The Safe House Project 2009 for Displaced & Homeless MSM/Transgender reviewed & more


In response to numerous requests for more information on the defunct Safe House Pilot Project that was to address the growing numbers of displaced and homeless LGBTQ Youth in New Kingston in 2007/8/9, a review of the relevance of the project as a solution, the possible avoidance of present issues with some of its previous residents if it were kept open.
Recorded June 12, 2013; also see from the former Executive Director named in the podcast more background on the project: HERE also see the beginning of the issues from the closure of the project: The Quietus ……… The Safe House Project Closes and The Ultimatum on December 30, 2009

Friday, June 27, 2014

Why did CVCC & JFJ not Fund a Project/Home for Homeless LGBT Youth in New Kingston instead of the Children’s Home Fiasco that now obtains?



To think that the Caribbean Vulnerable Communities Coalition, CVCC was founded by powerful LGBT voices and other advocates back in the day in 2004 but as it turns out it is just another feeding tree it seems to “experts” in the HIV/LGBT field towards HIV more so than welfare and rehabilitation work for lives interrupted. 


It cannot be just about capacity building for NGOs and civil society and the holy grail of Global Fund that leads to persons with/groups improved capacity going to nowhere while the very groups/affected populations that they serve sit in extended crisis with very little action to address some of the challenges in a real way.

The recent JFJ Sex Ed fiasco and the Professor Bain conflict of interest/affidavit UWI contract matter has lifted the lid for some persons as to what it is all about but deep mistrust now surrounds what was a well intentioned entity that has been turned into something completely different. Now we see the very own conflict of interest within the CVCC/JFJ themselves making the LGBT struggle look so discoloured and setting us back immensely, while they rightfully pointed out the conflict that obtained in Bain's testimony and his heading the CHART program.

Trouble is as part of the mistrust now emanating especially from the antigay voices is the fact that many of the board members also sit on other boards of LGBT groups thus role separation is impaired and decision making especially when it comes to frontline work is just not forthcoming as more political matters supersede those. The CVCC's own governance page tells it all, see HERE also see: Incestuous messes, poor NGO monitoring & ever deepening mistrust about "gay rights"

LGBT agencies/NGOs seem to be always shooting themselves in the foot.


It took years to get the JFJ, Jamaicans for Justice to be even on the same page in terms on dialogue on LGBT matters as its board back in the day was afraid of being labelled as a gay organization or supporting homosexuality not when several of its board members then were prominent church folk. Now that both organizations have managed to come together on such matters I would have thought with such a stronger alliance more could be done than just the typical public advocacy and more active frontline work outside of the remote assistance to displaced or homeless persons, instead JFJ seems to have been morphed into yet another press release factory with very esoteric narratives; if we notice carefully how the present Executive Director of CVCC (founder and former board member of JFJ) Ms Carolyn Gomes she has learnt the style quite quickly, the press conference recently where two “journalists” clashed with her and then walked out it was clear the prodding been done by Ivan Cruickshank (present Programs Manager & JFLAG Chairman) as what she ought to say as she spoke.

I find it remarkable and many other persons are now asking as the present impasse unfolding has opened the eyes of such and raised the spectre of the anti gay groups who are now resolved to block any moves on a supposed gay agenda why did the CVCC address homelessness all these years? ..... since they have so much money to be taking risks to bypass the Child Development Agency, CDA,and the ministry of youth & culture seeing that the relevant legislation asks for such engagement; then to allegedly pay the six private run children’s homes as reported in the Jamaica Observer June 26 2014 while the Kingston homeless LGBT population issues scream for attention especially since a Channel 4 UK documentary has exposed the issue worldwide, so much so that the Member of parliament for the area Julian Robinson has come out in some supposed call for help obviously due to embarrassment since the film’s airing.

