The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

TWO MINISTERS were handed a 12-month prison sentence by a Magistrate on Friday for giving a 15-year-old boy liquor to get him drunk.

Arsenio Butler, 30, and Devin Sears, 28, appeared before Magistrate Andrew Forbes to learn their fates after having been found guilty a week ago of “child cruelty”, where it was alleged that they gave a teenage boy alcohol “in a manner likely to cause injury to his health” between January 31, 2014, and February 1, 2014.

Their sentencing had been adjourned to allow their lawyer, Romona Farquharson-Seymour, an opportunity to present character references and a plea in mitigation on their behalf.

When the matter was called on Friday, Magistrate Forbes noted that the mitigating factors in their favour were the numerous outstanding character references on their behalf, lack of prior convictions or pending matters before the courts and full attendance for all of their hearings since their initial arraignment.

The aggravating factors noted were that the Bahamas was a signatory to the United Nations Charter on Rights of a Child which led to the execution of the Child Protection Act.

Magistrate Forbes also said that while it was not obligatory, there had been no expression of remorse.

“The court finds the behaviour to have been unacceptable for adults. The court is not concerned as to the motive but they ought to have known better,” he said.

Magistrate Forbes imposed a custodial sentence of one year at the Department of Correctional Services.

However, he exercised his discretion to allow the pair to remain on bail pending an appeal by the defence and/or the Crown.

Butler, a pastor-elect, had been separately charged with indecent assault after it was alleged that he had put his hand down the teenager’s trousers. Both pleaded not guilty to the charges in their first Magistrate’s Court appearance in February 2014.

Magistrate Forbes, in October 2015, determined that a sufficient case had not been made by the Crown for Butler to answer to the charge of indecent assault when considering the second of two statements given to police by the complainant.

The alleged assault was only referred to in the second statement. During testimony, the complainant and police were at odds about where the statement was taken.

The magistrate discharged Butler of the assault charge.

However, the court ruled that Butler and Sears must answer to the remaining charge of “child cruelty” based on the evidence produced by the prosecution.

In a 12-page ruling handed down last Friday, Magistrate Forbes referred to an event that occurred following the decision, which he said had never occurred before.

“It is noted at this point that a remarkable event occurred which this court has never before witnessed; a letter was directed by the Crown to the court clerk inviting this court to reconsider its verbal ruling advising that it had discharged the defendant Butler of the indecent assault charge,” the magistrate’s ruling noted.

“This is clearly inappropriate as the avenue open to any aggrieved party is to file an appeal. Further, is this not an infringement of the separation of powers and why would the executive seek to direct the court to its findings given its rights of appeal? This court sincerely trusts that this is not a practice and will not become to be repeated in this or any other court,” said Magistrate Forbes.

Butler and Sears were nonetheless convicted of the “child cruelty” charge after the magistrate found that their evidence was not convincing.

“If one accepts all they have said, two adult men elected to transport a minor out after 11pm,” Magistrate Forbes said. “It is clear they were irresponsible. And then suggest that the minor was somehow leading them in this foray. The evidence of the virtual complainant coupled with evidence of the virtual complainant’s mother and the opinion of the doctor suggest that he was plied with substances which caused the effects that were observed.

“This court accepts the evidence of the virtual complainant that he was given alcohol by these two individuals. The reasons are unclear, but this court accepts that he was provided the substance by Mr Butler and Mr Sears,” Magistrate Forbes ruled before convicting them of child cruelty.