Was Sistah Joyce’s sentence an example of an unfair court system?
But of late it has not only been Sistah Joyce who has been commenting about a perceived unfair system. This debate in fact seems to have been sparked by a recent case whereby a man pleaded guilty to defrauding at least three persons but seemed to have obtained the leniency of the court as he was spared jail time and only made to pay a small fine.
In the case of Sistah Joyce, she was given a two-year sentence suspended for three years and $40,000 fine by the then Senior Magistrate Valerie Stephens on September 11, 2012 for possession of 452 grams of cannabis for the purpose of distribution.
The popular calypsonian had labelled the hefty fine as an injustice which had put a heavy burden on her and family. “$40, 000 with two months to pay it and two years suspension with three years probation and then she [Stephens] turn around and give a young man who get caught with more marijuana than me about two months after and he was fined $30, 000 with 6 months to pay it.”
“She making me feel like she feminist or she hate me or something and she don’t even know me, it was my first offence and while I am not condoning what I did because Marijuana is illegal, so the system say, I was still looking for fairness. Even though I took full responsibility, I felt like there was no fairness...She putting me in a real struggle to find $40, 000. There is now way in the system that they could justify that large fine. If someone could come forward and tell me what happen I would understand but right now I am still puzzled,” Sistah Joyce had told Virgin Islands News Online in December 2012.
The case which has sparked debate of an unfair court system involved Mr Simeon Pope, who was on March 15, 2013 found guilty on seven counts of obtaining property by deception by a jury of 9 in the High Court. Shortly before the jury returned the verdict, however, Pope changed his plea to guilty, which was subsequently accepted by Justice Albert Redhead.
The defendant was accused of defrauding three men who alleged that they had paid him sums of monies for the purchase of used government vehicles.
Pope was fined $3000 which is to be paid within 2 months. He was given a suspended sentence of 3 years for each of the seven offences committed. The sentences are to run concurrently and will be put into effect if Mr Pope is to appear before the court for any offence within one year.
The defendant also fully repaid $3,900 to the three men who had filed the charges against him.
Sistah Joyce told Virgin Islands News Online that she has taken note of the recent case with Mr Pope and even intends to do a song about it. She, however, said she didn't wish to say more about her thoughts on what she has perceived as an unfair court system but would be more than willing to do so on another occasion.
Mr Pope, however, doesn’t seem to think one bit that the court system may be flawed and noted without any ambiguity that he was in total agreement with Justice Redhead’s decision.
"I believe in the judge," and "I think it was a fair decision," were the words of Mr Pope when contacted by Virgin Islands News Online.
This news site also sought to get the opinion of the ‘man on the street’ about his thoughts on the court system and whether sentences seem to be handed down in a fair manner.
“I think most of the time the decisions seem to be fair but there are a few debatable ones that I know of personally,” said a Mr Frett, who didn’t wish to state his first name nor did he wish to give examples of the cases he thought the sentences handed down were “debatable”.
“This is a mood thing you know, I could tell you that. I see it for myself. If you want to know if the judge or magistrate going to be nice or not just look at their faces when they step in the court room. If them look vex then you could know that is not going to be good. I see this for myself more than one time,” another man commented.
A man, who identified himself as Gregory, said he felt expats often get harsh sentences as compared to locals. He noted that he was an expat and had friends that are currently serving time at Her Majesty’s Prison in Balsum Ghut.
Gregory’s comments sparked another debate as one of his friends soon rebutted that it was quite the other way around. “Expats does get it easy, look at Sistah Joyce she from here and where Mr Pope from?” he asked.
Meanwhile, Virgin Islands News Online also solicited a comment from a senior Crown Counsel on the issue of a perceived unfair court system. "The man not practising law may or may not understand aspects of sentencing. Some people get emotional and say all sorts of things. But in handing down a sentence there are windows in which the court can operate each window has a maximum and a minimum and that's a privilege of the judge or magistrate based on their view, within the ambit of the law that is, to institute a sentencing.”
According to the Crown Counsel, some people may feel that sometimes unfair sentencing takes place but in most cases the facts of the case, the accused or defendant's reaction, and demeanour in court, do influence their penalty.
“So while some people may say a judge or magistrate wake up on the wrong side of the bed, they just have to ensure they put themselves in order when they turn up to be sentenced or even during the preliminary hearings and don't set themselves up for the worse of worse case,” the Crown Counsel stated.
In any case, fair or not fair, persons would surely be eager to hear what calypso queen Sistah Joyce will have to say about the court system in her song currently in the making.
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32 Responses to “Was Sistah Joyce’s sentence an example of an unfair court system?”
Pope should have received a stiffer sentence, no doubt about that, he plead guilty only when he knew his pants were round his ankles and he couldn't get them pulled up anymore.
Sadly the court system here and abroad is full of inconsistencies as our the laws that guide the judges.
In my opinion, you were not treated unfairly. You got what you deserved. Again, in my opinion, Mr. Pope unfairly benefitted from his "connection's connection" to the powers that be.
If you are keeping track (and I am) you will see that those who have the benefit of "political favour", rarely (if ever) pay the true price of their transgressions. Sadly for you, you are not "connected".