And to think the issue of LGBT homelessness was in fact addressed only by reference by one of the CVCC’s own videos on its website with none other than the former Executive Director of Jamaica AIDS Support Miss Stacy Ann Jarrett under whose tenure prior to her forced resignation by the Jamaica AIDS Support for Life’s Board that also had key CVCC management and board members sitting on it the Safe House Pilot Project for homeless MSM/Trans youth was launched but abruptly closed prior to its three month tenure in the pilot phase. See her take on the matter HERE

Talk about only lip service and crisis advocacy but nothing more, a criticism I have had for some time yet we see the evidence presenting itself at every turn. The CVCC's own wording on MSM implies the violent situations leading to homelessness yet no answer from them on that just HIV prevention based activity, why so comfortable?

Pay close attention to the list of organizations @ 5:50 yet we have so much homeless LGBT youth out there and all that is done is nice public relations. Talk Talk Talk!

The organization's take on MSM:

MSM

"The Caribbean is well known for its homophobia but remains the home to a large community of men who have sex with men, some of whom identify as gay, others who identify as bisexual, and still others who accept neither label. Countries such as the Dominican Republic, Curaçao and Trinidad and Tobago are home to standing gay bars and clubs as well as NGOs serving the gay and bisexual populations.

Other countries, such as the smaller island-states of the Organisation of Eastern Caribbean States (OECS) have smaller and more underground groups. In recent years, however, there has been increasing mobilisation of men who have sex with men in these territories.

Jamaica by far has earned a reputation for being the most violently homophobic country in the region. Its Dancehall music came in for much scrutiny during an international campaign in which the lyrics of some entertainers who promoted homophobic violence, including murder, was sanctioned. While many in Jamaica denied the claims of the activists throughout the Americas, Europe and the UK that the calls for the killing of gay men were intentional, the publication in 2004 of Human Rights Watch report, “Hated to Death”, laid bare the violent exclusion and extreme vulnerability faced by gay and bisexual men in Jamaica, often with the support of the judicial system, especially the police. Defenders of Jamaica’s record point to a broad culture of violence, arguing that gay men are not singled out but are caught up the waves of violence that typify Jamaican life, especially in its capital, Kingston.

The rest of the Caribbean has a much better track record in regards to homophobia, although discrimination is commonplace. Calypso music, traditionally the music of Carnival fun, has also seen its fair share of homophobic music, including a track produced by veteran Trinidadian music producer Alvin Daniel chanting “we don’t want no chi-chi man in di fete” and taken up by Barbados super group Square One. The Dutch and French Caribbean are far more tolerant that their Spanish and English counterparts.

The situation for young men who have sex with other men is particularly dangerous because of the pressure to conform to heterosexuality often combined with isolation from family and community."




I am not surprised as even when some of the men who were housed at the now defunct Safe House under JASL were evicted from Cargill Avenue in front the Green Gables theatre by the police and truck man from instructions from the land owner in 2012 the CVCC which is located just yards from the lot said nothing in regards to the issues surrounding the men, when TVJ’s All Angles shot a full length feature on the men at the same location and further northwards no word came from the CVCC. The closure of the Green Gables bar for example after several squabbles with some of the homeless men and the men crediting drinks without payment and other matters including a homophobic attack in front the building which is located beside the CVCC rented offices and ASHE yet not a word came from them or any public concern shown in addressing the challenges over the many years.

As the eviction notice came into effect in 2009 of the original residence of the Safe House Pilot located at 4 Upper Musgrave Avenue the CVCC said nothing due to the fact that its management are also on the board of Jamaica AIDS Support who eventually kicked out the men due to “rowdy behaviour” when the psycho-social component written into the project were not activated as its lifespan was shortened. Lest we forget JFLAG was also quiet and watched the very forced eviction activity that caused many of the men to be on the road in the first place actually carried out without any moral outcry from within to the men simply because of indiscipline from some of them, what is greater behaviour change by their own recognizance or proper psycho-social interventions with self efficacious activity towards the very behaviour change?



