Damien Gomez
By RASHAD ROLLE
Tribune Staff Reporter
rrolle@tribunemedia.net
MAYAGUANA Administrator Zephaniah Newbold has denied claims that he does not remember the alleged threat MICAL MP V Alfred Gray made to him weeks ago.
Acting Attorney General Damien Gomez said last week the Attorney General’s office would have opened itself to a possible lawsuit if it pursued legal action against Mr Gray in a case involving allegations of judicial interference, saying that Mr Newbold could not remember key information.
“It was not so much ‘he say versus he say’ as it was that the details of what was actually said could not be remembered,” Mr Gomez said. “It’s not good enough to say ‘you said to me’. You have to say what was said because the court must determine whether what was said amounts to a threat.”
However, Mr Newbold told The Tribune this weekend: “I can’t say what Gomez is getting at. I never said (I couldn’t remember). I don’t know where he got that from.”
He said: “In the conversation (with Mr Gray), by way of telephone, (he) made a statement in harsh sounding tone as if he was angry and one of the things he said is ‘if I don’t understand Family Island administration, he would make it easy for me’. I don’t know exactly what he meant by that but I took it to be a threat. (Mr Gomez’ claim) is (therefore) not true. I don’t know what angle he’s looking at from.”
Mr Newbold said weeks ago he told police officials the exact words he spoke to The Tribune. “I gave (them) my statement about a month now,” he said.
Last night, Mr Gomez said Mr Newbold’s comments reinforced his statement last week, adding that he had no further comment on the matter.
According to affidavits filed in the matter and reported on by the press, Mr Newbold has long claimed that Mr Gray allegedly threatened to transfer him from his position as Mayaguana Administrator if he failed to comply with his “demands”.
Speaking generally about his future, Mr Newbold said: “I have not had anyone approach me in this community who is negative. You hear things but it never comes face-to-face with me. I have the respect of just about everybody because I try to help. I’m not a fearful man, but at that point, whatever caused me to obey or follow the command, might have been me feeling a bit fearful.”
Attorney General Allyson Maynard Gibson released a statement over a week ago citing “conflicting evidence” as her office’s reason not to initiate criminal proceedings in the matter involving Mr Gray, Mr Newbold and 19-year-old Jaquan Charlton.
In March, Mr Newbold convicted and sentenced Mr Charlton to prison for assaulting a police officer and resisting arrest. He later released the man, alleging that Mr Gray threatened him into doing so, a claim Mr Gray has strongly denied.
Explaining why the Attorney General’s office decided not to pursue action against Mr Gray, Mr Gomez told The Tribune on Thursday: “The evidence did not rise to the level that had been anticipated given what had been said in the newspapers. In my view, had we proceeded, Gray would have won on a no case submission, in which case the government would have been exposed to the potential for a lawsuit, which we really don’t have any stomach for at this point.”
“Judicial interference,” he said, “is not necessarily criminal unless it is accompanied by an offer, a bribe or a threat. Bribery was never alleged in this case. What was alleged was that there was a threat. When asked what that threat was and what was said, he (Mr Newbold) couldn’t remember.”
Comments
duppyVAT 8 years, 11 months ago
Gomez is used to twisting the truth .............. he loves to represent drug dealers and murderers
proudloudandfnm 8 years, 11 months ago
Gray lied. Now Gomez is lying.
And no one has been charged with facilitating this guy's escape from custody....
Muddos.....
Well_mudda_take_sic 8 years, 11 months ago
Gomez and Maynard-Gibson are wrongfully and blatantly engaged in one big cover up and protection scheme to save the hide of their political colleague, Alfred Gray. What's even worse here is that their blatant wrongful acts are being done with the blessing of Christie. Gray has already admitted speaking by phone with Newbold on the two relevant occasions....Newbold has already admitted he was (felt) threatened by Gray as a result of what Gray said during the relevant phone discussion(s)......the convicted individual was released by Newbold from custody notwithstanding an order from the magistrate (Pratt) that this not be done.....Gray, on being called out by Newbold for having committed an egregious act of judicial interference, immediately announced that he had tendered his resignation to Christie and Christie subsequently acknowledged receiving it. These are the undisputed irrefutable facts that should have resulted in both Gray and Newbold being charged with judicial interference and a jury of their peers hearing the facts before making their verdict. By their recent acts and/or failure to properly act in this matter, both Gomez and Maynard-Gibson have now also engaged in judicial interference and this matter too warrants a full and proper investigation followed by the pressing of any charges that may be applicable in the circumstances. Christie has allowed this whole affair to mushroom out of control thereby making a complete mockery of the independence that should (and must) exist between our judiciary and the two chambers of our government (house and senate) under our Westminster Parliamentary System of Government.
