(Trinidad Guaridan) Beetham Gardens community activist Anderson Wilson has been sentenced to seven days in prison for cursing Laventille West MP Fitzgerald Hinds in 2018.
Wilson was found guilty of using obscene language to the annoyance of others and slapped with the sentence as he reappeared before Magistrate Sarah De Silva in the Port-of-Spain Magistrates’ Court yesterday.
However, the father of five was not immediately imprisoned as he successfully applied for bail under Section 133 (A) of the Summary Court Act, which provides for such in circumstances where a person is sentenced to less than 30 days in prison and signals their intention to appeal.
Wilson was granted $10,000 bail and his friend Wendell Eversley, himself a social activist, was allowed to stand as surety.
De Silva was initially considering a 14-day sentence for Wilson, as she noted that the words used were disrespectful, that they were directed to a Government minister and that Wilson had previous convictions for obscene language and resisting arrest.
She decided to cut the sentence in half after considering a mitigation plea from Wilson’s lawyer Darren Mitchell, who asked the court to consider his client’s extensive social work in his community and the fact that the offensive statements towards Hinds were made during a tense time in his community.
“The offence just reflects him being over-passionate over the vast suffering of people in his community. It was not to be disrespectful to anyone, especially Hinds,” Mitchell said.
Mitchell also claimed that his client was the sole breadwinner in his family and had responsibility for his children ages two to 13 and his elderly father, who is infirmed.
In response, Assistant Director of Public Prosecutions (DPP) George Busby suggested the custodial sentence was required to send a message to citizens.
“There is a time for jokes and a time for seriousness. There is a time for mercy and a time for justice … This court has a responsibility to show members of the public what is acceptable or not,” Busby said.
In passing the sentence, De Silva sought to encourage him to reconsider his approach to activism in the future.
“To much is given, much is expected. You have to show a better example to the youths in the community,” De Silva said, as she noted that Wilson claimed to have helped 68 children in his community with the assistance of the United National Congress (UNC).
De Silva was careful to note that her decision on his guilt and eventual sentence was not influenced by Hinds’ position or the political party he is associated with.
“All persons, regardless of their status, deserve to be respected,” De Silva said.
According to the evidence in the case, the incident occurred on August 14 last year, as the Minister in the Ministry of the Attorney General and Legal Affairs was touring the then flood-ravaged community.
Hinds claimed that he was confronted by Wilson, who reportedly said: “For 56 years the PNM did (expletive) nothing for Beetham. Hinds, is only promises you giving and doing nothing for the (expletive) people.”
Another resident, Richard “Snake” Marcelle, also allegedly cursed Hinds and kicked floodwater on him, forcing the MP to run away. Marcelle was also charged with assault by beating and using obscene language after Hinds reported the incident to the police.
Unlike Wilson, Marcelle pleaded guilty to the offences at a preliminary stage and was fined $300 for the assault and $100 for obscene language.
Under the Summary Offences Act, the offences carry maximum penalties of a $400 fine or three months in prison and a $200 fine or 30 days’ imprisonment respectively.
In assessing the evidence in case, De Silva rejected submissions from Mitchell, who challenged the fact that his client was not mentioned in the station diary entry which detailed Hinds’ initial call to police. While De Silva noted that the officer who took the initial report had a poor recollection of the events, she said it did not affect his overall credibility. De Silva also considered a television interview with Wilson, which was recorded the following day, and used to show his propensity and tendency to commit the offence. In the interview, which was used to show Wilson’s propensity to commit the offence, Wilson suggested that the treatment meted out to Hinds would intensify in the future.
Wilson now has to file his appeal in the Court of Appeal, which will then be listed for hearing.
