Local and overseas environmentalists have joined forces to save the island’s most endangered species of bird — the Jamaican Blackbird. Scientifically known as Nesopsar nigerrimus, the Jamaican Blackbird is also called wine pine sergeant and is said to be found in deeply forested areas. The creature, one of Jamaica’s 28 endemic species of birds, is believed to feed on insects found in wild pine trees and prefers higher elevation woodlands. An action plan was recently proposed and developed with the help of local players and international NGO Re:wild during a workshop, president of Wildlife Jamaica Damion Whyte told the Jamaica Observer. The workshop was sponsored by the Critical Ecosystem Partnership Fund (CEPF) and featured representatives from the Forestry Department, National Environment and Planning Agency, Jamaica Conservation Development Trust, the Maroons and other stakeholders from the Cockpit Country. “Bird experts met to come up with a plan on what we are going to do to prevent the bird from being extinct,” said Whyte. Whyte said that the first step in their action plan was to conduct intensive scientific studies, as very little information is readily available about the creature. Monetary assistance has also been pledged by the CEPF to support the implementation of the action plan. “We don’t know basic ecological stuff about the bird…we need to know more stuff about the habitat, what it really eats in the wild pine where it is found. We don’t know if the population is mixing — if they are not mixing, we could have some inbreeding going,” he said. Noting that the Jamaican Blackbird can be found in the Blue and John Crow Mountains, Cockpit Country, Portland Bight Protected Area, among other marine parks, Whyte said, “Birds like this are what we call an indicator species, so based on the areas that you find them, they let you know that the forest is good”. He stressed that the Jamaican Blackbird is visibly different from the blackbirds seen on electricity lines and around towns as its lumage is all black, its tail is short, and the bill is moderately long and slim. In the meantime, Whyte’s concerns were very evident as he pointed out that the bird’s habitat were at stake, thus increasing its risk of extinction. “Because it is a forest specialist, and we have few areas that have good forests, it is restricted to these areas and their numbers are very low so they are at a high risk of becoming extinct,” he told the Sunday Observer. “Then we have another threat where people chop down the forests. When you replant a tree it takes some time for the wild pine to grow back, so what do they eat during this time? We don’t know, so we came up with this plan of action for what we think we can do in the next five years to ultimately protect the birds,” said Whyte, who is also a biologist. In addition to habitat loss caused by farming and development, the extinction threat has increased with climate change. In 2020 the International Union for Conservation of Nature (IUCN) Red List of Threatened Species — the world’s most comprehensive information source on the global extinction risk status of species — reported that the Jamaican Blackbird population was decreasing. According to IUCN, the global authority on the status of the natural world and the measures needed to safeguard it, while “the population is estimated to number 2,500 to 9,999… based on an assessment of known records, descriptions of abundance and range size”, there were between 1,500 and 7,000 Jamaican Blackbirds across the country’s forests. Noting that the species is not migratory, the IUCN Red List further stated that there are several threats to the bird’s existence such as wood and pulp plantations, resident and commercial development, wood harvesting, and mining. At the same time, Whyte told the Sunday Observer that plans are in place to implement a monitoring programme for the bird, similar to what is being done in the Blue and John Crow Mountains. Additionally, Whyte said, there is an obvious need for a public awareness campaign on the importance of the Jamaican Blackbird to the ecosystem and that is also in the pipeline. “We are also going to implement a plan where citizens take pictures if they see them…or if somebody sees a nest, so we are going to get the people involved. The next thing we want to do is find a way to get the public to know about the Jamaican Blackbird because everybody sees all kinds of blackbirds and they don’t know about it,” said Whyte. Caribbean Alliance Director at Re:wild Dr Jenny Daltry told the Sunday Observer that she is optimistic about the plans being made to save the species of birds. Dr Daltry explained that Re:wild, co-founded by Hollywood actor Leonardo DiCaprio, has pledged to work closely with Jamaican environmentalists, whom she pointed out are very educated in the field. “I work around the world and many other Caribbean countries, but I am just blown away by the expertise here in Jamaica. I am very optimistic that the country can actually ensure the continued survival of this amazing bird,” said Dr Daltry. “I’m hoping to keep in touch and help support the partners here so we can implement the plan and make sure this amazing bird in its habitat doesn’t get lost because that would be a real tragedy for the country and the world,” she added. Dr Daltry noted that while she, too, is unfamiliar with the Jamaican Blackbird, the information presented by local environmentalists points to a need to preserve the forest and in turn keep the birds alive. “I learned a lot. This species is not one I know very well. It is very unique and it only survives in real mature old forests. That is related to the reason why it is disappearing because forests are declining or becoming degraded in Jamaica,” Dr Daltry said.

A self-styled car dealer who claims that he was hired by Portland businessman Everton “Beachy Stout” McDonald to douse his wife Tonia with “black acid to dismantle her” because she cheated on him, was on Friday painted as a career police informant who, in doing business with members of the criminal underworld, was routinely used by the police to testify in court matters. The prosecution witness, who initially took the stand Thursday afternoon during the ongoing trial at the Supreme Court in downtown Kingston, testified that he met with McDonald on three occasions between 2019 and 2020 and received $60,000 to purchase the liquid to carry out the “mission”. He, however, claimed that he aborted the mission because Tonia “was too beautiful”. The St Catherine man claimed that in abandoning the effort, he called a cop he knew as a friend, told him about his experience, and further went to the police station and handed over the bottle of acid. He said he then accompanied the cop to the supermarket where Tonia worked, pointed her out to him, told him about the plot McDonald had, and left Portland. On Friday, McDonald’s defence team, in attempting to discredit the witness’s evidence, took him to task about his admissions on Thursday that he had been charged for murder, conspiracy to commit murder, and robbery with aggravation and was in custody in May 2020 prior to this trial. The witness, in responding, said he had pleaded guilty to the lesser charges under a plea agreement since this year and had been let off. Attorney Ryan Jon-Paul Hamilton, taking the first jab at the witness, said, “So you are in fact also a professional witness?” Hamilton, ordered by trial Judge Justice Chester Stamp to “Break down that question into something more digestible”, said, “In the course of you buying and selling motor vehicles, you would do business with people involved in criminal activity and you are aware that were involved in criminal activity?” to which the witness replied “Yes, sir”. He admitted under further questioning that he had a prior conviction in 1999 which, he said, he had forgotten because he has “high blood pressure [and] can’t put everything on [his head]. “I have to take nine tablets every day,” he told the attorney. Asked by Hamilton whether he assisted the police “from time to time when criminal cases are to be made out”, the witness said “I disagree”. However, when pressed further he said, “Sir, a have to work with the police.” But he took umbrage when the attorney went further to suggest that he had been working with cops for a “quite a long time”. “Like how long, sir? A you a tell me, sir, I don’t know,” the witness said before later conceding under further probe that “Sir, if I am asked to assist, I assist”. That line of questioning was, however, discontinued after the trial judge, in commenting that “everybody should give assistance to the police”, instructed Hamilton to move on. In the meantime, asked if he had been involved in criminal activity for more than 20 years, the witness replied, “No sir”. He, however, admitted to questions about his criminal past with almost nonchalant ‘yes sirs’ interjecting at one point that “Beachy Stout is a criminal too”. He maintained his stance that he did not intend to carry out the order to mar Tonia’s visage with the corrosive substance even though he went to lengths to source it. “Sir, it’s all about money making, sir; I wasn’t going to do it,” he said. The witness, in the meantime, was dismissive of the attorney’s efforts to paint him as someone who had benefited from a deal in exchange for information. He insisted that while he had been approached by a cop to give evidence against McDonald while he was in custody in 2020 for other crimes, he had given the statement of his own volition and had acquired and paid for an attorney to defend him on those charges independently. Told by Hamilton that he had never met McDonald and had never collected any money from him for any reason, the testy witness replied, “So weh yuh a tell mi seh? A lie mi a tell pon Mr McDonald, I disagree”. “You are here giving evidence because of promises made to you,” Hamilton said, to which the smirking witness replied “Disagree”. He, however, told the court that while in custody he had spoken to a cop and told him of McDonald’s plot. Taking the stand on Friday, the said cop, who said he had spent 35 years and two days in the constabulary and has investigated some 2,000 matters, told the court that he knew the witness and considered him a ‘friend’, even though he had arrested and charged him for larceny in the past. “He is somebody who will talk, and if I have something to do I can ask him to go purchase it and come back, and at times I also receive information from him against perpetrators involved in criminal activities,” the detective corporal testified. The veteran cop also corroborated the witness’s statement that he had turned over the bottle of what he said was black acid to him and told him the plan as well as accompanied him to the supermarket where Tonia was working. The lawman, who said he, on that occasion, had introduced himself to Tonia, told the court that he had been unable to get the car dealer to make a formal statement as he claimed to have been fearful for his life. He said because of the absence of this statement he had been unable to label the item as an exhibit or submit it to the State forensic lab for testing. The veteran cop said he later gave two statements of his own to the investigators into the murder of Tonia. The cop, under further questioning from attorney John Jacobs, refuted suggestions that he was in the habit of fabricating

FORMER Deputy CEO of NCB Financial Group Dennis Cohen has been appointed to head the Operation Restructuring Transformation and Growth (RTG) project at The University of the West Indies (UWI), Mona campus. The Operation RTG project is an initiative geared towards reforming the administrative processes on the campus. Designed to restructure, transform, and drive new areas of growth within the Mona campus the project will involve a comprehensive review of critical portfolios within the Office of the Campus Principal, the Registry, the Bursary, and the Office of the Deputy Campus Principal to enhance efficiency and alignment with the campus’s vision and mission. Operation RTG will be facilitated by a broad-based committee consisting of an executive steering committee chaired by Cohen and also a larger working steering committee reporting to the Executive Steering Committee, of which Cohen is also the chair. The committees, supported by a consultant, will work to achieve the project’s aims and objectives. It is anticipated the results from the work of the committee will be presented by the second quarter of 2024 for implementation during the 2024/2025 academic year. Cohen, a chartered accountant and business executive with more than two decades of experience in the financial sector, is expected to carry a wealth of financial acumen and leadership to The UWI, Mona campus. “I’m eager to contribute to the transformation at my alma mater, paving the way for sustainable growth and innovation in the higher education market,” Cohen said as he expressed enthusiasm about giving back to The UWI. “This opportunity aligns perfectly with my commitment to fostering positive change and innovation,” added Cohen, who, along with his boss Patrick Hylton, was cut from NCBFG in July. The two are now in extensive negotiations with the group over the settlement in relation to their separation. At the centre of the negotiations is the size of the separation package for the two men who served the financial conglomerate for the last two decades, including the value of the compensation the men should receive for shares they were asked to surrender in July 2021. In the meantime, principal of The UWI, Mona campus, Professor Densil Williams, said the university is delighted to have Cohen on board. “His wealth of executive experience at the senior level and his innovative thinking are assets that will enable him to deliver tremendous value to our UWI, Mona campus in his new role as we aim to transform our administrative processes,” added Williams.

THE joint select committee reviewing the Integrity Commission Act has rejected a proposal from St Catherine South Western Member of Parliament Everald Warmington for the prosecutorial powers vested in the Integrity Commission (IC), through its director of corruption prosecution (DCP), be removed. In a multi-pronged submission in March, Warmington, a member of the Andrew Holness-led Cabinet, had argued that with the IC being a committee of Parliament, maintaining prosecutorial powers “would have the effect of Parliament setting up its own investigative arm which proceeds to criminally prosecute a special category of persons”. He insisted then that this was inconsistent with Jamaica’s democracy and constitutional arrangement, where crimes are investigated by the police and prosecuted by the Director of Public Prosecutions (DPP). Warmington had further argued that the provision of the IC Act, which vests prosecutorial powers in the commission, should be deleted as those powers are constitutionally vested in the DPP under Section 94 of the constitution. On Thursday, when members of the parliamentary committee deliberated on the proposal, Justice Minister Delroy Chuck sided with Warmington as he argued that the prosecution arm of the IC should properly rest in the office of the DPP. “I agree with Minister Warmington that the persons [who prosecute on behalf of the IC] should be accountable to the DPP, which effectively is what the Section [94] implies,” said Chuck as he argued that the legislation governing the IC should be amended to say that the DCP should be seconded from the office of the DPP. But this was quickly shot down by committee member Julian Robinson who charged that Chuck was conflating two issues. “The nature of the appointment of the director of corruption prosecution, in my view, should have nothing to do with the office of the DPP. It just so happens that the person who is the incumbent is seconded from that office. But from my perspective that recruitment should be independent of anything to do with the DPP,” said Robinson, who sits on the Opposition benches as the MP for St Andrew South Eastern. He underscored that the DPP has the final say on whether any prosecution goes ahead, so even if the DCP takes a matter to the courts this can be taken over or halted by the DPP. “I don’t believe that you need to move the director of corruption prosecution,” Robinson said as he noted that the post was created to ensure than someone is dedicated to the job of prosecuting cases of corruption. “From where I stand, I would not support the removal of the director of corruption prosecution and I believe the safeguards that are there to guide against someone who may be overzealous exist, because the DPP can overrule,” added Robinson. He was supported by Government Senator Sherene Golding Campbell who questioned the mischief which Warmington was trying to correct. Golding Campbell, who recently used her contribution to the State of the Nation Debate in the Senate to back another Warmington proposal which calls for the auditor general to be removed from the bodies eligible for appointment as IC commissioners, reminded the committee that any amendment that it proposes should be designed to make the system better. “As far as I am aware, the DCP has been operating in the role and I don’t know that we have any issues with how the role has been performed,” said Golding Campbell. Opposition Senator Donna Scott Mottley was also quick to join those opposed to the Warmington proposal as she underscored that the DCP has to operate in accordance with the prosecutorial code of practice. “But it also goes further because it provides that if there is a difference of opinion between the DCP and the director of public prosecutions in relation to a matter, then the opinion of the director of public prosecutions shall prevail. “So I think that there are sufficient checks and balances in this legislation which should assure everyone that the DCP is not on a frolic of her own,” added Scott Mottley. In his response, Warmington argued that the Privy Council had already ruled in a similar case when it determined that the Independent Commission of Investigation did not have the power to prosecute. The same, he said, should apply to the IC. He argued that unless Section 94 of the constitution is amended, the IC could not be given the power to prosecute. But in the final word, Solicitor General Marlene Aldred pointed to the section of the constitution being relied on by Warmington, which outlines the powers of the DPP. “So anybody can institute [criminal proceedings] but the DPP has the sole authority to take over any prosecution that was instituted and the DPP has the sole power to stop them or continue them,” noted Aldred.

A purported car salesman who said he was commissioned by Portland businessman Everton “Beachy Stout” McDonald to douse his wife Tonia with “black acid to dismantle her” because of suspected infidelity, told the court that he aborted the mission because she was too striking. The new prosecution witness, who took the stand Thursday afternoon, testified that he met with McDonald on three occasions between 2019 and 2020. He said, in meeting McDonald for the first time alongside an individual who introduced them in a car park beside a supermarket McDonald owned in Port Antonio, the businessman told them that “a pure problem” his wife “a give”. “She nah come home most a di nights… a give him pure bun [infidelity], and him want mi to get some black acid and dismantle her,” he testified. He said McDonald, on that first occasion after they begged him “gas money” to go back to Linstead, gave them $50,000. He told the court that on a second trip, still in 2019, he again met with the businessman in the same car park at which time he claimed that he was shown a “short cut” behind the supermarket and told he could walk there to get to the main after completing the “mission”. Asked by the prosecutor marshalling the evidence what the mission was, he said, “to burn him wife with black acid”. According to the witness, on that occasion McDonald instructed him to walk behind him and lead him into the supermarket where he said the businessman proceeded to talk to a cashier who he described to the court as “a very, very beautiful lady”. “She was very pretty. He indicated to me that she was his wife. He stood up next to her and [gesturing, mouthed] ‘a she, a she’,” the witness claimed. He told the court that he then walked over to the unsuspecting wife and said to her, “You are so beautiful,” at which she smiled. He said in meeting up with McDonald moments later in the car park he was handed $60,000 for the purchase of the black acid. The witness claimed that some days later he visited the Salt Factory in St Catherine where he gave a friend some money to purchase the corrosive substance. He said upon being handed the liquid in a glass bottle with a gold cap he waited for more than a week before returning to Portland on a day in 2020. He said once there and in the same car park he handed the purchase to McDonald, who met him. He said the businessman opened the bottle, “take a little tip and put it on his hand… make up his face like something burn him, and then smiled and say, ‘Right stuff’ “. He said McDonald then secured the acid in an upstairs room and led him to a plaza where he showed him his wife sitting under a hair dryer at a salon. He said McDonald, who didn’t stop but kept walking, then returned to the car park where he told him that he could carry out the act right where he had seen Tonia. “Mi seh to him, ‘Mi a go deal with it.’ Gimme back di acid right now. He went upstairs, took the bottle and handed me it. I walked towards the place where the beautiful lady was under the dryer and slip through a gas station because mi nevah a go do wha him tell mi fi do. So mi slide through a gas station wid di acid,” he told the court. Asked why he did not carry out the mission, he said, “Sir, that lady was too beautiful, I could not do har that, I’m not that kind of person.” At this point trial judge Justice Chester Stamp quipped: “So if she wasn’t beautiful, you would do it? The witness later told the court that in walking away he called a cop he knew as a friend and told him, and further went to the police station and handed over the bottle of acid. He said he then accompanied the cop to the supermarket and pointed out Tonia to him and told him about the plot McDonald had. He claimed he left Portland and had no further contact with McDonald, but made his first statement to the police about the crime in 2020 when he was in custody for another crime and saw that the businessman had been arrested for the death of his wife. The witness admitted that since then he was convicted for two offences and pleaded guilty under a plea bargain arrangement. McDonald and co-accused Oscar Barnes are on trial for the July 20, 2020 murder of Tonia, whose partially burnt body was found on the Sherwood Forest main road in Portland with multiple stab wounds. McDonald is accused of ordering the murder of Tonia, while Barnes, who was allegedly hired by another man, Denvalyn Minott, is accused of committing the actual murder. The two were married for eight years, up until Tonia’s slaying. Tonia is the second wife of McDonald to be murdered. The probe into her killing resulted in the investigations into the death of the first wife of the businessman being reopened. McDonald is to stand trial for her killing separately at a later date. The matter continues this morning at 10:00.

