St Ann and Brown’s Town RM Court in particular hit the news last week and will continue to be a topic this week as the Chief Justice Zalia McCalla meets with members of the Police Federation upset about the detention of a woman corporal on the orders of a senior resident magistrate.Lawyers have argued there is a lot of misinformation about the incident in court Monday, February 2, and say the RM has been put at a disadvantage because she cannot speak publicly about it. She did, however make a reference to the events Wednesday, February 4.
The North Coast Times has been investigating and found the following:
A case was called up in court Monday in which Peter McHugh was representing a man charged with assault and who subsequently brought a complaint against the man with whom he was in an altercation. It’s what people call a case and cross case. The case had come up two times before and the court had asked for the file to be completed. But the other man has not been charged. The investigating officer from the Bamboo police station was not in court but the woman corporal from the station was there in another case. Senior resident magistrate Andrea Thomas expressed concern that the investigation was not proceeding with enough speed. The corporal responded that the officer was not there. She was unable to say what was holding up the file. She said she was not the senior officer at the station. The magistrate asked what was being done and the woman corporal responded. In the exchanges, the magistrate told the corporal that her body language and tone were inappropriate and rude and asked her twice to tone down and apologize. She did not and the magistrate asked an officer to arrest her for misbehavior. At an apparent reluctance of the officer, the magistrate said she would soon check if the woman corporal had been taken into custody as she ordered.The magistrate did not tell the officer to take the corporal to the holding area. An attorney, speaking with the North Coast Times insisted that though she was not there, she knew that no magistrate or judge could order where someone in the custody of police could be detained. The police station itself was an option, just 100 yards away, next door to the court.The corporal in her uniform but not restrained was walked downstairs, ahead of a contable, where three male prisoners were being held in a holding area.She was there no more than seven minutes before news spread about it and a senior officer removed her and took her back into the court where she was asked to apologize to the court. She did.However, the matter was not finished, the incident reached the media and the Police Federation swung into action. It dispatched an officer to Brown’s Town and at the same time contacted the high command and issued a press released in which it said the corporal had been groped while in the holding area. Superintendent Steve Brown left St Ann Headquarters in St Ann’s Bay for the Brown’s Town station. Reports from police are that the corporal had also fainted. She received counseling and five days sick leave.By the following day, Tuesday police protest started hardening and affected the courts in St Ann’s Bay and also Brown’s Town where officers were reporting sick. By Wednesday, the action escalated, when RM Thomas was back at Brown’s Town RM to preside. At scheduled court start, no police officer was in sight and though the RM was in chambers she didn’t emerge. Court officers went in to see her as did an inspector of police. About 10:25, an admin officer informed the people waiting that the court would start soon.. But it did not start until 11:10 when the magistrate entered, still with only her security detail at the door and the inspector in an adjoining room. The session progressed normally thereafter.
But on Thursday there were more delays in St Ann’s Bay, where Ms Thomas was presiding and in Brown’s Town. Court went ahead. On Friday there were no hitches as officers including some senior ones were in place.Lawyers spoken to by The Times were divided in their stance about what was emerging. Some claimed that RM Thomas was often testy. “She has been aggressive and even speaks to senior counsel (attorneys) sometimes in a way that is disrespectful,” said a male attorney“I welcome her approach. She doesn’t stand for foolishness and has chastised police for sloppiness…so they don’t like her,” said another who was in court on the day. “She is not afraid of anyone.”
MAGISTRATE RESPONDS
On Wednesday, February 4 when, stone faced, senior RM Andrea Thomas entered the Brown’s Town court, people with business in the packed court had already been discussing Monday’s events. There were four attorneys in their seats and all the court officers were long ready.She apologized for the late start then said it was because of circumstances beyond her control, about which she would not speak. Having said that, immediately the senior RM said no, she would comment. She did not mention the incident but said: “ I am not going to resile from my duties… I will not allow anyone to disrespect the court, to dictate to the court or be rude.” She cast her eyes across the court. “I will not be intimidated and will not tolerate disrespect of the court. That’s what I was sworn to do.”Pearline Bailey, a senior attorney rose: “All officers must show respect to the court and behaving in a manner that is becoming…” She said she was not in court at the time of the incident and implored everyone concerned to allow the truth to come out. “There is a lot of misinformation out there,’ the attorney said.Ms Thomas responded. “Thank you. I understand it…when you realize you don’t have any legs to stand on…you manufacture something.”She then began to take cases, with her police security officer calling out names from the door.
