Counsel to put up vigorous defence
BASSETERRE, St. Kitts – PROPRIETOR of public relations firm Disseminateit, Charles Jong, has found himself facing criminal charges after former Member of Parliament G. A. Dwyer Astaphan lodged complaints against him with the police.
The complaint, SKNVibes understands, is that Jong, on two separate occasions, sent messages to Astaphan’s cellular phone which, according to the complainant, contained “abusive, insulting and disrespectful language” directed to him.
Astaphan, in an interview with SKNVibes alleged that the two messages were sent on April 15, 2011 and May 22, 2011.
“When I got the text message on both occasions, I called the number from which I got both texts messages from my landline and the voice I heard at the other end was a voice I know…a voice I know very well. I reported both incidences to the police.”
Defence counsel representing Jong, Sylvester Anthony, explained to this publication that his client was charged under the Electronic Crimes Act, specifically with knowingly using a certain computer system, to wit a cellular phone, without lawful justification to send messages to Astaphan that were obscene.
He said this is the first time in the history of St. Christopher and Nevis that someone is being charged under that section of the Act.
Although not at liberty to discuss certain aspects of the case because of its sub-judice status, Anthony expressed the view that the charges brought against his client “are without merit”.
“…And I am surprised that the police have allowed themselves to enter into this situation. It is the first that charges are being laid under that section of the Act. It is important because, at least, the court will get to pronounce on those charges and we will have a better sense of what is required in order to satisfy the ingredients of the offence.
“But allegation is that the phone from which that alleged message was received is a phone which had a number that was assigned to my client. But the offence requires proof that the message was sent by the person. It is not our position that the phone did not belong to our client. That is a matter for them to prove.”
This media house understands that Jong was arraigned today at Basseterre and he pleaded not guilty to the charges.
A trial date has been set for January 30, 2012 at which point “we will put up a vigorous defence of Mr. Jong and we will put the police and Mr. Astaphan to strict proof of their case”, Anthony declared.
Dr. Henry Browne is also said to be on the defence team.
