Shocked and confused

When Courtney Anderson went to court last Thursday, the last thing he expected was that the judge would order his arrest, have him jailed, and place a stop order against him.

If that was not shocking enough, he also did not expect to spend the weekend behind bars – but he did. The documents required to complete the bail process in the 31-year-old case were not prepared before the court office closed on Friday. A critical document, required to be prepared for the Passport, Immigration and Citizenship Agency, due to the stop order placed on Anderson, was not ready despite the submission of all required court documents and the payment of the bail bond.

Anderson had been required to attend court last Thursday after being told two days earlier that an outstanding warrant had remained on his file since April 19, 1996.

His shock at the revelation was shared by two attorneys-at-law.

“Honestly, I am so confused right now. I wouldn’t even know where to start. But just to say that I am shocked at the approach taken, in light of the fact that this is a matter over 30 years ago, and to now issue a stop order against him – it is shocking and confusing,” said attorney-at-law Matthew Hyatt.

‘It is unfair’

“Is it that the prosecution has a proper file in place so that they understand what are the facts? To put a stop order on an individual in a case like this, where he himself turns up to court, it is unfair.

“And there is clear confusion as to whether or not the matter was dismissed, and he brings himself voluntarily to court and then he is arrested – that, to my mind, is unjust. A fair decision should have been that the man is given another court date. And given that he has not gone anywhere since the incident happened, why arrest the man? Don’t take away the man’s freedom.”

Clearly mystified by what has happened, he added: “This is a matter of 31 years.”

On Thursday, Anderson was directed to Court No. 1, where he waited nearly all day before being brought before the judge – where the unthinkable happened.

He has insisted, at least seven times, that the case, in which he was charged in 1995, was dismissed in 1996 after the complainant did not attend a single sitting.

“Why would I be trying so hard to clear my name if I was guilty? Why?” he asked during a brief telephone conversation before being placed in a cell, where he remained over the weekend.

For many familiar with the case, the common reaction has been disbelief.

He had just turned 31 in 1996 and, for him, when a judge says a case is dismissed for lack of evidence, that ruling is final. However, as he and his family are now learning in the most painful way, a judge’s word is not final until it is written.

The absence of that documentation 30 years later is now haunting the man, who since that time has, on separate occasions, received two B1/B2 visas to the United States – staying four months each time before returning to Jamaica. He has lived at the same Duhaney Park address in St Andrew then as he does now, and says he has had no other incident involving law enforcement since 1995.

A senior police official explained that “the judge did not vacate the warrant”.

“When a judge does not vacate a warrant, it means that the judge has refused to revoke, cancel, or set aside an active order for a person’s arrest. The warrant remains legally active and valid, allowing the police to take the person into custody upon contact,” said the policeman, who asked not to be named.

Anderson said he missed one court date, and a warrant was issued for his arrest. A now-retired district constable from the Duhaney Park Police Station later placed him in a service vehicle and brought him before a judge in Half-Way Tree.

It was at that appearance – when he explained what had happened – that he said he was told the case against him would be dismissed, as the complainant had failed to attend and there was no evidence to proceed. At his next court date, he said, the judge dismissed the matter.

But to his horror, court office officials told him on Tuesday that a 30-year-old warrant for his arrest was still active.

Not even prominent attorney-at-law Isat Buchanan could understand what had happened when The Gleaner briefly explained the circumstances to him and sought his perspective.

“I am confused,” he said.

Lost in translation, however, was the information to the district constable and the Half-Way Tree Court that the police had already brought Anderson before the court, and that the warrant should have been discharged, said an interested party, who asked not to be named.

“If it wasn’t so tragic, you would laugh,” said the man, a senior counsel.

Instead, the warrant remained active on his file. Compounding the situation, while attempting to obtain a police record, Anderson said his file could not be found for more than 20 years. When it was eventually located, there was no indication that the warrant had ever been discharged.

Anderson is now aghast at the revelation that he could have been picked up anywhere over the last 30 years and locked up without knowing why.

He was offered bail in the sum of $100,000.

“Why?” he has asked countless times.

Another effort will be made today to secure his bail.

erica.virtue@gleanerjm.com