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Wrong warrant

Court marshal admits to mistake with summons

COURT TODAY BLOCKWhen Kelroy Alexander went the District ‘A’ Traffic Court on Monday it was because a marshal saw him a few days earlier and told him that he needed to report to the court since a warrant of arrest was out for him.

Alexander did so. It was also when he found out from Magistrate Graveney Bannister that the warrant was issued in relation to him not attending court last October 6.

When he was questioned about the reason for his absence, the accused man said he never received a summons and was out of the jurisdiction at the time. However, the Affidavit of Service of Summons was signed as having been delivered personally.

That being the case, Magistrate Bannister summoned the marshal who was on record as having served the summons to Alexander.

However, Alexander testified today that he had never received a summons from that marshal, or any other, in relation to October 6. He also produced a travel itinerary and passport, which showed that he had travelled to St Vincent from September 23 until January 12.

The marshal did not cross-examine Alexander, but in his sworn evidence he said that it was a genuine mistake. He explained that he wrote the word “personally” on the back of the affidavit by accident and this was due to the large volume of work he had that day.

He also explained that he gave it to Alexander’s stepdaughter, even though he had not recorded her name in his register.

Questioned by the court, the marshal said he was aware that the consequence of his actions was that a warrant of arrest might be issued for the person.

He admitted that the correct procedure would have been to record the name of the recipient, which he had not done.

Under cross-examination by the accused, Alexander wanted to know if the marshal was aware that his (Alexander’s) stepdaughter did not live at him and that he was overseas. The marshal said he was aware, but he had spoken to the woman  who told him her stepfather would have been back in the island in time.

Alexander insisted that he never got a summons from his stepdaughter.

The matter will continue tomorrow when the chief marshal is expected to attend court.

8 Responses to Wrong warrant

  1. Otis Boss
    Otis Boss February 20, 2015 at 2:01 am

    Them marshals does do that and try to lock up people there have one name best that do something similar to me but what goes around comes around

  2. kathy-Ann Clarke February 20, 2015 at 8:09 am

    Somehow, I am happy to see that the guy Alexander was able to produce evidence that he was out of the island, cause then they might would have wanted to lock him up that day. Well I hope it turns out well today for him.

  3. ormond Mayers February 20, 2015 at 10:10 am

    The Marshall action clearly demonstrates, that the Courts have to be extremely careful, of taking action based on the Marshalls word. There is a threat to this man liberty, due to gross negligence of the Marshall, who wish to justify his action ,on nuf work at the time.

  4. bajanguyster February 20, 2015 at 10:11 am

    well come to the world these kind of things have been happening so long that one now got caught in the action …LORD PLEASE DO COME FOR YEA WORLD real unfairness goes on in this country of mine BARBADOS

  5. Omar Mayers
    Omar Mayers February 20, 2015 at 10:14 am

    your action is out right carelessness and there is no excuse or justification of getting a man imprison.

  6. Tony Waterman February 20, 2015 at 2:57 pm

    This is a clear Case of a Judiciary that doen not know it;’s ASS from a hole in the Ground, why is this case being carried forward to Tomorrow, the Marshall COMMITTED A FRAUD, and COMMITTED an act that he KNEW was WRONG by Delivering the Warrant to someone else. Even i know that a Warrant MUST be DELIVERED ONLY to the Person whose NAME is on that WARRANT, in North America you MUST also tell them “”YOU ARE SERVED”” when you PERSONALLY HAND THEM THE WARRANT.
    My Late Dad was (CWS) Chief Writ Server back in the day, and his men NEVER Delivered a SUMMONS to anyone for another person, so why is this being ALLOWED Today.
    Things have gone to pieces.
    THIS CASE SHOULD HAVE BEEN DISMISSED, AND A TONGUE LASHING GIVEN TO THE MARSHALL SERVICE. This Person has done nothing wrong as it pertains to the issuance of the Court Warrant, it is the Marshall that has done the Wrong, what is he going to be charged with.

  7. Trina Lowe
    Trina Lowe February 20, 2015 at 6:33 pm

    Now what type of nonsense IS THIS? So there is no such thing as an “Affidavit form/statement of personal service which would give a description of the recipient? If they have which I believe they do, this situation IS CLEARLY falsification of a legal document which is a misdemeanour/felony= monetary fines OR imprisonment.

  8. Trina Lowe
    Trina Lowe February 20, 2015 at 6:47 pm

    What nonsense is this? This situation IS CLEARLY falsification of a legal document which is a misdemeanour/felony= monetary fines OR imprisonment. “Genuine mistake?” If proven Alexander was overseas, the marshal is in trouble. How the Marshal knew Alexander has a step daughter?[That’s none of his business]. The marshal needs to take his place. No individual is suppose to OR should not be allowed to accept any summons on anyone’s behalf, that is considered, not served. If so, where is the proof that the marshal gave it [the summons] to the step-daughter? Marshal IN TROUBLE 🙂


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