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Author Topic: Montano: I知 not involved  (Read 32065 times)

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Offline Socapro

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Re: Montano: I知 not involved
« Reply #210 on: February 26, 2013, 07:00:17 PM »
That reporter eh even make any pretense of objectivity.  The judge did the proper thing (in light of the arguments raised by Dana), in postponing sentencing until now... very irresponsible of the journalist to insinuate that it was done so as to let Machel make he millions fuh carnival.  As for the notion that this is a "slap on the wrist"... where is the data that shows what the usual range of sentence/fine is for this particular charge?  How does this stack up... more/less lenient?  Irresponsible journalism... and I not even a Machel fan.
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De higher a monkey climbs is de less his ass is on de line, if he works for FIFA that is! ;-)

Offline Socapro

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Re: Montano: I知 not involved
« Reply #211 on: February 26, 2013, 07:11:25 PM »
Here is the Express article!!

Expert: Visa trouble for convicted Machel Montano
By Joel Julien joel.julien@trinidadexpress.com
Story Created: Feb 25, 2013 at 10:56 PM ECT


SOCA superstar Machel Montano's United States visa is supposed to be automatically revoked because of his four assault convictions, former consular officer of the US State Department attorney, Randy Depoo, has said.
 
Montano will require special permission from the US Department of Homeland Security, in the form of a waiver, in order to get a new US visa, Depoo said yesterday.
 
Depoo, a member of the American Immigration Lawyers Association, made the statements during a telephone interview with the Express yesterday.
 
The US Embassy in Port of Spain yesterday said it could not comment specifically on Montano's "individual visa case" in response to a query from the Express.
 
However, the US Embassy yesterday stated: "Generally speaking, visa applicants who have been convicted of serious crimes are ineligible for a visa to travel to the United States."
 
Montano was yesterday ordered to pay fines and compensation totaling $27,200, for beating four people and using obscene language.
 
Songwriter/producer Kernal Roberts was also ordered to pay a fine and compensation for assaulting two people.
 
The ruling was delivered by Magistrate Maureen Baboolal-Gafoor in the Port of Spain Magistrates' Court.
 
On December 10 last year, Montano was found guilty by the magistrate of assaulting Brandis Browne, Russell Pollonais, Janelle Lee Chee and Gerard Bowrin and using obscene language outside the Zen nightclub on the morning of April 26, 2007.
 
Depoo yesterday said once an individual is convicted of a crime that carries a maximum penalty of more than one year in prison then their US visa is supposed to be automatically revoked.
 
The charge of assault occasioning actual bodily harm, which Montano was convicted for, carries a maximum term of imprisonment of five years, according to Section 30 of the Offences Against the Person Act, Chapter 11:08.
 
The charge of common assault, which Montano was also convicted for, carries a maximum sentence of a fine of $4,000 and a term of imprisonment for two years.
 
"Once a person is convicted of any crime of moral turpitude that has a maximum penalty of more than a year in prison then, if the convicted person has a visa, that visa will be automatically be revoked and you know longer qualify for a visa, you have to get special permission from the Department of Homeland Security for a waiver to travel," Depoo said.
 
"The convicted person will not be able apply to travel to the United States unless they get a waiver. You do not qualify for a visa unless you get a waiver," he said.
 
Depoo said if the convicted person travels to the United States they will be sent back.
 
"The embassy monitors the media and they will put that (revocation of the visa) on the computer so if the convicted person travels to the United States they will be sent back," Depoo said.
De higher a monkey climbs is de less his ass is on de line, if he works for FIFA that is! ;-)

Offline Bakes

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Re: Montano: I知 not involved
« Reply #212 on: February 26, 2013, 07:16:49 PM »
Lamentable state of affairs. To be fair though ... because the impression could be created that no other actors have been addressing this, you should note that (Messrs. Jamadar and Mohammed aside), the powers that be moved to address this matter via the Sentencing Commission. It's been a longstanding plague. 

RE: the "up until now ..." part ...

While the publication presents historical parameters, I don't know that the unfettered discretion that existed pre-publication is now formally restricted or bound. 