THE Supreme Court on Wednesday ordered that existing court proceedings in which fraud-hit Stocks and Securities Limited (SSL) is a defendant will remain stayed until the completion of a trial, now set for February 2024, to settle whether the Financial Services Commission (FSC) has the authority to retain management of SSL. The judge-alone trial, which is to be held in open court, was on Wednesday set for February 6-8, 2024. The matter, which is being heard in the Commercial Division of the Supreme Court presided over by Justice David Batts, had been set for trial, beginning Wednesday and concluding this Friday. However, when the matter resumed Wednesday, attorneys for several of the claimants indicated that disclosure was yet to be made in some instances while still others said some requests to the FSC and SSL for information are yet to be responded to. SSL has been under the temporary management of the FSC since January after fraud allegations surfaced, indicating that some 40 clients had allegedly been fleeced of a combined $3 billion from accounts. One individual, Jean Ann Panton, has so far been charged and is to be tried in the Criminal Division of the Home Circuit Court. SSL is currently involved in several open court cases, including with Welljen Limited, a business connected to sprint star Usain Bolt; Jean Elizabeth Forde; Deborah Franz; Mae Elaine Tapper; Jamaica Small Loans and Microfinancing Limited; and Robin De Lisser. Former SSL directors and executives have been listed as additional defendants in amended claims. The FSC, in its statutory role, had obtained court orders to block a move by the SSL to file for bankruptcy. The Supreme Court subsequently ordered that Caydion Campbell, whom SSL had appointed as trustee, and its directors be blocked from disposing of or dealing with assets and liabilities in SSL’s name or its clients’. It further barred them or their proxies from withdrawing, transferring or dissipating any funds from accounts in its name wherever held. The court order also restrained SSL and from winding up or dissolving the company and liquidating the assets. Additionally, the order prevented SSL and its trustees and directors from interfering with the FSC’s team or their work. This includes the work of the recently appointed temporary manager, and to comply with the orders of the FSC whether from its agents or the temporary manager. On June 2 this year, the Court of Appeal had struck down a request for an extension of time to file a notice and grounds of appeal from SSL and Campbell. On Wednesday, the Supreme Court, in the first of 16 Orders sought by the director of state proceedings, ruled that “the continuation of existing proceedings in which SSL is a defendant including these proceedings 1) Robin De Lisser against SSL and others 2) Welljen Limited against Jean Ann Panton and others 3) Jean Elizabeth Ford against SSL and others 4) Robert Clark, Bryan Clarke and Tanya Wildish against SSL and others, are stayed until the determination of the issue of authority”. Furthermore, “any execution against the properties of SSL, “real or perceived in all proceedings including but not limited to the matters referred to in the first Order” have been stayed “until further order of the Court”. Additionally, the court ordered that “any persons whether natural or juristic intending to commence a claim against SSL shall first seek leave of the court by notice of application”. In making several other orders, the court ruled that with respect to documents not yet agreed but on which a party intends to rely, should be filed and served before January 31, 2024. Welljen Limited, which handled an account for Jamaican sprint great Usain Bolt, has taken the former SSL client relationship manager Jean-Ann Panton and SSL to court over a decline in Bolt’s portfolio value from US$12.76 million to US$12,048. Jean Elizabeth Forde filed a separate claim against SSL, Panton and several directors relating to US$830,000 taken from her account. SSL also had recent court hearings with Jamaica Small Loan and Microfinancing Limited (trading as Boost Financial Services Limited), De Lisser and OGH Jamaica Limited, and Anor.

LEGISLATORS, after weeks of intense deliberations, have agreed to the Government’s proposal for the imposition of a mandatory minimum sentence of 50 years for adults who commit capital murder. The proposed change, under Section 3 (1C)(a) of the Offences Against the Person Act (OAPA), is that, where a capital murder has been committed, the mandatory minimum sentence to be served before being eligible for parole moves from 20 to 50 years. Members of the joint select committee reviewing this Act along with two other pieces of related legislation – the Criminal Justice (Administration) Act, and the Child Care and Protection (Amendment) Act – approved the proposed amendment during a lengthy deliberation at a meeting on Wednesday. Before arriving at a consensus, members expressed varying views about what the minimum sentence for capital murder should be, with some proposing a 40-year sentence. Opposition Senator Donna Scott Mottley said that while she supports sending a strong message, through sentencing, of how abhorrent one feels towards murders, “as a legislator I think it is my duty to show some balance”. She said she believes that the increase in the minimum sentence from 20 to 50 years is “far too dramatic”, and proposed that the 20 that now obtains should be doubled instead. “I find the jump to be extraordinary. I find just the thought of serving 50 years in prison, is to me so repulsive, think 50 years is just too long. My compromise is 40 years,” she said. Even while conceding and “going along” with her colleagues, Government Senator Sherene Golding Campbell said, “I also want it recorded that I’m not really so happy about the methodology by which we come to these decisions.” However, Government members Donovan Williams and Senator Charles Sinclair said they were in full support of the 50 years mandatory minimum for capital murder. Williams said he was in agreement, given the egregious nature of capital murder and the fact that there is possible recourse to the accused under the Plea Negotiations and Agreement Act. Chair of the committee Delroy Chuck stressed that the executive is very firm that punishment for murder must reflect public sentiments and the public interest. “And I think to the fair, the public sentiment and the public interest is asking for harsher punishment for capital offences. The feeling is that for the last 30 years or so, we have had far too many cases of murder being committed in a small country, and even though other measures are being used, the feeling also is that sentence should also reflect the nature and gravity of the offence of murder,” he said. He noted as well that mandatory minimum sentencing needed to be consistent with the new Firearms (Prohibition, Restriction and Regulation) Act, which provides penalties ranging from 15 years to life imprisonment for breaches. In terms of non-capital murder, where the sentence can either be life imprisonment or a fixed term of imprisonment under the OAPA, the committee made some adjustments to the proposal. Instead of the recommended life imprisonment sentence for non-capital murder of 45 years, the committee agreed that this would be 30 years. Under Section 3(1)(b), it was originally proposed that the sentence be increased from 15 to 45 years. The committee also agreed that where a fixed term of imprisonment is imposed, this should not be less than 40 years, and that the convict must serve at least 20 years before being eligible for parole. This was adjusted from the original proposal of 35 years. Deliberations on the remaining Bills are expected to conclude next week. It has also been proposed that under Section 42(F) of the Criminal Justice (Administration) Act, the term of years to be deemed as life imprisonment increases from 30 to 50 years when the offence committed is murder. Under the Child Care and Protection (Amendment) Act, it is being proposed that children convicted of murder serve a mandatory sentence of 20 years in prison before becoming eligible for parole.

THE Integrity Commission (IC) Oversight Committee has accepted a recommendation to increase to $12 million, the statutory declaration threshold for public sector workers. The recommendation, if approved by Parliament, should bring the number of public sector workers now required to file statutory declarations down to 10,000, from the current 40,000. At present, all parliamentarians and public officials in receipt of total annual gross emoluments of $3.5 million or more, as well as public officials who are so advised by notice published in the Jamaica Gazette are required to file statutory declarations. Committee members, however, believe this number could be further revised as the anti-corruption body is now having difficulty examining declarations, some of which have been outstanding since 2018. At Tuesday’s committee meeting, Government member Delroy Chuck pointed out that since 2018, notwithstanding the tens of thousands of declarations that have been filed, it was noticeable that the commission’s Director of Information and Complaints Craig Beresford has revealed that only 1,056 declarations have actually been reviewed. “Obviously, since then, it may have increased… So we will adopt that position to $12 million, because my understanding is that it would have brought it down to about 10,000 declarations. Ten thousand still is a lot, and I think we should still invite the IC to determine what would be a more manageable figure, because to even ask 10,000 persons in the public sector to file and they file every year and they’re not being reviewed, to my mind it’s just a waste of energy and time for these public sector workers because they go into the archives. I don’t know if it makes sense,” he said. Opposition committee member Julian Robinson said that while he supports the move to increase the threshold, he believes the number of declarations will still be too high and recommended that the IC reviews some of the categories of public sector workers that currently have to file to determine whether they should continue to do so. “I believe even down to 10,000 we should ask the Integrity Commission to review some of those categories and from a risk-based perspective determine whether all of the individuals who are now currently required [to file], whether they believe it should be so going forward,” Robinson said. He suggested that two groups that should be considered among the exempt are members of the Jamaica Defence Force below the level of officer, and some doctors. Government member Marlene Malahoo Forte also supported the move as “logical”. She suggested that Parliament needs to hear from the commission what is going to happen in terms of clearing statutory declaration backlogs. “We need to get some more information on the approach that needs to be taken, but it would really be madness to have the same threshold with so many others coming into it. It would really be madness for them, with their inability to examine the existing quantity, and then adding more to it. But I think I’d like to have a more focused conversation with the IC about the approach to be taken, because the truth is that the revelation has left us with much to consider as legislators and policymakers. We have to be agile in ensuring that where models do not work administratively or otherwise, and cannot achieve the goal that we set, then we will have to review, and it makes no sense that some slavishly stick to it when it is not furthering the goals,” she said. In response to this concern, Robinson reminded that Beresford had indicated the need for an amendment for the IC to accept electronic submissions to speed up the examination process and allow for greater efficiency. Malahoo Forte pointed out, however, that an approval for a change to electronic submissions will not impact the existing paper declarations, and the massive backlog. “So let us be clear that approving the electronic submissions will have no impact on the tens of thousands of unexamined declarations,” she said. Government committee member Edmund Bartlett was also of the view that electronic filing would have no impact on what is to be examined, “but certainly it will have impact in terms of the future and the threshold that now obtains will limit the declarations to somewhere in the region of 10,000; and with electronic submissions, we should be able to deal with them faster.” “I think we are in a position, by consensus, to accept the recommendation, but to indicate very strongly the need for greater rigour in a deeper dive into finding a solution which will enable them to effectively complete the examination of all declarations and to avoid the situation that now obtains where a vast majority of the declarants are literally in trepidation as to whether their declaration is seen and, more importantly, when they will be, in fact, signed off on,” he said. Bartlett added that the acceptance of the recommendation is with the proviso that within the three-year period that the IC will need to transition, “a proper and detailed review towards risk-based solution will be engaged”. Public officials and parliamentarians are required to annually submit to the IC, through the director of information and complaints, a declaration of their assets, liabilities and income for the calendar year just ended (or other period where appropriate). Further, any other public official who, or category of public official which the commission requests in writing to do so, is also required to file statutory declarations.

A St Thomas family is grateful no lives were lost when a section of their house in Ramble was destroyed during the magnitude-5.6 earthquake on Monday. One member of the family, who gave his name only as Jhevan, told the Jamaica Observer that he was the only one of his seven family members at home when the earthquake struck. He said he was in bed when he felt the entire house shaking, but was not aware of the damage until after the earthquake. “The first thing that came to my mind was where to run to. I was on the bed first and I realised the earthquake was getting heavier, so I ran out. And I saw the fridge a shake, and I go outside and hold on to the two iron poles until everything cool off,” he said. “I heard the stones rolling down from the hillside around the entire community because most of the hillside did a tear down, so when the stones were coming down we heard them falling because the stones heavy,” he added, noting that the earthquake caused landslide damage at several places within the community. Jhevan said he did not notice the major damage to the house until after the earthquake. “It was after I went back into the house and started looking around I realised the extra light coming from the room, and I realised I can see straight out a road. That was when I noticed the wall gone and the entire bathroom mash up,” he said. Hi uncle, Vincent Richards, said he was sad when he saw the damage but was grateful that no one was hurt. “I just thank God nobody never get hurt and a never the entire house get damage. I was thinking a whole lot a things, and it sad, but I wasn’t that surprised because we live in a world where anything can happen,” Richards said. Lamenting the loss of his sewing machine, Richards said his greatest disappointment, however, was the complete destruction of the bathroom. He expressed concern that another earthquake could lead to more severe damage to the house as there are major cracks within the building. Declaring that this has been his home for more than four decades, he emphasised that he does not plan to relocate, despite his concerns. His focus now, he said, is on cleaning up and moving forward, despite the inconveniences. “I am going to throw some of the old blocks down the gully, and things like that, and just clean up what I can clean up. We will just continue to use the tarpaulin in place of the wall to help keep the things safe, and some people are supposed to come do some assessment and see what can be done,” Richards said while holding his damaged sewing machine. The family said they are awaiting assistance after Member of Parliament James Robertson visited the house on Monday.

Jamaicans were left panicking on Monday as a 5.6 magnitude earthquake hit the island prompting people to flee buildings amid heavy shaking that knocked out power in some areas but appeared to cause no serious damage. Most people reported feeling the tremor for approximately 30 seconds. The quake’s epicentre was about four kilometres west-northwest of Hope Bay, Portland and occurred at a shallow depth of 10 kilometres. Jamaica sits atop the Enriquillo–Plantain Garden fault zone as do Haiti and the Dominican Republic and has been the scene of several earthquakes over many years. Seismologists say that while small earthquakes are common in and around Jamaica — approximately 200 a year — strong ones are rare.

A cook shop operator in St Andrew is giving God thanks after yielding to a feeling of foreboding on Monday morning, a few hours before a magnitude 5.6 earthquake jolted the country and sent a massive boulder plunging into his shop at Two Pass, Constitution Road in St Andrew East Rural. The man, who opted not to be named, said he was about to open the shop when he decided against doing so. “Is like Father God said ‘don’t come and open the shop’. I said alright, I will open tomorrow,” he told the Jamaica Observer. “I was up at the bar,” he said, pointing, “and somebody came and told me that a big stone roll down into my shop. When I came and looked, everything mash up. I even have a six-burner stove around the other side… that mash up… liquor, juice, fridge, everything mash up. I lost everything,” he said. The man, who said the shop was the only source of livelihood for him and his two sons — one 16 years old the and other nine months old — told the Observer that after he saw the damage he cried. However, he said he was thankful that God spared his life as he would have been in the very spot inside the shop where the boulder landed. “I would have been dead, dead, because if I was there I would not have been able to escape. Anyway, mi give thanks fi life,” he said.

Some residents of Denham Town in Kingston believe that prayers from a pastor last week reduced the impact of an early morning gun attack at Wellington Street on Sunday in which one man was shot and injured. “It was just last week the pastor came and warn us; look what happened now,” one resident told the Jamaica Observer in the community on Sunday. Another resident confirmed that a preacher had in fact warned them that blood would be spilled in the community, based on a vision he had. The resident believed that if the pastor had not prayed in the space, people would have died. “Last week the pastor youth prophesied that three men would die on the ‘One a way corner’ and three from the Scream Gang. It was the prayer, that him come pray, mash it up. Me strongly believe that because a whole lot of prediction him mek that I see fulfil,” the resident said. The Observer sought to get comment from the Kingston West police on the incident, but was unsuccessful. However, residents said the shooting occurred between 6:00 am and 7:00 am when gunmen in a motor vehicle opened fire on people who were already up and about doing their Sunday morning chores. According to the residents, one man was shot at least three times and was taken to hospital where he is being treated. Members of the Jamaica Defence Force, who are posted in the community, were said to have challenged the gunmen, but they escaped. Despite attempts by the security forces and social groups to maintain peace in the community, gang activity and shootings are rampant. From January 1 to September 30 this year, the Kingston West Police Division, which has jurisdiction over Denham Town, reported 61 murders. It is unclear how many of the 61 murders were committed in Denham Town, but residents shared that shootings, even with high-powered rifles, happen from time to time. During the Observer’s visit to the community a few hours after the incident, tension was obvious and while some residents refused to speak on the shooting, others were adamant that the senseless and spontaneous acts of violence make their lives miserable. Police yellow tape cordoned off the scene of the attack, which spanned more than 50 metres, beginning just below the Denham Town Health Centre down to North Street. “I am scared. Nobody wants to get shot or die. I was in my house and I heard a lot of explosions. We believe it was Tivoli man come up inna van come fire shot. Nothing is happening in Denham Town more than Tivoli man dem always come fire shots up here. The man who got shot is not from around here. People know him, but he doesn’t live here,” one female resident said. “The gunmen were driving in a van and they also fired at police and soldiers. The place is tense. You nuh see how the place look? Overall, certain people can’t go down the road and certain people cannot come up the road. I don’t know what really caused the incident this morning, but overall I just want this war to done because it doesn’t make sense. This war is going on long time. I don’t see what they are warring for. People have to lock up their shops early. The war is mashing up the place,” the frustrated resident added. Another female resident said things are so bad that even a football competition that was being held to help maintain peace was suspended. “All the peace football competition with all the different corners stopped because of the violence that start back in the community. A lady came out to empty her rubbish and almost got shot by gunmen who were wearing vests in the black [Toyota] Voxy. There is a turf war going on in the community for a long time now between Denham Town and Tivoli; men want to run the community,” she claimed. “Men up here don’t want back the ‘Dudus’ system. They want to live by themselves without anybody telling them what to do.” Her reference was to the days when now incarcerated Tivoli Gardens strongman Christopher “Dudus” Coke held sway over large swathes of West Kingston. “This morning after six o’ clock the black Voxy popped up on Wellington Street and Tulip Lane and start lick pure shot. The man got two shots in his back. I am calling for peace, love and unity. The infant school is just right there beside the clinic. People are afraid to go to the Denham Town Health Centre because nobody wants to get shot. We are all in fear. It cannot continue like this,” the angry resident said. One elderly woman told the Observer that she was awakened by the loud explosions Sunday morning and was so traumatised that she cancelled all plans to venture out on the road. “From morning I want to go up the road and I am afraid. Too much gunshot and it look like it not going to stop. If the soldiers are not here, I don’t come out on the road. As dem gone, me gone in,” she said. “The place has to be cleaned up properly. I am not picking any sides — both up the road and down the road need to stop. I am not telling a lie, I’m afraid. You ‘fraid to send all your pickney go to school. You wouldn’t believe the amount a gunshot that wake me up this morning. Lots of people were awakened by gunshots. Oh God, man! What about the people at the Golden Age Home in the community. Dem supposed to traumatised because a pure elder up there. If me get scared, can you imagine them who can’t move up and down,” she said.

In a significant move towards bolstering Jamaica’s resilience against natural and man-made disasters, the Jamaica Hotel and Tourist Association (JHTA) has launched an Emergency Response Training Guide for the hospitality and tourism sector. “The guide, which was crafted by the JHTA’s Security and Emergency Management Committee, is a comprehensive document tailored to address the spectrum of challenges that Jamaica’s hospitality industry and wider community might face,” JHTA President Robin Russell said at a ceremony on October 25, 2023 launching the document at the association’s headquarters in St Andrew. “From hurricanes and earthquakes to man-made threats, the guide encapsulates a proactive approach towards emergency preparedness, ensuring that our nation’s tourism sector remains a pillar of strength even in the face of adversity,” said Russell. “In a rapidly evolving world, preparedness is our strongest weapon. This guide is proof of our commitment, not only to the safety of our guests but also to every Jamaican. It emphasises industry standards, effective communication, and most importantly, swift and decisive action during emergencies,” Russell added. Camille Needham, executive director of the JHTA, noting that tourism is a cornerstone of Jamaica’s economy, said, “This guide ensures that our hotels, resorts, and allied establishments are equipped with the knowledge and tools to mitigate risks and ensure the safety and well-being of all.” Aldain Reid, chairman of the Security and Emergency Management Committee, who spearheaded the project, said, “Collaboration and detailed research have been pivotal in the creation of this guide. We’ve combined global best practices with our unique local context, ensuring that the guide is both relevant and robust. The JHTA has left no stone unturned in making this a definitive resource for emergency response.” Key highlights of the guide include: * Hazard profiles: customisable for each facility, allowing for targeted and specific preparedness measures; * Emergency response planning: a comprehensive step-by-step guide addressing both natural and man-made hazards; and * Training schedules: emphasising the importance of regular, detailed training for staff across all levels. Describing the guide as “demonstrative of Jamaica’s proactive approach towards emergency management”, Reid said “it will be a meaningful tool for all stakeholders as Jamaica journeys towards a safer, more resilient future”.

