Black Immigrant Daily News

The Eastern Caribbean Supreme Court (Antigua Circuit) has ruled that Sections 12 AND 15 of the Sexual Offences Act are unconstitutional. The judgment was handed down moments ago.

Robertson, J: Introduction and Findings. The selection of an intimate partner is a private and a personal choice.

This court was asked to consider the legislation which criminalizes certain sexual activities between same sex consenting adults.

This court has determined, for the reasons set out hereunder, that sections 12 and 15 of the Sexual Offences Act 1995 are unconstitutional as they contravene sections 3, 12, and 14 of the Constitution of Antigua and Barbuda. Specifically, this court declares that:

a. Section 12 of the Sexual Offences Act 1995 offends the right to liberty, protection of the law, freedom of expression, protection of personal privacy and protection from discrimination on the basis of sex.

In so far as section 12 of the Sexual Offences Act 1995 is inconsistent with the rights of persons sixteen (16) years and older to engage in consensual sexual intercourse per anum in private, and to the extent of that inconsistency section 12 of the Sexual Offences Act 1995 is void.

Section 15 of the Sexual Offences Act 1995 offends the right to liberty, protection of the law, freedom of expression, protection of personal privacy and protection from discrimination on the basis of sex, in so far as section 15 of the Sexual Offences Act 1995 is inconsistent with the rights of persons sixteen (16) years and older to engage consensually and in private in the sexual acts described in section 15(3), and to the extent of that inconsistency section 15 of the Sexual Offences Act 1995 is void.

[3] In order to give effect to the second declaration, this court orders that subsection 15(2) (b) of the Sexual Offences Act 1995 be read as if the words “a male person and a female person” were deleted and replaced with the word “persons”,. This court also orders that the defendant is to pay the costs of the claimants in an amount to be assessed if.not agreed within 21 days.

Attorney Andrew O’Kola led by Senior Counsel Douglas Mendes represented an openly homosexual man and the Women Against Rape group, who challenged the validity of sections of the Sexual Offences Act, arguing that it offended their constitutional rights.

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A constitutional challenge against Antigua and Barbuda’s law criminalizing buggery has been filed as part of the defense of two men accused of sexually assaulting a woman. The allegations have not been proven in court.

Antigua and Barbuda’s ban on buggery defines the act as “sexual intercourse per anum” either between two men or between a man and a woman, whether consensual or not. It carries a punishment of 15 years in prison if committed by an adult. Minors can be jailed for five years if convicted of buggery.

The two male defendants have pleaded not guilty to the charges of buggery and rape.

If the constitutional challenge to the buggery law is successful, it could end one of the harsh sanctions against gay men in the island nation. However, the section criminalizing “serious indecency,” defined as sex acts other than intercourse between people of the same sex, is not within the scope of this challenge, and would likely remain on the books.

Courts in Trinidad and Tobago and in Belize have recently struck down those countries’ buggery laws as unconstitutional. The Inter-American Commission on Human Rights (IACHR) has also called on Jamaica to repeal its buggery law, although a direct challenge to the law is still pending at the commission.

The Eastern Caribbean Alliance for Diversity and Equality (ECADE), an umbrella group for LGBT rights groups in the Caribbean, announced plans in 2019 to file coordinated court challenges to all of the buggery laws remaining in the region. ECADE could not be reached for this story.

Trans activist Alexa Hoffman filed a complaint against Barbados’ buggery laws at the IACHR in 2018, although a decision has not yet been rendered.

Challenges to buggery laws in Dominica and in St. Vincent and the Grenadines were filed in their domestic courts in July 2019 and remain pending.

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Members of the public observe artifacts, from 3500 BC to 1500 AD, at Cove estate, Tobago, Tuesday. The artifacts were found by Armagh Majias and Dale Grant in the Mt Irvine area. – David Reid

Intent on conserving the archaeological, building heritage assets on the island and promoting the cultural ecotourism for the benefit of citizens and visitors in Tobago, the Tobago Heritage Conservation Society, Angelo Bissessarsingh Virtual Museum and Richmond Great House have embarked on a series of tours around the island.