Yvonne Sobers with a hands on approach to the homeless teens in New Kingston by the Shoemaker Gully

The present Dwayne’s House proposal that is only doing remote assistance work under the chairmanship of Yvonne McCallah Sobers of Families Against State Terrorism, FAST and some other pretentious Reverend folks could have done well with some of that funding that went to JFJ and the children’s homes and for all intents and purposes has gone down the drain while damaging the hard fought gains made in the LGBT struggle over these past forty years, psychologically it feels like we are regressed some twelve years as old dormant anti gay sentiments have been reawakened as all kinds of motives are being promulgated by the way the sex education course delivery was handled yet our own (and the numbers are growing) suffer daily right before our eyes as powerful more privileged advocates as it were do work in irrelevant spheres. When the Couture Elements team and the Underlined Response outfit where launched the CVCC and JFLAG were invited to which they never came, the subsequent short lived drop in feeding program also never got any support from the more powerful and monied types such as CVCC/COIN yet they say they represent vulnerable groups.

I know the response in part will be it depends on the availability of funding and that the CVCC is a more NGO strengthening entity than a frontline intervention one or funding is based on what the funder is interested in supporting but it also is possible to create letters of intent or proposals that will ring far louder from larger agencies and these powerful groups and individuals who control the cogs of HIV/LGBT lines than new smaller LGBT entities will ever do but I guess it depends on interest and what they feel comfortable in, it cannot be this continued parading of homeless or referencing them in studies and press releases in public advocacy and no further to open some door to recovery while agencies are nearing thirty years of existence and it’s the same thing since they have been formed. More and more I am seeing on social media LGBT persons expressing deep disappointment since the CVCC/JFJ sex education fiasco and the Professor Bain UWI contract conflict of interest matter as persons question the competence of our LGBTQ leaders and the causation of these two major controversies excluding the many before.




I also found it funny today in re-watching a video with anti gay activist Betty Ann Blaine who said in all her 30 years in the NGO community she was not aware of the CVCC yet they were around working mostly in HIV when Dr Robert Carr was active prior to his death. So many others are now mistrusting the actual motive of the CVCC since its name implies it works with vulnerable persons and is a front for a gay agenda; I say play into it and help the homeless whilst showing that it really care about the genuinely vulnerable instead of lip service.

It was only yesterday I got a call from a couple of the persons in the Shoemaker Gully in New Kingston requesting phone credit and sharing some other challenges they have been going through and the whole pain of the Safe House closure and the deceptive covering up of the issue just came before me all over again.

Priorities anyone?

Either we deal with our own or the numbers will continue to spiral out of control but it seems the strategy is to pass it on to government yet they now are having fiscal challenges that even parliamentarians are complaining of short pay and wages freezes while taxes are creatively increased or snuck in to meet International Monetary Fund, IMF stipulations yet funds are found by groups such as CVCC for external population activity.

What is next?

Are more proposals being written or conceptualised towards real LGBT community development? (been asking this one for so long)

If we are to win the fight in the long run why there isn’t interest from powerful LGBT allied, managed or funded agencies in population preparation?

Why is the focus still more so on HIV prevention in vulnerable groups more so than personhood development for Jamaican LGBT people?

What does the CVCC’s “Vulnerable Community” description in their name actually means and who does it cover? (a question actually posed by anti gay voice Betty Ann Blaine as well sadly. It seems everyone else are now putting the CVCC to severe scrutiny)

Will more money be thrown at places and activities that really do not need it?

When will the hypocrisy and overlooking of the least amongst us finally stop?