A resident of Back Bush in eastern St Andrew who has built a modern family home in a section of a dilapidated structure which houses 30 other people is worried that she will be impacted by the plans of Member of Parliament (MP) Fayval Williams to demolish the rundown building and erect a new apartment complex. Her two-storey, three-bedroom home, which she shares with her two adult children, is attached to a once-abandoned community centre located off Mountain Avenue. The resident told the Jamaica Observer that she has been building the structure over the last 14 years after being given permission in 2009 to occupy the section by Dr St Aubyn Bartlett, the then Member of Parliament for the area. In a letter bearing the letterhead of the MP, which was seen by the Sunday Observer, Dr Bartlett said that she now had the “responsibility for apartment #[redacted] which you now occupy on the Ed Bartlett building [the community centre]”. “You will be required to ensure that your apartment is kept in good condition and do any repair required. You can, however, be evicted from the building if you fail to ensure proper maintenance,” the short letter read. The resident, who said she has spent millions on her house, expressed that she is apprehensive that the structure, which has modern amenities and fixtures, will also be torn down. She and at least three other residents have built, or are in the process of building, modern homes on to the community centre building. The woman said that she was not at the meeting that Williams had with occupants in which she showed them a mock-up of the proposed apartment complex, but heard “my name [is down] to get two rooms. How can I get two rooms when I already have this house?” The clearly apprehensive woman said that “Miss Fayval would have to pay me back for this if it is hit down”. “I would just leave here because it wouldn’t make no sense, because mi nah go live with them inna no apartment when I already have my house. My house is a home,” she stressed. The resident said she and her small family have properly established themselves in the home, which also has two bathrooms, a living room, kitchen, verandah, and upstairs patio. She said she also has legal electricity from a Jamaica Public Service (JPS) pole, which she was able to secure with the letter from the MP establishing her proof of address. She said she is willing to pay property tax if the area is regularised. The resident, who has lived in the inner-city community for 25 years, said she is not in agreement with a complete demolition of the structure. “I believe contractors can be sent in to fix up the building instead of hitting the entire building down,” she said. She also suggested that the MP should make the people who can help contribute towards fixing up the building and to construct bathrooms for people who don’t have the facility. The resident further suggested an alternative solution to a complete demolition. She said a nearby abandoned basic school could be the location for the new apartment, and the community centre renovated and converted into homes instead of apartments. “Miss Fayval can do the apartment over the school, and then people who decide to build and extend can stay on the building,” she said. There are, however, other residents on the other side of the derelict building who welcome the move to transform the structure into an apartment complex. Williams had first pledged to work on getting proper housing for the residents during her State of the Constituency Senate contribution last year. She again gave the commitment during this year’s debate in the House of Representatives last Wednesday. “I am happy to say that recently I showed the residents a mock-up of the design that will go to procurement shortly,” Williams told the House on Wednesday. Included in her presentation was the architect’s rendition of what the building will look like. It depicts a state-of-the-art apartment building with modern aesthetics, complemented by green spaces and a parking area, which is a far cry from the current derelict building. “It is in the final design stages to go to tender. My very ambitious goal is to cut the ribbon on this in the not too distant future,” Williams said. The 30 people now living in the abandoned community centre comprise adults and children from 12 families — including three generations of one family. When the Sunday Observer visited the community, formally known as Hampstead Park in the St Andrew Eastern constituency last year, it was revealed that the building was a significant health hazard for its occupants, with no running water, a leaky roof, and pools of green, stagnant, mosquito-infested water settling in the foundation of the unfinished segments of the two-storey structure. Residents not only reported outbreaks of viruses and various skin infections, but they expressed concern about a dangerous unbarred ledge on the second floor from which they said five children had fallen and sustained injuries ranging from a broken arm to a cracked skull. Some residents have been living in the “captured” space for most of their lives but insisted that while they do not wish to live in that squalor, they have no choice. Former MP for the constituency, the JLP’s Edmund Bartlett, who represented the area from 1980 to 1993, told the Sunday Observer that no one was living in the unfinished building when he had started work on it. “I left there when we were creating the facilities, and then we lost the election [1993] and then… nothing happened there. It’s inner city. You know people don’t make building go to waste, so them end up capture it and take it over…and that was the end of that,” said Bartlett. “It really was, in my mind, a real travesty of development, because the building offered a chance for development and

CHRISTIANA, Manchester – With a display of unity between former aspirant Ethnie Miller Simpson and Valenton Wint, People’s National Party (PNP) President Mark Golding has urged supporters to make use of the party’s “best chance” to regain Manchester North Eastern in the next general election. The constituency, dominated by the Jamaica Labour Party’s (JLP) Audley Shaw for 30 years, is being eyed by the PNP with growing speculations as to whether the incumbent will contest the next parliamentary election. Shaw is yet to say publicly if he intends to remain in the seat. “Long time North East Manchester don’t get a PNP MP. Long time! Me see dem give Audley the Order of Jamaica, OJ, and Audley, you know him nuh suh mobile again and him a get on in years, and me seh allright, dem a gi him a good, goodbye present and me seh yeah man, because time come. We want somebody young and youthful and full of ideas and full of energy and strength to represent the people in North East Manchester,” Golding said while addressing PNP supporters in Christiana last Wednesday. “I say to the people of North East Manchester, Comrades and friends, this is the best chance we going to have in a long time fi tek this thing from dem, but unno know seh it not going to come easy, because you have been through it many times and you don’t cross the finish line. This time unno a go cross the finish line enuh, because unno know seh inna unno heart of hearts, you going to give North East Manchester back to the People’s National Party,” Golding added. He expressed confidence that Wint can win the seat at the next parliamentary election. “Val Wint is a businessman. He is a contractor. He understands how things fi run and him will do the thing the right way for the people,” Golding said. Wint has thrice contested parliamentary elections on behalf of the PNP. He lost each time. He was defeated by Shaw in Manchester North Eastern in 2011 and 2016 and by Zavia Mayne (JLP) in St Ann South Western in 2020. Wint said he is focused on mobilising the PNP base in the constituency in unity. “In North East Manchester we are one happy family. There are times you may notice the great preferences and sometimes you have a little shuffling up, but nevertheless Comrades, we are one party. We are one team. We are forging together as one,” he said. Member of Parliament for the neighbouring constituency of Manchester North Western, Mikael Phillips, criticised the Andrew Holness-led Administration over the pace of development in Manchester. “The Prime Minister came to my constituency a couple months ago and what I said then I am going to say it [again]. For the seven years that the Jamaica Labour Party has been in power, Andrew Holness, they have not done anything to uplift the parish of Manchester,” he said. Phillips, in response to comments by the JLP that the party will be going after all four constituencies and the municipality in Manchester, and without naming her, appeared to point his response at Manchester Central Member of Parliament Rhoda Crawford. “They came to Mile Gully last week Sunday and I see people from other parts of Manchester a come talk about them a come tek me out a North West Manchester. You see when fire deh a muss muss tail, him think a cool breeze. Nuh worry bout north west, deh fi guh worry bout dem owna yard,” he said. Phillips, the only Opposition MP in Manchester, expressed confidence in retaining his seat. “I want the whole a dem come a north-west, because the next victory will be sweeter, because the PNP will be in Government the next time around,” he said.

SALT SPRING, St James — Even as the Salt Spring Community Development Committee (CDC) began looking at ways to help students traumatised by Thursday’s double murder outside their school gate, word came that another person was gunned down in the neighbourhood on Friday. It was the third murder in 12 hours. “The CDC, along with other community-based organisations and other stakeholders, are in the process of coming together, forming a support team for the school and parents and as much of the community that we possibly can reach,” CDC representative Sherrikay Morris told the Jamaica Observer Friday afternoon. “We will be meeting tonight [Friday] with other stakeholders to discuss things that we want to do going forward,” she added. About 1:00 pm on Thursday afternoon, students and staff of Salt Spring Primary and Infant School had to run for cover after men armed with rifles and handguns shot and killed Imani Jarrett and Odane Smith just metres from where classes were in session. Most students wept openly following the traumatic ordeal. Then at 1:10 am on Friday morning Anthony Forbes — who is also called Plait Up or Gummy — was shot and killed by unknown assailants. His son was injured during the incident. Only 14 students out of a possible 170 turned up for classes at the eerily empty primary school on Friday. The infant department had no students and was closed for the day, according to Observer sources. According to the CDC’s Morris, plans to visit the school on Friday were shelved because of low attendance, but they will try once more next week. “Traumatised teachers, traumatised students, and traumatised community members just wondering what next to do and what next will happen — that’s basically where we are at,” she said. The father of a child enrolled in the primary school told the Observer that he could not bring himself to send his son to school on Friday, especially with news of the second shooting. “The place tense up, and worse it seems like a reprisal shooting go on. I just let my child stay home,” he remarked. Another man said he heard that relatives of the slain Forbes had fled the community with the aid of the police, an indication of just how tense it is in the area. There are concerns that there may be reprisal shootings. Morris told the Observer that while some parents have expressed shock at the situation some remain tight-lipped, afraid to even mention the ongoing challenges. She takes comfort in the support being provided by the police. “Right now the police presence is there, so the area is calm,” she said Friday afternoon. “We are not happy about what is happening but at the same time we want to find ways to reach the youth without it having to end up with any more loss of life,” she added.

THE Constitutional Court on Friday pointed out that the savings law clause in Jamaica’s Charter of Rights does in fact bar the courts from enquiring into whether three provisions under sex offence laws here breach the constitutional rights of homosexuals. As such the court said that the matter is “for Parliament and not the courts to provide the remedy so that the laws can be opened to scrutiny”. In the judgment, which is another twist in the long-running constitutional challenge to Jamaica’s anti-sodomy law by gay rights activist Maurice Tomlinson, Supreme Court judge, Justice David Batts, who was part of the three-member panel, said that while “well aware that in our duty to judicially protect all rights guaranteed by the constitution, a broad and purposive approach to its interpretation is required… judges do not make policy”. “We should not, by ignoring the clear words used by the people’s elected representatives, seek to rewrite, remake or refashion the constitution or legislation. The policy of the executive arm is given effect to by the legislature. It is the duty of this court to give effect to the law so passed once its meaning has been ascertained. We must do so no matter how distasteful we may find such a law. This applies even more so to the interpretation and application of the highest law being, of course, the Constitution of Jamaica. It is not for this court to give a strained or unusual interpretation to achieve an end desired by us,” Justice Batts declared. Sections 13(12) and 18 of the Jamaican Charter of Rights and Freedoms, which in 2011 repealed and replaced the Bill of Rights chapter of the Jamaican Constitution, immunise from constitutional challenge existing laws that criminalise sexual relations between men and preclude legal recognition of homosexual unions, respectively. They are referred to in the Commonwealth Caribbean as savings law clauses. In Jamaica’s case, existing laws are laws which were in existence before the charter came into force. Tomlinson, a married homosexual who lives in Canada but frequents Jamaica, in 2015 filed a claim in the Supreme Court challenging the constitutionality of sections 76, 77 and 79 of the 1864 Offences Against the Person Act (OAPA), contending that criminalising homosexuality amounts to breaches of the rights guaranteed to him by the constitution while further alienating and driving members of the LGBTQ community underground. He is being opposed by the Government and 10 church groups who have argued that the court has no jurisdiction to embark on that enquiry because of the savings law clause. The matter had, however, been satellited to the Appeal Court after a ruling by Supreme Court Judge Justice Tricia Hutchinson in 2022 when she said there was no need for a separate trial to determine whether the court had the jurisdiction to enquire into the constitutionality of the sections, given the savings law clause. The Appeal Court, however, in March this year said it had unanimously determined that the judge had erred in her finding and was “plainly wrong”, and ordered that her ruling in this respect should be set aside. The court also ordered that the substantive claim by Tomlinson be stayed, pending a determination of the preliminary issue by the Constitutional Court. Justice Batts on Friday said, “In the final analysis, the words enacted in section 13(12) of the Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011 are clear. Parliament intended to protect laws related to sexual offences from review for unconstitutionality. This was done in the same year changes were made to the pre-existing Offences Against the Person Act. There is consequently no warrant for a suggestion that the amendments either change the nature of the law or prevent the savings law clause having effect. I would, for all the reasons stated, uphold the preliminary point in favour of the defendants and dismiss the claim.” Supreme Court judge, Justice Pettigrew Collins in her arguments said, “Whether it is fully appreciated or not, the present savings law clause was specifically and clearly deliberately designed to exclude from judicial examination the question of whether there has been any breach of certain rights, even in circumstances that would otherwise be obvious instances of breach, and must therefore be appreciated for what it is: a limit on certain guaranteed rights, in the present instance, as far as homosexuals are concerned. It is, of course, not the only limiting provision but perhaps the only one that may, from a secular standpoint, be regarded by many as having no proper and justifiable rationale.” In response to arguments by Tomlinson’s legal team that the challenged provisions in the Act violate international law and/or international treaties, Justice Pettigrew Collins said, “The short answer is that the role of the judge is to interpret and apply law; if the law, as laid down in a statute or the constitution, is incongruous with international law and obligations, the matter must be addressed by Parliament.” As to their further arguments that Parliament had a political agenda for retaining the provisions, she said, “I conclude by making the observation that it is disquieting that the State would be so driven by what must clearly be an agenda so as to preserve from scrutiny by way of a savings law clause, laws which would otherwise infringe rights guaranteed by the Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, but it is, sadly, for Parliament and not the courts to provide the remedy so that the laws can be open to scrutiny.” Tomlinson is seeking to have that court declare that sections 76 and 77 of the OAPA do not apply to consensual sexual activities between any person age 16 or older, including persons of the same sex. He is also seeking a similar declaration in respect of the treatment of those acts under the 2009 Sexual Offences Act as well as the requirements for registration of such sex offenders and the reporting obligations under that statute.

A second man of three charged with the murder of Phillip Paulwell’s 10-month-old daughter Sarayah and her 27-year-old mother Toshyna Patterson is expected to plead guilty to murder and kidnapping today in the Supreme Court. His plea will follow that of another man who, on Thursday, accepted a deal and pleaded guilty to murder and kidnapping in the double murder that shocked the country and triggered a parallel investigation by the United States Naval Criminal Investigative Service due to the fact that US Navy Culinary Specialist Seaman Leoda Bradshaw has been charged in the matter. Bradshaw, who lives in the United States and shares a child with Paulwell, the Member of Parliament for Kingston East and Port Royal, was charged on October 13 with two counts of conspiracy to kidnap, two counts of conspiracy to murder, two counts of kidnapping, and two counts of capital murder. Her co-accused, 30-year-old graphic designer Roland Balfour was charged with conspiracy to murder, conspiracy to kidnapping and misprison of felon, while Roshane Miller, a 29-year-old air conditioning technician, was slapped with charges of conspiracy to murder, kidnapping, murder and misprison of felon, and Richard Brown, otherwise called Richie, was charged with conspiracy to murder, conspiracy to kidnapping and kidnapping. Due to security concerns the man who took advantage of a plea deal on Thursday was not named. He was represented by attorneys Valerie Neita Robertson, King’s Counsel, and Rita Allen Brown. On October 14 the Jamaica Observer reported that Deputy Commissioner of Police in charge of crime Fitz Bailey had disclosed at a news conference the previous day that the mother and baby girl were “brutally murdered and their bodies disposed of”. He described the case as one of “the most painful investigations for the team in recent times”. The Observer report said that when Bradshaw appeared in court at a mention hearing on October 13, prosecutors said the fact that 27-year-old Patterson had “blocked” Bradshaw from her social media account did not stop her from travelling here and conspiring with her cousin and co-accused Roland Balfour to contract men to kidnap and murder the mother and daughter. “She learnt of the existence of young Paulwell on Wednesday the 5th of September, 2023. Having learnt of the existence of this child she contacted Patterson on Facebook and informed her that she was the wife of Mr Paulwell, and further that she learnt of the existence of the young offspring of Mr Paulwell. Miss Bradshaw advised Miss Patterson that a DNA [test] should be done to determine the paternity of the child. After this brief exchange the [now-]deceased blocked the accused from her account that very day,” a senior prosecutor told the court. “The accused, who is domiciled overseas, travelled to Jamaica the very next day, September 6, 2023. The allegations are that she travelled to Jamaica for the sole purpose of killing Toshyna Patterson and the young child she shared with her spouse. The Crown’s allegations are that the accused, through her cousin and co-accused Roland Balfour, contracted men to kidnap and murder Patterson and Sarayah,” the prosecutor said further. According to prosecutors, Bradshaw met with men to arrange for the kidnappings and murders. The original plan was to kidnap Patterson and the baby from their home. Bradshaw paid the men the equivalent of J$100,000 in United States currency as down payment for the execution of the crime. The remainder of the funds ($400,000) was to be paid after the completion of the deal, the prosecutors said. In preparation to execute their ‘contract’ the men, the court was told, went to the Gilmore Drive address in St Andrew where Patterson lived, during the night of Wednesday, September 6, 2023, to “scope out the area”. They also went to the home where Bradshaw was staying in Stony Hill, St Andrew. A further meeting was held on Thursday, September 7, 2023 to discuss the execution of the plan, the court heard. Prosecutors said that on Saturday, September 9, Bradshaw “placed several calls and conversed with Patterson, with a view to lure her away from her premises”. She afterwards arrived at Patterson’s home at approximately 7:00 am that fateful day. “Evidentiary material shows Patterson exiting her premises and entering an SUV parked at her gate, along with her baby. Evidentiary material shows that she remained in this vehicle for over 15 minutes. The vehicle then drove off and left the area approximately 7:22 am. Patterson and Sarayah never exited the vehicle prior to its leaving,” the prosecutor told presiding Supreme Court judge Justice Simone Wolfe-Reece. “The Crown’s case is that Bradshaw took Patterson to Stony Hill in the vicinity of the home where she, Bradshaw, was staying. At this location the accused handed over Patterson and her young child to Richard Brown and other persons who are yet to be apprehended. After this, Patterson and her young child were taken to Warieka Hills where they were shot and killed and their bodies burned,” the court was told. Bradshaw has been remanded until a further hearing scheduled for December 1. She is represented by attorneys Deborah Martin and Kelly Hamilton.

JUNCTION, St Elizabeth — One month after a schoolboy was allegedly beaten by an older boy, causing widespread debate, an investigation has been launched into an alleged case of sexual assault of a 14-year-old schoolgirl by an older student at BB Coke High School on Tuesday. A senior school official confirmed that the police have been called in to probe the matter. “I am aware, however the matter is being investigated so I can’t comment on it but I was made aware of the alleged incident. The matter is being investigated. I cannot comment on it at the moment,” the source said. The Jamaica Observer was told by a reliable source that the grade nine schoolgirl was reportedly sexually assaulted in a bathroom on the school compound sometime on Tuesday, allegedly by a grade 11 boy. There were reportedly concerns as to how the matter is being treated by the police and health officials. Head of the St Elizabeth police Superintendent Coleridge Minto confirmed that the police are investigating the incident. “I am aware. The matter is still under investigation. I did not have all the facts to comment at this time,” he said on Thursday. The incident follows last month’s brutal beating of a 14-year-old boy at the school, allegedly by a 15-year-old boy. The September 28 incident resulted in the younger student being hospitalised for a week after he was beaten unconscious allegedly by the grade 11 student for stepping on a shoe. A group of boys had to lift the then-injured child and walked 530 metres from the school through the busy town of Junction to a doctor’s office.