Tommy77 8 years, 11 months ago
Very well said.
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DonAnthony 8 years, 11 months ago
Let the dirt be known! I am surprised Mr. Gomez would continue to allow his good reputation to be so sullied. We know he has already tendered his resignation twice, he must be a very conflicted man. When you lie down with the dogs you will get fleas. Very sad, he should leave before his reputation is destroyed any further, either way very sad for him and the country.
duppyVAT 8 years, 11 months ago
Sooooooo, what type of phone was used????????? ............ dont we have the technology available to recover the conversations???????????? Why are we depending on word of mouth in 2015?????
Reality_Check 8 years, 11 months ago
You can bet your last dollar the U.S. government has the voice record of the relevant phone calls.
John 8 years, 11 months ago
DESPITE THE HEADLINE do you'all realize that Zephaniah Newbold has now made one of the clearest statements ever that vindicates Alfred Gray? "he said "if I don't understand Family Island administration, he would make it easy for me." How could your boss telling you if you don't understand your job you suffer the consequences of it,constitute a threat? Did Newbold panic and release the convict' for other reasons? This starting to look more and more like too much about nothing. What court will rule that a boss telling you to understand your job or suffer the consequences as a threat or judicial interference? The justice system is not that frivilious.
Reality_Check 8 years, 11 months ago
Under your flawed logic here, neither Damien Gomez nor Allyson Maynard-Gibson should have had any objection to pressing appropriate charges against Grey and/or Newbold for the wrongful release from custody of a convicted individual in contempt of a magistrate's order that he be kept remanded. It is an inescapable fact that the judiciary was over ridden by either Gray or Newbold, or both of them, and as a result a convicted individual in custody was freed thereby perverting the course of justice under our legal system. The AG's Office cannot walkaway from this matter without causing irreparable harm to the most fundamental cornerstones of our system of government and judiciary! Some things must never be swept under the rug for fear of the public losing trust in our judiciary by perceiving a complete break down in the laws of our land.
John 8 years, 11 months ago
Then maybe you are suggesting that Newbold should be charged along with Gray? Clearly he has produced no statement that shows he was threatened by Gray into releasing the convict. Not flawed logic. Pure facts clear and simple. You cannot prosecute on speculation.
Solomon 8 years, 11 months ago
Your logic is actually flawed but for a different reason. The conclusion you reach is based on a pure definition of the word ‘threat’ - this is your flawed premise. I would agree that with this premise, Mr. Newbold's statement does not constitute a threat. The only problem though, is that you are not considering the context of the situation.
For example, if a man points a gun at you and says “John, If you don’t understand Family Island administration, I would make it easy for you” - then this would be a threat with the intention of death. The presence of a gun gives sufficient context to modify the meaning of the statement.
In the same way, one could also argue quite reasonably two things when considering the context in this article. First of all, the statement ‘if I don’t understand Family Island administration, he would make it easy for me’ gives the implied meaning of Mr. Newbold being incompetent in his administration job.
Secondly, the statements are made ‘in [a] harsh sounding tone as if he was angry’, further modifying the meaning, so much so, that If you were in Mr. Newbold’s shoes at that moment, it would sound as if you were being threatened with the intention of losing your position!
Naturally, the problem with this whole fiasco is that it devolves into two witnesses who are both involved (he say, she say). There seems to be no independent witnesses, and so usually it would just be wise to close the case. However, what is interesting is that if you consider the statements of every official commenting on this scandal you would realize that there are many contradictions, and it looks like this is where the media falls short.