Will the LGBT groups and populations who really need work done be finally looked at and not just spoken of or referred to for crisis incident reporting sake?



where the homeless LGBT populations explosion/issues all began: Homeless MSM to feel the pinch as JASL issues ultimatum in 2009 the in 2013 On homelessness, evictions, hypocrisy & now JFLAG's own displacement ..
Also see a flashback to some of the issues with the populations and the descending relationships between JASL, JFLAG and the displaced/homeless LGBT youth in New Kingston: Rowdy Gays Strike - J-FLAG Abandons Raucous Homosexuals Misbehaving In New Kingston and also see all the posts in chronological order by date from Gay Jamaica Watch HERE and GLBTQ Jamaica HERE

Think on these things.

Peace and tolerance

H

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Bad Man Nuh F*** Batty (Masculine Men Don't F*** Ass) (The Fear of The Feminine in JA ) 16.04.15


A look at the fear of the feminine (Effemophobia) by Jamaican standards & how it drives the homo-negative perceptions/homophobia in Jamaican culture/national psyche.



After catching midway a radio discussion on the subject of Jamaica being labelled as homophobic I did a quick look at the long held belief in Jamaica by anti gay advocates, sections of media and homophobes that several murders of alleged gay victims are in fact 'crimes of passion' or have jealousy as their motives but it is not as simple or generalized as that.

Listen without prejudice to this and other podcasts on one of my Soundcloud channels

hear recent pods as well:

Information & Disclaimer


Not all views expressed are those of GJW

This blog contains pictures and images that may be disturbing. As we seek to highlight the plight of victims of homophobic violence here in Jamaica, the purpose of the pics is to show physical evidence of claims of said violence over the years and to bring a voice of the same victims to the world.

Many recover over time, at pains, as relocation and hiding are options in that process. Please view with care or use the Happenings section to select other posts of a different nature.

Not all persons depicted in photos are gay or lesbian and it is not intended to portray them as such, save and except for the relevance of the particular post under which they appear.

Please use the snapshot feature (if available for your device(s) to preview by pointing the cursor at the item(s) of interest. Such item(s) have a small white dialogue box icon appearing to their top right hand side.

God Bless

Other Blogs I write to:

Recent Homophobic Incidents CLICK HERE for related posts/labels from glbtqjamaica's blog & HERE for those I am aware of.

contact:

APJ Website Launch & Link


Aphrodite's P.R.I.D.E Jamaica, APJ launched their website on December 1 2015 on World AIDS Day where they hosted a docu-film and after discussions on the film Human Vol 1




audience members interacting during a break in the event


film in progress

visit the new APJ website HERE

See posts on APJ's work: HERE (newer entries will appear first so scroll to see older ones)

The Hypocrisy of Jamaican Anti Gay Groups & Selective Actions of Societal Ills


The selectivity of the anti gay religious voices on so called societal ills is examined in this podcast as other major issues that require the "church" to have spoken up including sexual abuse by pastors in recent times yet mere silence on those matters is highlighted.

Why are these groups and so called child rights activists creating mass hysteria and have so much strength for HOMOSEXUALITY but are quiet on corruption in government, missing children, crime in the country and so much more but want to stop same gender loving persons from enjoying peace of mind and PRIVACY?

Also is the disturbing tactic of deliberately conflating paedophilia with same gender sex as if to suggest reforming the buggery law will cause an influx of buggered children when we know that is NOT TRUE.

MSM/Trans homeless - From gully to graveyard



When are lives interrupted be allowed a real honest chance to move from interruption to independence and stability? I just cannot tell you friends.

An article appeared in the gleaner today that just sent me into sadness mode again with this ugly business of LGBTQI homelessness. The author of the piece needs an intervention too as he (Ryon Jones) uses terms such as cross dressers and or homeless men which if transgender persons are present they cannot be described or seen as such, sigh another clear display of the lack of impact and reach of so called advocacies and advocates who are more interested in parading as working but really aint having much impact as they ought to or claim.