(Jamadar is a thoughtful man. Went to the same school as Carmona).

You will find no argument here regarding the correlation point. Certainly not the direction I was heading in. Instinctively I find the outcome incongruous but not otherwise.

In closing, I now await Rachel P's promised comments on the incident and her contention that she was there and up to now no one has asked her squat.

Well the "unfettered discretion" will be no more fettered than it was before for sure.  If anything judicial officers will subject themselves to scrutiny from their peers, the local bar and discerning members of the public if they stray too far from the guidelines.  Unless the guidelines are codified however and in the process made mandatory... the status quo will likely continue.

As for the penalties... bear in mind also that the law provides civil remedies, which if some are to believe, is the real objective here.

Offline Socapro

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Re: Montano: I知 not involved
« Reply #213 on: February 26, 2013, 07:17:58 PM »
Fans relieved
By Verdel Bishop
Story Created: Feb 25, 2013 at 10:56 PM ECT


Following the ruling yesterday that soca superstar Machel Montano will not serve jail time for the four assault charges of which he had been convicted, the few fans waiting for word of the outcome outside the Port of Spain Magistrates' Court breathed a sigh of relief.
 
Montano along with songwriter/producer Kernal Roberts, who was also convicted of assaulting two of the victims, were ordered to pay fines and compensation.
 
Montano's mother, Liz Montano said she was pleased with the outcome. 

" I am pleased; I feel very good because these are two guys I believe in very much. I think they have contributed a lot to society. I am happy for them," Montano said.
 
Robert's aunt Patricia Faltine was also pleased with the outcome. She said she never stopped praying.
 
"I have been praying for Kernal. I am happy that he will not face a jail term. I am so relieved. We can move on and put this behind us," she said.
 
Jean Marc Gittens, producer and long-time friend of Roberts said he was relieved it was finally over.
 
Soca artiste, Cassiano Sylvester (Cassi) was also celebrating. 

"Machel can move on with his life and continue his musical journey," Sylvester said.
 
Sydney Williams, 39, said she was pleased with the outcome. She said she has been following the case since it started about five years ago. "Everybody makes mistakes. Machel made a mistake but that doesn't mean he deserves to be put in jail. He has contributed a lot to society. I think he is a great person who made a bad decision. I am happy with the judge's decision.
 
Most people admitted they did not expect a jail term for Montano.

Jason Maxwell said the fine was a fair ruling. "Everybody was debating what would happen but I knew that whatever the outcome would be they wouldn't jail Machel; plenty people knew that too. I wish Machel all the best in his future because everybody makes mistakes.  Machel should learn from this experience and continue his successful career," Maxwell said.
« Last Edit: February 26, 2013, 07:26:10 PM by Socapro »
De higher a monkey climbs is de less his ass is on de line, if he works for FIFA that is! ;-)

Offline Socapro

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Re: Montano: I知 not involved
« Reply #214 on: February 26, 2013, 07:25:29 PM »
Machel spared jail
By Rickie Ramdass rickie.ramdass@trinidadexpress.com
Story Created: Feb 25, 2013 at 10:56 PM ECT


SOCA STAR Machel Montano was yesterday spared a possible jail sentence after he was convicted of four assault charges and instead ordered to compensate the victims of the attack as well as pay fines to the court.
 
In her ruling delivered shortly after 1 p.m., Magistrate Maureen Baboolal-Gafoor rejected a submission for Montano and songwriter Kernal Roberts, who was also convicted on two assault charges, to serve community service for the offences.
 
Baboolal-Gafoor's decision came almost six years after Montano's first court appearance.
 
On December 10, last year, Montano was found guilty of assaulting Gerard Bowrin, Janelle Lee Chee, Brandis Browne and Russell Pollonais during a fracas at the Zen nightclub at the corner of Keate and Frederick Streets, Port of Spain, on April 26, 2007.
 
Roberts was found guilty of assaulting both Browne and Pollonais. Two other artistes, Joel "Zan" Feveck and Rodney "Benjai" LeBlanc's who were also charged alongside Montano and Roberts, were found not guilty.
 
