SVG politician on gun charge in trouble over statements posted on Facebook about magistrate
KINGSTOWN, St Vincent, CMC – St Vincent Chief Magistrate Rechanne Browne on Thursday recused herself from the trial of a politician accused of possession of an unlicensed firearm and ammunition after he made allegations against her on Facebook.
Browne said Asordo Bennett’s “manifestly untrue” statements made it impossible for her to continue to hear the matter. Attorney-at-law Grant Connell also dropped Bennett as a client.
This means Bennett will be tried by a different magistrate, and, if he chooses, be represented by a different lawyer.
In Bennett’s since-deleted Facebook post, he made several allegations against the police and the chief magistrate, which both the chief magistrate and Counsel Connell said did not transpire during the trial as Bennett claimed.
It is understood that after Bennett’s statement came to the attention of the authorities, he was arrested on Wednesday and brought before the Serious Offences Court, where the chief magistrate expressed her strong objection to his statement.
However, his lawyer was not present and the chief magistrate ordered that Bennett and Connell appear before her on Thursday.
On Thursday, Browne said that when Bennett appeared before her on Wednesday, she “expressed quite clearly to him how I felt”.
She said she is not one to peruse Facebook or listen to radio programmes.
“So when this was drawn to me, I was quite taken aback by the contents because they were manifestly untrue,” Browne said. “And it is clear you have had an intention. Well, it worked….”
She continued: “When I took an oath as a judicial officer, I take that seriously when it comes to justice. And putting my character into disrepute, I cannot say enough how I felt by those utterances.”
Referring to Connell, she said: “So, I note you would have been here and I don’t know if you heard me telling any police certain things. Having seen that, it would not be in the best interest to continue with this matter.”
Connell then stood and said that as an officer of the court he must rise and correct Bennett’s statement.
The lawyer said that he does not have a Facebook account but the post was drawn to his attention and he spoke to Bennett about it and he had indicated that he was very sorry for his action.
“I was present and as an officer of the court, I would say that the utterances that were made and the inference that can be drawn from what was said is at variance with the truth,” Connell told the court.
“I think it is a misunderstanding, given the procedure of the application by the prosecution to treat the witness as hostile,” Connell said, referring to one of the statements that Bennett had made in his post.
“To say things that defame a magistrate is wrong,” Connell said. “I know we have descended into some lawless society where anything goes. But there is no half-right or half-wrong. Wrong is wrong; right is right.”
The lawyer said that the chief magistrate had rightly recused herself.
He added that he had spoken to his client beforehand during the trial, “and such actions are at striking variance with my advice.
“Therefore, I have no choice and I have indicated to him that I will be making an application to be removed from the record so that he can have a fresh start. New magistrate, now prosecutor, new lawyer, so that no inferences can be drawn, no allegations made,” Connell said.
“I think he has learned his lesson and I don’t think he will make that error again.”
The chief magistrate noted that Bennett’s actions could face criminal sanctions but Connell said he hoped “the book would not be thrown at him”.
She granted Connell’s application to be removed from the record as Bennett’s lawyer and adjourned and transferred the matter to April 8 before the Mesopotamia Magistrate’s Court.
“Your honour, Mespo would be…,” the accused said before being stopped by Connell.
The lawyer then spoke in a hushed voice to Bennett, who was still standing in the dock.
After their conversation, the accused said: “Your Honour, I am sorry for anything I may cause. Me ain’t know how to say it, but I am genuinely sorry for anything — you know — I do that might get you upset or the court or the attorney, the prosecutors, the court on a whole, your worship.”
“Thank you,” the chief magistrate said.
Connell commented: “That sounds genuine. It doesn’t sound as if speaking as a politician.”
In the November 2020 general elections, Bennett obtained 16 votes in his bid to win the South Leeward seat as an independent candidate in a three-way race.