We are told of houses being put together from time in memorial; the Dwayne’s House project seems dead in the water, the Larry Chang (named after a JFLAG cofounder) seems stuck in the mud and Colour Pink’s so called Rainbow House seems insignificant in relation to the size and scope of the national problem. JFLAG as presented on this blog is obviously not interested in getting their hands dirty really on homelessness save and except for using the populations as cannon fodder and delegating same; as far as I am concerned presenting them as victims of homophobia which is true but where are the programs and the perceived millions donated or granted since President Obama’s visit to address LGBTQ matters?

More HERE

Dr Shelly Ann Weeks on Homophobia - What are we afraid of?


Former host of Dr Sexy Live on Nationwide radio and Sexologist tackles in a simplistic but to the point style homophobia and asks the poignant question of the age, What really are we as a nation afraid of?


It seems like homosexuality is on everyone's tongue. From articles in the newspapers to countless news stories and commentaries, it seems like everyone is talking about the gays. Since Jamaica identifies as a Christian nation, the obvious thought about homosexuality is that it is wrong but only male homosexuality seems to influence the more passionate responses. It seems we are more open to accepting lesbianism but gay men are greeted with much disapproval.

Dancehall has certainly been very clear where it stands when it comes to this issue with various songs voicing clear condemnation of this lifestyle. Currently, quite a few artistes are facing continuous protests because of their anti-gay lyrics. Even the law makers are involved in the gayness as there have been several calls for the repeal of the buggery law. Recently Parliament announced plans to review the Sexual Offences Act which, I am sure, will no doubt address homosexuality.

Jamaica has been described as a homophobic nation. The question I want to ask is: What are we afraid of? There are usually many reasons why homosexuality is such a pain in the a@. Here are some of the more popular arguments MORE HERE

also see:
Dr Shelly Ann Weeks on Gender Identity & Sexual Orientation


Sexuality - What is yours?

The Deliberate Misuse of the “Sexual Grooming” Term by Antigay Fanatics to Promote Their Hysteria



Just as I researched on-line in NOT EVEN five minutes and found a plethora of information and FACTS on Sexual Grooming (and thanks to Dr Karen Carpenter for some valuable insight I found out what Sexual Grooming was) so too must these fanatics go and do the same and stop creating panic in the country.

The hysteria continues from the Professor Bain so called protests to protect freedom of speech and bites at the credibility of the LGBT lobby collectively continues via Duppies Dupe UWI articles when the bigger principle of the conflict of interest in regards to the greater imperative of removing/preserving archaic buggery laws in the Caribbean dependent on which side one sits is of greater import when the professor’s court testimony in Belize went against the imperative of CHART/PANCAP goals is the more germane matter of which he was former head now temporarily reinstated via a court ex-parte injunction. The unnecessary uproar and shouting from the same hysterical uninformed quarters claiming moral concerns ....... MORE CLICK HERE

also see if you can

JFLAG Excludes Homeless MSM from IDAHOT Symposium on Homelessness



Reminder

In a shocking move JFLAG decided not to invite or include homeless MSM in their IDAHO activity for 2013 thus leaving many in wonderment as to the reason for their existence or if the symposium was for "experts" only while offering mere tokenism to homeless persons in the reported feeding program. LISTEN TO THE AUDIO ENTRY HERE sad that the activity was also named in honour of one of JFLAG's founders who joined the event via Skype only to realize the issue he held so dear in his time was treated with such disrespect and dishonor. Have LGBT NGOs lost their way and are so mainstream they have forgotten their true calling?

also see a flashback to some of the issues with the populations and the descending relationships between JASL, JFLAG and the displaced/homeless LGBT youth in New Kingston: Rowdy Gays Strike - J-FLAG Abandons Raucous Homosexuals Misbehaving In New Kingston

also see all the posts in chronological order by date from Gay Jamaica Watch HERE and GLBTQ Jamaica HERE