The magistrate ordered Montano to pay compensation totalling $13,500 and fines totalling $13,700. Roberts was ordered to pay compensation totalling $11,000 and fines totalling $13,000.
 
Montano, 38, the reigning Groovy Soca Monarch and joint Power Soca Monarch champ, faced an additional charge of using obscene language, but he was reprimanded and discharged for that offence.
 
Failure to pay the fines could see both Montano and Roberts facing up to two years in prison. Both men were allowed until March 4 to pay the compensation and fines.
 
Speaking to the media after the decision, Montano said the duration of the matter was a trying time for him to stay strong and focused.
 
"But I live one day at a time and I will continue to do that. The love I received from my fans and my family is very much appreciated because love is what keep me going. I also want to say thanks to all of the attorneys who represented us over these years," he said.
 
Yesterday's hearing was initially scheduled to be called during the morning period, but it was delayed as Baboolal-Gafoor became trapped in the traffic gridlock caused by the blockade of the Beetham Highway by protesting Sea Lots residents.
 
At 10 a.m., police officers opened the doors leading to the Seventh Court where the matter would later be called. Media workers, along with supporters of the men tried to squeeze their way into the room.
 
Among the supporters were president and founder of Caribbean Prestige Foundation William Munro along with soca artistes Darryl "Farmer Nappy" Henry and Cassiano "Cassie" Sylvester.
 
Less then a minute later, Chief Magistrate Marcia Ayers-Caesar called the matter. Only present at that time was Roberts. The matter was stood down for a brief period and re-called shortly after upon Montano's arrival.
 
The magistrate informed both the prosecution and defence attorneys that Baboolal-Gafoor became trapped in traffic and asked that the matter be stood down until 1 p.m., when she would deliver her ruling.
 
Again, as the doors leading into the courtroom were opened during the afternoon period, there was a mad rush to enter.
 
Baboolal-Gafoor proceeded to outline her considerations before arriving at her ruling.
 
"Having considered the authorities and the submissions by both the prosecution and the defence, the court concludes that these two offences (assault against Brandis Browne and Russell Pollonias occasioning actual bodily harm), amounts to aggravated assault. The ambit of community service is not applicable in these instances," said the magistrate.
 
The case put forward by the prosecution, led by Senior State Attorney George Busby was that Montano, Roberts and a group of other men had gone to the nightclub in April 2007, to celebrate Montano winning that year's Road March title with "Jumbie".
 
Later that night, Montano and his entourage left the club and went to Roberts' home before returning to the club shortly after.
 
It was while in the club that a woman by the name of Helen Ganga proceeded to "wine" on Montano twice. After Montano refused to dance with the woman a third time, an altercation took place between him and Bowrin, resulting in Borwin spilling a drink on Montano and one of his (Montano's) female friends.
 
In turn, Montano slapped Bowrin to the face and grabbed Lee Chee by the arm. The argument later escalated into a brawl outside the club with Montano and Roberts physically assaulting Pollonais and Browne.
 
The men first appeared in the Port of Spain Court for the offences on June 4, 2007, before Magistrate Lianne Lee-Kim. During the early stages of the trial, the matter was prosecuted by then Deputy Director of Public Prosecutions Carla Brown-Antoine, who replaced by Busby after she was appointed a High Court judge.
 
Baboolal-Gafoor said, she had also taken into consideration that both Montano and Roberts had clean criminal records and that they have both made positive contributions to this country. She also noted that several written testimonials were submitted to the court outlining the men's good character.
 
"But the court has to also take into consideration that these are serious offences and that a clear message has to be sent that this type of behaviour will not be tolerated.
 
"The entire thing should have ended inside the club. Machel Montano and Kernal Roberts could have left the club. The group (Pollonais and other) did retaliate but there was no evidence led that it was a physical attack.
 
"What is crystal-clear is that Mr Montano attacked Mr Brandis Browne, slapping him with a glass and Mr Pollonais was similarly attacked," said the magistrate before passing sentence.
 
