Wilson: “Curious” That AG Commented On Case
Following the Attorney General commenting on the court case in which cannabis charges were dismissed against Thomas Moniz, Shadow Attorney General Kim Wilson said it is “curious that the AG would feel the need to comment when this is a matter purely for the constitutionally appointed Director of Public Prosecutions.”
Ms Wilson said, “The Police determined that this was not a proper case to issue a caution and submitted the file to the DPP who following a review decided that the facts warranted the laying of a formal charge on Tuesday. Yet offered no evidence on Thursday. This begs the question, what were the intervening events?
On December 31, Thomas Moniz pleaded not guilty to cannabis possession and being in possession of a drug grinder. When he reappeared in Court the Crown offered no evidence so Senior Magistrate Archie Warner dismissed the charges against the 19 year old, who is the son of the Minister of Health and Environment Trevor Moniz.
Later that day, Attorney-General Mark Pettingill said, “The ruling of the Magistrate in the case against Thomas Moniz falls well within normal guidelines for a police caution. There is nothing special about this particular case against Mr. Moniz.
“The only thing that is perhaps different, is that usually with a police caution the matter does not go to Court as it did today and is often not a matter of public knowledge.
“Neither the Attorney-General nor the Government has anything to do with the remit of the Department of Public Prosecutions. This was a matter entirely for the DPP as mandated by the Bermuda Constitution, and the Bermuda Police Service, as are all criminal matters,” the Attorney-General said.
Ms Wilson’s full statement follows below:
As the Attorney General for the PLP Government, I was very cognizant of my role as it related to the Constitutionally required separationof duties between the Director of Public Prosecutions and the AG.
You would not have found me commenting on any matters of a criminal nature even if it involved one of my political colleagues.
I adhered to the proposition that Justice has to be seen to be done and that commenting on a matter entirely outside the remit of the post could cause the people to question the holder of that post’s genuine loyalty toJustice and create the perception of political interference.
As Bermuda’s lead Prosecutor, the DPP is responsible with reviewing Police files and determining if the evidence contained is sufficient in laying a formal charge before the courts. The role of AG is to provide legal advice and representation to the government its departments and ministries on civil matters.
Prior to the involvement of the DPP, the Police would have:
- Made the arrest
- Gathered evidence
- Produced a Police file based on such evidence and following the approval of several superior officers along the way
- Presented the file to the DPP who would then make the decision to lay a charge based on the information presented by the Police following their investigation.
The issue of a Police caution as the AG is referring to is distinctive from the above procedure.
Further, the cautioning guidelines which were amended in February 2013, no longer permit the police to entertain a caution for drug offenses regardless of the quantity ,without the prior approval of the DPP.
The PLP government passed amendments to PACE to allow the DPP to issue cautioning guidelines for the Police to allow that in certain circumstances the police can caution an individual as opposed to arrest.
Evidence consistent of simple possession for small amounts of cannabis consistent with personal use was one such example listed in the cautioning guidelines.
The fact that drug equipment was also found may have led the police to the conclusion that this was not a case of personal use. However again this is a matter for the police and DPP, who is authorized to instructed the police to caution or will lay charges
The Police not having the authority to caution without the approval and consent of the DPP submitted the file to him who, following a review decided that the facts warranted the laying of a formal charge on Tuesday. Yet offered no evidence on Thursday. This begs the question, what were the intervening events?
It is curious that the AG would feel the need to comment when this is a matter purely for the constitutionally appointed DPP.
- Kim Wilson’s statement amended on Jan 6, 7.26am
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Wasn’t it Khamisi Tokumbo?A grinder, simply used to grind up the material so it can be rolled and smoked, leads police to conclude its not for personal use? Why? Only in the eyes of the uninitiated . No one talking about the 37 reported dead in Colorado on first day of legalization? (Don’t believe everything you read.)
Lmfao dat story was satire bra…(37 dead)
37 dead from weed… hahahahaha. that news was a hoax. do the research.
http://www.foxnews.com/us/2014/01/05/colorado-toddler-hospitalized-after-ingesting-marijuana/
I also saw this, I am glad she didn’t eat something toxic, I rushed a neighbors child to hospital after he drank bleach years ago and it burned out his mouth tongue and throat, thankfully he made a full recovery.
Most common Poison Exposures for Young Children ( under 6 years)per year US.