GLBTQJA (Blogger): HERE

see previous entries on LGBT Homelessness from the Wordpress Blog HERE

Steps to take when confronted by the police & your rights compromised:


a) Ask to see a lawyer or Duty Council

b) Only give name and address and no other information until a lawyer is present to assist

c) Try to be polite even if the scenario is tense

d) Don’t do anything to aggravate the situation

e) Every complaint lodged at a police station should be filed and a receipt produced, this is not a legal requirement but an administrative one for the police to track reports

f) Never sign to a statement other than the one produced by you in the presence of the officer(s)

g) Try to capture a recording of the exchange or incident or call someone so they can hear what occurs, place on speed dial important numbers or text someone as soon as possible

h) File a civil suit if you feel your rights have been violated

i) When making a statement to the police have all or most of the facts and details together for e.g. "a car" vs. "the car" represents two different descriptions

j) Avoid having the police writing the statement on your behalf except incases of injuries, make sure what you want to say is recorded carefully, ask for a copy if it means that you have to return for it

Vacant at Last! ShoemakerGully: Displaced MSM/Trans Persons were is cleared December 2014





CVM TV carried a raid and subsequent temporary blockade exercise of the Shoemaker Gully in the New Kingston district as the authorities respond to the bad eggs in the group of homeless/displaced or idling MSM/Trans persons who loiter there for years.

Question is what will happen to the population now as they struggle for a roof over their heads and food etc. The Superintendent who proposed a shelter idea (that seemingly has been ignored by JFLAG et al) was the one who led the raid/eviction.

Also see:

the CVM NEWS Story HERE on the eviction/raid taken by the police

also see a flashback to some of the troubling issues with the populations and the descending relationships between JASL, JFLAG and the displaced/homeless GBT youth in New Kingston: Rowdy Gays Strike - J-FLAG Abandons Raucous Homosexuals Misbehaving In New Kingston

also see all the posts in chronological order by date from Gay Jamaica Watch HERE and GLBTQ Jamaica HERE

GLBTQJA (Blogger): HERE

see previous entries on LGBT Homelessness from the Wordpress Blog HERE


May 22, 2015, see: MP Seeks Solutions For Homeless Gay Youth In New Kingston


New Kingston Cop Proposes Shelter for Shoemaker Gully LGBT Homeless Population




Superintendent Murdock

The same cop who has factored in so many run-ins with the youngsters in the Shoemaker Gully (often described as a sewer by some activists) has delivered on a promise of his powerpoint presentation on a solution to the issue in New Kingston, problem is it is the same folks who abandoned the men (their predecessors) from the powerful cogs of LGBT/HIV that are in earshot of his plan.

This ugly business of LGBTQ homelessness and displacements or self imposed exile by persons has had several solutions put forth, problem is the non state actors in particular do not want to get their hands dirty as the more combative and political issues to do with buggery's decriminalization or repeal have risen to the level of importance more so than this. Let us also remember this is like the umpteenth meeting with the cops, some of the LGBT homeless persons and the advocacy structure.

Remember JFLAG's exclusion of the group from that IDAHO symposium on LGBT homelessess? See HERE, how can we ask the same people who only want to academise and editorialise the issue to also try to address their own when they do not want to get their hands dirty but publish wonderful reports as was done earlier this month, see HERE: (re)Presenting and Redressing LGBT Homelessness in Jamaica: Towards a Multifaceted Approach to Addressing Anti-Gay Related Displacement also LGBT homelessness has always been with us from the records of Gay Freedom Movement(1974) to present but the current issues started from 2009, see: The Quietus ……… The Safe House Project Closes and The Ultimatum on December 30, 2009 as carried on sister blog Gay Jamaica Watch. CLICK HERE for FULL post of this story.

Gender Identity/Transgederism Radio discussion Jamaica March 2014





Radio program Everywoman on Nationwide Radio 90FM March 20th 2014 with Dr Karen Carpenter as stand-in host with a transgender activist and co-founder of Aphrodite's P.R.I.D.E Jamaica and a gender non conforming/lesbian guest as well on the matters of identity, sex reassignment surgery and transexuality.

