WRONG_WOEID WRONG_WOEID

Beyond the Grave Dead Men Tell No Tales

R- Chief Magistrate Joanne Walsh, Attorney Steadroy ‘Cutie’ Benjamin and Police commissioner Vere BrowneExcept secrets confided in close friends, undeniably true is the cliché suggesting that, “...Beyond the grave dead men tell no tales.”

Thus, like many others who were “...tragically killed,” this speaks true for the unsolved “...Tristan Alley Double-Murders” of Alwyn Robin and Alex Riviere. The professionally trained Law enforcement investigators know that some tragic killings were not committed without some “...underlying reasons and selected places.” These were often,” ...very carefully planned, surprisingly and clinically executed.” The list of tragedies includes the execution of “...Dion Wiley” in the vicinity of the Sir George H. Walter Highway and Pigotts main road where he was shot to death. Moreover, those who had reportedly “...kidnapped, bound, gagged and executed Green House Posse boss Desmond Octave” in the Yepton’s area, speaks to such planning and execution. Then there was the feudal daylight killing of George Edwards “...Little George,” perpetrated at the busy Grays/Green ‘Knuckle Block.’ Then followed by the ambushed “...execution” of one of the nation’s most feared gunmen, suspected “...cold-blooded killer” Garfield Warner, aka ‘Lion' at his Horsford Hill home. Even more daring was the “...execution-styled killing” of Aaron ‘Gumby’ Joseph at his “...shady-like business place at Cooks Hill.” Whatever may have been their secular deeds, “...Beyond the grave, these men can no longer perpetrate evil or tell tales against their rivals.” These may remain for some time as “...Cold Cases.”



SIMPLE LOGIC
A pattern of behavior suggested that such killings were committed “...selectively and discriminately.” Invariably, death visited upon those who became victims to their own criminal exploits. It came upon them even before many could say “...Cain Killed Abel” [Genesis 4:8]. Seemingly with “...Pre-conceived Ideas,” Law enforcement had the “...investigative radars locked on to the “...Caretakers Arleigh Byer and Cosbert Sargeant as prime suspects in the Robin/Rivierre murders.” However, “...Simple Logic dictates” that any place where there was a violent death, Law enforcement was bound to deem it the “...Crime Scene.” It was basic investigative procedure to take full control.” Simple Logic also dictates that even suspects of “...feeble intellect” were not going to perpetrate such heinous criminal act as a “...double murder” at his home or that which he “...cared for.” Thus, it was unthinkable that Law enforcement investigators would believe that criminals would keep significant quantities of “...Drugs, Guns and Money” where they dwelled. Citizens of average intelligence, criminals and Law enforcement investigators know that such scene “...necessarily involved thorough and extensive searches” of all areas, concealed or otherwise, where “...incriminating evidence may be found or discovered and seized.”

FEARLESS CITIZENS
Most interestingly, while the horrific “...Tristan Alley Murders,” frighteningly, but aptly described as “heinous,” citizens harbored no fear or became apprehensive over their personal safety and protection. For when the horrifying news broke just after mid-morning, Friday October 5, 2012, that “...two bullet-riddled bodies were discovered at a Cedar Valley residence, citizens curiously quizzed each other over who or what stakes might be involved. Those who shall die always knew that like a breath of fresh air, death was always lurking between the “...trigger-guard of a gun.” Ignorant of the facts, this had triggered widespread public speculations over the surrounding circumstances. Like Law enforcement, most were “...speculatively convinced” that the incident may have been the result of a “...questionable deal” that went bad.” Whatever was the game at play, rules may have been broken by Alwyn Robin and Alex Riviere, who had paid the ultimate price.”

DEFEATING THE ENDS OF JUSTICE
Then came the startling revelations of the gruesome discovery of “...two bullet-riddled bodies, identified as those of Alwyn Robin 34, and Alex Riviere 32,” nationals of the Commonwealth of Dominica. The bodies were discovered in pools of blood at the “...Tristan Alley dwelling house,” located at Cedar Valley. When it was further revealed that “...Caretakers” of the property were two former members of the Royal Police Force of Antigua Corporal Arleigh Byer, an attorney-at-law and Constable Cosbert Sargeant, Real Estate business proprietor. The citizenry may feel that Law enforcement may have adopted an inappropriate approach thereby allowed other possible suspects to “...Defeat the ends of justice.”