On Tuesday, the organisations led a tour of several historical sites across the island including the Buccoo Historical Park, as well as the Friendship and Cove estates.

Other planned activities include a historical tour of Scarborough starting at the Botanical Gardens (July 7), a visit to the Richmond Great House (July 8), an interactive session with the Tobago Heritage Conservative Society and contributors in Buccoo (July 9), and a family day and unity walk (July 10).

Nikolai McConnie, 6, of Bon-Accord, looks at what seems to be a button from a police uniform at Cove estate, Tuesday. The button was found by Armagh Majias and Dale Grant in Mt Irvine. – David Reid

Chairman of the Tobago Heritage Conservation Society, Gabriele DeGaetano told Newsday that the group intends to make records of the island’s heritage available to all.

“We have been linking with the THA – the local authorities – for the implementation of a local resource centre.”

Patricia Bissessar, the administrator of the Angelo Bissessarsingh Virtual Museum, said the aim of the collaboration is to promote the heritage assets of the island.

“We are sharing these things on our virtual platform so that people would be sensitised, they would develop that national pride and patriotism that we have so much to offer in Tobago, other than the sun, sea and sand. Even the foreigners would be aware of the sites they can visit when they come to Tobago.”

She said that the aim is to raise awareness about the historical value of what is available.

The Friendship Estate – David Reid

“I think Tobago is sitting on a rich landmine. After visiting some of the Caribbean countries and seeing what they have to offer, I think if people are sensitised in Tobago as to their assets, what they have to offer to the world, they would develop that pride in being a Tobagonian. That awareness is being developed and the more we share, the more we publicise, I think people would be sensitised to the importance of conserving and preserving the heritage assets in Tobago.”

The virtual museum, she said, was started by her late nephew Angelo Bissessarsingh in 2009. She said prior to his death in 2017, Bissessarsingh asked her to continue his legacy through the museum.

Going forward, she is hoping their work will be taught in schools.

“I want to encourage teachers in the school system to start sharing what we have to offer. The Tobago Conservation Society has done a lot of work and a lot of documented history that the students themselves need to get on-board.

Amerindian artifacts found by Armagh Majias and Dale Grant in the Mt Irvine area. – David Reid

“They are our future leaders of tomorrow and we need to sensitise them and if we can get the youths to follow us, then I think we are in a safe position in terms of heritage preservation and conservation. All sectors have an important role to play – even the THA, together we can do great wonders in Tobago, but we need everyone coming together, recognising the importance of these heritage sites.”

Additionally, she believes that legislation to protect these artifacts must be passed.

“I get angry every time I hear things are removed by these scrap iron dealers.

“Just knowing that parts of our history are being destroyed forever, never to be returned. Something needs to be done, some law or something should be implemented to stop these people from actually taking these artifacts, these are reminders of our past.”

For more information on the tours call 314-4604 or 715-5465.

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After pleading guilty to drunk driving, a 58-year-old Marabella man was fined $7,000 by a San Fernando magistrate.

Rodin Singh appeared before magistrate Erica Baptiste-Ramkissoon in the Traffic Court on Monday. She gave him a two-month deadline to pay the fine or, in default, serve two months’ simple imprisonment.

The court heard that Cpl Ballyram and other Princes Town municipal police were on patrol along Kenneth Drive, Marabella on Friday.

The officers saw a van swerving from left to right on the road.

Ballyram stopped the van and saw the driver’s eyes were red and his breath had a strong alcohol odour.

He checked Singh’s driver’s permit and certificate of insurance and both were valid.

The police also cautioned Singh about driving while under the influence and he replied, “Boss I was delivering papers for Guardian.”

The police arrested Singh and took him to the Marabella police station where a field sobriety test was done.

The test found that Singh had 118 microgrammes of alcohol in 100 millilitres of his breath.

The legal limit is 35 microgrammes of alcohol per 100 millilitres of breath.

Ballyram laid the charge and Sgt Ramoo prosecuted.

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