1 cosmetics/personal care products 2,692
2 pain medications 1,760
3 cleaners 1,690
4 foreign bodies 1,476
5 topical meds 1,131
6 vitamins 854
7 antihistamines 776
8 batteries 660
9 plants and mushrooms 614
10 antimicrobials 578
11 art and crafts 506
12 pesticides 465
13 cough and cold meds 419
Children represent 45% of all reported poisonings, so please people child proof your homes.
Well if you read it then you would know that the marijuana wasn’t ingested in her home. Actually no one knows where it was ingested, 95% of all you mentioned are things people of sound mind would secure. If a person is high out their heads they aren’t always of sound mind to properly secure their drugs to be kept out of reach of children (especially when you have grown adults with the kids in the candy store mentality with the new law that had passed in the state).
Are you “high out your head”? Where in my post do I say the child ate it in her home? It’s amazing how you get that from what I wrote. You must be on something. Clearly people of sound mind aren’t securing these items properly, or thousands of youngsters wouldn’t get poisoned every year, would they now. Please fill us in on the girls current condition.
You asked people to child proof their homes, I told you this didn’t happen in a home… so the question should be…. Are YOU high?
Child proof your homes, in reference to actual poisonings mentioned in the list, Einstein.
Don’t have to be high out of your head to be negligent. Look at the recent poisonings from detergent packs that look like candy. Wouldn’t a “sane” person lock stuff like that out of sight?
It doesn’t matter if it’s a marijuana cookie or a poisonous mushroom. Unsupervised two year old kids are going to potentially put things in their mouths that shouldn’t be there. At least this kid didn’t ingest something that has a proven track record of killing people.
Let the smoke clear – within a few years it will be no different than going to the liquor store to get a bottle. People will do it ban or no ban – look at the “success” that prohibition had on drinking.
Gettum Kim.Leave no stone unturned on this one.
And had the Attorney General not said anything, the PLP would have said that’s suspicious. Either way you can’t win with these people. They constantly talk about collaboration but then at the same time do everything not to collaborate. It’s like a breath of fresh air not having to deal with the daily mistakes of the PLP. It was disaster after disaster and I think the PLP makes a much better Opposition than a Government!
@CBA,
You are talking asif this GOV have not made mistakes already mate.
There is nothing wrong with what she is saying, as a matter of fact, I’m glad she did.
Take away Kim’s name, and just take the information.
it is a new year and the people are no longer going to stand for all this stupid sh===t that this oba are trying to do
Meaning what? “The people are no longer going to stand for all this stupid sh===t”?
What stupid sh===t?
How are they no longer going to stand? What does this mean?
Hm?
These people?
The AG was forced to comment because Opposition supporters/surrogates – on this site and elsewhere – were already running wild with their conspiracy theories. The DPP must remain independent, as Ms Wilson says. All that the AG’s statement did was to re-affirm that, and try to quash the suggestions by the Opposition that somehow the Government had influenced the decision not to prosecute.
What Ms Wilson should be doing in her public statements is to remind her supporters that people ‘catch a break’ for minor offences like this one all the time – black, rich, white, poor, legal aid or QC defence attorney, OBA son or PLP candidate, it doesn’t matter. Spend any time in Magistrate’s Court and you can see it for yourself.
If it was a genuine “catch a break” event then why did the DPP sent it to the courts in the first place, then present “no evidence” to “throw the break.”
I think that’s the major concern here. If the case did not make it to the courts or the kid was given a break before persons of influence potenially got involved then it may have well been a case of “he got a break”. But the break doesn’t seem to be genuine in this case.
Case in point…
I find it curious that she found it curious!
I think this is where I belong…
Welcome to 2014!!
Given the high profile nature of the accused, it might be useful for the DPP to simply advise that due to the alleged amount it was decided to forgo prosecution. If true, the DPP could also advise that this sometimes occurs for whatever reason.
The challenge as noted by MP Wilson is to answer the question “why wasn’t the consideration for dropping the charges made before the initial court appearance?”
The public should also be aware of the fact that the Crown did not ‘offer any evidence’ does not mean that the alleged drugs and grinder were somehow lost. Rather the DPP decided not to proceed and therefore did not offer and evidence about the alleged crime at the second appearance before the magistrate.
I hope most Bermudian know that…. what happen in the two days from scheduling the case to offering no evidence… did the DPP no know two days prior that they plan to not go forward with the case.. also sending their second to the top lawyer to Magistrate court… yes something smells here…
But you disagree with prosecuting an allegedly dunk driver who allegedly left the scene of an accident.
lol…. sadly Bermudians don’t read for comprehension, but nothing I say will change your mind… what damage can I claim from your slanderous remarks…
I also found it curious that she found it curious.