INCRIMINATING OR PHYSICAL EVIDENCE
In crime detection, not infrequently were some “...incriminating and/or physical evidence left,” either at the actual crime scenes or at those “...concocted by perpetrators distance away.” This has been scientifically proven. Thus, “...Commit a crime and the world is made of glass.” This was how Lecturer/Poet/Essayist  Ralph Waldo Emerson [1803-1882: Compensation] summed it up; “ ...Commit a crime, and it seems as if a coat of snow fell on the ground; ...Such as reveals in the woods, the ‘TRACK’ of every partridge, fox, squirrel and mole.” The fallen snow was recently used by the Los Angeles Police Department (LAPD) in tracking the movement of the notorious renegade former member, Christopher Jordan Dorner.” He eventually perished in a wooden Cabin fire, “...calculatedly and strategically set” by former colleagues, following his short-lived disastrous criminal exploits [February 12, 2013].

DAMNING CIRCUMSTANCES
The quote of Emerson has been the initial guide to many Law enforcement criminal investigators.  Early o’clock in instructional investigative training, personnel were taught that “...Some damning circumstance always exist.”These provide helpful clues as to that which may have transpired, prior to, or during or after the commission of serious crimes. Successful investigation, however, was contingent upon the perceptiveness of the investigators and an understanding of the “...modus operandi of the criminal element. These were to be supported by methodical approaches-techniques, diligence, perseverance, persistent and painstaking efforts. Rushing to judgment had often proved fatal to the investigation and “...travesty” to some suspects, most notably Kenroy Marshall. Such had been the contention of Defence attorney Steadroy ‘Cutie’ Benjamin in the “...Arleigh Byer and Cosbert Sargeant joint cocaine charges.” The Tristan Alley murder investigators appeared not to have found the “nexus” necessary in identifying the perpetrator/s.

DELAYING TACTICS
In most Criminal jurisdictions, when it appeared that “...delaying tactics” were employed in frustrating the “...Course of Justice,” defence attorneys had wasted no time in making applications to Courts for cases to be dismissed “...For Want of Prosecution.” The leading authority on this issue was the English case of “...Allen v Sir Alfred Mc Alpine and Sons [1960: 1 AER: 543]. The Court had set out three primary considerations; (i) ...Inordinate Delay; (ii) ...When Inordinate Delay is inexcusable; (iii) ...When the Defendant was likely to be prejudiced by such delay.” Since every defendant is equal under the protection of Law, irrespective of “...quantities of drugs,” investigators may impress upon the Analyst, after the legally recognized “...Representative Samples” had been taken, to expedite analyses of the suspected substance in facilitating early “...Service and Prosecution.” Even with time constraints, this was a process known to have been diligently, meticulously and professionally completed within “...twenty one days.” This much may be said of Government analyst Dr. Malvern Spencer.



HIDE AND SEEK
In the instant case “...Commissioner of Police v Arleigh Byer and Cosbert Sargeant,” it may have been seen as a game of “...Hide and Seek.” Investigators of the “...gruesome double-murders” having “ ...fortuitously stumbled” upon prohibited drugs, may have found themselves in grave difficulties in proving inter alia, (1) ...They had reasonable suspicions the Defendants had the controlled drug concealed of all places the “...Murder scene; (ii) ...That such suspicions led to an application for a Search Warrant; (iii) ...That they  were the sole occupants and/or dwellers of the premises;  (iv) ...That the search, find and seizure were conducted in the presence of one or both Defendants; (v) ...That when shown the controlled drug, if any, how they responded; (vi) ...The  applicability of the Judge’s Rules then and there; (vii) ...That responses by the Defendants and official recordings; (viii) ...Packaging, Labeling and Signatories of Defendants and/or personnel witnessing procedural formalities.

BASIC PROCEDURAL FORMALITIES
Though these were requirements of “...Law and Laws of Evidence,” these were “...basic procedural formalities.” Director of Public Prosecutions (DPP) Anthony Armstrong had always impressed upon Law enforcement that these were to be completed in facilitating early and successful prosecutions. He had spoken to the dangers of proceeding “...without an iota of evidence.” Until there was an abundance of credible and factual evidence; ...Until Law enforcement can take the proceedings beyond those who “...Can tell no tales,” there may be cause for “...Travesties of Justice.” These were some of the key investigative considerations. Prosecutors have often found these to be “...prosecutorially problematic and/or disconcerting.” Not infrequently had Prosecutors found themselves “...Hiding behind investigations and ...Seeking adjournments.”

