Machel, Kernel waiting to challenge convictions

Justices of Appeal Alice Yorke-Soo Hon and Mark Mohammed yesterday acceded to a request by Assistant Director of Public Prosecutions (DPP) George Busby, “in the interest of justice”, to obtain reasons of Magistrate Maureen Baboolal-Gafoor on December 10, 2012, in finding Montano and Roberts 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.

The new hearing date set for the appeal is April 26; exactly ten years after the fracas took place. Montano was found guilty of assaulting Gerard Bowrin, Janelle Lee Chee, Brandis Browne and Russell Pollonais.

Roberts was found guilty of assaulting both Browne and Pollonais. Two other artistes Joel ‘Zan’ Feveck and Rodney ‘Benjai’ LeBlanc, also charged alongside Montano and Roberts, were found not guilty. Both Montano and Roberts were in court yesterday.

Objecting to the move to obtain the magistrate’s reasons were attorneys representing the two, who argued that not only were they surprised that efforts had been made by the prosecution to do so, without notifying them, but also that Baboolal-Gafoor has since retired from the bench and her judicial authority had ended.

Montano’s attorney Jagdeo Singh questioned the magistrate’s jurisdiction “after such an inordinately long period” to give her reasons, warning that to do so would be contrary to justice and judicial accountability and could lead to reasons being tailored around the grounds of appeal.

He said the statutory allowance for the provision of reasons by a magistrate was 60 days.

Roberts’ attorney Keith Scotland also relied on the Canadian authority provided by Singh to argue that the time between the magistrate’s decision to convict his client and the appeal was inordinately long. He also complained that his client, as a result of his conviction, was unable to travel to United States territories to perform and this has severely hampered his earning capacity.

When convicted, Montano and Roberts were spared possible jail time and instead 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 was reprimanded and discharged for that offence. He has apologised to the assault victims. Also appearing for Montano were attorneys Larry Williams, Kiel Tacklalsingh and Vivek Lakhan-Joseph while Daniel Khan and Asha Watkins-Montserrin also appeared for Roberts.