No reasons from magistrate who convicted Machel and Kernal

In January, Busby was granted leave by Justices of Appeal Alice Yorke-Soo Hon and Mark Mohammed to obtain Maureen Baboolal-Gafoor’s reasons for convicting Montano and Roberts on December 10, 2012.

She found them guilty of assaulting patrons during a fracas at the Zen nightclub at the corner of Keate and Frederick Streets, Port of Spain, on April 26, 2007.

Objecting to the move to obtain the magistrate’s reasons were attorneys representing the two, who argued that Baboolal- Gafoor had since retired from the bench and her judicial authority had come to an end.

Yesterday in the Court of Appeal, Busby indicated that he would have to abandon any defence to the request for the magistrate’s return to give her reasons.

He said the legislation only allows for a judge to return after leaving the Bench and suggested that the legislation be amended to allow the same for magistrates.

Busby was also granted additional time to file the prosecution’s response to Montano’s and Roberts’ appeal of their convictions, despite strong objections by attorneys Jagdeo Singh and Keith Scotland who lead a team of lawyers for the two entertainers.

Singh complained of the “irreparable damage and prejudice” suffered by Montano who, he said, has spent a lot of money to return to Trinidad from California in the United States to attend court and because of the conviction he cannot take engagements or endorsements. (Montano also holds US citizenship.) Scotland, who represents Roberts, reminded the court that the alleged offences took place a decade ago.

Montano was found guilty of assaulting Gerard Bowrin, Janelle Lee Chee, Brandis Browne and Russell Pollonais.

Roberts was found guilty of assaulting Browne and Pollonais.

Two other artistes, Joel “Zan” Feveck and Rodney “Benjai” LeBlanc, who were also charged with Montano and Roberts, were found not guilty.

Montano and Roberts were spared a jail sentence and ordered to compensate the victims as well as pay fines to the court.

The magistrate ordered Montano to pay compensation totalling $13,500 and fines totalling $13,700. Roberts was ordered to pay compensation totalling $11,000 and fines totalling $13,000.

Montano faced an additional charge of using obscene language, but he was reprimanded and discharged for that offence.

Also appearing for Montano are attorneys Larry Williams, Kiel Tacklalsingh, Vivek Lakhan-Joseph and Criston J Williams while Daniel Khan and Asha Watkins-Montserrin also appear for Roberts.