The PLP finds lots of things curious. One thing that should not be found curious, especially by Ms Wilson, is using a position of political influence to tamper with the operation of the civil service.
Glass houses & short memories come to mind. It happened recently during the 14 year ‘dream time’.
Ha, I must have stepped on some aore toes again & all the PLP blogggers got together & decided to do some ‘dislike’ clicking. Oh come now, is that the best you can do? A simple click? Not even a response from Miss cut & paste Betty.
@ Triangle Drifter,
All you can do is talk about PLP. Talk about the issue at hand. She raised some very good points that deserve answers.
If you think people ticked dislike because they PLP, you really live in your own world lol .People don’t like your statement because you are a blind follower who only likes information when it’s presented by a certain party.
One thing I can say, you earn your groupie status, can’t deny that! lol
i think we’re all a bit curious…..
kinda reminds me of the samurai from fairylands…
You know, the couple times I referred to that case with people I have yet to have someone remember it.
He did time, not nearly enough but he did do time. Not sure how it relates.
Also I think he was a Somerst boy anyway.
LOL
These groupies, He did not do time he chopped 3 people with a samurai sword IN PUBLIC, and got a suspended sentence of 12 mths, blatant class divide. If you also remember this was after the law was changed to a minimum 3 year custodial sentence for a bladed weapon.
You’re wrong, he did do time. Trust me I’m far from a groupie of his and it’s 4 people if you include his stupid self. Can you name one single person that has done or even been sentenced to 3 years after that law?
@ Come Correct
Quoted from a local news article:
“THURSDAY, SEPTEMBER 1, 2011: A 49-year-old man was jailed for three years today after he claimed he was taking a knife to his “mama’s” house.
Dean Burgess, 49, pleaded guilty to having an eight-inch knife in Cedar Park Road on August 30.”
Lol damn I stand corrected again, but one and how long has this law been in place? There may be more but barely a handful. My point was it really isn’t all about race or class but it is never consistent. Something needs to be done. The fairylands samurai is not “high class”, he’s not even from around the area that’s just where the guys were he was after. Fun fact of the day, he was one of 3 yet the only one charged because he had a “bladed” weapon.
@ Come Correct
All you asked for was a single person so that’s all I gave you. If you want more names then do your homework, it’s all in public domain.
I thought the case under discussion was another one. Chase Burgess, 2007, injured 3 people with a samurai sword, got a suspended sentence.
Yes you’re correct however come correct asked for the name of a single person who was sentenced to 3 years in prison for carrying a bladed weapon.
He should have asked how many people received a lesser sentence despite the law stating MANDATORY. I bet it is way more than those who did get the stipulated sentence. This would be like people being given less than a year and a half off the road for DUI, now the conveniently omitted “mandatory” has been added to that particular legislation. Mandatory sentences are generally not a good thing in cases of possessing a weapon, for instance,because it, theoretically, removes any discretion in situations where a person could be innocent. For example, you borrow a car with a machete in it, unbeknown to you, your landscaper friend had forgotten to remove after work. 3 years? $240,000 cost? There has to be a better way. Some of us have hedges bordering the public roads, imagine you step out to cut the side facing the road and you hear a car you turn to see it’s the police. Would the next scene unfold in the same way if the location was Middle town as opposed to Tuckers Town?
@ Come Correct,
Can you show me the story where he was charged and done time? I could have sworn he got off, but let me know if I am wrong please.
Not for the Fairylands case.
“Although the man who wielded the sword faced at least three years behind bars according to Puisne Judge Charles-Etta Simmons, she opted not to jail him due to his youth and previous good character.”
Ah right, then he violated the conditions of the suspended sentence and did, I believe, 15 months. Sorry was going by memory. He’s a waste of life anyway, not even worth the 75c for a bullet.
I’m not sure I get the point of this press release unless it’s aimed at solidifying the publics suspicion. I mean it already stinks. You think the AG is just going to come out and say “well you know, ya boys pops is a bigga so he pulled some strings an bang”? No way, not neva. Not so well played oba, not so well played.
Oh this is so last weeks news. It takes this long for somebody from the PLP to come out & say something. It is political pot, sorry, stirring. Nothing more. Time & money could be spent on something much more important than a supposed trace amount of weed.
