian tendencies surface. The evidence is abundant over the last 2 years!
  • question (18/11/2013, 21:22) Like (4) Dislike (5) Reply
    Is this judge a NDP? They got the same behaviour.
    • Well (19/11/2013, 04:58) Like (1) Dislike (0) Reply
      We must all be alert to preserve our precious freedom of the media.

  • all in one (18/11/2013, 21:38) Like (5) Dislike (0) Reply
    NDP wants the media gone now this judge joint the game LOL
  • oUCH (18/11/2013, 21:44) Like (5) Dislike (1) Reply
    You are a clown! The moral of the story is once you created a culture of allowing and advocating censorship of the media like this current government has; others feel safe doing it BAM… Learn from that.
  • ++++ (18/11/2013, 21:59) Like (6) Dislike (2) Reply
    He is being tried the same. I'm just glad he doesn't have outside distractors, haters and people who think they know everything. That is why it is in private. things get twisted. The community is small. Let the judge stick to the facts and not politics.
  • Webster (18/11/2013, 22:29) Like (0) Dislike (0) Reply
    Never heard of this judge. Where is Justice Vicki Ann Ellis?
  • black boy (19/11/2013, 04:37) Like (5) Dislike (1) Reply
    For all its imperfections, the media is our most outstanding national institution. All others are failing
  • GoonSquad (19/11/2013, 04:39) Like (5) Dislike (0) Reply
    The BVI media is a toothless watchdog…no one has the balls to go to court to challenge this!
  • Bvi man (19/11/2013, 04:43) Like (3) Dislike (1) Reply
    We better say thank god for the media.

    • Amen (19/11/2013, 12:09) Like (2) Dislike (7) Reply
      Since you seem to like thanking god here is a bible quote:

      Mark 10, verse 25
      "It is easier for a camel to go through the eye of a needle, than for a rich man to enter into the kingdom of God".
      Quoting the Bible for convenience does not impress anyone, except maybe yourself! The Bible is a complete journey and not a few steps to be extracted here and there!
  • Hard place and a rock (19/11/2013, 04:49) Like (0) Dislike (6) Reply
    I still believe in the legal system and would not accept that they are attempting to intimidate the media
  • my 2 cents (19/11/2013, 04:55) Like (0) Dislike (0) Reply
    the legal system should be in th business of promoting a free press...Media thrive because ultimately they belong to the people; they spring from the needs of the people to know, communicate and express without which both people and media die.

  • not only (19/11/2013, 06:14) Like (10) Dislike (0) Reply
    This is not the only case to be held in camera. The DJ case was in camera no one complained about that
    • long look me come from (19/11/2013, 07:53) Like (3) Dislike (0) Reply
      for real!!!
    • tola (20/11/2013, 11:09) Like (1) Dislike (0) Reply
      exactly, how they didnt complain about the dj case, i tell you about these tola people, a bunch of noise makers, idiots acting like little children, all they do is run their dam mouth after something happen, the judge has the power and authority to do what she did, it is not illegal, she didnt block the media from all cases, thses bvi people spoil and feel they must always have things their way, well its not going to work, respect authority and respect the decision of people in authority, fedup with these childish set of goons.
  • Corruption in Justice (19/11/2013, 06:43) Like (0) Dislike (5) Reply
    A lack of transparency in the justice system is a boon for judicial corruption. The public has a right to know what is going on in the courts.
  • Dark side (19/11/2013, 07:28) Like (0) Dislike (2) Reply
    Here we go again
  • old school (19/11/2013, 07:52) Like (9) Dislike (0) Reply
    What about the minor that is involved, i think once a minor is involved the case is usually tried in camera to protect the privacy and psychological effects this will have on the minor. This very painful for a minor.
  • Jay (19/11/2013, 08:15) Like (15) Dislike (0) Reply
    No media should be allowed in the courtroom for any sexual nature case involving underage persons.
  • Cat talk (19/11/2013, 09:22) Like (2) Dislike (0) Reply
    Media under the bus again
  • Observer (19/11/2013, 09:46) Like (4) Dislike (0) Reply
    Lady "D" at work again. Yes, and who is this judge? Is he specially recruited for this trial?? As far as I know, the victim has no issue with the media being present.
    • observer-it's animosity (19/11/2013, 14:05) Like (0) Dislike (0) Reply

      observer,the judge seem to have animosity toward the media..................................................