The Caribbean Community (Caricom) on Thursday reaffirmed the need for states to respect international law as Venezuela’s resuscitation of a more than century-old border dispute with Guyana appears set to explode into war. “Caricom earnestly hopes that Venezuela is not raising the prospect of using force or military means to get its own way in this controversy over territory. After all, it has been the long-standing position of Latin American and Caribbean counties, including Venezuela, that our region must remain a zone of peace,” the regional grouping said in a statement responding to developments that have reignited passions in the dispute. Caricom voiced its concerns hours after the Guyanese Government and Opposition issued a joint statement condemning what they described as Venezuela’s “flagrant violation of the rule of law” and agreed that “no effort should be spared to resist” Venezuela’s “persistent endeavours to undermine Guyana’s sovereignty and territorial integrity”. In the statement, President Dr Mohamed Irfaan Ali and Opposition Leader Aubrey Norton said “the protection of the territorial integrity and sovereignty of the State must be subserved by a vigorous and comprehensive public relations programme and a proactive and robust diplomatic effort aimed at blunting Venezuelan propaganda and misinformation as they relate to the territorial controversy generally, and the Geneva Agreement in particular”. The Guyanese response came after news emerged that the Venezuelan Government has placed on a December 3 referendum two questions that, if answered in the affirmative, would authorise Venezuela to embark on the annexation of the potentially oil-rich Essequibo territory over which both countries have argued ownership since the late 1800s. The long-standing border controversy resulted from Venezuela’s contention that the Arbitral Award of 1899 about the frontier between British Guiana and Venezuela is null and void. Within the framework of the 1966 Geneva Agreement between the two countries, the United Nations secretary general conducted Good Offices from 1990 to 2017 to find a solution to the controversy. The approximately 160,000 square kilometres Essequibo region along the border of both countries is mostly impenetrable jungle. It constitutes more than two-thirds of Guyana’s total land mass. In 2015 Venezuela reactivated its claim over the territory after after US oil giant ExxonMobil discovered crude oil deposits off the region’s coast. The referendum has been described by critics as an attempt by the Venezuelan Government to measure its strength ahead of elections next year and to encourage the international courts to give it full rights over the disputed territory. In April, the International Court of Justice (ICJ) ruled that it had jurisdiction over the issue brought before it to determine the validity of the 1899 Arbitral Award which Venezuela questions. Guyana’s announcement last month of an oil tender triggered a protest by Venezuela, which argued that the offshore areas are subject to dispute and the companies awarded the fields will not have the rights to explore them. Pointing to the questions on the December 3 referendum, Caricom reaffirmed that “international law strictly prohibits the government of one State from unilaterally seizing, annexing or incorporating the territory of another state. An affirmative vote as aforesaid opens the door to the possible violation of this fundamental tenet of international law”. Caricom said it noted that the language of two questions approved to be posed in the referendum seeks an affirmation and implementation of Venezuela’s stance on the issue “by all means, according to/with the law”. That, the regional grouping posited, leaves it open to reasonable people to conclude that “by all means” includes means of force or war. Caricom insisted that the referendum proposed by Venezuela has no validity, bearing, or standing in international law in relation to this controversy and is a purely domestic construct. However, “its summary effect is likely to undermine peace, tranquillity, security, and more”, in the region. The 15-member-state grouping reiterated its support for the judicial process and expressed hope that Venezuela will engage fully in that process before the ICJ whose “final decision will ensure a resolution that is peaceful, equitable and in accordance with international law”. Ali and Norton have argued that the questions violated the sanctity of treaties and are in blatant disregard of the principles of international law. They said that question three, in particular, speaks to the ‘historical position’ of Venezuela of not recognising the jurisdiction of the ICJ to resolve the territorial controversy’. Both men also pointed out that question five seeks the approval of the Venezuelan people for the creation of a new Venezuelan State consisting of Guyana’s Essequibo region, to include ‘the granting of citizenship and Venezuelan identity card in accordance with the Geneva Agreement and international law’. “This is a deliberate misinterpretation of the Geneva Agreement and a clear violation of international law,” the Guyanese officials said.

LEGISLATORS are concerned about the impact higher minimum sentences for murder will have on the country’s two high-security prisons — St Catherine Adult Correctional Centre and the Tower Street Adult Correctional Centre — which are already overcrowded and will be expected to take in more convicts for longer periods. The Government has proposed the amendment of several pieces of related legislation to provide harsher penalties for murder. Among the proposed changes is a mandatory minimum sentence of 50 years for capital murder. Members of the joint select committee now reviewing the Bills — the Criminal Justice (Administration) (Amendment) Act, 2023; The Offences Against the Person (Amendment) Act, 2023 ; and The Child Care and Protection (Amendment) Act, 2023 — also bemoaned the deplorable conditions of these institutions and questioned the ability of prisons to provide meaningful rehabilitation for inmates. At the committee’s meeting on Wednesday, Opposition Senator Donna Scott-Mottley pointed to the inhumane conditions as well as the “extreme level” of overcrowding in prisons, arguing that with the mandatory minimum “you’re swelling the prison population”. She added: “The conditions cannot do anything but dehumanise a person, and those of us who practise in the criminal law will be able to tell you that the person who is first apprehended and the person who you see three weeks later are simply not the same person. The fear, the vulnerability when they are just apprehended is replaced by a kind of braggadocio, ‘bad man attitude’ in three weeks,” Scott Mottley said. The Opposition senator’s comments sided with the submission of the Office of the Public Defender (OPD), which argued that increased sentencing minimums will have a long-term impact on the prison population. “The lack of capacity for large intakes in our high security prisons, the Catherine Adult Correctional Centre and the Tower Street Adult Correctional Centre, is an established fact. The conditions at these institutions are notorious and do not foster meaningful rehabilitation,” the submission read. Opposition committee member Denise Daley said there seems to be a lack of understanding about the current overburdened prison system. “I don’t think we have one good prison in this country. When I say good prison, I’m not talking about luxury, I’m talking about amenities to make sure that we can reform people, for them to live in a condition that is not too inhumane,” she said. Chair of the committee and justice minister Delroy Chuck admitted that his numerous visits to the Tower Street and St Catherine facilities were “stressful” and “very heart-rending” occasions seeing first-hand the conditions in which the warders have to work, or the rooms for interviewing clients. “I am not denying that you have two fairly reasonable prisons — Tamarind Farm and Richmond Farm — but district prison [St Catherine Adult Correctional Centre] and GP [Tower Street Adult Correctional Centre], believe me, are sad reflections of what we call prisons,” he said. He argued, however, that the state of Jamaica’s prisons “unfortunately is a different discussion” beyond what the committee can take on and suggested that legislators “compartmentalise” the issues in their minds. “I’m not too sure that this committee can deal with the unfortunate conditions in our penal institutions. We can make any recommendation but at this time we have to compartmentalise our mind and deal with the issues before us. I’m not denying, and don’t get me wrong, I really believe much more should be done to improve the conditions everywhere, including in the prisons,” he said. To this suggestion, Scott Mottley asked if the Government and the legislators are not supposed to be concerned about the possibility of rehabilitation. “What is it that we are trying to do, then? We’re just trying to punish?” she said. Chuck responded by saying that the committee is not going to solve all the problems “and that is why even when I hear arguments about children [that] we must look to their background, which area they come from, what was their family background; these are considerations, which undoubtedly should be taken to account, but we can’t solve them here.” “… For the legislature, we have to look at whether the sentence of the court or the sentence we want to impose is reflective, in my view, of the legislature’s consideration about persons who commit murder because at the end of the day, this is why this Bill is here, and it has to be supportive of the fight that we have against the offence of murder, which is so prevalent across every corner of Jamaica,” he said. Government Senator Sherene Golding Campbell said she shared the concerns of Scott Mottley, as well as Chuck, in terms of the need to address the issues that the society is facing regarding crime. “I don’t think though, that as legislators, we have the luxury of compartmentalising anything. I think when we sit in the people’s House we have to be concerned with all those things that touch and affect people, but our purview under these amendment Bills is to amend provisions dealing with sentencing periods,” she said. “What we can do as a joint select committee is indicate in our report the issues that have come to the fore as a result of the engagement of the stakeholders and ask the Parliament to have that discussion in the debate and send a message to the executive that these matters need to be addressed. That is within the purview of the legislators and I think it’s something we must be concerned about because in instituting mandatory minimum sentences, it is relevant what is going to happen to that offender when they enter the penal system. She argued that not all convicts will sit and die in prison; they are going to come back into society, so legislators should be concerned with what is happening in that process. “So our report can include some indication to the Parliament that the joint select committee is concerned about the state of the penal system and would wish for

OPPOSITION member Julian Robinson on Tuesday continued to press House Speaker Juliet Holness to share with legislators the opinion of the Attorney General’s Department on the tabling of reports from the Integrity Commission (IC) and the Auditor General’s Department (AuGD). This issue regarding the treatment of reports has led to heated exchanges in the House of Representatives since midyear when former Speaker Marisa Dalrymple-Philibert did not table several AuGD reports and delayed the tabling of IC reports. Dalrymple-Philibert told the House in July that she had sought the guidance of the attorney general on the matters. In September, after receiving the opinion, she shared the conclusion of the document with the House. However, this was not enough for Robinson, who pointed out during Tuesday’s sitting of the House that the former speaker only read one paragraph of the ruling. “She did not read the entire ruling. I asked for it so we could see the full context. I don’t know what she read in the context of maybe a three-, or a four-page ruling, which is why I have been insistent on asking for it. So the fact that she read something cannot substitute for the ruling being shared,” he said. Robinson noted that when he had previously asked the new House Speaker about sharing the attorney general’s opinion, she had indicated that she would need some time to do her own research and review. So he again asked if the opinion would now be forthcoming. Holness responded to say that she has reviewed the correspondence from the Attorney General’s Chamber, particularly as it relates to those in respect of the opinion on the IC as it is final. She noted, however, that the opinion has not been finalised as it relates to the opinion on the auditor general, and she has written to the Attorney General’s Chamber to look at and provide same. “However, I do take note of your question, whether or not the opinion will be provided. I would like to have a discussion with the President, House Leader, and Deputy House Leader as it relates to my own view as the presiding officer of this chamber,” she said. Holness hastened to say that having a legal opinion from the Attorney General’s Chamber does not mean that this is the stipulation for the House. “I am very strong in my own perception as speaker that we have to be very careful in believing that seeking advice means that the House is to feel that another body can stipulate how we function as a House. And so, in making decisions, I will not be rash. Having asked the Attorney General’s Chamber’s opinion and read out by the previous speaker is very much in keeping with the speaker’s opinion given earlier. The House did not write the attorney general, the speaker did,” she said. But Robinson countered her argument, saying that the former speaker cannot seek an opinion in her personal capacity; she sought the opinion as a presiding officer of the House, on behalf of the House. “That opinion was sought because there is a dispute between how the former speaker treated with these reports, and our view as to how it should be. Given that you have an opinion, whether you agree with it or not, I believe it’s incumbent to share it and then we can have a debate about it,” Robinson said. “The longer the opinion is held, it heightens the view that the House is withholding it for a particular reason,” he added. In response, Holness said while she can make a ruling it is not her decision to make a ruling at this time. “Please allow indulgence so that I have a discussion because I know where my ruling is weighted to go and I would like some additional time,” she said. In July, Dalrymple-Philibert had explained to the House that she would be withholding three AuGD reports for two months to correct an unlawful practice which offends the Jamaican Constitution. She said that all AuGD reports have always been tabled in the House upon receipt, whether they pertain to a ministry, an agency, or a public body. “However, the practice, in general, is not, in my understanding, in keeping with Section 30 of the Financial Audit and Administration [FAA] Act. That section — Section 30 — provides for the Auditor General’s Report on a public body to be tabled where the minister with responsibility for that public body fails to report to this Parliament within a two-month period,” she said. In terms of the IC reports, Dalrymple-Philibert had pointed out the Integrity Commission Act had amended Section 73d of Parliament’s Standing Orders which “clearly sets out how the report of the Integrity Commission should be treated”. According to her interpretation, IC reports submitted to the Parliament will now first go to its oversight committee before being tabled. According to Standing Orders 73d, the oversight committee has the duty to review the annual report and any other report of the commission and to submit recommendations to both Houses of Parliament. The section also states that the oversight committee is to convene and consider a report submitted under Section 34 of the IC law within 30 days of the submission of the report.

Transport Minister Daryl Vaz and his Opposition counterpart Mikael Phillips on Tuesday jousted over the recent fare increase granted to taxi and bus operators as a spat between the Government and Opposition on the matter climbed to a crescendo. Tuesday’s round in the dispute opened when Phillips withdrew from the Transport Sector Committee, claiming that Vaz was trying to use him as a tool of distraction in order to mislead Jamaica over policy positions developed by the People’s National Party (PNP). The Opposition spokesman made his announcement after Vaz slammed PNP President Mark Golding’s broadside against the Government at a party rally on Sunday in St Mary. Golding had accused the Government of not cushioning the impact of the increase on the public, even as he acknowledged that the public transport operators needed the fare increase. In a sharp response, Vaz, who had announced the phased increase of 19 per cent effective October 15, and 16 per cent effective April next year, said Golding was seeking to score cheap political points as the Opposition was consulted in the deliberations leading up to the announced fare increases and had played a part in the final decision. However, Phillips, in his statement on Tuesday, demanded that Vaz “immediately withdraw his intemperate and ill-considered attack” on Golding “for reaffirming known positions of the PNP to make public transport more affordable for commuters and operators”. Phillips said Golding, in his speech in St Mary, had “highlighted ways and means to manage escalating public transport costs, and this has been a part of the Opposition’s transport policy and adumbrated in the sectoral debates for three successive years”. He said Vaz failed to acknowledge that Golding had also “affirmed that something had to be done for the operators as the failure of the Government to implement sustainable policies had compounded the problems being faced by the operators, particularly in rural Jamaica”. Phillips also said that he had informed Vaz at the outset of establishing the Transport Sector Committee that the Opposition’s participation would not include deliberating on fares. “I, therefore, was not a part of the sub-committee which made the recommendation for a 35 per cent fare increase in two stages of 19 per cent on October 15, 2023, and a compounded 16 per cent on April 1, 2024,” Phillips said. He said that on October 13, after studying the increase, especially for rural commuters, he had proposed “a comprehensive policy approach, including lowering the cost of fuel and funds for re-fleeting obsolete rural buses”. Phillips said the Opposition further recommended that the Government cap, for a period, the special consumption ad valorem tax on fuel at US$67.50 a barrel, as oil was now US$85. He accused Vaz of engaging in “cheap politics” and an attempt “to misrepresent the PNP’s position”. Phillips said his participation in the Transport Sector Committee was in the spirit of trying to find a national approach based on genuine efforts by all sides and declared his commitment to the effort to forge a national approach. “However, it is now clear that the minister intends to use my participation as a tool of distraction, misleading Jamaica over policy positions developed by the PNP, leader of the Opposition, the shadow cabinet, and myself. I have no intention of being used by the minister and, I am, therefore, unable to further participate in the committee,” Phillips said in his statement, adding that he will find other effective means of continuing dialogue with all stakeholders in the sector. In response, Vaz called a news conference at his office and told journalists he left Tuesday’s sitting of the House shortly after receiving a copy of Phillips’s statement. “I left Parliament early because I was dejected, deflated, and, basically, traumatised to know that all of the good work that has been done since May 24, since I took over [as transport minister], was being threatened to be derailed, all for political reasons,” he said. “I say that because I have always tried, in my position as minister, in whatever portfolio I have gotten, to work… with the four Cs — consultation, commitment, communication and consensus — and I do believe that we have been able to achieve that since taking over this portfolio responsibility. “Today, I put aside my anger, my emotions, to try and deal with this in the best interest of the country, first of all, and of course the transport sector,” Vaz said. He argued that since Independence “partisan politics has blocked progress” in the country, “and what we are seeing is, once again… the attempted triumph of raw political expediency over the national good at all cost”.

A row over the operation of an Airbnb in a gated community in Hope Pastures, St Andrew, which has been described as a “nuisance” by residents and was being operated in breach of the rules governing properties in that area, has been settled by the Supreme Court. The judgment, an attorney involved in the matter has argued, could impact similar operations in residential settings. Ruling on an injunction sought by a citizen against the owners of the Scotland Drive property in College Green last week, the court declared that “the activities of occupiers who are deemed short-term licensees or tenants constitute a nuisance and are in breach” of the restrictive covenants on the certificate of title for the property which state that it should be used for residential purposes only. The court further barred the owners, or agents acting on their behalf, “from allowing their property to be used for short-term occupancy, licence or tenancy for the purpose of a trade or business” and “from permitting their said property to be used in such a manner as to amount to a nuisance”. Additionally, the court refused to grant the offending property owners leave to appeal and, in a penal notice to the owners, warned that failure to comply with the terms of the Order constitutes contempt for which they “may be liable to be imprisoned or to have [their] assets confiscated”. The ruling capped the discontent which has been simmering between the absentee owners of the property — which consists of a townhouse and an apartment — and homeowners in the area for several months now. In the matter, which was brought to trial in May this year, the court was told that a husband and wife had to move out of their home for several months because of disturbances from the offending address. According to the complainant, the almost constant flow of strangers, who are rowdy in appearance and behaviour, have brought “pure grief and stress” and a life lived in fear in not knowing who will be the next occupant. Further aggravation came from the improper disposal of garbage and the parking of vehicles by the renters invariably blocking the access of residents to their own homes. The suit outlined that sometime in July 2021 the citizens’ association had engaged a law firm to write to the property owners — who do not live at the premises — threatening to sue if they did not take steps to prevent it from being used in that manner. It said the Kingston and St Andrew Municipal Corporation had also visited the property and issued a Cease and Desist Order. According to court documents, the disturbance ceased for a few weeks but resumed. It further disclosed that a January 2022 meeting between the citizens’ association and the property owners saw another short truce, before a fresh set of renters arrived and “started the same series of acts of nuisance and disturbance all over again”. The certificates of titles for all the lots in College Green are endorsed with restrictive covenants which prohibit the houses from being used for purposes other than that which is solely residential, and also prohibit them from being used for business purposes. Further, the certificates of titles of all the owners show that the owners are entitled to enforce these covenants against each other. Owners, upon acquiring their properties, were told by the citizens’ association that there should be no Airbnb in the complex and this was agreed to, the court was told. On Monday, attorney John Givans, who represented the citizen who sought the injunction, said the judgment might have implications for other such operations in similar settings. “I think that you might very well find cases where the covenants are similar, because the idea behind the covenant is that the property should be used for long-term purposes. The essence of the whole thing is that businesses are being operated on the premises, the business being short-term letting. The court held that the covenant being properly construed means that the owners should not rent the property on short-term lettings. The court found that to do so amounts to business.” “It might have long-term, far-reaching implications to the extent that if covenants arise similar to my client’s and the defendants, maybe it would mean that to rent a property to Airbnb or Airbnb occupants in cases where the covenants says this should not be, then that would run afoul of the covenant,” Givans told the Jamaica Observer. “The covenant said the property should be used as private residences, and the court said people renting for Airbnb are not long-term residents. ‘Residence’ suggests privately occupying it as your normal place of abode, so it might have implications,” he added.

CHRISTOPHER Townsend, one of four attorneys-at-law representing Portland businessman Everton “Beachy Stout” McDonald in his murder trial, on Monday punched more holes in the testimony of Denvalyn “Bubbla” Minott, the second witness in the case. Beachy Stout is being tried for the July 20, 2020 murder of his second wife, Tonia McDonald who was found with her throat slashed and multiple stab wounds on the Sherwood Forest main road in Portland. The body, which was burned, was found beside her charred motor vehicle on the roadway. Beachy Stout is being tried along with his co-accused, Oscar Barnes, who was allegedly subcontracted by Minott to kill Tonia. Numerous and damning inconsistencies emerged in Minott’s statements on Monday in the Home Circuit Court in downtown Kingston while he was being cross-examined by Townsend. Townsend explored whether the witness could recall if Beachy Stout truly gave him the contract to kill his wife on the very first occasion he that he met the businessman. Minott had previously told the court that the first time he met Beachy Stout was when he had gone to a supermarket owned by the businessman to ask him for a job. At the time, he said, he spoke to Beachy Stout about getting work to offload goods from delivery trucks, but instead, Beachy Stout showed him a picture of his wife on his phone and told him that he wanted her dead. However, it was revealed that in the last of three statements Minott gave to the police, he said that he went to the establishment to seek a job for his son and not for himself as he had stated in Court. Townsend reminded him that he said in the statement to the police that his son got the job and started working the following day and that he had gone to check on his son while he worked at the establishment. “Nowhere in the four or five pages of the third statement did you tell the police about any engagement to kill Mrs McDonald. You then went on to tell your wife that you got the job for your son. You told the police that you asked him for a job for your son only, but you told the jury that you asked for a job for yourself and not for your son. You never said anything to the jury about asking Mr Mac for a job for your son. You never spoke to him about the killing of Mrs Mac.” Minott responded to Townsend, “You can’t tell me what Mr Mac said. You never deh deh. You are taking up for somebody’s wrongs. Tonia was the one who gave my son the work. She was the one he was working with. I asked her to employ my son, but Mr Mac did take him on already. He was already employed from the Sunday and I saw Tonia on the Monday and asked her for the job for him. Mr Mac showed me the picture of Tonia before that Monday when I asked her for the job. I am not making up anything, Sir. If anything is being made up, it is you who is making it up, Sir.” “I never went to school with her. Mr Mac introduced me to her. He introduced me to her before I asked for the job for my son,” the witness said, giving rise to confusion in the court, as he could not give a straight answer as to when exactly was the first time he met Tonia. Townsend delved into territory that frustrated the witness and brought out shocking revelations in court. Minott told the court that he is illiterate and, therefore, was prompted to sign a third statement he gave to the police after they had read the contents of the document to him. He told the court that when cops read the statement to him, he heard inconsistencies but failed to raise an alarm. Minott also denied telling the police some of the things that were written in the statement, claiming that cops put things in the statement that he did not say. “I cannot read, so I just signed. The police was lying on me. I couldn’t do anything about it, Sir. They didn’t hurt me or hold a gun to my head, [but] I just signed the paper to say it was the truth. When I signed it, it was supposed to contain the truth. I am not going to tell any lies,” he said, denying numerous assertions by Townsend that he was not being honest. Minott, during his evidence had previously told the court that he had met Tonia for the first time when Beachy Stout brought her to his house and introduced her to him as his wife. He claimed that the reason they visited him was under the guise of them wanting to purchase a gun to kill the man who allegedly murdered Tonia’s father. But according to the witness, that link-up was all part of a plot to lure her to her death because she seemed to be desperately in need of the firearm. Minott, who appeared to have had enough of the questions being posed by Townsend, stopped answering and instead looked to the ceiling inside the courtroom and said, “Father God, mi tired. Mi sick. Mi can’t manage nuh more. Father God, just come down and touch someone today. I am distressed, Your Honour”. Presiding Judge Justice Chester Stamp ordered that the witness take a short break as he would not be excused from continuing to give evidence in the case. The trial continues today.