Following the hearing, both men left the courthouse and hurried over to the Abercromby Street office of attorney Keith Scotland, who represented Roberts.
 
Asked if attorneys would be appealing Baboolal-Gafoor's ruling, Scotland said he would have to consult with Montano's attorney Dana Seetahal SC to determine the way forward.
 
"It is an option, so the decision to appeal has not been counted out," said Scotland.
 
The ruling Machel Montano Assaulted Gerard Borwin: fined $300 or two months imprisonment. Compensation of $1,000 or six weeks imprisonment. Assaulted Janelle Lee Chee: fined $400 or three months imprisonment. Compensation of $1,500 or six weeks imprisonment. Assaulted Brandis Browne occassioning actual bodily harm: fined $3,000 or six months imprisonment. Compensation of $3,000 or six weeks imprisonment. Assaulted Russell Pollonais: fined $10,000 or two years imprisonment. Compensation of $8,000 or six weeks imprisonment. Obscene language: reprimand and discharged. Kernal Roberts Assaulted Brandis Browne occasioning actual bodily harm: fined $3,000 or six months imprisonment. Compensation of $3,000 or six weeks imprisonment. Assaulted Russell Pollonais: fined $10,000 or two years imprisonment. Compensation of $8,000 or six weeks imprisonment. All payments to be made on or before March 4, 2013.
« Last Edit: February 26, 2013, 07:29:56 PM by Socapro »
De higher a monkey climbs is de less his ass is on de line, if he works for FIFA that is! ;-)

Offline Socapro

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Re: Montano: I知 not involved
« Reply #215 on: February 26, 2013, 07:28:57 PM »
...Too late for victims to sue
By Nikita Braxton-Benjamin nikita.braxton@trinidadexpress.com
Story Created: Feb 25, 2013 at 10:56 PM ECT


THE four people beaten by entertainer Machel Montano and songwriter Kernal Roberts are only entitled to the $24,500 compensation ordered by the court yesterday.
 
The Express was told that since the matter is over four years, the people beaten by the men cannot file lawsuits in the Civil Court.
 
Montano was found guilty last year for the April 26 2007 assault on Brandis Browne, Russell Pollonais, Janelle Lee Chee and Gerard Bowrin.
 
He was also found guilty for using obscene language outside the Zen nightclub.

Before Montano was charged, Browne met with then civil attorney Anand Ramlogan at his office in San Fernando, to prepare a civil action.
 
Ramlogan said then "My client has been approached to settle the matter, but we will allow the Director of Public Prosecutions to do his job."
 
Ramlogan said his client had given a statement to the police "but regardless of the outcome, I will be filing a civil claim for the injuries sustained by Brandis, because I believe that advantage was taken of this young man".
 
The lawsuit was never filed.

Ramlogan could not be contacted by cellphone last evening.

Attorney Kevin Ratiram yesterday told the Express, "The limitation period for filing a civil lawsuit (for such an offence) is four years from the date of the incident.
 
Four years having passed from the date of the incident, the victims are prevented from initiating any civil or High Court action against Machel Montano or anyone else who is alleged to have assaulted them at the time of the incident."
De higher a monkey climbs is de less his ass is on de line, if he works for FIFA that is! ;-)

Offline Bakes

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Re: Montano: I知 not involved
« Reply #216 on: February 26, 2013, 08:27:30 PM »
Here is the Express article!!

Expert: Visa trouble for convicted Machel Montano
By Joel Julien joel.julien@trinidadexpress.com
Story Created: Feb 25, 2013 at 10:56 PM ECT


SOCA superstar Machel Montano's United States visa is supposed to be automatically revoked because of his four assault convictions, former consular officer of the US State Department attorney, Randy Depoo, has said.

----

Depoo yesterday said once an individual is convicted of a crime that carries a maximum penalty of more than one year in prison then their US visa is supposed to be automatically revoked.
 
The charge of assault occasioning actual bodily harm, which Montano was convicted for, carries a maximum term of imprisonment of five years, according to Section 30 of the Offences Against the Person Act, Chapter 11:08.