DISCRETIONARY POWER
Thus, when Defence attorney, Steadroy ‘Cutie’ Benjamin sought with obvious degree of “...casuality” in impressing upon the mind of Chief Magistrate Joanne Walsh that the “ ...Drug-related Charges” should be “ ...Dismissed” against jointly-charged defendants Arleigh Byer and Cosbert Sargeant “ ...For Want of Prosecution,” it appeared that he may not have made “ ...serious formal and forceful legal applications,” necessary in prompting the Court in calling upon the Prosecution to make counter-submissions as to “ “ ...Authentic Excusable Reasons” why the “ ...Complaints for the related charges,” should not be dismissed. The Court seemingly not risking the “...dissenting and/or rhetorical wrath of Law enforcement,” appeared to have extended its discretion beyond the call for dismissal. Instead, it appeared that the attorneys “...casual approach” may have prompted the Court “...voluntarily,” providing the defence with “...reasons of continuing investigations” and a generous time frame of “...one calendar year” for its completion.”

PROSECUTION’S DUTY
Normally, when the Prosecution sought the “...Court’s indulgence” in granting extended adjournments, it was a duty imposed upon the Prosecution in providing the Court with such “...reasonability and/or relevant information that a “...Complaint may not be dismissed” or that a Tentative of Final date may be fixed for trial.” In its considerations, the Court’s was duty bound to look at (i) ...The administration of Justice; (ii) ...The freedom and liberty of the defendant, whether or not on remand, and (iii) ...The need to protect society.” Thus, a Court was required to perform an acute balancing act between “...Justice: ...Freedom and liberty and the all important function, of “...Protecting civil society.” As a consequence, it was expected that criminal proceedings shall “...proceed with diligence and expedition” [Practice Directions/Legal Dictionary].

FACTUALITY
It was the practical investigative and prosecutorial experiences that when persons were arrested and formally charged with “...Drug-related offences,” Section 5 (5) (b) dictates that they “...shall be brought before the Court within forty eight hours” for trial or other judicial formalities-Bail or Remand in jail. When such appearance was made, Law enforcement prosecutors were ‘FACTUALLY’ stating- (i) “ ... That the Police had reasonable grounds for suspecting the defendant to be in possession of a Controlled Substance/s; (ii)  ...That such possession was ...Actual or Constructive; (iii) or (4) ...The Defendant/s had it under his/her Control; (v) ...That they knew that which was seized was a prohibited substance; (vi)...That the suspected substance had been duly analyzed and declared by a qualified government Analyst to be the “ ...suspected substance;” (vii) ...That they had received the Analyst’s Certificate and  served the Analyst Report on the Defendants [Section 30 (2)/32]; (viii)...That there was Prima Facie and/or incontrovertible Evidence; (ix)...That the Prosecution was ready to proceed with the trial.” When persons were charged with possession of drugs or firearms, it matters not to the Courts the “...sources, origins or how they came into possession.” These are “...Strict Liability and knowledge-based offences” [Misuse of Drug Act: Chapter 283: Firearms Act: Chapter171].

PROSECUTION WANTING
There were several comments to a news story “...Attorney Wants Drug Charges Dropped” Most had reflected some procedural knowledge of Law enforcement. However, the comments that prompted this commentary was one posted by “...Straight Talk.” He/she appeared to have had “...inkling” that Law enforcement might be “...Found Wanting of Evidence” [Caribarena: May 9, 2013]. This was to be seen against the background of that which may have been seen as the “...irrefutable inordinate delay in the commencement of trial.” Luckily for Law enforcement Prosecutors, there was “...an understanding, accommodating and obliging adjudicator” in the persona of Chief Magistrate Joanne Walsh. She had granted adjournments after adjournment in facilitating the Prosecution on “...investigative issues,” seen as bordering the thin line between “...delaying Justice and denying its dispensation.”

BRITISH INFLUENCE
Throughout its dominions, even in modern civilization, the Monarch not only ruled the seas, but also many islands in the region including Antigua and Barbuda, relinquishing sovereignty in 1981. Britain was well known for “...spreading its influence,” ...indoctrinating undeveloped nations and the tender minds of the underprivileged peoples of the region. In its quest in remaining a dominant power, it had done so, with “...imaginative and impractical fabled stories and nursery rhymes.” Through its authors, it had disseminated many “...bedtime stories and nursery rhymes” throughout the “...limited institutions of basic learning.” This was consistently done far more widely than “...proclamation of the gospel as recorded in the sixty six Books of the Holy Bible” [Old Testament 39: New Testament 27]. The British wanted Caribbean children, including the Mighty Sparrow to believe a “...Cow jumped over the moon.”