LERONE Laing assumed the role as Toll Authority of Jamaica CEO in October 2009 amidst controversy, with allegations that he did not meet the minimum requirement for the post and was only appointed by then Minister of Transport Robert Montague because of their close ties. Almost four years later Laing’s tenure has come to an end in similar controversial fashion, with claims that he abandoned the job after failing to return to work following his vacation last month. At the time of his appointment the transport ministry came to Laing’s defence, pointing out that he met the required competencies for the post as he holds a Master of Science in Economics (with distinction), and a Bachelor of Science in Computer Science with Upper Second Class Honours. Now, at the end of his tenure, Laing is speaking up for himself, telling the Jamaica Observer that the claim he abandoned his job is untrue. “I reject that assertion categorically. It is unfortunate and, quite frankly a misrepresentation of the facts that I went on vacation leave and did not return and therefore would have abandoned my post,” Laing told the Observer in response to a reported claim by the chairman of the board, William Shagoury. According to Laing, on July 6 he was formally offered a scholarship to pursue a Doctor of Philosophy in Public Administration, in the United States. “Quite frankly, the offer presented me with a once in a lifetime opportunity to advance my education and career path, which I accepted,” said Laing. “The programme was slated to commence on August 22, therefore I did not have much time to transition from the authority. I immediately informed the authority’s board chairman, and shortly after the board [was also informed], of the developments. I also immediately requested study leave in accordance with the Staff Orders for the Public Service (2004),” added Laing. He told the Observer that he embarked on the vacation leave which he was entitled to at the end of August, to allow for any deliberations and consultations of his study leave request. “I also, during this time, submitted to the board’s attention other options in the event that the study leave request was not granted. This was in my attempt to ease any leadership transition and to cauterise the effect of potential disruptions to the operations of the authority. “My suggestions to ease the transition were founded on the fact that the board had before it, for final approval, several projects of the authority that were coming to fruition and to which delay and/or lack of proper oversight could be detrimental to the Jamaican taxpayer,” said Laing. He added that in his correspondence to the board he expressed a willingness to be available to guide/or consult on the projects, given the significant gains made under his leadership with respect to their execution, “where the institutional knowledge I possess may be useful towards their timely and effective implementation”. According to Laing, despite his attempts to try to arrive at a mutually agreeable position with respect to the departure from the Toll Authority, two days after his vacation leave ended on September 25 his work e-mail was deactivated without any formal communication or a response to his request. “I then received a letter, dated October 2, 2023, from the board chairman asking for my resignation effective September 26, 2023. I responded immediately requesting a mutual termination,” said Laing. Responding to Shagoury’s reported claim that his proposal to be re-employed as an advisor to the authority while overseas was not appropriate and could be problematic if it was approved by the board, Laing argued that he made no suggestions or requests that would cause the authority to run afoul of any ethical and/or legal stipulation. “I reject that assertion categorically,” declared Laing as he pointed to some of the projects which he believes would have benefited from his institutional knowledge, having spent almost four years leading the Toll Authority. These include the National Toll Road Development Plan (NTDP) which has been mandated under the Toll Road Management Regulations (2003). Laing noted that despite being mandated some two decades ago, the NTDP has not been developed and that he had made this one of his priorities. “The NTDP would function as the overarching blueprint for toll road development and operations in Jamaica. It would address critical gaps which exist currently in the regulation of our toll roads, for example toll pass interoperability. “Many Jamaicans have asked why are two different electronic toll passes necessary to access the current two legs of our toll roads. The answer is that there is currently no legislative framework that requires operators of toll roads to have a single universal system. The NTDP would address this critical gap in the interest of the Jamaican people,” said Laing. Laing told the Observer that other critical gaps which would be addressed by virtue of the various projects commenced under his leadership of the Toll Authority include the toll road emergency response schematics — which is critical to saving lives — and the toll road monitoring fees legislation which would ensure that Jamaicans benefit financially from the tolls they pay. “It was a privilege to serve the authority and the people of Jamaica during my tenure as CEO. As the youngest head of an entity in the transport ministry [28 years old] under which I served, I am proud of achievements under my tenure in terms of improving the capacity of the authority and the foundation laid for future growth. “I wish the authority all the best in the future, and despite this most recent and unfortunate assault on my reputation I stand firm as a patriotic Jamaican,” declared Laing.

SEVERAL residents of Rae Town in east Kingston took to the streets Sunday morning in a fiery protest over the fatal shooting by the police of three teenagers from the community, in an alleged shoot-out. The police report that they received reports of a group of young men carrying out a series of robberies in the area around Rae Town on Saturday night into Sunday morning. The men reportedly stole cellular phones, cash, and other items in at least four incidents. Using the tracking device on one of the stolen phones, a police team was dispatched to premises on Paradise Street in the area. Jamaica Observer sources say that about 4:15 am the police arrived at the premises and were greeted with gunfire. The police returned fire and when the shooting ended, three men were found with gunshot wounds. They were taken to hospital where they were pronounced dead. According to the police, a Taurus 9mm pistol with a magazine containing 12 rounds, and an Arcus 9mm pistol with a magazine containing five rounds were seized following the incident. It is further reported that some of the victims of the robberies were able to identify the dead men as among those who had stolen from them, and a number of the stolen items were identified. The dead men have since been identified as Carlo Faulknor, otherwise called CJ, from Paradise Street; Andre “Max” Turner from Johns Street; and Shaheed Morgan, better known as Tinado, also from Johns Street. But residents, who identified the three as fishermen, challenged the police version of events as they demanded justice in a protest staged close to the entrance of Rae Town Fishing Beach. “Three little innocent boys dem kill, dem don’t even reach 20 yet,” said one of the protesting residents who gave her name only as Cindy. She joined other residents in questioning police claims that the men were armed, and questioned what she alleged was the absence of any spent shells on the scene. “If unnu even find gun, carry dem in nuh. Mi si unnu carry big bad man who have big gun…why unnu couldn’t carry in the three little pickney them? Unnu kill dem, and draw dem throw dem inna jeep, and carry dem weh. “Not a shoot-out. A dem guh knock up di likkle pickney dem out a dem bed an’ dem seh: ‘Police!’ and dem open di door an’ right away dem kill the innocent youths,” added Cindy as she called for justice. Late Sunday afternoon assistant commissioner of the Independent Commission of Investigations (INDECOM) Hamish Campbell told the Observer that his team had launched its mandatory probe into the incident. “At the moment we have the information from the police, of course, and the investigation is still very much in its early hours,” said Campbell as he reiterated much of what had already been reported to the Observer. “The three young men, they were all 19 years old and they were all identified as fishermen from the Rae Town community. So, as I say, it’s very early hours and we are still trying to assess the situation and get the full facts. But, INDECOM attended the scene, [have] taken photographs [of the scene], recovered the weapons from the police officers and the weapons allegedly found on the gunmen, and inquiries are continuing “Four police officers attended the scene. Three of those police officers fired their weapons; the fourth officer did not fire,” added Campbell.

MONTEGO BAY, St James — After losing his 34-year-old business in last Sunday’s fire at the Montego Bay Shoe Market, former outstanding St James cricketer Chester Sterling is vowing to rise like a phoenix from the ashes. Sterling, who sold both brand-name shoes and clothing items from the downtown Montego Bay-based shoe market popularly known as the “Arcade”, was a beacon of hope as he spoke to the Jamaica Observer on Friday afternoon. Detailing that he woke from his early morning slumber after getting a phone call stating the devastating news, Sterling, who coaches cricket part-time, is already seeking ways to carry on the business that he operated with his wife Francis Davis-Sterling. “I was at home. I am living about five miles away from the centre of the town. I was awoken by a friend who told me that she heard that there was a fire at the arcade. That was about 2:30 am. When I got to the arcade it was completely engulfed with fire. There was nothing I could do at that point” Sterling told the Sunday Observer. He continued, “I intend to continue doing my business, so I just have to pick up the pieces – but there is nothing to pick up from there because I lost everything. Nothing was saved. However, I plan to restock my business and with the help of God, I think I will come back from this.” Up until last week, Sterling had been plying his wares from a board structure inside the arcade since 1989 and he has not been discouraged by the fire. He, however, is hoping that he can resume operation to cushion the blow of the loss his family has recently experienced. Sterling told the Sunday Observer that the loss from his business was approximately $50 million. “I am trying to put a little thing together to see that we get stock. Normally my wife does all the shopping in Miami and England, so she should be going shortly to see what can be done before Christmas,” said Sterling. In the meantime, the businessman explained that he is mostly concerned about where he will sell, since he no longer has a physical location. “Now the problem is, I don’t like the streets – I do not sell on the street, so I am actually cleaning up my space to see if I can at least use a tent. But from what I am hearing from the [St James Municipal Corporation], they don’t want us to go back there,” Sterling told the Sunday Observer. He said that he is still hoping to speak with a representative from the municipal corporation in the hope of appealing for some leniency, especially since the Christmas season is fast approaching and consumers regularly purchase from the shoe market during that period. “I intend to talk to someone in the political arena at the parish council to see if they could at least allow us to use the area up until Christmas, because I understand that they have plans to rebuild,” said Sterling. When questioned about the source of his strength and positive outlook on this major financial loss, Sterling told the Sunday Observer that his wife Francis has been his backbone. “This woman is a lion. She is stronger than I am because when I looked at the situation on Sunday, I had to cry. She was like, ‘come on, daddy’ and right until now, she is fighting. She is already putting every plan in place and telling me that we have to find some way to do things,” he said. In addition to that, it is evident that the businessman will not give up on the operation that has been the source of financial support for his family over the last three decades. He said that his three children have benefitted from him selling clothing and shoes for the arcade. “This is how we financed them through school. Both boys went to Cornwall College and also the University of the West Indies,” said Sterling. As it relates to other business operators who lost their shops and goods in the fire, Sterling said they, too, were all trying to pick up the pieces. “Some people are very desperate because that was their only source of income, so some people are left with nothing. I don’t even know how to describe the situation right now, but I can say that they are desperate,” said Sterling. “Everybody is hoping that they would at least be able to use the area up until Christmas and then the [municipal corporation] could come in and clean up or whatever they want to do. We are also willing to assist with the cleaning up,” he added. When contacted by the Sunday Observer, Acting Mayor of Montego Bay Councillor Richard Vernon stated that the municipal corporation met with the affected vendors on Friday morning to discuss plans to move forward. Vernon shared that the vendors were receptive to a proposed plan of rebuilding the 150-shop shoe market over the next three months. He said that during that time, the vendors will not be able to utilise the location; however, they will be greeted with an improved space once completed.

AMERICAN Airlines’ announcement that it is now ready to operate a scheduled service from Miami to Ian Fleming International Airport just outside Ocho Rios, starting next February, is being welcomed by Jamaicans who live and operate businesses on the island’s north-eastern corridor. American announced the revised launch date last Thursday, saying that it will operate twice weekly flights using an Embraer 175 aircraft with capacity for 76 passengers. Previously known as Boscobel Aerodrome, situated in Oracabessa, St Mary, Ian Fleming International Airport is 15 kilometres from the scenic north coast resort town of Ocho Rios. As such, the airline and the Jamaica Government are using OCJ [Ocho Rios Jamaica] as the airport code for Ian Fleming International, given that Ocho Rios is known globally as one of Jamaica’s major tourist destinations. News that the scheduled service, which was originally set to begin in November 2022, will now start February 24, 2024 has created a buzz, especially among Jamaicans who welcome the fact that they will be spared long road travel times to either Norman Manley International Airport in Kingston or Sangster International in Montego Bay. Additionally, some say the development will provide an economic boost on the corridor. “I do think it is a great benefit to, not only Portland but the entire eastern belt. When you look at commuting from Norman Manley to Port Antonio, for example, it can take you up to three hours — especially if you’re going through the traffic in Kingston and the challenges that the Junction main road poses for commuters, especially to Port Antonio, and further east in the Manchioneal area, and further east in St Thomas,” Portland Football Association President Raymond Grant told the Jamaica Observer on Saturday. “It also provides an opportunity to open sports tourism, not only for Portland but even on the north coast in St Ann — and I speak specifically to football at Drax Hall, Carder Park here in Portland, and we see what is happening also at Annotto Bay Sports Complex. So if we want to grow the sport and we want to grow economies within the eastern belt, ease of movement in terms of traffic — whether it be land or air — provides that great opportunity,” Grant said. “So, I welcome the move and the partnership from American Airlines and the Government of Jamaica, and I look forward to even travelling that route when I’m exiting or entering Jamaica so it is something that I’m excited about and I look forward to the start,” he added. Audley Lindo, operator of Rap Communications and Rap Auto Supplies in Port Antonio, also welcomes the development. “I am looking forward to that service. Travel from Port Antonio to Norman Manley International Airport in Kingston can take up to three hours so from that point of view alone it is welcomed,” Lindo said, adding that travel from Port Antonio to Montego Bay takes an even longer time. Additionally Lindo, who is chairman of Port Antonio Hospital, pointed to the possibility of the airport’s use for medical emergencies. “If we ever need an air ambulance service, having Ian Fleming as an option will be of great benefit.” Lindo, too, expressed confidence that the air travel service “will have tremendous impact on the economy”. That view was shared by Jamaica Union of Travellers Association (JUTA) Portland Chapter member Mark Lovelace, who said he and his colleagues had been talking about international flights coming into Ian Fleming for some time now. “So we are open to it because it will be a good thing for people in Port Antonio, because sometimes we go to Kingston and pick up passengers and when we’re coming back through the Junction road in St Mary they’re kinda scared. If they’re going to Montego Bay they enjoy the ride but it’s a long drive — about four hours — so we were always hoping that if they open that airport it will be better for us in Port Antonio, so now I am excited,” Lovelace told the Sunday Observer. He also said it will result in cheaper fares for his passengers who will use the airport to fly out of and into the island. Jamaica Hotel and Tourist Association President Robin Russell said his members are thrilled about the new service. “Everybody is excited for it. As you know, MoBay airport is kinda over capacity so when persons are going to Ocho Rios, St Mary, Portland can come in and cut out that long wait at the airport and the long drive. It really opens up that side of the corridor so I would say, with all the new developments — Sandals [Dunn’s River] just reopening, everybody having a busy year — it’s exciting news,” Russell said. He, too, projected that the development will bring benefits to small businesses on that corridor, and prove convenient to Jamaicans from those parishes travelling to Miami. Reacting to the development in a post on social media platform X, Sandals Resorts International Executive Chairman Adam Stewart said: “Years in the making, this is a game-changer for Jamaican tourism, opening up the beautiful eastern side of the island, including Ocho Rios in the parish of St Ann and the parishes of St Mary and Portland, where we have four stunning resorts… This is a testament to the bright future of the Caribbean that will not only bring our Diaspora closer to home, but also connect this region of Jamaica to the rest of the world.” Stewart’s reference of the time spent in getting the commercial air service going with larger jets was to an argument advanced by his father and Sandals founder Gordon “Butch” Stewart in 2013 that the airport was one of the “low-hanging fruits” Jamaica could pick with not a great deal of effort, and little money, in order to stem “the never-ending spiral of borrowing to pay off its debt while not earning enough to invest in development”. Butch Stewart, who died in January 2021, had suggested

THE Ministry of Health & Wellness on Friday advised the public to visit public hospitals only if necessary, as all major ones are overcrowded and people have longer waiting times. In a release Friday the ministry said the surge in people seeking care stems from the current dengue outbreak, the start of the influenza season, other viral illnesses, and traumatic injuries. Currently, there are more than 150 dengue-related admissions to hospital. Said the release: “As at Friday morning, October 20, there were more than 260 patients waiting on beds across 18 public health facilities. The University Hospital of the West Indies and the Cornwall Regional, Spanish Town, and Savanna-la-Mar public hospitals reported the highest number of patients awaiting beds. “Our hospitals always experience challenges with patients seeking care at this time of the year. And in response to this the ministry, along with the regional health authorities, have put measures in place to ease the burden on the health system – these include extended opening hours for select health centres across the island,” said Minister of Health and Wellness Dr Christopher Tufton. He has encouraged the public to seek medical attention at any of the more than 300 health centres, some of which are open until 8:00 pm, in accordance with the country’s Dengue Outbreak Response Plan.

CONSTABLE Jayann Raymond’s focus on getting young people who are prone to conflict to better manage their emotions and actions led to her being crowned top cop for the year 2023. A mother of two boys, Raymond, who has been a cop for eight years, walked proudly to the stage to accept the trophy during Friday’s Lasco/JCF Saluting Our Heroes awards ceremony held at AC Kingston Hotel in the Corporate Area. “My sons are going to be excited. I developed what is called the Expression of Self Programme because I recognised that a number of young people were not managing conflict effectively, and as a result we have seen an increase in crime. The Expression of Self Programme not only arms young people with knowledge of how to resolve conflict, but it has a wider impact on Jamaica,” said Raymond. A total of 156 cops from across the island had entered the competition designed to effect positive change in communities through social programmes led by the contestants. Raymond told the Jamaica Observer that it was her commitment to seeing Jamaicans become better people that led to her victory. Raymond shared that she is currently youth coordinator for the Area Five Police Youth Club, which is involved in a Meals on Wheels programme that provides food to scores of less fortunate Jamaicans, among them the elderly, homeless, and the mentally ill. “The Meals on Wheels initiative was created by the St Catherine South Police Youth Club. My platform as coordinator allows me to serve the community I live in and also 38 communities across Area Five. We drive around and provide warm meals to homeless people in the St Catherine North and South divisions,” she said. Area Five, she pointed out, encompasses the St Catherine South, St Catherine North, St Andrew North, and the St Thomas police divisions. Reiterating the view that building trust with communities is crucial to the constabulary’s effort to combat crime and violence, Constable Raymond said, “Partnership and trust are very important to us. Once, in our actions, we can get the people in the communities to develop a level of trust in the police and work with them to tackle crime, I see Jamaica as a place where we all will want to live, raise our families, do business and walk without fear of something happening to us. I am one member who is working to build that trust.” Constable Nickroy Neish, who placed second in the competition, told the Observer that his wife and three-year-old daughter were at home watching the ceremony online and were overcome with joy as he collected a trophy and a cheque. Motivational sessions he has been providing for at-risk youth earned him the second-place finish. “I have worked hard and I have been dedicated, going beyond and above the call of duty, and it has propelled me this far. There are over 12,000 rank and file members of the Jamaica Constabulary Force and for me to be second in this competition, it is a great honour. I am elated and excited,” he said. “My daughter and my wife texted me every 10 minutes. They sent me messages of congratulations. My colleagues have been motivated by me reaching thus far and they have been congratulating me as well,” Neish added. “I am from Greenvale in Manchester; I have motivational sessions with the youth there. We are moving into having business motivational sessions where we encourage the youth to start a business. With this award I will now be leaning back on Lasco to help me push this idea forward,” said Neish, who is assigned to the Area Three Manchester Highway Patrol Division. Sergeant Florezel Thompson, the third-place finisher, said that the future of Jamaica’s police force is in good hands. He described the work of the first- and second-place winners as exceptional. “I am considered one of the brightest in the Jamaica Constabulary Force, and to have the youngsters beat me it shows that they are not normal. There are some good police around that will save Jamaica,” he said. “My main project is the Tourism Ambassador Programme where we go out there and train people and make them aware of the value of the tourism product. We are working on a project in Port Royal where we are training people to interact with tourists and be good ambassadors for Jamaica. We do some work in Trench Town, and we are currently doing work in Kingston Western,” he told the Observer. He added that he has been a policeman for 25 years and over that time he and his colleagues have faced numerous challenges on the job. However, he regards serving his country as an honour.