If somebody screwed up dealing with this case, find out who & deal with them. BPS, DPP, somebody somewhere messed up.
Lets hope that the OBA will get on with the decriminalization of weed & dragging people into the courts for what amounts to personal use amounts of pot will be a thing of the past.
Pure political posturing, nobody knows what the other is thinking or why by took certain actions except for that person or party of persons. Not like the PLP ever inferred in the courts, maybe hey find it curious they can’t understand why the current administration would decide to comment on the matter, because their historical records shows that they believed they never had offer the public any sort of comment on any matter.
To the OBA Government. If the DPP/Police policy is to caution first time offenders for possessing up to whatever the amounts are, why not just decriminalize marijuana altogether for let’s say up to 20 grams. It seems a bit unfair to arrest, process, charge and possibly have a person appear before a court to only then decide not to proceed because the prosecution caution individuals for possessing certain amounts of marijuana. It also seems a bit unfair that a person caught on three separate occasions may not be considered for a caution. Personally if it were up to me I would decriminalize marijuana altogether and let the police focus on more pressing issues. The amount of time, energy and resources that have been placed in policing marijuana has did little to better Bermuda and it’s citizens.
Why 20 grams? Why not 20lbs? There are no limits on cigarettes, alcohol, non prescription pharmaceuticals or even pesticide all of which present a real danger. It doesn’t just seem unfair, it represents a huge waste of money, time and resources better directed elsewhere. The “caution ” also strangely equates minor assault with possessing herb, so you can get a caution after giving someone a ringer ( as long as they are a nobody). Addiction is a medical health issue, not a criminal act, locking up the afflicted has never and will never solve anything.The President of Portugal pointed out: We don’t jail type 2 diabetics for overeating over the holidays and then requiring dialysis.Drug users deserve the same respect and rights.
Don’t just dislike, prove me wrong.
If the AG had NOT commented, the PLP headline would of been: “Wilson: “Curious” That AG Hasn’t Commented On Case”…
This is one of those incidents that now has a life of its own and will continue to be rehashed every time the OBA need a slap in the face. This case was made for politics!
not what you know,but who you know!
if this had happened to some back of town boy it would a different situation
Good thing the OBA will only be serving 1 term as the Govt so enjoy it while it last all you OBA supporters!!!
** lasts **
Good thing the OBA will only be serving 1 term as the Govt enjoy it while it last all you OBA supporters!!!
** lasts **
You don’t think people are going to forget that quickly do you? The financial mismanagement under the PLP was utter and total incompetence. No excuses and people will NOT forget.
The PLP would like you to forget. Like the Platinum Period, they want the 14 year ‘dream time’ of total incompetence to be totally forgotten, like it never happened.
Don’t worry Bermuda this OBA Govt is only in charge for 1 term let them enjoy there last 2 years!
** their **
Lol @ this OBA Govt 2 more years then bye bye!!!
Saying the same thing, even a wish that you’re wishing THIS hard, over and over doesn’t make it true.
Only thing is, If the PLP get back in then we are completely sunk.
Better the OBA than the completely useless PLP.
I think not. I’m already tired of the OBA’s shenanigans. I’m not entirely surprised though. As the OBA is made up of mostly UPB, I think it’s safe to say that leopards do not change their spots.
There is almost no content in here. Just the usual “OBA is UBP and they’re baaaad, man.” smear.
What shenanigans?
If a leopard does not change its spots why should the PLP be voted in again?
I am curious, when will this story die? Seriously folks.
If the OBA only has one term that means Bermuda has not survived ….
The OBA keep us informed,the PLP did sneaky,unethical but not illegal stuff! Which one would you choose?
all prosecutions in Bermuda are selective. the weed law is designed to keep poor Bermudians down, be they black, Portuguese or white, while rich Bermudians keep making healthy profits. some families make millions a year, black, Portuguese and white. weed is how we assassinate character here, so we can deny opportunities to our own people. hes lucky hes rich and connected, imagine what happens to a poor man. the legal system and police have long been rotten and corrupted by drug money. the government never wanted to win the war on drugs from the getgo, its all about control
junkies decide elections in Bermuda anyway, not the oba or plp. so stop tryin to score political points off a weed system designed to destroy the lives of selected people, while enriching the lives of others. take marijuana off the misuse of drugs act, its easy, the stupidest lawyer could do it. just take the act and cross out all reference to marijuana. oba and plp are at war with the people. go junklies