Magistrate tells students to shun seasoned gambler’s company

By Pauline Waruguru
Nevis Reporter-SKNVibes.com

~~Adz:Right~~CHARLESTOWN, Nevis - MAGISTRATE Yasmine Clarke yesterday convicted two students who were charged with gambling and cautioned them to stay away from a certain seasoned gambler.

 A 15-year-old, who has been to court on several occasions, 24-year-old Omar Walters and two students were found guilty of gambling in an open place in Cotton Ground on April 23, 2008.

Walters and the teenager, who has had previous convictions, were each fined EC$1 000 which they are expected to pay within three months, and if in default will have to serve three months in prison.

The case was prosecuted by Inspector Andre Mitchell and Angela Innis represented three of the defendants while Tameka Graham represented one of the students.

Evidence given in court by Constables Irvin Bradshaw and Delroy Harris revealed that the officers confirmed from a distance that the youngsters were gambling because there was an EC$10 bill on a galvanised sheet on which they were playing card. The officers searched the youngsters and found a collective sum of EC$106.05 in their pockets. One of the youngsters immediately ran away on seeing the police but reappeared at a Police Station two minutes after the others had been taken there.

All the defendants told the court that  they were playing a “friendly game”. The defendants also told the court that the money found in their possession was their pocket money. The youngest, a 14-year-old student, said the EC$12 taken from him by the police was his lunch money. All the defendants, except one who had remained silent, said the police were lying.

Their attorneys submitted that the land on which the police had arrested them was private property. But Prosecutor Mitchell stated that the court did not limit police access to private land or even residences as long as an offence of gambling was being committed. Mitchell submitted that the law spoke to “any place” as long as gambling was taking place.

Magistrate Clarke agreed with Police Prosecutor’s submission and told the defence lawyers that Section 27:6 did not limit the Police: “Police officers can go on private property and confiscate money and any gambling instrument.” She said if one reads the whole of section 27, “any other open place” is not limited to this section. The Prosecution has satisfied court”.

When the defence lawyers asked for the charge to be dismissed, Magistrate Clarke said the defendants had told lies in her court. She said despite the fact that they had taken the Bible and sworn to tell the truth, they had lied.  The Magistrate said one of the youngsters had  opened his mouth and said “…the day they catch us we were gambling,” and quickly stopped.  He had, later in his evidence, denied he and others in court were gambling.

After the prosecution and the defence lawyers had made their final submissions, Her Worship said she had no doubt that the defendants were gambling. The Magistrate also said she has no mercy on people when they lie in court.

Prior to announcing the sentence, Magistrate Yasmine Clarke spoke firmly to the defendants. “I have no doubt you were gambling. You told a lot of lies. I would not have recorded a conviction if you did not lie. I will not send the two of you (referring to students) to prison but I will record a conviction.”

Turning to the teenager who has been to court on several occasions, Her Worship said he had a previous gambling conviction. She told the defendants that they had wasted her time. She also took offence with the defendants for swearing to tell the truth while holding the Bible and later telling lies.

The Magistrate told the juveniles if they should again gamble she would send them “upstairs” where they would be given strokes of the cane. “Keep away from…(name withheld because the youngster is underage). He has been to prison for other things,” Her Worship said.

“When you come before the Magistrate you must tell the truth. If you have committed an offence do not waste time,” the Magistrate told the defendants.