A security guard, who was taken to court for stealing images of a woman from her mobile phone and threatening to post them on social media if she did not comply with his sexual and financial demands, was eventually freed after both parties reached an amicable settlement in a mediation session. The man, who appeared before Justice Sasha-Marie Smith-Ashley in the St James Parish Court on Wednesday, was charged with malicious communication under Section 9 of the Cybercrimes Act. The court was told that between June and September, the two, who are both security guards, were at a location when the man gained access to the complainant’s phone, which was left unattended. He saw specific photographs of her on the device and transferred them to his phone without her consent. The same images were then sent to the woman’s phone from an unknown number. Voicemail and text messages were also sent to her, demanding oral sex and $20,000 or the images would be shared on social media. The complainant eventually discovered that the accused man was the one who sent the photos to her phone and requested that their supervisor intervene. The man later confessed that he owned the phone from which the threats were sent, but said the device was subsequently destroyed. The court was told that the accused man’s failure to apologise to the complainant aggravated the situation further, resulting in her informing the authorities and him facing legal action. However, the man’s lawyer, Kimika Peterkin, took issue with the allegations after they were outlined. “Your Honour, it is quite interesting that my client has admitted to something like that and refused to apologise,” Peterkin said, adding that, according to her instructions, that was not what had transpired. Smith-Ashley then asked the parties if they wanted to try mediation, to which they agreed. The case was stood down to allow the parties to participate in a mediation session with a mediator who was present in court. When the case was revisited, the court was told that the parties had reached an amicable settlement, resulting in the prosecution offering no evidence against the man, after which he was discharged. The case comes two years after a Jamaican man, who in 2019 had pleaded guilty to distributing sexually explicit photos and video footage of his former girlfriend, an American television anchor, was sent to prison despite a partly successful appeal. The man had said that he committed the act in retaliation against her for sending pictures and messages to his friends and family, causing him “much shame and embarrassment”. The man, who was charged for breaches of section 9 of the Cybercrimes Act, was sentenced in the Corporate Area Criminal Court to a year in prison on each of two of three counts to which he pleaded guilty and was ordered to pay a fine of $1 million or serve four months’ imprisonment in default of payment on the third count to which he pleaded guilty. The four months were to run consecutively to the two-year sentence. He, however, appealed the sentence on the basis that it “was manifestly excessive”. His attorney, in the appeal filed in 2022, also batted for a non-custodial sentence and a reduction in the fine. The Court of Appeal, in handing down its judgment on the matter, set aside the sentences imposed by the parish court in relation to the first two counts and instead ruled that he should spend six months on each at hard labour. The sentences were to run concurrently which, in effect, meant half a year in total. The appeal court, however, upheld the parish court’s ruling in respect of the $1-million fine or four months’ imprisonment if the convicted man defaulted. It also upheld the order of the parish court judge requiring that the term of imprisonment in default of payment of the fine should run consecutive to the other counts.

American Airlines says it is now ready to operate scheduled service from Miami to Ocho Rios and has set February 24, 2024 as the launch date that will increase to more than 100 the carrier’s weekly flights between the United States and Jamaica. “Service to Ocho Rios will operate twice weekly with an Embraer 175 aircraft with capacity for 76 passengers, connecting with American’s hub at Miami International Airport,” the airline said in a release on Thursday. The flights will come into Ian Fleming International Airport and Jamaica’s Tourism Minister Ed Bartlett has expressed pleasure at the development which is expected to provide a significant boon to tourism and air travel among Jamaicans in that section of the island. “We are delighted with American Airlines’ decision to introduce a new service to Ian Fleming, serving an area I call Jamaica’s Riviera,” Bartlett said. “This marks a significant milestone in Jamaica’s ongoing journey to strengthen its position as a premier and easy to get to tourism destination. The introduction of this route is also a positive one for our stakeholders in St Ann, St Mary, Portland and beyond as it will greatly enhance the accessibility of Ocho Rios, making it more convenient for travellers to explore the wonders of these beautiful areas,” he added. The carrier’s Vice-President for International Operations José A Freig was quoted in the release as saying, “With this new route we further strengthen our position as the leading airline in Jamaica, operating this winter more than 100 weekly flights to the US.” American explained that the new service will represent the launch of its third destination in Jamaica as it currently offers service to Kingston from Miami and to Montego Bay from Miami, Austin, Boston, Chicago, Charlotte, Dallas/Fort Worth, New York, and Philadelphia. Freig said the Miami to Ian Fleming Airport service will make American the first US airline to offer access to that gateway in Jamaica, which he described as a “Caribbean paradise”. The service was originally scheduled to begin in November 2022. However, a month before news emerged that American requested additional air navigation services to operate its aircraft to and from Ian Fleming International. At the time, the Government disclosed that American Airlines had been working with the Airports Authority of Jamaica (AAJ) and the Jamaica Civil Aviation Authority (JCAA) towards ensuring that all the necessary regulatory and supporting structures and arrangements were in place to facilitate the flight. “However, despite continued work to make this a reality, an agreement was reached to postpone the launch of the service to a later date than originally announced,” the Government said. Although exact details of the required additional facility in the airport have not been revealed, the Government explained that air navigation aids are to ensure consistency of service during periods of unstable weather conditions after commencement of operation. The Government had noted in its statement that what was needed exceeded what existed at the airport. “Notwithstanding all the stakeholders’ best efforts, the implementation of these additional measures to meet American Airlines’ requirements would take another six to seven months,” the Jamaican Government said at the time. It added that the Ministry of Transport and Mining was “committed to having the outstanding measures addressed within this timeline, while keeping the relevant parties abreast of the progress, to ensure that planning and implementation can be synchronised”. “The collective decision of American Airlines, the AAJ and JCAA is to ensure that we maintain proper international standards for the safety of crew and passengers,” the statement said. The Government had also said that the additional navigational requirements would be ready by April 2023 and American Airlines had promised to announce a new commencement date for its proposed inaugural flight.

THE HEART/NSTA Trust is advising potential participants in its programmes to beware fraudulent entities purporting to offer certification on its behalf. This warning comes from Members of Parliament (MPs) who have seen first hand their constituents falling victim to these schemes. Just last year, HEART had to defend its honour when unscrupulous persons sought to defraud Jamaicans with an offer for overseas employment. This was done via a flyer circulated on social media indicating that the agency was working with the Jamaican Consulate of the Cayman Islands to facilitate employment in Cayman. In advertisements placed in the newspapers at the time, the trust advised that it is not mandated to facilitate/guarantee overseas employment and as such would never conduct promotional activity of any kind, making any such claims. On Wednesday, during a meeting of the Public Administration and Appropriations Committee (PAAC), MPs raised the matter as the committee continued its inquisition of HEART representatives. Government committee member Kerensia Morrison expressed concern about unregulated entities offering or promising HEART certification — which could be fraudulent — and questioned what systems are being put in place to clamp down on them. “From time to time, constituents will say to me that they went and they did a HEART training programme at this school and they are unable to get the certificate and I am wondering how many of them are really having a partnership with HEART or they are in a position…to offer HEART certification. So well it could very well be a scam,” she said. Morrison, who is MP for St Catherine North Eastern, provided the scenario of a mother who decided to go back to school and get certified, and “goes to one of these little institutions” that promises a HEART certificate but after completion gets the run-around for months, years, having spent money to attend. “It is heart-rending,” she said. Opposition member and MP for St Catherine Southern Fitz Jackson said he has also encountered the issue of constituents being duped by some of these entities offering HEART and other programmes. “In my constituency there are some programmes [for which] young people come to my office to seek assistance… it’s a ‘no-no’… like some of these practical nursing programmes. That is a scam! Because 90-odd per cent of them who leave with a certificate can’t go anywhere. But yet the people who run these programmes make a whole lot of money,” he said. Jackson said that some of these shady individuals use HEART’s name in claiming to be one of its training entities, so many people then believe it is a legitimate programme. Managing director of HEART/NSTA Trust Dr Taneisha Ingleton told committee members that the entity gets reports of fraudulent activities “every now and then”. “There will be a post on social media that this particular person or agency is offering training. When we do our checks, we realise that it’s fraudulent. What we do with that [is] we report internally to our legal counsel and we report externally to the police,” she said. She noted that the National Council on Technical and Vocational Education and Training (NCTVET) which is HEART’s certifying body, has arrangements with private providers to train and certify individuals across Jamaica, which are referred to as Authorised Training Organisations (ATOs). She stressed that only approved entities are allowed to offer training on behalf of HEART/NSTA Trust. “What the NCTVET does to combat that is publishing a list on its website of all of the approved Authorised Training Organisations so anybody can go on to see if this particular one that popped up on social media is part of that approved listing,” she said. Meanwhile, Jackson insisted that the HEART/NSTA Trust has to ensure it establishes safeguards to deter people from attempting to sully the name of the entity by aligning it with illicit activities. “People who are found to be fraudulent must be on the headline, not just because you want to shame them, though that should be part of it. [But also] so that people know, and don’t fall prey to these people,” he said, suggesting that the entities be named and publicly stated that they are operating fraudulently. “Your institution’s name and reputation is on the line. You have to act in a proactive way to protect the integrity and the reputation of HEART. I’m a strong believer in HEART, I’m an ambassador of HEART and that’s why I will passionately try to protect it because we can’t damage our institution,” he said. Morrison agreed and encouraged HEART to engage in a public education programme about its approved training entities. “Let it be out there, big and bold; these are the approved institutions. Anything outside of this, do not sign up, do not spend your money,” she said.

CHAIRMAN of the Education Transformation Oversight Committee Dr Adrian Stokes has flagged the Government’s public procurement system as one factor causing implementation of some initiatives from the Professor Orlando Patterson-led Education Transformation Commission to lag. Speaking at a Ministry of Education and Youth Press Conference on the programme at Jamaica House in St Andrew on Wednesday, Dr Stokes said “procurement issues” have affected plans for the implementation of broadband infrastructure in schools. According to Dr Stokes, “It is quite a substantive piece of work to be done, something that will impact lives in a very big way. “Again we are encouraging the ministry to ensure that the work here is advanced in a serious way. This has the important role of really transforming our education sector, very, very important initiative,” he stated. In the meantime, he told the briefing that “another other important initiative that’s lagging is the procurement of key technological resources, software to aid the project management process”. “As you know, we ultimately want to get to a point where we can have the updates available to the public by clicking a link that requires some work in the back end, including how we organise the project to begin with in a digital way, and there is some work to be done there to ensure that how we store the project data is done in a way that makes users able to access that data,” Dr Stokes explained. He said the committee has been engaging in dialogue with the ministry to devise ways to “get back on track with these initiatives”. The two initiatives were among four that the oversight committee chairman described as “lagging”. The programme’s main objective is to advance the education sector’s modernisation and build on initiatives already executed. These include improving the management of school plants, human and capital resources and student outcomes by 2025/26, and improving school efficiency and administration by establishing a management framework. Other objectives are to increase student access to quality secondary-school places through the construction of six new science, technology, engineering, arts and mathematics (STEAM) and one visual and performing arts secondary-level institutions by 2028/29. Education Minister Fayval Williams, addressing the briefing on Wednesday, said a lot of preliminary work has been done in relation to implementation of the Patterson Report which had made 365 recommendations. “Implementation work has started on 93 of them which amount to about 25 per cent of the total,” Williams stated. Dr Stoke’s indications are the latest in a slew of complaints about the onerous public procurement system. Earlier this month, the issue took centre stage during a meeting of the Public Administration and Appropriations Committee (PAAC) which examined the third supplementary estimates for fiscal year 2023/24 with committee members questioning why capital projects, for which funds were allocated, had not been completed and the unused money “sent back”. Days later complaints about the procurement process came from several other high-profile public servants including Health Minister Dr Christopher Tufton and Members of Parliament Tova Hamilton, Mikhail Phillips, and Delroy Chuck — who have pointed to the almost stifling effect that the procurement process has been having on projects designed to improve lives.

With 47,000 more Jamaicans said to have entered the employed labour force up to July this year, the country’s unemployment rate fell to 4.5 per cent as it continues to trend downward and at record out-turns. The latest figure, as reported by the Statistical Institute of Jamaica (Statin) on Wednesday, was 2.1 percentage points lower than that of July 2022 when the rate stood at 6.6 per cent. It also follows April’s record out-turn when it first dipped to the historic 4.5 per cent rate. In July 2023, the number of unemployed people said to be in country was 62,200, which was 27,500 fewer when compared to the same period last year. The total number of unemployed males was 24,600, down 34.6 per cent while that for females was 37,600, down nearly 28 per cent. “The male unemployment rate was 3.3 per cent — a decline of 1.8 percentage points and the female unemployment rate was 5.8 per cent — a decline of 2.4 percentage points,” Statin’s Director General Carol Coy said in presenting the findings of the July Labour Force Survey (LFS) fielded between July to September of this year, with June 18-24 being the reference week. The youth unemployment rate, which also decreased by 3.5 percentage points, stood at 13.2 per cent in July 2023 when compared to the 16.7 per cent at which it trended during the same period last year. This brought the total number of unemployed youth (ages 14-24) down to 25,600 or some 9,000 people fewer. Coy, in further outlining the data extracted from the LFS 2023, said that the total labour force, which grew to 1.37 million people, was 19,600 more than that of July last year and represents about 65.6 per cent of the country’s population, ages 14 years and older. On the other hand, the employed labour force, which increased to 1,315,100, welcomed approximately 47,100 more people than it did in July 2022 after a larger number of males became employed to the ‘Elementary Occupations’ group as more females joined the ‘Service Workers and Shop and Market Sales Workers’ and ‘Clerks’ occupational groups. The largest increase in employment by industry was, however, seen in the ‘Real Estate and Other Business Services’ and ‘Construction’ sectors, which increased by 14,000 and 8,900 respectively. “Relative to the increase in the size of the labour force, most persons who gained employment were previously unemployed. Females accounted for 54.6 per cent of the increase, growing 25,700 to total 605,200 while the number of employed males increased by 21,400 to 709,900,” Coy also said, while pointing to work hours of 35 hours and above for more than 90 per cent of all persons employed during the survey week. Data from Statin’s report which also indicated that as more people gain employment and fewer remained unemployed, resulted in decrease for those considered to be outside of the labour force or not economically active, of which students and the elderly account for the bulk of the numbers. “There were 722,800 persons outside of the labour force; this represents a decrease of 16,800, compared to the 739,600 in July 2022. There were 296,700 males and 426,100 females outside of the labour force. Among these people approximately 70 per cent were persons in school, incapable of working or 60 years and older,” Coy said. Census still in progress Meanwhile, Statin, which functions as the country’s chief data collection and data processing entity, in responding to questions about the progress of the ongoing census or population and house counting survey which began in September 2022, said that efforts remain underway to have the very important national activity completed. The census which was first stalled by the onset of the COVID-19 pandemic was to have commenced in 2021. However, since its roll-out late last year it has missed few deadlines, after being plagued by a number of new challenges, including recruitment, data collection, high attrition and other administrative issues. “We are in the process of wrapping up the census and we are ensuring that every single enumeration district [ED] is covered,” said Statin’s Deputy Director General Leesha Delatie-Budair, but did not give information about the progress or expected timeline for full completion of the demographic activity.

THE Ministry of Health and Wellness has reported that as of Tuesday, October 17, 2023, there were 434 confirmed Dengue cases in the country from approximately 2,107 suspected, presumed, and confirmed cases. At the same time, there were seven dengue-related deaths – five classified as suspected and two as confirmed. “All parishes continue to observe an increase in dengue cases this year when compared to 2022. Kingston and St Andrew reported the highest number of cases (600) for 2023. However, St Thomas maintains the highest rate of 310.4 cases per 100,000 population, followed by Portland and St Mary,” a ministry release said last night. Jamaicans in the five to 14-year-old cohort continue to be the most affected by the virus, with a rate of 240.4 cases per 100,000 population, the release said. The ministry, meanwhile, has again reminded the public that dengue fever is a mosquito-borne disease that is usually a mild illness in which a person may get a fever, headache, joint, and muscle pains. It said rest and adequate hydration are usually enough to see one through the period of illness. The recommended treatment for the fever is acetaminophen/paracetamol. Jamaicans were, meanwhile, warned not to use aspirin, diclofenac, ibuprofen, or any of the medications/pain relievers known as non-steroidal anti-inflammatory drugs (NSAIDs). These drugs, when used to treat the fever in Dengue, have been known to increase the severity of the disease, said the ministry. Said the release: “On occasions the illness can progress to severe dengue, which can result in organ failure as well as bleeding (haemorrhage) and severe fluid depletion that can lead to shock and death. Persons experiencing fever, vomiting, severe abdominal pain, bleeding under the skin (petechial rash), feeling very weak, or getting confused, are to seek immediate medical attention. “Persons are asked to play their part in ensuring that dengue cases are minimised by monitoring water storage containers for mosquito breeding; keeping surroundings free of debris; destroying or treating potential mosquito breeding sites; wearing protective clothing; and using a DEET-containing mosquito repellant.”

MOUNT SALEM, St James — Health and Wellness Minister Dr Christopher Tufton has expressed concern that unneeded and sometimes damaging extractions are being done on Jamaicans as a way for dental students from abroad to gain experience, and has suggested a policy document, crafted by his ministry’s Oral Health Unit, to streamline missions that come into the country to perform dental procedures. These visiting volunteers often offer their services to the most needy in rural areas of the country that fall through the cracks of the local system; however, Tufton has said that some of them are doing more harm than good. “We want to put a pause or reduce that. For starters, it doesn’t feel right or look right because it can be interpreted as them coming in to take advantage of our population by practising to extract teeth and then leaving these Jamaicans in a state where they now have other issues,” the minister said during a visit to the dental department at Cornwall Regional Hospital (CRH) in Montego Bay last Thursday after his ministry presented two new mammogram machines to the hospital, with assistance from the International Atomic Energy Agency and Pan American Health Organization. In addition to the aesthetic damage, he said, some locals who have had their teeth removed also suffer from social and economic challenges along with the onset of other oral health problems. He has warned that missions which do not provide holistic health care may have a challenge getting into Jamaica in the future. “If [extraction] is all you are coming to do, and bringing dental students who may be competent to do it but are just coming to fulfil hours and practise, we are going to be less welcoming. Because what we want is a proper oral health programme. If you come with a mission, the mission must be fulsome and must create a more long-lasting benefit to the local population,” Tufton stressed. Procedures, he said, should also include efforts to save teeth, such as filling, reconstruction dentures, and the reproduction of dentures. “In a sense, we really need them to come and help us solve some of the problems that they have created. And I say so with the greatest of respect, because I know, at the time of delivery, it is perceived as a good service. But over time it becomes a challenge and we don’t want any interpretation that the people are taking advantage of my teeth to come and practise on people through extractions alone,” the minister said, adding that the hospital has a responsibility to provide the best care to patients. “We have to put more money [and] more resources into equipping them so that when a patient comes in with a toothache it shouldn’t be that the only option [the dental staff] has, because they lack equipment or material, is to extract. They must have the capacity to assess, do X-rays, fill, replace, whatever. That is not their burden; it is our burden in Government. We must put the equipment in place,” said the minister. “So I have asked for a review of that process in order to ensure — through [chief dental officer in the Ministry of Health and Wellness] Dr Irving McKenzie — that we adequately equip our Oral Health Unit. Our oral health is a big part of overall health,” stated Tufton. October is celebrated as Oral Health Month. Last year Governor General Sir Patrick Allen declared October 2 as Oral Health Professionals Day in Jamaica.

