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Kingston Gleaner Newspaper Archives Jul 11 2015, Page 1

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Kingston Gleaner (Newspaper) - July 11, 2015, Kingston, Kingston www. jamaica- gleaner. com VOLUME 181 NO. 164 KINGSTON, JAMAICA 36 PAGES INCLUDING GCT $ 60 Follow us on: Right now, I am having to prove that he was there on or before the first of January 1973. I have contacted his doctors to get his medical records to show that he has been with that practice since he has been there as a 16- year- old. “ ” JULY 11, 2015 SECTION C www. jamaica- gleaner. com gleanerjamaica jamaicagleaner F R & Family and Religion SATURDAYS FAMILY IN THE NEWS RELIGIOUS RIGHTS FIX MY FAMILY SITTING AT THE FAMILY TABLE VOX POP: FAMILY FEEDBACK OUR NEW FEATURE IS A MUST- READ SECTION C Livern Barrett Gleaner Writer F ORTY- FIVE THOUSAND dollars for one hour and $ 100,000 for four and a half hours – this was part of the $ 225,000 awarded to a former delivery man for false imprisonment after a high court judge found last month that he was held in police custody for more than five hours on a charge that was later dismissed by a lower court. Winston Hemans was also awarded $ 80,000 for malicious prosecution in a civil suit he filed against the State arising from an incident at the Norman Manley International Airport ( NMIA) in Kingston in July 2005. Justice Evan Brown, however, dismissed Hemans’ claim for aggravated or exemplary damages against the arresting officer, identified as Constable Andrew Anderson. “ There was ... nothing in the circumstances of the arrest of the claimant [ Hemans], whether at the arrival area [ at NMIA] or at the police station, that suggested that the first defendant [ Anderson] behaved in a highhanded, insulting, malicious or oppressive manner,” Brown wrote in his ruling. Hemans claimed, in court documents, that he parked his motor car at the NMIA on July 19, 2005, and was heading to the arrival area to deliver a package when he was approached from behind by Anderson and asked to go with him to the police station located at the airport. The former delivery man said when he got there, he was arrested and charged with the offence of failing to leave the airport. Hemans said he was placed in custody and remained there until he was granted bail some time after 6 o’clock that evening. After three court appearances between July and August that year, prosecutors decided to drop the charge against him in September. But Anderson, in his witness statement, said he saw Hemans at the arrival west terminal area – clad in blue jeans and a white shirt – illegally soliciting passengers and collecting money. Anderson claimed that he advised the delivery man that he was committing an offence and ordered him to leave the airport. “ Upon being so ordered, the claimant walked away,” the constable said. HELD FOR FAILING TO LEAVE AIRPORT However, he said that later that day, he again saw Hemans soliciting passengers at the airport, and it was at that time that he decided to arrest him for failing to leave the airport. Anderson said a search of the delivery man after the arrest revealed “ money the claimant told him was collected from soliciting passengers”. Brown, after hearing both sides, said the question became whether Hemans was the person Anderson spoke to earlier that day. “ Did he [ Anderson] make a mistake? In his witness statement, the first defendant [ Anderson] described the person he told to leave the airport as a man dressed in blue jeans and a shirt. However, in the entry made ... in [ the] station diary, the first defendant described the claimant [ Hemans] as a man dressed in black pants and a blue shirt,” Brown noted. “ The first defendant did not say anything to the claimant aside from asking the claimant to accompany him to the police station, although the claimant required of him a reason. He, thereby, robbed himself of the opportunity to confirm his earlier observations and ground his action in law,” the judge continued. Brown also raised questions about the constable’s claim in his witness statement that the person he warned about soliciting passengers at the airport walked away. He said an entry in the station diary revealed that “ that person was escorted to the bus stop”. “ This is the incongruity ... neither account made any reference to the claimant’s [ Hemans] car, which he, admittedly, had at the airport. It strains the limits of the imagination to accept that the claimant would have walked with the first defendant to the bus stop without once mentioning that he had his own mode of transportation to leave the airport,” Brown underscored. Jodi- Ann Gilpin Gleaner Writer UP TO press time yesterday, Jennifer Housen, the lawyer representing Neville Mckenzie, the 68- yearold man who was denied re- entry into the United Kingdom ( UK), where he has lived for decades, said she was still awaiting an invitation from the British High Commission in St Andrew to discuss the case. McKenzie had visited Jamaica to attend a funeral and has been told he will not be allowed to re- enter the UK. “ Getting a hold of the British High Commission here is very difficult. I am hoping that they will contact me, but I will continue on the route that I am on, which will take about six to eight weeks,” Housen said. “ Right now, I am having to prove that he was there on or before the first of January 1973. I have contacted his doctors to get his medical records to show that he has been with that practice since he has been there as a 16- year- old. Then I need to contact the Department of Works and Pensions to confirm that he has been paying contributions since he has been working there as a 21- yearold, in addition to further talks with his member of Parliament,” the attorney explained. CHECK DOCUMENTS In the meantime, the British High Commission, in responding to questions from The Gleaner , urged Jamaicans living in the UK to check their travel documents carefully before leaving the country to ensure that they are able to return. “ UK Visas and Immigration do not comment on individual cases,” the high commission said. “ However, we are aware that there are many long- term residents of the United Kingdom who do not have British citizenship. If they leave and then return to the UK, then they will need to satisfy the UK immigration rules to regain entry. Our advice is always that people should check their documentation carefully before they leave the UK to ensure that they are able to return.” McKenzie has been a resident of 90 Mawbey Street, Stockwell, London, since December 1962. He came to Jamaica in November of last year to attend his aunt’s funeral. However, when he decided to return to England on June 19 of this year, he was issued with a refusal of entry clearance. Housen, however, pointed out that there is a lot of ambiguity on the part of the UK government as there is nothing in law that makes it mandatory for persons who have settled in the country before or on January 1, 1973, to get a British visa. Stranded man’s lawyer hopes for talks with high commission Court awards $ 225,000 for wrongful detention RICARDO MAKYN/ STAFF PHOTOGRAPHER Neville McKenzie … A high court judge found last month that he was held in police custody for more than five hours on a charge that was later dismissed by a lower court.

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