Senator rearrested, slapped with 9 charges hours after court dismissed cases against her
senator, Vynnette Frederick, second from left, leaves the Central
Police Station in Kingstown on Thursday, July 11, 2013, in the company
of her lawyers and Vice-President of the New Democratic Party, St. Clair
Leacock, left. (IWN photo)
Opposition Senator, Vynnette Frederick was, Thursday afternoon,
slapped with nine charges hours after the court dismissed six charges
against her.
Frederick was granted bail at the Central Police Station in Kingstown
around 5 p.m. Thursday and is scheduled to appear in court Friday
morning.
Trinidadian Keith Scotland, one of Frederick’s attorneys, said nine charges were proffered, but did not detail them.
“We wouldn’t want to speak too much about the charges because they
are now before the court,” he told I-Witness News shortly after
Frederick was released on Thursday.
Andrew Pilgrim, QC, a Barbadian, who is also a member of the defence
team, however said, “We could say they are alarmingly similar to those
that were before the court before.”
“And that is all we would say in respect of the charges at this point
in time,” Scotland further stated, adding, “… we have reserved further
comment because the matters are now before the court, sub judice as we
say, and we have to be circumspect with what we say about these
matters.”
I-Witness News understands that Frederick was charged with making
false declarations, swearing falsely, and fabricating evidence.
The six charges dismissed on Thursday relate to evidence that
Frederick submitted as part of private complaint against Prime Minister,
Dr. Ralph Gonsalves after the December 2010 general elections.
Those matters were thrown out and in September 2012, Frederick was charged “that on
January 10, 2011, at Kingstown, she did make a false declaration
before Sonya Young, a magistrate, a person authorised to take a
declaration upon a matter of public concern, under circumstances that
the false declaration, if committed in a judicial proceeding, would
amount to perjury”.
Frederick, an attorney and former candidate for the NDP, was also
charged with making false declarations on June 16, 2011 and May 23, 2012
before Faye James.
On Feb. 15, 2013, three counts of swearing falsely before Sonya Young and Faye James were brought against the senator.
But Magistrate Rickie Burnett, sitting at the Kingstown Magistrates’
Court, has upheld an April 2013 defence submission that the six charges
against the senator lacked details and particulars.
He dismissed the matter and told Frederick she was free to go.
But police arrested the senator about three hours later in a
restaurant in Kingstown, where she was having lunch with her attorneys,
relatives, and members of the New Democratic Party (NDP), including
party president, Opposition Leader Arnhim Eustace.
Vynnette Frederick, centre, with lawyers Keith Scotland, left, and
Andrew Pilgrim after her release on Thursday, July 11, 2013. (IWN photo)
Scotland, recounting the arrest of Frederick, said that while they
were having lunch, a group of police officers, “came into the
establishment and demanded that Frederick accompany them to the Central
Police Station, without identifying themselves initially, without
producing any warrant issued from the High Court for her arrest, or any
document whatsoever from any court.
“Eventually, an inspector identified himself via his identification
card, but the short of the long is they then forcibly took Miss
Frederick down to the Central Police Station and nine charges were now
proffered against her,” Scotland said.
Frederick, speaking during the same interview, said she did not have
“any comment at this time” regarding the charges against her.
Asked about her encounter with the police, she said, “We live in a police state”.
She, however, did not elaborate on the reason for her comment.
Meanwhile, Member of Parliament of Central Kingstown, St. Clair
Leacock, who is also a vice-president of the NDP, told I-Witness News in
the same interview that he was “shocked by the events of today”.
He noted that during the trial there were hearings in Kingstown, Marriaqua, Biabou, Georgetown then Kingstown again.
“… So we have in fact completed the circle but I really didn’t
understand that we were on the way to witnessing a circus,” he told
I-Witness News.
“So I was elated when that matter was thrown out by the magistrate,
having carefully studied the presentation of learned counsel. And when I
heard later on that Miss Frederick was being pursued by the police and
in fact had been arrested, I was not just surprised, but horrified,”
Leacock said.
“There has been an on-going concern about the extent to which justice
really prevails in St. Vincent and that explains why Senator Frederick
is referring to us as perhaps being in a police state — rather strong
language,” he further stated.
“But one gets the impression that she is being harassed and clearly
there must have been a plan B with respect to today’s activities. That
is, this matter is going to go before the court, we are not likely to be
able to stand based on the evidence before the court, but Vynnette
Frederick will not get away, we will add additional charges, amend those
that were there before and we will have our day. I think that is the
outcome,” Leacock said.
And, Opposition Leader, Arnhim Eustace, speaking to I-Witness News
separately, said six of the charges brought against Frederick “are the
same charges — they changed a few words in them and three are new
charges…
“I just get more of a feeling that this is a police state. The
magistrate made his position very clear this morning,” Eustace said
shortly after leaving the Central Police Station.
“I really don’t know. The magistrate was very clear. He said there
was no justification; there were no particulars to justify the cases,”
he said of the initial cases.
Meanwhile, Pilgrim told I-Witness News that the dismissal of the charges Thursday morning should be comforting to Vincentians.
“The people of St. Vincent should feel happy that their judiciary is
not sleeping and that the decision, as given today by the senior
magistrate, is extremely well reasoned and I was extremely impressed by
his scholarship and his courage in giving that decision,” the Barbadian
attorney said.