 
The charge of common assault, which Montano was also convicted for, carries a maximum sentence of a fine of $4,000 and a term of imprisonment for two years.
 
"Once a person is convicted of any crime of moral turpitude that has a maximum penalty of more than a year in prison then, if the convicted person has a visa, that visa will be automatically be revoked and you know longer qualify for a visa, you have to get special permission from the Department of Homeland Security for a waiver to travel," Depoo said.
 
"The convicted person will not be able apply to travel to the United States unless they get a waiver. You do not qualify for a visa unless you get a waiver," he said.
 
Depoo said if the convicted person travels to the United States they will be sent back.
 
"The embassy monitors the media and they will put that (revocation of the visa) on the computer so if the convicted person travels to the United States they will be sent back," Depoo said.

This is when I have a problem with people presenting themselves as "experts" or otherwise racing to seem authoritative on matters.  I say this both with regards to Depoo and Joel Julien.  Depoo is speaking about American law and Julien interpreting it in such a way as to confuse local law.  To wit: Once a person is convicted of a crime which UNDER US LAW would carry a penalty or more than one year in prison.  The US State Dept. will not, and cannot rely on penalties in foreign jurisdiction when implementing policy, to do so would be to yield inconsistent and at times inequitable and absurd results. 

One doesn't even need to be versed in the law to understand this.  Consider for instance the fictitious Middle Eastern state of Shariastan, where it is perfectly legal to beat your wife within an inch of her life without penalty.  Under Depoo's (apparent) explanation and Julien's interpretation, that person would face no visa restriction whereas in Canada it might get you an attempted murder charge and a mandatory 5-year stint.

Depoo needs to be careful and offer either a caveat or a better explanation.  Apparently he didn't realize he dealing with a 'journalist' who still having issues sorting our his homophones.

Offline Bakes

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Re: Montano: I知 not involved
« Reply #217 on: February 26, 2013, 08:57:16 PM »
...Too late for victims to sue
By Nikita Braxton-Benjamin nikita.braxton@trinidadexpress.com
Story Created: Feb 25, 2013 at 10:56 PM ECT


THE four people beaten by entertainer Machel Montano and songwriter Kernal Roberts are only entitled to the $24,500 compensation ordered by the court yesterday.
 
The Express was told that since the matter is over four years, the people beaten by the men cannot file lawsuits in the Civil Court.
 
Montano was found guilty last year for the April 26 2007 assault on Brandis Browne, Russell Pollonais, Janelle Lee Chee and Gerard Bowrin.
 
He was also found guilty for using obscene language outside the Zen nightclub.

Before Montano was charged, Browne met with then civil attorney Anand Ramlogan at his office in San Fernando, to prepare a civil action.
 
Ramlogan said then "My client has been approached to settle the matter, but we will allow the Director of Public Prosecutions to do his job."
 
Ramlogan said his client had given a statement to the police "but regardless of the outcome, I will be filing a civil claim for the injuries sustained by Brandis, because I believe that advantage was taken of this young man".
 
The lawsuit was never filed.

Ramlogan could not be contacted by cellphone last evening.

Attorney Kevin Ratiram yesterday told the Express, "The limitation period for filing a civil lawsuit (for such an offence) is four years from the date of the incident.
 
Four years having passed from the date of the incident, the victims are prevented from initiating any civil or High Court action against Machel Montano or anyone else who is alleged to have assaulted them at the time of the incident."


Again... the same critique, this attorney shouldn't be making such conclusive pronouncements without knowing the details of the case.  The statute of limitations may in fact be four years, but there are any number of factors which may toll the clock, one of them may in fact be the state's prosecution of the same offense (in fact in the UK this may even be mandatory, as recent racism in football incidents imply).  If this also the case in TnT or a consideration, then they may still be able to sue.

Offline asylumseeker

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Re: Montano: I知 not involved
« Reply #218 on: March 13, 2013, 05:03:27 PM »
... The State has appealed.
« Last Edit: March 13, 2013, 08:04:05 PM by asylumseeker »

 

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