A long-standing family dispute over land is alleged to be the cause of a double murder in the Cushnie Road section of Parks Road in St Andrew on Monday evening, cutting plans short for one of two elderly victims who was preparing to migrate to the United States. The two victims have been identified as 76-year-old Walton Pusey and 61-year-old Sylvester Leslie, who was the one relatives said was planning to migrate and join his fiancé in the US. The double murder is said to have taken place between 6:30 pm and 8:00 pm Monday when residents reportedly heard explosions. The bloodied body of Pusey, who is believed to have been the target, was found following the shooting. Tuesday morning, Leslie’s body was discovered in bushes. It is theorised that Leslie, who was on his way home, got caught in the gunfire. One of Leslie’s relatives placed both hands on her head on Tuesday morning as reality hit that he would no longer be rushing to her assistance whenever there was a “manly task” to be undertaken at her house. “Nobody was looking for this,” said the relative, adding that a number of people were in mourning. “Somebody called me this morning and said to run come because he’s dead. I understand that he wasn’t supposed to go to work the morning; he was supposed to go and do his medical to go to America. He was a labourer and was the father of three,” said Leslie’s relative. “We don’t know what really caused this. A whole lot of shots were fired; he seemed to have got caught up in the gunfire. Eyewitnesses said when the car stopped, the man just go in pon the other man and start shot him,” the relative claimed. Pusey’s relatives were still in shock when the Jamaica Observer visited their home on Tuesday. They were in no mood to speak. Residents alleged that it was known to many that there was a long-standing issue between Pusey and a relative over land. They claimed that the land dispute had been the source of misery for Pusey.

SAN JOSÉ, Costa Rica — A diagnosis of athlete’s heart in one of their colleagues spurred the decision of a group of Jamaican student leaders to pitch the topic of affordable, reliable and convenient heart monitoring at the Huawei Seeds for the Future 2023 programme here. Twenty-one-year old student of The University of the West Indies (UWI), Donniver Haughton was diagnosed with the condition this year, and so when it came time to choose a topic for the pitch, the team of seven UWI and University of Technology, Jamaica (UTech) students already had a research subject. Athlete’s heart sees an increase in cardiac mass from the type of systematic training required of athletes. The team of four males and three females formed the start-up CardioPulse Connect, a versatile solution that provides holistic cardiovascular monitoring through AI analysis, assistive technology, and emergency response. Cardiovascular disease is one of the top five leading causes of death in Jamaica, which makes the need for the team’s device especially impactful, explained lead presenter and UTech student Renée Campbell. The technology behind CardioPulse Connect is groundbreaking. The electrodes on the user’s chest, through an inconspicuous (undetachable) device, will register their heart rate, send it to a microprocessor, and then feed it to the unique, user-friendly application via an embedded wireless communication system, giving real time analysis and results. The data will then be passed through the AI network, which will produce accurate results, save it to a cloud server or local storage, and then send it to a doctor via telemedicine. The pitch was part of the engagements of Seeds for the Future participants for 2023, who were trained over a week in Costa Rica. Seeds for the Future is a corporate social responsibility programme of Huawei Technologies. Since 2015, Huawei, a leading provider of information and communications technologies, has carried out the programme for students within Central America and the Caribbean, training more than 400 pupils with the most advanced technologies from the company’s experts. This year, 92 students participated in the programme that offered technological, cultural, and soft skills training in San José. The Jamaican team — Haughton, Brendon Sadler, Gawayne Wright and Kevaughn Williams from The UWI; and Campbell, Brianna Hanson and Dahlia Richards from UTech — joined teams of university students from Guatemala, Honduras, Trinidad and Tobago, Venezuela, Costa Rica, Dominican Republic, Panama, Suriname and El Salvador. “From the very first day we received training from mentors, and they helped us to narrow down the topics and [assisted us] in the decision-making process,” Campbell explained. She said the team has been matched with connections in the health-care and research sectors who may be able to help them move their project forward. For Haughton, whose diagnosis and treatment have proven expensive, fuelling his desire to see an affordable tech revolution for those with cardiovascular disease, he hopes the project can reach the global stage — an innovation from Jamaica that will allow users to have access to the most current technology. The team of future leaders in the STEM space welcomed the experience of the technological and cultural adventure in San José, where they shared with experts and leaders of the ICT industry. Seeds for the Future has been carried out consecutively for 15 years since its first launch in 2008 in Thailand, and more than 15,000 students from more than 500 universities in 137 countries and regions around the world have participated in the programme. The programme has been implemented since 2015 in Central America and the Caribbean, reaching more than 400 students from 10 countries in the region.

JAMAICA Fire Brigade Assistant Superintendent Garnett Douse cut a commanding figure as he strode across to the lawns of King’s House in St Andrew on Monday to receive a posthumous medal of honour for gallantry for his 25-year-old son Larenzo who last November was killed in the line of duty, but few saw the war he fought to maintain that composure amidst the rousing cheers. Pursing and unpursing his lips and inhaling deeply, the senior fireman valiantly went through the motions of collecting the award from Governor General Sir Patrick Allen and left the dais. But it was not long before the tears held at bay in his reddened eyes pooled, then spilled, the force of his grief causing his towering frame to quake as he battled to reign in his emotions. “It was the most difficult thing I have ever done in my life. It was hard, it was hard,” he told this reporter, his voice breaking. Regaining his composure, the sad-eyed firefighter, while gazing in the distance, said his grief was made more pointed by the fact that his son who had followed him into the fire service had harboured further ambitions to follow in his steps. “From he was young he decided that he wanted to become a firefighter. At age 19 he enrolled in the Fire Brigade. I remember that last year I came here, and I received my medal for meritorious service and he said to me ‘Daddy, one day I will get a medal too,” Douse said before once again losing the battle to tears. Larenzo, however, only spent six years in the fire services before he died, the irony being that he did not die whilst fighting a blaze. “He was extinguishing a fire at the Ocho Rios Pier and while standing at the back of the truck a car drove off the road and hit him almost cutting him in two. The fire was out, and he went to turn off the pump,” the grieving father shared. Douse, who said he was attending a funeral in Old Harbour when he got the news of his son’s death, told the Jamaica Observer that his offspring died unnecessarily. “I would say it’s carelessness. The car drove completely off the road and onto the soft shoulder,” he said, quietly dabbing at his eyes. Describing his relationship with his son as “very good”, Douse remembered his son and “his kindness and his mannerism”. “If Larenzo on the verandah and someone is passing, he is going to call to them. Sometimes I would say ‘youth, the people passing, you know is them supposed to call to you’? I remember that clear, clear and his love for his child, that I can tell you. He loved his child,” the father told the Observer. Healing, he said, has been long in coming since the matter is still before the courts as the driver of the motor car that struck his son is facing manslaughter charges. Each time the matter is brought up before the St Ann’s Bay Circuit Court the pain goes to a new dimension, he confided. “It has been difficult. Sometimes I send my sister inside because I really can’t [go in]. It’s rough, it rough,” he said. At the same time, the senior firefighter says he harbours no ill will to the person responsible. “It’s an accident. I really hold no grudge for the man who caused it. But what I know is that when you commit a crime you have to pay a penalty. If it was up to me alone, I would give him a reduced sentence seeing that all of us are drivers. I would say let him serve 60 or 70 per cent of whatever sentence,” he said. Larenzo on Monday was one of the 205 Jamaicans who were conferred with National Honours and Awards at the Presentation and Investiture Ceremony. Five people were conferred with the Order of Jamaica, 27 with the Order of Distinction Commander Class and 36 with the Order of Distinction in the rank of Officer. Some 28 civilians received the Badge of Honour for Meritorious Service, while 29 others were awarded the Badge of Honour for Long and Faithful Service in areas such as community development, community service, education, nursing, dentistry, and the public service. In addition, members of the uniformed groups representing the Jamaica Defence Force, Jamaica Constabulary Force, Department of Correctional Services and Jamaica Fire Brigade were presented with the Medal of Honour for Meritorious Service.

VENDORS from Montego Bay Shoe Market in St James have been left scrambling to pick up the pieces after their wares were destroyed in a fire that razed the establishment early Sunday morning. When the Jamaica Observer visited the scene, vendors could be seen pacing around — some sitting, others standing — as they contemplated their next move following the devastating loss. Clothes vendor Ann Marie Dobson said she and her daughter lost their shops, which were side by side in the space. “A Monday and Wednesday we go and buy our goods, because a every week we go buy goods,” she stated. She said she had to tell her daughter to go home as she was overcome by the incident. “Life goes on. I am Job sister, because Job did lose everything and God give him back 10 times. God will give me back everything, God will restore. My life not gone; I didn’t lose my life and life have to go on,” she said firmly. Another vendor, Oneika Peirce, told the Observer millions went up in smoke in just a matter of hours. “A millions I lose in there, yeah, but I have to just trust God and live because in everything you have to put God first,” Peirce said. She is, however, hopeful that the relevant agencies will come to their aid. “Maybe the authorities will come and do something, maybe like the mayor, the Member of Parliament, the councillor,” she further opined. Compared to a few other vendors who were quite irate with how things turned out, she praised firefighters for their actions on the day. “It’s in this lane here the fire start so, actually, my shop, you would have to be bulletproof vest to go in there. I respect the firefighters in every way because some people just talk, but mouth can’t extinguish this,” she stated. Another clothes vendor, who gave her name as Bennett, said this was the second time she was facing this situation of seeing her belongings destroyed in a blaze. “Second time I burn out; in 2015 I burn out,” she said. Bennett further disclosed how she has been impacted, given the fact that she was in preparation for the usually busy holiday season that is set to get underway in a couple of months. “Everything gone. Just the other day I got some shoes from foreign and have them in the shop and say Christmas I’m going to put them out, and now everything gone,” she lamented. Other vendors bemoaned that, apart from some damage they might have suffered due to the blaze, there are other issues to contend with. “Some man just steal my things, and look how the thing happened. Instead of helping, them a thief,” a man stated about the situation. When pressed, fire personnel explained that they could not provide an estimate for the loss. But the Jamaica Fire Brigade used the opportunity to respond to claims, now making the rounds on social media, that units from the Montego Bay Fire Station, which responded to the fire, had no water. “Nonsense! Our units are parked with water. In fact, we have not depleted our water supply at any time at all during the operation,” said Superintendent Roland Walters who, in responding to media queries about the situation, insisted that fire units designed to carry water, parked at a fire station, are always filled to capacity. He, however, explained that the firemen had connected their units at times to nearby hydrants during the operation, but had to contend with less than optimum supply. “The operation went through seamlessly [and] with sufficient water, even though the water pressure was low in the area. Whatever water water we got from the hydrant was a continuous flow to the fire unit and so, up until now, we have not depleted our water supply,” he said. The St James Fire Department revealed that they received the call about 2:13 am and responded promptly, given that the area affected was just metres away. Three units from the Montego Bay Fire Station, one from Ironshore, and another from Falmouth responded to the blaze. Walters said the operation went very well, despite the fact that the unit responding from the Ironshore station had to leave midway the operation to deal with an accident on the Rose Hall main road which left four individuals injured. The department said they managed to save about half of the 100 shops that were in the space, though the shops were mainly made of plywood and zinc roofing which led to an easy spread. In the meantime, the fire chief sought to empathise with the vendors, some of whom lost their entire livelihoods, but also urged a word of caution given that some individuals tried to douse the flames before calling the firefighters. “People try to help themselves before getting assistance from fire department. When we received the call this morning and arrived on scene there was free burning — approximately 40 per cent of the geographical area was on fire,” he revealed, explaining that this action led to the blaze getting out of control. While emphasising that he understood the desperation in wanting to extinguish flames in the event of a fire, Walters said it is best to call the fire department as soon as such a situation starts, instead of waiting until it is beyond control.

AN elderly Jamaican mother residing overseas is frantic with worry over the whereabouts of her only son, 48-year-old Mark Finn, who has been missing from his St Catherine community since August 22 this year. “I keep calling his phone and WhatsApp, but it keeps ringing and goes to voicemail. I leave messages, but nobody calls me back. I call every day. So much things going on in Jamaica, it’s scary,” the anguished mother told the Jamaica Observer on Sunday. Her angst is multiplied by the fact that Finn, who resided at Lot 415 in close proximity to the Greater Portmore Police Station (Hundred Man), Braeton Parkway, suffers from a mental condition for which he is being treated. The woman said she is at her wits’ end and fears that her only child has been murdered since he has not returned to the home he shares with a stepmother and sibling since then. “He suffers from very bad depression, but when he gets his meds you can’t even know. Oh God, help me! My only child, my only baby, the only one God bless me with, I can’t afford to lose him,” the anguished mother stated. The woman who said she has tried on several occasions to get the police to assist her search told the Observer that “no one cares to help” her. The 66-year-old mother said she last spoke to her son a few days before she was told by the relatives he lived with that he had disappeared. “Before he disappeared he called me and I missed the call because my phone was on vibrate. I called him back and left a message and said Mark, call me back, but he didn’t call me back, he didn’t call me back,” she said forlornly. The mother, who said she tried to ascertain from those relatives how he was dressed before he left in order to supply information to the authorities, said their account was less than helpful. She also said she was not told about her son’s absence until three days after he was missing. “They said he was at the house and he was leaving going through the gate and the stepmom asked him about the light bill, and he left and did not come back. They said he had a black bag on his back, but they cannot remember what he was wearing,” the elderly mother said worriedly. She said Finn, who does not work because of his condition, has only disappeared once before but had been returned home by cops. “About three years ago he was missing and the cops, they pick him up in Ocho Rios. They said they saw him walking and wandering around. They kept him until his dad go and get him. He wasn’t making any trouble,” she shared. The mother, who said she has attempted to file for her son so he could live with her overseas, said he was turned down after the interview because of a prison record, which she says has been expunged. “I filed for my son, and when he went to the embassy for his interview they turned him down for something he did not do. He was accused of breaking glass at a game shop when he was younger. I had his record expunged and they still turned him down twice. I see people kill people and come up here, my son don’t kill nobody, they said he broke a glass he didn’t break and I had his record expunged, and they still turned him down,” she told the Observer. Sunday a representative of the Hundred Man police station in Portmore, St Catherine, when contacted, said she could not verify whether the report was made there at the time. The individual, after conducting an almost hour-long search, told the Observer that no record of a report pertaining to Finn’s disappearance had been found. She said if the report had been made, it would have been logged and easily tracked. Sunday, a family friend of Finn’s mother, who told the Observer that she had known the missing man from he was a baby, said she harbours some hope that he will be found. “To my belief, I don’t feel like him pass or anything, mi feel like him still alive but knowing where he is, it feel hurtful, honestly, because I have kids too and because I know him from he was a baby and he was not somebody who gives trouble; it really hurts. He doesn’t really wander, he goes out like to church. The doctor said he is not a mad person. He has manners and he will stand up and talk to you and he will listen,” she told the Observer. Describing Finn further, she said, “He is a peaceful person, he doesn’t really talk and he doesn’t give problem. He has a little mental issue so I was the one who went with him to the doctor, along with his uncle, on one occasion. He is not somebody who walks dirty or troubles anybody. He will just sit and talk to himself. He is not a menace to society, like go around and lick down people and stuff like that. He is not that type of person.” World Mental Health Day was observed on Tuesday, October 10 this year. Anyone with information on the whereabouts of Mark Finn can contact the Jamaica Observer’s news desk at (876)960-6593 or the Greater Portmore Police Station at (876)949-8422.

AN official of the National Council on Drug Abuse has warned that if preventive measures are not implemented now, more disturbing cases of drug-laced products could reach Jamaica’s shores, and have a devastating effect on its young ones. Uki Atkinson’s comments stem from a recent incident in St Ann where more than 60 students had to be rushed to hospital after they consumed snacks with mind-altering drug components. “I don’t mean to be doom or gloom or predict terrible things happening in the future but I can tell you tha, based on what is happening in neighbouring islands and in Latin America, North America and Europe, it is going to be only a matter of time before other synthetic substances reach our shores,” Anderson, a research analyst at the NCDA, told the Jamaica Observer in an interview. “Last year we heard about the MDMA [Molly or Ecstasy, a synthetic drug known primarily for its hallucinogenic and stimulant effect], and the fact that it is more popular among students and that students can access vape products [means] there is going to be an upsurge in access and availability. And until we put the necessary regulatory framework in place, the necessary interventions in place, scale up the kinds of human resources that we need to address it then we are constantly going to be doing this knee-jerk reaction. We need to put something in place that is coordinated across ministries, agencies and departments,” she said. According to Atkinson, “in recent times there have been increased reports about unregulated products that are on the market that are being sold at various points of sale — including online — where adolescents are accessing a variety of products that are not only cannabis-based but some are also mushroom psilocybin-based, and some other products” about which the NCDA is not at this time certain as to their contents. “So we are aware that our landscape is changing in terms of the kind of access and the kind of psychoactive substances that our young people are exposed to,” she told the Sunday Observer. On Monday, October 2, more than 60 Ocho Rios Primary School students were rushed to St Ann’s Bay Hospital after consuming sweets laced with THC (tetrahydrocannabinol), the substance primarily responsible for the effects of marijuana on a person’s mental state. At the end of that day at least seven were still hospitalised. Since then, a vendor identified as Devon Holness of Mansfield Heights, Ocho Rios in St Ann, was named as a person of interest in relation to the sale of ganja-laced sweets. Then last Thursday, reports of another children’s snack containing THC surfaced. According to Atkinson, who said since then the NCDA has received several reports of other similar products, that should never have happened. “What happened with the primary school, we were not aware that they had these products selling to primary school children. However, since that event we have received calls and reports from other local stakeholders who are indicating that there are other cannabis-infused products being sold. First of all, this should never be so, and the NCDA condemns the sale of edible products, or any other psychoactive substance (including alcohol), to underaged children. It’s not legal in our context and we condemn this practice,” Atkinson said. ‘The next thing that we are concerned about is that some of these products claim to have a particular substance in them, but until we do the necessary chemical analysis of what is in there we can’t go just off of what the label says. For example, some products may say it has a certain level of THC in it but when tested the THC level in the product may be significantly higher. This is not unique to the Jamaican situation; our Caribbean neighbours are also experiencing an upsurge in these kinds of situations,” The NCDA research analyst noted. She said the NCDA is particularly uneasy about the impact on children once these items are ingested. “The significant concern with our children is that when they ingest these edibles infused with cannabis/ganja/marijuana they can have adverse effects on them — which is what occurred with our students. The acute effect can include things like vomiting, dizziness, difficulty walking, rapid heart rate, drowsiness, confusion, breathing difficulties, and in severe cases there can be things like hallucination, abnormally slow heart rate, low blood pressure. All of these things can occur, resulting in hospitalisation,” Atkinson noted. “This was an acute reaction among several of these children because of the amount they ingested. Some of them ate the entire bag, some shared a few with others,” she pointed out. The NCDA, on the heels of that incident, said the affected students would be monitored closely over the next few weeks for psychological effects. It further said that it would be conducting tests on the sweets to determine what specific drugs were infused. “The product has been sent for analysis to determine the level of THC in it as well as to determine if it was only THC. What has occurred in some other jurisdictions is that these things are laced with not just cannabis but may contain other substances,” Atkinson told the Sunday Observer, adding “we don’t know and so we are not going to assume, even though it says its THC”. “That’s part of the problem with access for children because some of the packaging for these products, even though it has THC on the label, primary-aged children and even some adolescents will be astute enough to look and see that the package is not the same candy they are accustomed to buying, because what the distributors do is that they package it in such a way that it looks like the mainstream product,” she said. In the meantime, she said the “very loose regulatory framework” Jamaica currently has is a large part of the issue. “A lot of these products are here, they are being sold in various places, but they have not been

