A trial date has been set for Lloyd D’Aguilar and Euline Nugent, who appeared in the Half-Way Tree parish court on Tuesday. They were arrested and charged with breaching the Public Order Act during a protest at Jamaica House on October 12, 2023.

The social activists were arrested after the police ordered them to leave the vicinity.

When Senior Parish Judge Sanchia Burrell queried why they were asked to leave, a police superintendent, who was present on the day in question, informed the court that, “They are not supposed to be within 100 metres of Jamaica House” according to Section 21 of the Public Order Act.

The highlighted section of the Act designates Jamaica House as an ‘official premises’, prohibiting gatherings within 200 yards of the premises.

Section 22 of the Act also states that “Any member of the Jamaica Constabulary Force not below the rank of Corporal may, in relation to either (a) any public meeting held within the specified distance of any scheduled premises; or meetings. (b) any public march in progress which comes within the specified distance of any scheduled premises has the power to disperse public marches and meetings.”

“Have we had an amendment to the legislation? I see that the fine is a whopping $50,” Judge Burrell asked. The court clerk and the superintendent responded that they were not aware of any amendments.

The Superintendent stated that when he instructed D’Aguilar and Nugent to vacate the premises, they responded, saying only the prime minister can get them to leave. The activists were subsequently arrested.

D’Aguilar and Nugent have decided to represent themselves in the matter. In their defence, D’Aguilar pointed to the Public Order Act, arguing that the offence only applies to “any public meeting or march”, which he claimed did not apply to their actions.

“The Public Order Act says very clearly that if we were to have a march or we were to have a public meeting you need a permit,” D’Aguilar argued.

“Did you have a permit?” Judge Burrell asked.

“We were not having a march and we were not having a meeting. It was two of us that were there,” D’Aguilar responded.

“So it was a protest and a protest must be distinguished from a meeting or a march?” Judge Burrell questioned, to which D’Aguilar responded yes.

Following this confirmation, Senior Parish Judge Burrell scheduled the case for trial.

The trial is set to begin on June 4, with their bails extended.

-Vanessa James