. . . in further trouble with immigration 
BASSETERRE, St Kitts (Caribbean Net News )– A Guyanese woman still in police custody in St Kitts despite being convicted and fined after elections charges were brought against her, is now in further hot water.

Joylyn Ross was charged with being at the polling station with a Motorola phone on Election Day. She was convicted on the first charge and fined EC$3,000, which the magistrate ordered must be paid within six months. A second charge brought against her was dismissed. 

However, the police are refusing to release Ross despite magistrate Yasmine Clarke concluding that the issue of her immigration status will have to be determined by the Ministry of National Security. 

The police are contending that Ross has no legal time on the island and therefore cannot be released. She has, however, been asked by the police to pay the fine and also to secure a ticket to Guyana. 

When the case was first called on Tuesday morning to an overflowing court room, Chesley Hamilton appeared for the defence, while the police had their case presented by Inspector Trevor Mills. Hamilton is contending that the action of the police flouts the court’s ruling. 

The inspector argued that the defendant had no legal time on the island and thus should not be granted bail pursuant to a bail application put forward by Hamilton. The magistrate then asked, “…can I release her if she doesn’t have time on the island?” 

Responding to the magistrate’s question both Inspector Mills and Assistant Commissioner of Police Joseph Liburd rose and responded by stating, “No.” 

“If she was granted bail by this court we will re-arrest her, your honour, as she is in breach of immigration policy,” Liburd said. 

The magistrate then noted that the law gives the police certain powers, which also centres on immigration. 

“There are two matters here, one that deals with criminal and the other that addresses immigration and I want to state that I have no authority, no jurisdiction on immigration related matters,” the magistrate told the packed courtroom. 

As magistrate Clarke made her statement, Hamilton requested time to converse with his client so as to get the details of the case, as he pointed out in court that he was only retained as the woman’s lawyer the same morning. 

Liburd reiterated that the woman has no immigration status, noting that bail should be refused when Hamilton sought again to convince the magistrate to release the woman on bail. 

After the prosecution and defence were evidently on loggerheads with regard to whether and how the matter should proceed, the magistrate enquired if the police were ready to proceed with the case if she was going to hear it, and they responded in the affirmative. 

During at the break, the Assistant Commissioner of Police was asked by this reporter if the public were properly sensitized on the new law, which was passed by parliament in December 2009. 

He said that he is satisfied that the public was fully aware, noting that leading up to the elections there were several notices cautioning voters on the use of their mobile phones. 

“The public had sufficient time to become aware of the new law and therefore I believe that they were fully aware of it,” he said. 

It was then decided to adjourn the case until 1:30 p.m. after Hamilton’s 1:00 p.m. request was turned down. When the case got started at 1:30 p.m., Ross made her first appearance and, after a brief presentation, Hamilton requested the court’s mercy on the woman, taking into account that it was her first brush with the law. 

The magistrate in handing down her judgment ordered that Ross pay the state the sum of $3,000 within the space of six months.

In speaking to this reporter, Ross said that she had hoped to be given an opportunity to address the court in her defence. When asked as to her thoughts on the decision, the mother of one broke down in tears, saying; “…all I want is to be able to be set free and see my daughter, God, my God, why are they treating me like a criminal, I am no criminal and this is not fair,” a tearful Ross said. 

She said that, while she has been given six months to pay her fine, the immigration authorities should allow her some time on the island so as to get a few things in order, as she has a number of things at her apartment among other things that needed to be sorted out. 

She said that she is fully aware that her situation is one of political mischief being created so as to silence persons who want to speak out. 

“This can never be fair and it pains my heart to know that I am being kept away from my three-year-old daughter, as I do not know how she is doing, I trust that the Prime Minister will come through with his promise of looking into my matter, as I need his intervention because I have no problem in leaving but I beg to be given a chance to leave properly,” Ross said. 

Police Public and Press Officer, Inspector Vaughn Henderson, said that immigration police gives the Commissioner of Police as the Chief Immigration officer the right to decide whether someone should be deported or not, adding that the actions of the police are not ‘out of line’.