CLICK HERE for a recording of the show

BUSINESS DOWNTURN FOR THE WEED-WHACKING PROJECT FOR FORMER DISPLACED ST CATHERINE MSM



As promised here is another periodical update on an income generating/diligence building project now in effect for some now seven former homeless and displaced MSM in St Catherine, it originally had twelve persons but some have gotten jobs elsewhere, others have simply walked away and one has relocated to another parish, to date their weed whacking earning business capacity has been struggling as previous posts on the subject has brought to bear.

Although some LGBT persons residing in the parish have been approached by yours truly and others to increase client count for the men costs such as gas and maintenance of the four machines that are rotated between the enrolled men are rising weekly literally while the demand is instead decreasing due to various reasons.



Newstalk 93FM's Issues On Fire: Polygamy Should Be Legalized In Jamaica 08.04.14



debate by hosts and UWI students on the weekly program Issues on Fire on legalizing polygamy with Jamaica's multiple partner cultural norms this debate is timely.

Also with recent public discourse on polyamorous relationships, threesomes (FAME FM Uncensored) and on social.


What to Do .....




a. Make a phone call: to a lawyer or relative or anyone

b. Ask to see a lawyer immediately: if you don’t have the money ask for a Duty Council

c. A Duty Council is a lawyer provided by the state

d. Talk to a lawyer before you talk to the police

e. Tell your lawyer if anyone hits you and identify who did so by name and number

f. Give no explanations excuses or stories: you can make your defense later in court based on what you and your lawyer decided

g. Ask the sub officer in charge of the station to grant bail once you are charged with an offence

h. Ask to be taken before a justice of The Peace immediately if the sub officer refuses you bail

i. Demand to be brought before a Resident Magistrate and have your lawyer ask the judge for bail

j. Ask that any property taken from you be listed and sealed in your presence

Cases of Assault:An assault is an apprehension that someone is about to hit you

The following may apply:

1) Call 119 or go to the station or the police arrives depending on the severity of the injuries

2) The report must be about the incident as it happened, once the report is admitted as evidence it becomes the basis for the trial

3) Critical evidence must be gathered as to the injuries received which may include a Doctor’s report of the injuries.

4) The description must be clearly stated; describing injuries directly and identifying them clearly, show the doctor the injuries clearly upon the visit it must be able to stand up under cross examination in court.

5) Misguided evidence threatens the credibility of the witness during a trial; avoid the questioning of the witnesses credibility, the tribunal of fact must be able to rely on the witness’s word in presenting evidence

6) The court is guided by credible evidence on which it will make it’s finding of facts

7) Bolster the credibility of a case by a report from an independent disinterested party.

Notes on Bail & Court Appearance issues


If in doubt speak to your attorney

Bail and its importance -

If one is locked up then the following may apply:
Locked up over a weekend - Arrested pursuant to being charged or detained There must be reasonable suspicion i.e. about to commit a crime, committing a crime or have committed a crime.

There are two standards that must be met:

1). Subjective standard: what the officer(s) believed to have happened

2). Objective standard: proper and diligent collection of evidence that implicates the accused To remove or restrain a citizen’s liberty it cannot be done on mere suspicion and must have the above two standards

 Police officers can offer bail with exceptions for murder, treason and alleged gun offences, under the Justice of the Peace Act a JP can also come to the police station and bail a person, this provision as incorporated into the bail act in the late nineties

 Once a citizen is arrested bail must be considered within twelve hours of entering the station – the agents of the state must give consideration as to whether or not the circumstances of the case requires that bail be given

 The accused can ask that a Justice of the Peace be brought to the station any time of the day. By virtue of taking the office excluding health and age they are obliged to assist in securing bail

"Bail is not a matter for daylight

Locked up and appearing in court

 Bail is offered at the courts office provided it was extended by the court; it is the court that has the jurisdiction over the police with persons in custody is concerned.