John 8 years, 11 months ago
Your example of someone pointing a gun is so far off base it changes the whole scenario because, as you acknowledge, the gun now becomes the threat and not the conversation. Remember that the conversation took place via telephone so there was no physical threat in the least so it is quite disingenuous of you even to suggest the presence of a gun. Then remember in Newbold's own words he says he is one that is not easily frightened, and he did not know what it was that caused him to release the boy
John 8 years, 11 months ago
While you go to great pains to discredit my post you, make outrageous and crazy suppositions and even to attempt to introduce a hostile scenario where Newbold's life was threatened, by a gun. This is a matter of an employer talking to an employee over the phone. To what extent would you go beyond this to pervert justice? 's
Solomon 8 years, 11 months ago
It seems it was my mistake to even reply to your comment. You took my example as a fact of changing the scenario when it was meant to act as an analogy to highlight the importance of context. Did you even read everything that I wrote?
There is nothing more to say really, my post actually supports your initial thoughts while highlighting the flawed logic in asserting that there was no threat simply from one statement posted in this article. This whole scandal could very well be a whole lot of nothing since there does not seem to be a way to substantiate the truth in these verbal statements.
As you said yourself "This starting to look more and more like too much about nothing".
John 8 years, 11 months ago
I'll pretend to agree with you agreeing with me and venture to say if it is about witnesses remember the young man who was accused, charged, convicted and sentenced in a matter of hours faced a similar situation. It was the police word against his. In fact he claims that at his (yes his) trial, he was not allowed to speak. So yes Newbold may have felt threatened but not from Gray. Conscience is a witch!
TalRussell 8 years, 11 months ago
Comrades I'm immediately thoughting myself that by number resignation letters Comrade Crown Minister Damien, done submit PM, him got's too much damn thinkin time on he hands? How much time you ask, sufficient been thinking up in da Madam Attorney General's head too?
Amen Jesus!
banker 8 years, 11 months ago
How do you know when a PLP is lying? Answer: His souse-hole is moving. These are sleaziest bunch of criminal degenerates since Pindling and his band of brigands.
John 8 years, 11 months ago
We have heard from Gray and Newbold told his side. (He says he is not a fearful man but he doesn't know what caused him to obey Gray, meaning there was no direct threat). Now maybe it's time to hear from the person who was charged and released and the arresting officer vis a vis the commissioner. That way a complete picture of what transpired can be seen including the details of what injuries the boy suffered and how he got them.
birdiestrachan 8 years, 11 months ago
Hash statement as if he was angry. "If I do not understand Island administration he would make it easy for Me" He Newbold took it as a threat and became a bit fearful. Newbold seems to have an agenda. He has to come far better than that, He wants a man to face criminal charges on that kind of evidence, and he says he tries to help every one. He was not trying to help the young man by sending him to an over crowed jail for a minor offence.. He calls news media to say what?
birdiestrachan 8 years, 11 months ago
What command is he talking about that made him feel a bit fearful? Every body must be afraid of Mr: Newbold so they will have to show him good face, to avoid going to jail for minor offences. The young man appealed his case, I believe Mr: Newbold was duty bound to give him bail.
John 8 years, 11 months ago
For a threat to stand under criminal law one has to prove intent and benefit. Was it Grays intention to threaten the administrator and what gain/ benefit did he obtain from doing so?
FNM_Retards 8 years, 11 months ago
^^ Silly FNM retards, your party will never get back into power so just STFU.
realfreethinker 8 years, 11 months ago
generalcrazy I see you resurface from under the rock you were hiding under,YOU RETARD.
FNM_Retards 8 years, 11 months ago
Nice to see another FNM Retard. Where is the crazy general.
DEDDIE 8 years, 11 months ago
It's amazing how politics creeps its ugly head in what is regarded as simple logic. When an island administrator acts as a magistrate he is afforded all the privileges as though he is a judge. Mr. Gray overstep his authority.The positive side is Mr. Newbold job is secure. If he is fired, he can claim unfair dismissal which will give the courts the legal authority to look at the matter without the AG approval.
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