Naturally pained by last week’s stunning developments in the case of his missing 10-month-old daughter Sarayah and her mother, Toshyna Patterson, parliamentarian Phillip Paulwell on Saturday said his heart is heavy with sadness and expressed hope that the individuals now charged with their kidnapping and murder be “punished to the fullest extent of the law”. “The past few weeks have been extremely difficult for me as I grappled with the abduction of my daughter and her mother,” the Member of Parliament for Kingston East and Port Royal said in a statement. “I am heartbroken that the worst has happened,” he said, adding that he had “prayed unceasingly” for their safe return. Last Friday, Leoda Bradshaw, a US Navy petty officer with whom Paulwell sired a now eight-year-old child, appeared in the Supreme Court after being charged with two counts of conspiracy to kidnap, two counts of conspiracy to murder, two counts of kidnapping, and two counts of capital murder. According to the Crown, Bradshaw, after learning about the existence of Paulwell’s 10-month-old daughter on September 5, 2023, contacted Patterson on Facebook and informed her that she was Paulwell’s spouse and advised Patterson that a DNA test should be done to determine the paternity of the child. After that brief exchange Patterson blocked Bradshaw from her account, the prosecution said, adding that Bradshaw, who lives overseas, travelled to Jamaica the very next day, September 6, 2023 “for the sole purpose of killing Toshyna Patterson and the young child she shared with her spouse”. The Crown also alleged that Bradshaw, through her cousin and co-accused Roland Balfour, contracted men to kidnap and murder Patterson and Sarayah. Balfour has been charged with two counts of accessory before the fact to kidnapping and two counts of accessory before the fact to murder. In the meantime, two other men — Roshane Miller and Richard Brown — are to appear before the court later this month in relation to charges against them in the matter. Brown has been charged with two counts of conspiracy to murder, two counts of conspiracy to kidnap, two counts of kidnapping, and two counts of murder. Miller, a 29-year-old air conditioning technician, has been charged with two counts of accessory before the fact to kidnapping, and two counts of accessory before the fact to murder. According to prosecutors, Bradshaw met with Miller and Brown to arrange for the kidnappings and murders. The original plan was to kidnap Patterson and the baby from their home. Bradshaw, prosecutors told the court, paid the men the equivalent of J$100,000 in United States currency as downpayment for the execution of the crime. The remainder of the funds ($400,000) was to be paid after the completion of the deal. Prosecutors said that on Saturday, September 9, Bradshaw “placed several calls and conversed with Patterson, with a view to lure her away from her premises”. She afterwards arrived at Patterson’s home at approximately 7:00 am that day. “Evidentiary material shows Patterson exiting her premises and entering an SUV parked at her gate, along with her baby. Evidentiary material shows that she remained in this vehicle for over 15 minutes. The vehicle then drove off and left the area approximately 7:22 am. Patterson and Sarayah never exited the vehicle prior to its leaving,” the prosecutor told presiding Supreme Court judge, Justice Simone Wolfe-Reece on Friday. The Crown’s case is that Bradshaw took Patterson to Stony Hill in the vicinity of the home where she, Bradshaw, was staying, handed over Patterson and her young child to Brown and other individuals who are yet to be apprehended. “After this, Patterson and her young child were taken to Warieka Hills where they were shot and killed and their bodies burned,” the court was told. In his statement on Saturday, Paulwell said nothing could have prepared him for the events that unfolded since last week Thursday. “That anyone could murder a mother and an innocent baby is unimaginable, and my heart is heavy with sadness,” he said. “I am praying for Toshyna’s family, who I know are experiencing the unbearable grief and pain of losing their beloved daughter and granddaughter. As a human being, father, lawyer, and legislator I am hoping that all who were involved are brought to justice and punished to the fullest extent of the law.” The legislator said he has been in constant dialogue with the police and has cooperated fully with the investigation. “I cannot comment on the investigations nor matters before the court, but I wish to thank the police for their tireless work,” he said, and expressed gratitude to the “many Jamaicans” who have been generous in their prayers as well as their “kind and thoughtful expressions of love, support, and solidarity” for him and his family.

LEODA Bradshaw, the US Navy petty officer to be tried for capital murder in the deaths of the 10-month-old daughter of veteran politician Phillip Paulwell and the child’s mother, one day after learning of the existence of the child, hopped on a plane destined for Jamaica “with the sole purpose of killing Toshyna Patterson and the young child” fathered by the man she considers her ‘spouse’, prosecutors stated in court on Friday. According to prosecutors, who outlined the allegations during a mention hearing at the Supreme Court in downtown Kingston, the fact that the 27-year-old business woman had “blocked” Bradshaw from her social media account did not stop her from travelling here and conspiring with her cousin and co-accused Roland Balford to contract men to kidnap and murder the two. “She learnt of the existence of young Paulwell on Wednesday the 5th of September 2023. Having learnt of the existence of this child she contacted Patterson on Facebook and informed her that she was the wife of Mr Paulwell ,and further that she learnt of the existence of the young offspring of Mr Paulwell. Miss Bradshaw advised Miss Patterson that a DNA [test] should be done to determine the paternity of the child. After this brief exchange the [now-]deceased blocked the accused from her account that very day,” a senior prosecutor told the court on Friday afternoon. “The accused, who is domiciled overseas, travelled to Jamaica the very next day, September 6, 2023. The allegations are that she travelled to Jamaica for the sole purpose of killing Toshyna Patterson and the young child she shared with her spouse. The Crown’s allegations are that the accused, through her cousin and co-accused Roland Balfour, contracted men to kidnap and murder Patterson and Sarayah,” she said further. Bradshaw, who also has a child fathered by Paulwell, and Balfour, a 30-year-old assistant graphic designer of a Kingston address, appeared in the Home Circuit Court Friday by way of a voluntary bill of indictment. According to prosecutors, Bradshaw met with men — to include Roshane Miller and Richard Brown (both of whom have been slapped with several charges) — to arrange for the kidnappings and murders. The original plan was to kidnap Patterson and the baby from their home. Bradshaw paid the men the equivalent of J$100,000 in United States currency as down payment for the execution of the crime. The remainder of the funds ($400,000) was to be paid after the completion of the deal. In preparation to execute their ‘contract’ the men, the court was told, went to the Gilmore Drive address in St Andrew where Patterson lived, during the night of Wednesday, September 6, 2023, to “scope out the area”. They also went to the home where Bradshaw was staying in Stony Hill, St Andrew. A further meeting was held on Thursday, September 7, 2023 to discuss the execution of the plan, the court heard. Prosecutors said that on Saturday, September 9, Bradshaw “placed several calls and conversed with Patterson, with a view to lure her away from her premises”. She afterwards arrived at Patterson’s home at approximately 7:00 am that fateful day. “Evidentiary material shows Patterson exiting her premises and entering an SUV parked at her gate, along with her baby. Evidentiary material shows that she remained in this vehicle for over 15 minutes. The vehicle then drove off and left the area approximately 7:22 am. Patterson and Sarayah never exited the vehicle prior to its leaving,” the prosecutor told presiding Supreme Court judge, Justice Simone Wolfe-Reece. “The Crown’s case is that Bradshaw took Patterson to Stony Hill in the vicinity of the home where she, Bradshaw, was staying. At this location the accused handed over Patterson and her young child to Richard Brown and other persons who are yet to be apprehended. After this, Patterson and her young child were taken to Warieka Hills where they were shot and killed and their bodies burned,” the court was told. Friday, a waif-like Bradshaw, clad in a quaint ivory and lilac, button down, caftan-type garment and furry grey bed slippers, drifted into the courtroom with all the awareness of a child, long hair trailing over one shoulder, a pink and white mask over her lower face, and a white mask almost like a blindfold across her upper face, which she removed upon entering the room. Throughout the statement by the prosecution she sat with her head bowed and eyes closed, changing her posture only when it ended to deliver piercing looks. Her co-accused and cousin Roland Bradford, clad in a white T-shirt and jeans, appeared unbothered, his round face seemingly lit by the semblance of a smile that never quite emerged. On standing to be addressed by Justice Wolfe-Reece, who outlined that they were both to be fingerprinted and remanded until a further hearing scheduled for December 1, Bradshaw, breathing deeply, looked towards her attorneys, blinking rapidly. Bradshaw, the police indicated on Friday during a press briefing held moments before the court sat, has been charged with two counts of conspiracy to kidnap, two counts of conspiracy to murder, two counts of kidnapping, and two counts of capital murder. The capital murder counts are based on the allegations of a contract-for-hire arrangement wherein she is alleged to have paid the persons to conduct the kidnappings and murders contrary to Section (2)(1)(e)(i) of the Offences Against the Person Act. Capital murder includes murder for hire, murder in the course of certain felonies (burglary, robbery, arson, sexual offences), murder of a member of a specified class of persons acting in the course of their duties (security forces, correctional officer, judicial officer, a person carrying out constabulary functions, witness, juror, or justice of the peace), and multiple murders. Capital punishment remains on the books in Jamaica but may only be applied in certain aggravated murder convictions. However, there have been no executions since 1988. Balfour has been charged with two counts of accessory before the fact to kidnapping and two counts accessory before the

MAY PEN, Clarendon — Councillor Uphell Purcell (People’s National Party, York Town Division) is once again warning of an imminent disaster if drainage issues plaguing the May Pen to Williamsfield leg of Highway 2000 are not addressed.” “I made mention in many, many meetings that I am not in support of the amount of outlets that the highway carries and the distance of the major drainages. There are four gullies — the Jacks Gully, Comfort Gully, Decoy Pond, and the St Jago drains — that take the water from the north to the south. The highway is built from east to west, so you can just imagine the amount of semi outlets that have been blocked,” he said. “What we saw with the last major rains is that they have been backed up and the water built up in the communities. On Duke Street there is a section of the highway where the roadway was blocked off and because of that the water is popping up in the community. I am advising that we are still asking NROCC [National Road Operating and Constructing Company Limited] to facilitate the opening of all those drains about two miles down so that the water under the highway can have a wider space to allow the water to run out faster. If we don’t do that, we are going to have serious problems,” Purcell warned during Thursday’s sitting of the Clarendon Municipal Corporation. He said that since the highway was built a section of the Four Paths to Toll Gate main road has been flooded; something that has never happened before. “I want to also state that the St Jago leg to come onto the highway will not be accessible when we have rains. I have warned them about it. I have told them about it and I can’t do any more. It is not going to be accessible when we have rain so nobody won’t be able to come off or go on and will have to use the May Pen leg. I can tell you, that will not be accessible but nobody wants to listen to me. If they do not open the channel to let out the Flemmings Gully, we are going to have major flooding when we have heavy rains,” the councillor said. He appealed to the engineers to revisit the project and find the best way to open the drains. In response the corporation’s chairman, Mayor Winston Maragh, promised to arrange a tour. “ “We will look personally at the locations you have pointed out and then have the NROCC people come to see if the corrections can be made and where,” he said.”

Jamaica lost one of its finest musicians on Thursday with the passing of Michael “Ibo” Cooper, a founding member of Third World, the band formed in the 1970s that played a major role in spreading reggae globally. Cooper, who was 71, was ailing for some time. His death came shortly after the passing of his wife Joy within the last month, and his son, Arif, in March this year. A brilliant keyboard player, songwriter and vocalist, Cooper was a member of Inner Circle band before co-founding Third World with guitarist Steven “Cat” Coore in 1973. In the late 1990s Cooper left Third World and started teaching at the School of Music at Edna Manley College of the Visual and Performing Arts. “He was there for 23 years and encouraged young people to form bands,” veteran broadcaster, actor, and media practitioner Fae Ellington told the Jamaica Observer Thursday night. “I did a few functions where he would come with young people and give them exposure at playing at events.” Ellington, who said that Cooper performed at this year’s Calabash International Literary Festival in St Elizabeth, recalled the ‘Explanitations’ concert series featuring Third World at Little Theatre in St Andrew produced by Freddie Hickling. “He was straddling the keyboard and the synthesizer, playing both… it was an amazing thing, those Third World performances,” Ellington said. “He was one of those outstanding Jamaicans who really contributed significantly to our culture, to our music, but he also had a mind where, if you sat with him he was going to discuss issues, not necessarily music,” she said, pointing out that Copper had studied physics and mathematics at The University of the West Indies. “I remember myself and Maurice McFarlane, who was an engineer at JBC, driving to Ocho Rios one night just to hear Third World play; this was in the 70s, because Third World was the band at the time,” said Ellington. “I thank him for his contribution to our music in particular, but in the last 10 or so years the way he tried to guide and mould young musicians through the Edna Manley College, in particular the School of Music. I can see him now, he would just sit at the keyboard and he would play, he had that skill to play anything any time.”

CHRISTOPHER Townsend, one of four attorneys representing Everton “Beachy Stout” McDonald in his murder trial, painted a picture of Denvalyn Minott, the second witness in the case, as a criminal who is willing to tell lies on even his closest relatives whenever it is convenient for him. Beachy Stout, a very popular businessman in Portland and his co-accused, Oscar Barnes, are facing trial for the July 20, 2020 murder of Tonia McDonald, the second wife of Beachy Stout. Tonia’s burnt body and motor vehicle were later found on the Sherwood Forest main road in Portland. Townsend told the court that Minott gave three statements to the police following the murder of Beachy Stout’s second wife and then admitted that he lied in one of them. The witness admitted during cross-examination on Thursday that he didn’t know whether it was the first, second, or third statement that he had lied on. Townsend probed whether Minott saw himself as a thief and a murderer who at times would pull his machete at people in a threatening way and who, from time to time, would shoot people with his fish gun. According to Minott, although he is currently serving a sentence of almost 20 years in prison for the murder of Tonia, he doesn’t consider himself a murderer. Townsend ventured into a line of questioning that showed that Minott was convicted previously for stealing. “I am a convicted thief,” the witness admitted later. Townsend asked Minott whether he was aware that his son gave a statement to the police describing him as a community don, but the witness said he was unaware and denied being a don. “I have not been a criminal all my life. I am aware my son gave the police a statement, but I am not an area don and I wasn’t aware my son calling me an area don,” the witness said, disputing the argument that he chops up people from time to time and loved to reach for his machete. At the same time, he admitted that he has shot people before using a fishing gun after Townsend quizzed him about a particular case in which he was arrested and charged for shooting a man by the name of “Jimmy” with a fish gun. He also asked Minott whether it was true that on the day the trial was to start in that case Jimmy went missing and the matter was subsequently thrown out. Minott agreed that was the truth. Townsend also accused the witness of telling a series of lies since he was arrested in 2020. Minott, however, denied that he spoke about the Beachy Stout case to cellmates at the Tower Street Adult Correctional Centre in Kingston and that the case was tried amongst inmates in the jail before it went before the court. During his testimony earlier in the trial, the witness told the court that he met and spoke to Beachy Stout for the first time when he went to the businessman’s wholesale in search of a job. He said that when he approached Beachy Stout and told him that he needed a job at the establishment, the businessman allegedly told him that he had better work for him and brought him upstairs to his office in a supermarket he owned. Minott alleged that Beachy Stout took out his phone and showed him a photograph of a woman and then told him that he wanted her dead and that he would pay him $3 million to kill her. In a twist on Thursday, Minott said during cross-examination that on the first occasion when he met Beachy Stout there was no proposal for the murder of Tonia. He also said on Thursday that his wife and daughter had accompanied him to Beachy Stout’s supermarket on the day he previously said he met him for the first time. That information, he failed to mention in court prior to cross-examination. “It was not in the first conversation that he asked me to kill his wife,” Minott said Thursday. Other attorneys representing Beachy Stout are Earl Hamilton, Courtney Rowe, and John Jacobs. Ernest Davies is representing Barnes. The trial was adjourned until October 23.

AFTER eight years as president of the National Water Commission (NWC), Mark Barnett’s future is now uncertain following a damning Integrity Commission (IC) report tabled in Parliament on Tuesday. Barnett, who was appointed NWC president on August 1, 2015 — having served the company in a number of senior engineering roles — is under pressure as Jamaica Observer sources indicate that is it likely that he will have to resign or faced being fired. “He has done really well in whipping the NWC into a fighting and functioning State agency despite calls from some employees for him to go in recent times, but this IC report cannot be ignored,” said one Observer source. “The fact that there has been no strong denial from him so far is telling, and it seems that the prime minister, who is the head of the ministry under which the NWC falls, will have no option but to cut him loose. “The NWC is a key agency in the building approval process and for the IC to indicate that its president breached the rules, Mark will have to show that the investigation is flawed or pay the price,” added the source as the Observer was pointed to the section of the IC report which stated: “Additionally, and equally important, the NWC is a critical component of the development approval process in Jamaica, therefore, the head of that entity, and its officers, should not be seen or found to be in contravention of the laws governing the development process.” Up to press time yesterday, there was no response to the IC report from Barnett, while the leadership of the Ministry of Economic Growth and Job Creation, under which the NWC falls, was also silent. But the Observer sources indicated that a close watch should be kept on any release from Prime Minister Andrew Holness who, up to late Wednesday, was still studying the IC report which questioned if Barnett retains the moral authority to lead the NWC and which suggested that Director of Public Prosecutions (DPP) Paula Llewellyn should consider taking action against him. The IC Investigation Report concerns allegations of irregularities in the approval and post-permit monitoring processes in relation to the construction of a residential development located at 11 Charlemont Drive, Kingston 6. In his findings the IC’s Director of Investigations (DI) Kevon Stephenson concluded that building, planning, and environmental permits required for the construction of a development, consisting of 12 one-bedroom units at the upper St Andrew premises, were issued by the Kingston and St Andrew Municipal Corporation (KSAMC) and the National Environment and Planning Agency (NEPA) to Barnett and his wife, attorney-at-law Annette Francis Barnett. “The DI concludes that Mr Mark Barnett and Mrs Annette Francis Barnett breached the building, planning and environmental permits which were issued by the KSAMC and NEPA for the development…The DI’s conclusion is premised on the fact that the referenced development consists of six two-bedroom units and six three-bedroom units instead of 12 one-bedroom units. “The DI concludes that there was a clear intention on the part of Mr Mark Barnett and Mrs Annette Francis Barnett to contravene the terms of the building and planning permit which was issued by KSAMC,” said the report as it was pointed out that in there was another clause which indicated that the Barnetts would retain ownership of two two-bedroom units and two three-bedroom units. “Clearly, it would be a practical impossibility for the developer to have complied with both of the referenced clause,” said Stephenson. In his recommendation Stephenson called on the KSAMC to take action against the Barnetts and the developer Phillip Smith for breaching the building permit which was granted for the development. “After consultations with the director of corruption, the DPP is hereby alerted to the noted breaches of the applicable legislation for appropriate action, in relation to the prosecution of any viable offence as the DPP may determine,” said Stephenson. He added: “As it relates to the egregious conduct of Mr Mark Barnett, the DI recommends that the NWC apply such sanction as it deems appropriate and necessary to restore public confidence in its leadership and to demonstrate that such conduct cannot and will not be tolerated in public office. “The DI’s recommendation is premised on the fact that Mr Barnett is the holder of a public office within a large and longstanding public body and therefore, he is required, at a minimum, to uphold the laws of Jamaica, to discharge his fiduciary duties without reservations or equivocation and to always comport himself in a way which is consistent with the dignity of that office.” The report also recommended that “necessary and appropriate” action be taken against Annette Barnett by the General Legal Council for breaches of the Canons of Professional Ethics Rule.