a. Make a phone call: to a lawyer or relative or anyone
b. Ask to see a lawyer immediately: if you don’t have the money ask for a Duty Council
c. A Duty Council is a lawyer provided by the state
d. Talk to a lawyer before you talk to the police
e. Tell your lawyer if anyone hits you and identify who did so by name and number
f. Give no explanations excuses or stories: you can make your defense later in court based on what you and your lawyer decided
g. Ask the sub officer in charge of the station to grant bail once you are charged with an offence
h. Ask to be taken before a justice of The Peace immediately if the sub officer refuses you bail
i. Demand to be brought before a Resident Magistrate and have your lawyer ask the judge for bail
j. Ask that any property taken from you be listed and sealed in your presence
Cases of Assault:An assault is an apprehension that someone is about to hit you
The following may apply:
1) Call 119 or go to the station or the police arrives depending on the severity of the injuries
2) The report must be about the incident as it happened, once the report is admitted as evidence it becomes the basis for the trial
3) Critical evidence must be gathered as to the injuries received which may include a Doctor’s report of the injuries.
4) The description must be clearly stated; describing injuries directly and identifying them clearly, show the doctor the injuries clearly upon the visit it must be able to stand up under cross examination in court.
5) Misguided evidence threatens the credibility of the witness during a trial; avoid the questioning of the witnesses credibility, the tribunal of fact must be able to rely on the witness’s word in presenting evidence
6) The court is guided by credible evidence on which it will make it’s finding of facts
7) Bolster the credibility of a case by a report from an independent disinterested party.
1 comment:
Both are minors in the eyes of the law. More pertinent to the case, what was the nature of the alleged molestation? It may have been simple experimentation, or it may have been an act of aggression. In either case the reaction of the residents is simply WRONG. Mob violence cannot be condoned, not against an adult and especially not against a child. Were any of the adults involved in the attack on the 15 year old taken into police custody? Had the police not arrived and taken the adolescent into custody, what would his fate have been?
I think as Jamaicans we are so mortified by issues of sex and sexuality, that we fail to see the real moral issues at stake in the society... and in this case, it is the mob attack on a minor which needs to be urgently addressed (Or have we all become so barbaric and ignorant that we fail to see this as the crime?)
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