Minister Grange Intervenes, Ackee Thief Gets Bail Pending Sentence Appeal

KINGSTON — Minister of Youth, Sports and Culture, the Hon Olivia "Babsy" Grange, has come to the aid of a 30-year-old man, who was sentenced, last month, to three month’s imprisonment for stealing ackees from a farm on the King's House property, home of Jamaica's Governor-General.

The man, Junior Christie, has been given a $30,000 bail by the same judge who had given him the earlier sentence, Her Honour Miss Judith Pusey, and will remain out of jail while Legal Aid attorneys appeal the sentence.

"Once I became aware of it, I immediately contacted the head of the Legal Aid Council, Mr. Hugh Faulkner, and suggested that he look into the matter," Miss Grange told JIS News on Friday (December 02).

"I am not upholding praedial lareceny which, I acknowledge is a very serious threat to agricultural production and food security, however, I felt that there was space for compassion in this specific case, so I asked Mr. Faulkner to intercede and, once bail was granted, I found two persons who were willing to stand surety for him," she explained.

Executive Director of the Legal Aid Council, attorney-at-law Hugh Faulkner, told JIS News that on Friday, November 25, it was brought to his attention that Mr. Christie had been convicted and sentenced to three months, imprisonment the previous day, in the Resident Magistrate’s Court for the Corporate Area, for a breach of the Larceny Act.

He pointed out that the judge had no choice, as there was no alternative of a fine hence imprisonment at hard labour was the exclusive punishment.

Mr. Faulkner explained: "The subject of the breach was forty-three pods of ackee, picked from tree on the Kings House lands in Saint Andrew. It became abundantly clear that Mr. Christie’s case attracted widespread public attention and extended to tremendous public goodwill. Several Jamaicans felt the severity of the punishment did not match the circumstances of the theft, given the fact that he had pleaded guilty and the items, valued at $350.00, were recovered.

"A Notice and Grounds of Appeal were prepared at the Legal Aid Council and filed at the Resident Magistrate’s Court on Monday the 28th day of November 2011. The document filing followed an interview with Mr. Christie on Friday November 25, 2011.

"On Wednesday November 30, 2011, I appeared before Her Honour Miss Judith Pusey, Senior Resident Magistrate, who heard Bail Application and exercised her discretion in favour of Mr. Christie. The applicant was granted bail in the sum of Thirty Thousand Dollars ($30,000.00) with a surety. The Minister of Youth, Sport and Culture took all the steps necessary to assist Mr. Christie to take up his bail offer," he said.

Mr. Faulkner added that help for Mr. Christie was unceasing as "dialogue with the Public Defender, Learned Counsel, Mr. Earl Witter, Q.C., and Deputy Public Defender, Ms. Lorna Errar, revealed a number of steps taken by that office to assist Mr. Christie, notwithstanding, that this matter is outside of the Public Defender’s remit.

"Consequently, Mr. Christie is likely to have an appellate team, including Mr. Bert Samuels and Mr. Jack Hines, among other eminent counsel," he stated.

According to Miss Grange, it should be noted that Mr. Christie spent most of his life in a children's home, and was unable to leave when he should have because he had nowhere to go. She said that since he left the home he has been virtually homeless. However, she said that the Ministry is looking into his plight to offer any assistance that it can.

Mr. Faulkner noted that the Christie matter was an apt reminder that, "notwithstanding pecuniary shortcomings, Jamaicans have institutional support guaranteeing access to justice." He was, however, concerned about public response which had been "unjustly unkind” to the Governor-General, "who, from all reports, is kind and compassionate and was belatedly made aware of the chain of events".

The Governor-General, in a statement on the matter, on Wednesday, November 30, explained that he had no lawful authority to unilaterally grant pardon in the specific instance. He noted that he has to act on the recommendations of the Jamaican Privy Council, which advises him on the royal prerogative of mercy. He had suggested that a submission be made to the Jamaican Privy Council on Mr. Christie’s behalf.

By Balford Henry, JIS Reporter & Editor