  • At a Lost (19/11/2013, 11:37) Like (3) Dislike (2) Reply
    What is it that keep people attracted to want to come and work in the BVI. I look at the picture with Penn and the DPP and it just dawned on me, they say they don't want any Virgin Islander in the Post because they would not do their work, But then again the heads of the police are non nationals, now the prison head of the health services, and it goes on. Is it the US Currency? What is it. What is so bad you have nationals here supporting this kind of thing. Other countries go to all lengths to ensure their Government is reflective of them but the BVI go to all lengths to ensure the opposite. Instead of the leadership look inward they always look outward first and pick people to come take up these most important positions.

    If its the currency, I wonder if this would still go on of we change to E.C or another currency? Is it that we are given some special water to drink so we never support our nationals and if they are lucky to get any jobs we do our best to ensure they are removed? Maybe the water in the other countries need to be imported for us to drink so we gave some support to our nationals.

    Little Virgin Islands supporting the world. I guess this is the secret of the place that is called nature's little secret.
    • bb (20/11/2013, 11:20) Like (0) Dislike (2) Reply
      First of all, the BVI is not the only caribbean country that uses US curency, the BVI is not driven by the powerful economy it once was, infact most of the serious countributers has left the BVI for greener pastures, one of the main reason that people keep coming is that 95% of the locals are not qualify for the jobs at hand, they are either incompitent or lack the qualification, so what does the government do, they have no choice but to find the qualify persons outside of the BVI, it amaze me how some locals feel that being a bvislander automatically qualifies them for a job, bunch of idiots, they need to educate them self and get with the program, this i born here is out the door now, another thing, most local are currupt and of criminal background or most of their families are criminals so they cant be trusted to be in a certain position, the UK knows that and the government knows that, so tell me what will it be?.
    • Expat (20/11/2013, 21:58) Like (1) Dislike (0) Reply
      I am surprised that you can not see the answer to your own question. We come here to work in positions that locals can not or will not fill, from the boat cleaner to the senior manager.
      The local woman at the recent Priison Officers job fair typified the local approach to work when she said " I want a government job, any government job" . This was no doubt followed by " because I born here" This also showed that BVI characteristic called entitlement.
      Hearing this case in camera will prevent that other local past time from taking place, namely blogging incoherent, unintelligent, unreadable, text speak against everybody not from here, and then for completion, hating your fellow countrymen too.
      Luckily I am here to work, and not to stay, and hope that one day you will find the answer to natures little secret.


  • Disgusted (19/11/2013, 13:38) Like (1) Dislike (1) Reply
    What the hell make Andre Penn so special?
  • lollol (19/11/2013, 15:00) Like (2) Dislike (1) Reply
    the born here names goes a long way
  • Big Piture (19/11/2013, 18:22) Like (5) Dislike (0) Reply
    Good move let's protect the child well done DPP and Judge
  • likes to be in thing (20/11/2013, 14:55) Like (0) Dislike (0) Reply
    ok why is the dpp issuing orders
  • billyb (20/11/2013, 19:20) Like (1) Dislike (0) Reply
    Why have another trial? Do not insult our intelligence, we already know what is being cooked up. Why is he being given special treatment? We can hide from man but we cant hide from God.
  • Amen (22/11/2013, 12:57) Like (0) Dislike (0) Reply
    Yea, God Bless the BVI...whatever.
  • cnbc (23/11/2013, 02:06) Like (1) Dislike (0) Reply
    There are always two sides to a story.....


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