BASSETERRE, St. Kitts – ELVIS ‘JAM DOWN’ MANNERS this morning (Jul. 29) appeared at the Basseterre Magistrate’s Court and pleaded not guilty to charges of Sedition.
The matter was heard by His Honour Ronald Benjamin and Manners was represented by Attorneys-at-Law Vincent Byron Jr. and Chesley Hamilton, the latter who told this media house that the case was adjourned and would be heard on Tuesday, September 3, 2013.
According to Hamilton, “We went to court this morning for the Jam Down case and the matter was called. The new DPP came, Mr. Travers Sinanon. I welcomed him on behalf of the defence bar and that also was adopted by Senior Counsel Byron.
“Once that was done, the charge was read to Mr. Manners. He pleaded not guilty and the DPP wanted an adjournment. He said that the then Acting DPP, Rhonda Nisbett-Browne, had carriage of the matter and he has wind of the facts but he had hustled down because the matter was brought to his attention.”
Hamilton explained that the new Director of Public Prosecution wanted to know if the defence counsel had submissions so that he could see them.
“We told him, as indicated by the Court, that our submission will come after what arises in the case and after the closure of the prosecution case, and once that is done we will know where we are going,” he added.
Hamilton further explained that Byron was able to bring to the Court’s attention the process and procedure should that matter arise and how it would go based on the Constitution, adding that not only Section 97 but also Section 18:3 which deal with Fundamental Rights and Protection.
“He was able to show them what the rules are in terms of a reference and rules matter. Therefore, the Court was very thankful for him brining that to their attention in terms of what it takes for a case to be stated if that event arises,” Hamilton said.
Hamilton noted that the Court felt it was only fair and reasonable to give the prosecution the adjournment and that DPP Sinanon asked for a three-week adjournment.
“We agreed for the adjournment so that they would have time to decide where they are going, and the matter was set for September 3.
“However, they have not disclosed to the defence what seditious publication they are speaking about. So they came this morning ready to go or not and up to now the defence have not seen what they are talking about in terms of what is the seditious material. So they promise to give us disclosure and we do believe that they’re going to be a number of constitutional questions that will arise.”
Hamilton stated unequivocally that Sedition was abolished in England and the defence counsel are wondering why they are proceeding in the case against “a poor rastaman”.
“Sedition has been abolished in the United Kingdom and one of the reasons they gave for abolishing it, is that it would be an example to other countries because they felt that they were holding up the UK as a means by which they can oppress their population and oppress others.
“Lee Moore was charged with sedition in 1987 and up to now the matter has not proceeded upon. One of the reasons is, Labour said nobody should be charged with Sedition in a democracy, but they are proceeding with it against our respondent,” he added.
On Thursday, December 6, 2012, Manners was arrested for allegedly displaying a seditious material on a placard during a People’s Action Movement’s-organised “March To Save Our Land”.
He was charged on the following day and was placed on station bail under the instructions of Chief Magistrate Josephine Mallalieu-Webbe.
It was reported that while on the March, Manners allegedly bore a placard with a masked man pointing a firearm at an image supposedly representing the Prime Minister of St. Kitts and Nevis, the Rt. Hon. Dr. Denzil Douglas.
Apart from this morning, he has since appeared three times before a City Magistrate but had his case adjourned on each occasion.