 Bail can still be offered if you were arrested and charged without being taken to court a JP can still intervene and assist with the bail process.

Other Points of Interest

 The accused has a right to know of the exact allegation

 The detainee could protect himself, he must be careful not to be exposed to any potential witness

 Avoid being viewed as police may deliberately expose detainees

 Bail is not offered to persons allegedly with gun charges

 Persons who allegedly interfere with minors do not get bail

 If over a long period without charge a writ of habeas corpus however be careful of the police doing last minute charges so as to avoid an error

 Every instance that a matter is brought before the court and bail was refused before the accused can apply for bail as it is set out in the bail act as every court appearance is a chance to ask for bail

 Each case is determined by its own merit – questions to be considered for bail:

a) Is the accused a flight risk?

b) Are there any other charges that the police may place against the accused?

c) Is the accused likely to interfere with any witnesses?

d) What is the strength of the crown’s/prosecution’s case?

 Poor performing judges can be dealt with at the Judicial Review Court level or a letter to the Chief Justice can start the process

Human Rights Advocacy for GLBT Community Report 2009

Popular Posts

What I am reading at times ......

Thanks for your Donations

Hello readers,

thank you for your donations via Paypal in helping to keep this blog going, my limited frontline community work, temporary shelter assistance at my home and related costs. Please continue to support me and my allies in this venture that has now become a full time activity. When I first started blogging in late 2007 it was just as a pass time to highlight GLBTQ issues in Jamaica under then JFLAG's blogspot page but now clearly there is a need for more forumatic activity which I want to continue to play my part while raising more real life issues pertinent to us.

Donations presently are accepted via Paypal where buttons are placed at points on this blog(immediately below, GLBTQJA (Blogspot), GLBTQJA (Wordpress) and the Gay Jamaica Watch's blog as well. If you wish to send donations otherwise please contact: glbtqjamaica@live.com or Tel: 1-876-841-2923 (leave a message just in case)




Activities & Plans: ongoing and future

  • To continue this venture towards website development with an E-zine focus

  • Work with other Non Governmental organizations old and new towards similar focus and objectives

  • To find common ground on issues affecting GLBTQ and straight friendly persons in Jamaica towards tolerance and harmony

  • Exposing homophobic activities and suggesting corrective solutions

  • To formalise GLBTQ Jamaica's activities in the long term

  • Continuing discussion on issues affecting GLBTQ people in Jamaica and elsewhere

  • Welcoming, examining and implemeting suggestions and ideas from you the viewing public

  • Present issues on HIV/AIDS related matters in a timely and accurate manner

  • Assist where possible victims of homophobic violence and abuse financially, temporary shelter(my home) and otherwise

  • Track human rights issues in general with a view to support for ALL

Thanks again
Mr. H or Howie

Tel: 1-876-841-2923
lgbtevent@gmail.com








Peace

Battle Lines Javed Jaghai versus the state & the Jamaica Buggery Law



Originally aired on CVM TV December 8th 2013, apologies for some of the glitches as the source feed was not so hot and it kept dropping from source or via the ISP, NO COPYRIGHT INFRINGEMENT INTENDED and is solely for educational and not for profit use and review. The issue of the pending legal challenge in the Constitutional Court in Jamaica as filed by Javed Jaghai an outspoken activist who happens also to be openly aetheist.

The opposing sides are covered as well such as
The Jamaica Coalition for a Healthy Society
The Love March
Movement Jamaica

The feature seems destined for persons who are just catching up to the issues and repositioning JFLAG in particular in the public domain as their image has taken a beating in some respects especially on the matter of the homeless MSM front. They need to be careful that an elitist perception is not held after this after some comments above simplistic discourse, the use of public agitation as beneath some folks and the obvious overlooking of the ordinary citizen who are realy the ones who need convincing to effect the mindset change needed and the national psyche's responses to homosexuality in general.


John Maxwell's House