GRAND DUKE AND LAW ENFORCEMENT
However, with a consciousness and discerning intellect, Sparrow had posited in one of his social commentaries [Dan is the Man in the van: 1963], that though these stories were “...fictitious without pretence,” they not only wanted to create comedians, but also to keep people in ignorance” Then came the “...Grand Old Duke of York.” Regional children of every strata of society had recited that this ‘Duke’ had “...Ten thousand men.” Seemingly, wanted to be sure that “...When they were up; ...They were up” and when they were down; ...They were down,” toying with them, “...He marched them up to the top of the hill; ...Then Marched down again.” Criminals sometimes see Law enforcement in such light, giving rise to “...waning citizen’s confidence in agencies; ...their promptitude, professionalism, investigative ability and effectiveness in crime solvability and control.”

NEITHER UP NOR DOWN
However, somewhere midway, the Grand Old Duke seemed to have been caught in a “...state of indecision” and apparently forced a stop. Interestingly, the Duke’s men had stopped halfway up the hill. Without such orders, that may have been a “...treasonable and hangable act.” This appeared to have left the men hanging in the balance. For half way up the hill, they were “...Neither Up nor Down.” Law enforcement might be hanging in the balance “...scratching for evidence,” both in the Tristan Alley Murders and the Drug charges against Arleigh Byer and Cosbert Sargeant. And as some commentators had posited, they might be “...hopping and flopping” [Caribarena News]. They had given the appearance of having reached the end of their “...investigative tether,” prompting Defence attorney Steadroy ‘Cutie’ Benjamin into craving the Court’s indulgence in dismissing the apparent “...Evidentially Starved” drug charges.

EVIDENTIAL LINK
In the context of criminal proceedings, the “...Neither Up nor Down,” situation might very well be playing out in the “...Tristan Alley Double Murders.” More importantly, however, the situation might also be panning out unfavorably to the Prosecution, particularly in the “...multiple Drug-related offences,” apparently “...hastily slapped” against two retired Law enforcement members. Now eight months after the charges were filed before the Magistrate’s Court, Law enforcement appeared to have been faced with a “...Missing Evidential Link” for a successful conviction and/or commencement of trial.” The difficulty may very well be the “...NEXUS” that links the defendants with the seizure of the Controlled drug found at the Cedar Valley Tristan Alley“...Double Murder scene” on October 5, 2012. These incidents seemed as incredible as the process taken for “...crawling caterpillars to be transformed into “...flying beautiful butterflies.”

HOUDINI ESCAPE
Since “...Dead men tell no tales,” none can be of “...evidential value” to the Prosecution or Defence. The facts disclosed in the particular incident, showed only the presence of the “...lifeless human remains of two men at the “...Murder/Drug Scene.” They could offer no assistance or provide Law enforcement with “...Tales” as to what may have transpired. The agency had confirmed that they were looking at “...two former colleagues.” Then in dramatic fashion, they had shifted investigative attention to a third Jennings suspect. For reasons known only to him, he had made a “...spectacular run” to the neighboring Caribbean island of Montserrat. This was followed by a classic “...Houdini Escape” at the VC Bird International Airport to the French island of Guadeloupe and ultimately to the United States. Likened to the “...Weather” for Law enforcement, when it rains, it pours.”

THE ALLEY OF DEATH
Law enforcement may have disingenuously given the citizenry reasons to believe that they were “...making satisfactory progress in solving the heinous crime, discovered at the “...Alley of Death. This may have resulted when the seizure of cocaine was made in the absence of the defendants “...Arleigh Byer and Cosbert Sargeant.” They apparently had not considered, inter alia, “...Alibis; ...Lack of knowledge and/or ...Accusations of Implantations.”  In eliminating these possibilities, it was Standard Operation Procedures (SOP) that “...Searches and Seizures” were conspicuously conducted in the presence of suspects or some responsible and reputable person connected to the premises and/or occupying family members. Not juveniles. It begs the question “...What did Bold Face say?”

PAPER DEFENDANTS
When names appeared on paper, without ascertaining identities and the existence of persons, such “...names were reportedly charged.” This may speak true of a “...mysterious jointly- charged defendant,” before the Court, known only on paper as “...Jamal Kane.” Though such person was reportedly not “...physically seen; ...formally arrested or Summoned; ...informed orally and in Writing of the reason/s for his arrest or detention” [Section 5 (2): Constitution Order 1981] and/or subject to Bail conditionalities, it might be intriguing to hear what evidence might be led for his non-appearance when his name was called “...three times.” This may very well have been a “...Delaying Factor.” Delays’ in commencing trial of persons “...ACTUALLY and PHYSICALLY” brought before the Magistracy, may not be considered on the grounds of Law enforcement inability in locating those fancifully described as “...persons of interest.”



