Published On:Friday, January 27, 2012

By LAMECH JOHNSON

ljohnson@tribunemedia.net

MAGISTRATE Carolyn Vogt Evans sent the punishment of a convicted child rapist, who pleaded guilty to a robbery last November, back to the Supreme Court as she had initially done last year.

Andrew Bridgewater, 38, had been arraigned before Magistrate Vogt-Evans on November 22 when he pleaded guilty to robbing a 52-year-old woman of a handbag containing $100 worth of personal items.

The magistrate, after listening and watching the unremorseful attitude and conduct of the accused, told Bridgewater that she would refer the matter to the Supreme Court for sentencing. She said because of his attitude and his previous convictions, he deserved more time in prison than she was allowed to give.

However, when the matter was being heard before Senior Justice Jon Isaacs on Monday January 16, Magistrate Isaacs once more sent the case back to the magistrate's court, this time for a technical error to be corrected.

Because the Court Six magistrate was not the one who had originally convicted Bridgewater, but only accepted his guilty plea, Senior Justice Isaacs said that as regards the law, he could do nothing.

According to the Criminal Procedure Code, a Magistrate referring a matter to the Supreme Court for sentencing must have all preconditions met, which includes conviction of the accused.

However, before remitting Bridgewater back to the higher court to be dealt with, the Court Six, Nassau Street Magistrate, who was on circuit in the family islands recently, made it clear that she made no error in November.

Addressing Bridgewater, she said: "I understand that some exciting things have been happening in my absence and unfortunately or fortunately for you, you have been remitted to this court for conviction."

"I am of the view," she said, "that my conviction of the defendant was in order with the guidelines set out in the Magistrates Act."

Nevertheless, she emphasised that he was "convicted" and said that "you are to be remitted to the Supreme Court for sentencing".

"If you did not get it the first time, let me repeat it again; Convicted! Convicted! Convicted!"

Prosecutor Kevin Farrington requested a copy of yesterday's transcripts. She said she would check the transcripts to make certain her signature was on them compared to the previous one which had been given away without her signature or permission.

"Would you like a copy of my minutes," she asked the prosecutor. Mr Farrington smiled and replied, "Yes your worship."

Bridgewater, who, when asked by the magistrate, said he was fine, was remanded to prison until he reappears before Senior Justice Isaacs.