Newton hearing in Tambu Frett’s case to go on despite lawyer's opposition
The hearing, initially set to start today, May 7, 2020, was adjourned to Wednesday, May 13, 2020, at 10:00am via zoom.
Senior Magistrate Tamia N. Richards said the voice notes and WhatsApp messages pulled from Mr Frett’s phone cannot be dismissed.
Mr Jones argued that he wanted the hearing dismissed on several grounds, including that his client pleaded guilty to all the offences, including Smuggling, and he did not dispute the Prosecution’s allegations.
He said his client denies responsibility for any offence he has not been charged with and must be sentenced based on what he was charged with before the court. He said having a Newton hearing is a waste of judicial resources and unnecessary.
“It is for the crown to prove beyond a reasonable doubt,” he argued.
He said the correspondence in question does not prove that Frett was involved in the act for financial gain and implored the court, if it is minded, to impose a custodial sentence but not a lengthy one.
From the Prosecution’s side, Senior Prosecutor Mr ONeil Simpson objected to Jones’s argument, stating that disclosure is an ongoing process.
Forfeiture
As for the forfeiture hearing for the boat that was used to smuggle Bryan D. Bolan from St John, US Virgin Islands (USVI) to the Virgin Islands (British), belonging to Jerome Hopkins Jr, lawyer Valerie Stephens-Gordon said: “We will be opposing the application,” adding that there wasn’t an affidavit for the said application.
She also argued that there was no evidence that her client knew what Frett used his boat for when he loaned it to him.
She argued that the matter should be heard separately from Frett’s case, which was agreed by the court.
The matter was adjourned to May 27, 2020, for continuation.
Sentencing delays
Mr Frett, along with an already sentenced Bryan D. Bolan, was found entering the Virgin Islands while the borders were closed and a curfew in place on Friday, April 3, 2020.
He had pleaded guilty on April 6, 2020, to Illegal Entry, Breach of Curfew and Smuggling, but sentencing was delayed to allow for him to be quarantined.
Sentencing was further delayed on April 23, 2020, to allow the defence and crown to properly face the issue of the new information that Mr Frett was allegedly part of a smuggling ring.
Sentencing was set for April 30, 2020, but adjourned to May 1, 2020, to allow the defence to submit to the court its references to authorities presented in mitigation.
After the decision was made to have the Newton hearing, Mr Frett, through his attorney, said he was willing to get on with the sentencing and not waste any more of the court's time; however, when asked by the Magistrate if he was accepting what is in the 'report', including about him being in a smuggling ring and profiting from the illegal acts, Mr Frett declined acceptance.
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28 Responses to “Newton hearing in Tambu Frett’s case to go on despite lawyer's opposition”
GOD is watching you remember that.
Defense attorney Stephens is bang on target. The forfeiture hearing is like a "VOIS DIRE" [ A TRIAL-WITHIN-A-TRIAL] and all evidence, must be administer under oath or in a sworn affidavit.
The actual sentencing of a convicted person has nothing to do with the forfeiture, of the conveyance used during the commission of the offences.
If you do the crime you must do the time [Just pass sentence] and lets move on, to forfeiture hearing.
I agree with The blogger SMH: They put a new DPP, so they have to appear as though they doing something.
But in reality,they just doing-ABSOLUTE NONE-SENSE!!
Ms Stephens-Gordon please. Thats not the case here. Ill just rest this here.
On vino, we are the court of "Public Opinions" and that's the only court in the BVI,to which we have access.
It is a principle element of justice, that the burden of proof, relies on the prosecution to prove its case beyond a reasonable doubt.
Attorney Stephens is a competent,and experienced, former senior magistrate.The criminal court is her dormain-backyard.
She is more qualified than our DPP.
We of the legal team,strongly believe that he knew what was going on with his boat, but in the real court-of-law, the police and the DPP must bring the evidence of Knowledge-by-actions [actus reus] and knowledge-of-guilty-mind [mens reus] to prove beyond a reasonable doubt,that he knew.
In our court of "public opinions" ,he is guilty,but can the DPP prove him guilty in a ["COURT-OF-LAW"]?
Sorry, but the criminal justice is for everyone of us in the BVI.
The Governor, is the only person in the BVI,who is immune to criminal prosecution in the BVI,He can only be prosecuted in the UK.
I say that to say---
Always remember, never wish bad for a person who is before the criminal justice system,before a court-of-law, and never allow persons who have the responsibility to administer justice, to abuse that authority; because tomorrow in society,you might be before the same criminal justice system,and you will also want justice:
The motto of legal team is:-
"[ IF YOU DO THE CRIME,YOU MUST DO THE TIME"] Legal team respect everyone in society,and we respect authority.
It is better to say:-
[" LET JUSTICE PREVAIL AND LET JUSTICE REIGN-LIKE-RAIN"]
Its illegal,because his phone is his private property under the constitution,and privacy of a person is a " fundamental human rights and freedoms" under the BVI Constitution.
One day,our beloved bvi will be liberated from injustice.
We on vino, are the court of public opinion,we will blogg.
R***** done play in her own mind that win loose or draw she going ahead to deterant we,and if we don't like her poison mind sentence we can appeal. so appeal, but wen layman ppl show dem law on appeal we cussing for bringing out the law...appeal dis abuse.
same thing with news ppl,as soon as the news challenge the actions of the police,politicians and governor we quick to say the news ppl doh like ppl in high position.
it doh matter what high position someone hold in a country all that person doing is occupying the office of that position and you suppose to execute the office of that position.
dpp,cpp rpp or mag is just a position of justice for the country,some ppl to like think that go after a case with no evidence to justify the case is passion for the job but on the outside them making a fool out the system.
a commenter simple writing out the law, and sayin how law suppose to work,some of you vex that we seeing the light by just reading comments on news,and instead you say this writing may be some kind of genius of law we quik to say ppl playing bush lawyer,i thought a bush lawyer is a person who don't know nothing a bout law,,,
me is bush lawyer cuz me ent know notting bout law but I now reading about law..