CONCLUSION
The Courts have ruled that there shall be “...Trial with Reasonable Expedition” [Donovan v Gwentoys Ltd: 1AER: 1018]. The duty of all adjudicators and dispensers of Justice is to prevent these from occurring. The need to proceed with “...Diligence and Expedition,” was said to be consistent with the “...Charter of Rights and Freedoms.” This speaks to the “...Right to be tried within a reasonable time,” while the facts were still fresh within the recollection of witnesses” [Legal Dictionary]. Article 10 of the Universal Declaration of human Rights states “ ...Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligation and of any criminal charges against him”  [1948].  This was to be done within a “...reasonable time.” In some instances, however, this was dependent upon the complex nature of the investigation. Lest it might be perceived as “...Abuse of Process,” as alluded to by Defence attorney Steadroy ‘Cutie’ Benjamin, this may not be used as “...delaying tactics by those who accused and “...hastily charged.

Hits: 5513

8 Comments In This Article   

HEADER   

nothing will happen

#8 reddmem » 2013-07-04 09:49

@ teet. whether or not the involved paties are trying to do damame control as you say, we know that nothing will become of this case. its just another example how our legal enforcers and system is dis-organized; and that money rules. So them cops safe.
0
0
+
−

reddmem

@ straight talk

#7 Teeth » 2013-07-02 10:02

Straight talk sounds like he is one of the ex cops charged. Hmmmmm. Is that the tactic? To utilize these forums and indirectly do some damage control. Now if this is the case then there is no end to manipulation and pretense
0
0
+
−

Teeth

They know what they know

#6 campzone » 2013-05-13 22:14

Time will tell even if the case is dismiss against them it do not mean that they are not involve with what happen, check them back ground while being in the force, they are not genuine more will come out at some time
2
3
+
−

campzone

Another Teachable Moment!

#5 John French II » 2013-05-13 20:22

Notes From A Native Son Of The Rock! Excellent! Sincerely Hope that the Recorded Hits provide an equivalent number of Learning Opportunities. Thanks Mr. Pompey.
Look forward to future Op Ed's giving knowledge on the effects of poverty, poor education, youth unemployment, at risk youth, gangs, drugs, guns, and drug cartels.
Very Much Appreciated.
Respect.
0
2
+
−

John French II

Another Learning Opportunity!

#4 John French II » 2013-05-13 18:35

Notes From A Native Son Of The Rock! Excellent! Sincerely hope that the number of hits provided an equivalent number of Teachable Moments.
Thanks Mr. P.
Maybe one day, you will finally show that critical link not only to poverty, poor education, unemployment, at risk youth, drugs, guns & organized crime.
Much Respect.
0
2
+
−

John French II

Mr. Pompey we need you back as commissioner

#3 Observer 2 » 2013-05-13 11:40

It is quite clear now that the police seemingly had lead the nation to believe that Sargeant and Byer were involved in the murders, and as you have quite rightly suggested because they were one-sided in their approach and had concluded that they were involved because they are allegedly the care takers of the house the police allow those who are involved to get get away with a most heinous crime. My question is why would a man run from poilce, take all those risk to leave the country on two occasions if he is innocent and knows nothing about the double murder?
6
3
+
−

Observer 2

Wrong is wrong

#2 Staight Talk » 2013-05-13 11:15

In my opinion, anyone who would have followed the developments on this story and looked at it objectively would realize that something is wrong on the part of the ONDCP and the Police with these charges against these guys. After two years of investigation according to Colonel Croft they were each charged with 15 counts of money laundering and seven or eight months after you charge them you are saying that you are waiting for information from overseas, that is nonsense. So on what evidence did you charge in the first place? Again why after seven or eight months there is no file before the court for the drugs charges, what can be so difficult about a drug possession case why the police is not ready to proceed? It is very suspicious that they have no evidence upon which to proceed and it is not fare to the persons charged, since they can not travel, I know the businesses for one of the men are closed, the embar**ment to them and their families. We should call a spade a spade, it just does not look good on the part of the ONDCP and the Police.
6
6
+
−

Staight Talk

RE: Beyond the Grave Dead Men Tell No Tales

#1 GoodJobBob » 2013-05-13 03:36

And what do we hear from Charlesworth Hewlett? Not only can dead men tell no tales, the same is true for destroyed audit records.

And what of Leroy King. Who holds his life insurance policy?
4
6
+
−

GoodJobBob

Add comment

Mr. Rawlston Pompey

 Mr. Rawlston Pompey

 

 

 

 

 

Follow us on Facebook

Spotlight on Education

Previous Next
Govt to give Two Uniforms
Antigua St. John's - Minister of Education Dr Jacqui Quinn-Leandro has confirmed...  Read more

Latest Opinions by Rawlston Pompey

App

Android LogoDownload Caribarena's Android App Click To Download

Find us on Twitter!