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January 08, 2009, 02:45:50 PM

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76343 Posts in 4151 Topics by 859 Members Latest Member: - Shante22 Most online today: 40 - most online ever: 66 (June 14, 2007, 11:37:46 AM)

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Author Topic: Sandys man acquitted  (Read 1343 times)
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sigh
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« on: October 06, 2005, 12:12:25 PM »

 Angry

I am absolutely disgusted that the 20-year-old man charged with intruding upon the privacy and causing alarm, insult or offence to a number of women, was recently acquitted in Magistrate's Court. (Royal Gazette, October 6)  I am so furious that this has happened, as I was one of the women that he did this too!  This man is DANGEROUS and I am warning all women to be careful. The best word that I heard to describe him was a "budding sexual predator".  He is FREE and will no doubt offend again.  So please, be careful out there.
As an expat, I was unhappy in Bermuda before because of the way that I feel mistreated by the locals.  You know, poor customer service, resentment, etc.  Now I am really ready to leave this island and never return!  It is a sad day that the police worked so hard to catch this guy and justice is not served!  Boy, am I ever glad that there is a rant room.....


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« Reply #1 on: October 06, 2005, 02:07:33 PM »

Sigh, I really feel for you. Another disgraceful piece of Bermuda 'justice.'  I hope you are able to recover from your ordeal. It scares me that this young man is free to pester other women. I don't know the ins and outs of the court hearing, but surely the word of the women present should have been more than enough.

From the RG: "The prosecution had to prove that he alarmed, insulted or offended the women and that he meant to do it.
Mr. Warner found him not guilty on all four counts because he was not convinced that the young man meant to cause alarm.
He also told the court that he had not heard Crown counsel Shakira Dill make a similar evidence argument for the four charges and thus he had to examine each charge separately instead of examining the evidence of all the charges together.
Moreover, he told the court that if the Crown had used the argument that the charges had similar facts ?there may have been a completely different outcome?. "

Story in full at http://www.theroyalgazette.com/apps/pbcs.dll/article?AID=/20051006/NEWS/110060085

Didn't mean to cause alarm... hmm, trying to lure women into quiet areas, not alarming. If it were innocent, he would have helped them on the spot. So he studies car mechanics, big deal. I am a writer, but I don't find it necessary to take aside everyone who puts an apostrophe in the wrong place to 'help' them. Although in the case of government copy it is tempting (but that's for another conversation).

In a shameless plug, everyone, please read again the article 'Breaking the Silence' on bermudasucks.com. Also, there are some great clubs  - try www.karate.bm - that can teach some self-defence skills.

Wherever it is that you're travelling back to, Sigh, stay safe and I really hope it works out for you. I applaud you in reporting the offender and going through the court process, I'm so sorry it didn't work out for you.
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« Reply #2 on: October 06, 2005, 07:50:45 PM »

Island Legend,

Thank you for your support!  You have no idea how much I appreciate the kind words. Like you, I thought that the words of the women testifying would have been enough.   Or even the fact that this happened to 20 other women who were all concerned enough to make a complaint to the police.  Apparently not in Bermuda!  I thank you for posting the link to the RG and I hope that everyone reads it and becomes aware of this situation.

Didn't mean to cause alarm... hmm, trying to lure women into quiet areas, not alarming. If it were innocent, he would have helped them on the spot. So he studies car mechanics, big deal. I am a writer, but I don't find it necessary to take aside everyone who puts an apostrophe in the wrong place to 'help' them.
Great examples.  Let me also add....how about the fact that NOT ONE WOMAN actually had a problem with her vehicle? 

So thanks again Island Legend!  VMS-how about giving him a karma point or two for his post?  Smiley
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« Reply #3 on: October 06, 2005, 08:13:42 PM »

VMS-how about giving him a karma point or two for his post??

Island Legend is getting to legendary status fast...?? ?Cool

I'm delighted to give an additional karma point to each of you.


Boy, am I ever glad that there is a rant room.....

Girl, am I ever glad that you have joined the forum.



FYI - members with at least 10 posts can applaude to increase another's karma, or smite to decrease it.
« Last Edit: October 06, 2005, 08:20:18 PM by V. M. Smith » Logged

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« Reply #4 on: October 06, 2005, 10:39:19 PM »

 Grin

Read between the lines folks - the judge had no choice but to find him not guilty, because the crown failed to make a motion that the evidence should be considered as a whole rather that evidence for count 1 considered for count 1, evidence for count 2 considered for count 2, etc.? The judge blasted the crown for that, suggesting that if they had, he could have looked at the big picture and found him guilty, but under the curcumstances, he had to look at each count on its own merits.? None of the 4 counts was worthy of a conviction on its own.? There were 19 people that were approached by this guy.? All the crown needs to do is grab four more and charge him, presenting the evidence per the judge's suggesteion - as "related evidence".

The crown ****** up...
« Last Edit: October 07, 2005, 06:33:36 AM by V. M. Smith » Logged
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« Reply #5 on: October 07, 2005, 12:26:30 PM »

Great to chat to you all...

Andrew, I hope that you're right and that the crown has the opportunity to try again with more of the victims. Not that anyone else should have to go through what Sigh experienced, but if it puts the dude away...
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« Reply #6 on: October 08, 2005, 02:42:43 PM »

Is there anyone overseeing the performance of the crown counsel? And why is a mistake so seemingly basic made? Lack of resources, lack of experience..?
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« Reply #7 on: October 08, 2005, 05:35:31 PM »

lack of accountability

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« Reply #8 on: October 09, 2005, 11:31:01 AM »

Also a big part was due to the judge.  The magistrate that oversaw the trial made the acquittal after only 2 days!  The police expected that the trial would take at the very least one week.  The judge:
-did not allow evidence for one of the 4 charges to be read into record.  His excuse was that the victim was in Paris and since she wasn't in Bermuda he wasn't going to allow it.
-did not allow the trial to be moved to the Supreme Court.  Even though there was reason for it to be moved there and both the crown and the defense wanted it there.  (Although I am sure that the defense is laughing now)
-did not hear testimony from the police regarding their investigations and interviews with the accused.
-made a comment on the first day that the accused shouldn't be charged with invading privacy because how can you invade privacy in a public place?  Now I wasn't in the courtroom at the time, but apparently his reasoning was along these lines....(this example was given to me by someone inside.  I can not confirm whether or not the judge actually made it)... Invasion of privacy can't happen in a public place.  If you woke up in the middle of the night and there was a man standing over your bed, then he is invading your privacy.  Okay, call me crazy, but if there is a man standing over me in the middle of the night, shouldn't he be charged with breaking and entering? 

This judge had already decided what the outcome would be early on.  The trial was a sham.
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« Reply #9 on: October 09, 2005, 12:09:43 PM »

I read a story a while back where the judge was asleep at the bench in the middle of a case. He had to be woken by the court clerk. Reading your description, it may have been better if your magistrate had been asleep during the case. Couldn't have had a worse outcome.
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