By Tahna Weston
A magistrate has called for an investigation into an incident in which the Immigration Department sent home a Jamaican man who has a matter pending before the court.
When the case, in which Raheem Thomas and Yakeem Scott who are facing multiple charges including possession of cannabis, came up recently the court was notified that Scott is no longer in the country.
As a result, only his co-accused, Thomas, was present in court when the matter was called up.
Thomas and Scott, a Jamaican national, face charges to include possession of 10 pounds of cannabis, possession with intent to transfer, importation of the class B drug, forging a bill of lading and uttering.
It is alleged that they attempted to smuggle the drugs through the port. After being arrested and charged the duo was taken before the court and were granted bail in the sum of $80,000 with a number of conditions, including surrendering their travel documents and reporting to the nearest police station. The Immigration Department was also notified due to the fact that Scott is Jamaican.
However, in spite of all these safeguards, Scott is now back in his country of birth after being picked up during a raid, which was a joint operation between various law enforcement agencies.
Immigration officer Gregson Gardner appeared in court on behalf of the Chief Immigration Officer, explaining to Magistrate Dane Hamilton that Scott was processed by an immigration officer, but he was not in possession of a passport. Scott reportedly told the officer that he was a Jamaican national.
Gardner said that the detainee was given an option to go before the court and be deported from the country or to leave voluntarily, which he opted to do. Reportedly Scott’s ticket was purchased and he left the same day, August 25. Records show that Scott was the holder of a valid work permit.
Reports are that the Immigration Department checked its system but there was an incorrect spelling of Scott’s name, meaning the fact that he had a pending court case was not noticed.
Gardner told the court that the error was brought only to the attention of the Immigration Department the day before the matter was set to be heard.
The police prosecutor weighing in on the situation said that the information should not have come from Gardner but from the head of the Immigration Department, citing that this was a matter above his pay grade.
Referring to Scott’s voluntary removal as a contempt of court, the prosecutor posited that the chief immigration officer should have been in court to answer questions.
Also addressing the situation was attorney Wendel Alexander who reminded the court that immigration officers are in court on a daily basis and therefore must be deemed to be aware of the bail conditions.
Alexander agreed with the prosecutor that someone from the Immigration Department should be made to go on oath to testify or give evidence via way of an affidavit about what actually happened. He called the matter “disrespect in the highest order” and perverting the course of justice when a mandate is given to deport persons and laws are not followed.
Alexander said that immigration officers must have the fortitude to do their jobs without fear and not blindly follow pronouncements by politicians, which should not be taken literally.
The attorney who said he was shocked when he heard of this situation added that he does not, by any means, buy the story about the name misspelling.
Magistrate Hamilton said Scott had left the island for Barbados to get his visa, but had returned. He said the court was awaiting the return of the travel document, which he noted was in the possession of Scott’s lawyer Charlesworth Tabor. The passport should have been returned to the court on or before May 21, but this was apparently not done. Tabor is expected before the court on Wednesday to address that issue.
The magistrate made inquiries as to whether the immigration officials exhausted all avenues when dealing with this matter. He said that it was difficult to be told that someone left the country’s borders because of a spelling error.
Hamilton said there should be an investigation into this matter and statements taken from those involved in the raid and the immigration officer who processed the Jamaican man. He noted that the law requires that when decisions are made they are done rationally, adding that there are reasons why there are procedures for deportation.
A bench warrant has been issued for Scott and the authorities have been advised to get assistance from officials in Jamaica to locate Scott as the prosecution’s case could be in jeopardy.
