Husband, wife face new charge over resisting quarantine order

A married couple at the centre of a standoff with public health and law enforcement officials over a quarantine order back in April has now been served with a new the old allegations which their lawyers described as having a “fundamental defect”.

When Fabian Antone John, 46, and his wife, Vanessa Maylin John, 48, from Kingsland Heights, Christ Church, first appeared before Magistrate Elwood Watts in the District ‘C’ Magistrates’ Court, in early May, they had been charged with refusing to carry out the Chief Medical Officer’s order under Section 12 Subsection 1 (b) of the 1950 Quarantine Act.

The two pleaded not guilty.

Their defence team of Michael Lashley QC, Simon Clarke and Sade Harris urge the court to throw out the charge under the Quarantine Act. “It is too fundamental a defect to change now from one statutory instrument to a totally different instrument – that is the Emergency Management Order Act,” Lashley said then.

“We are saying that the prosecution cannot amend at this stage because it is too fundamental… this would be an amendment to the substance [of the charge] and we are submitting that based on the authorities that it cannot stand.”

When his clients who are on $1,000 bail each returned before Magistrate Watts on Monday, the new charges were served on them.

The two now face separate charges of obstructing Keegan Mohammed, a public health officer, authorized by the Chief Medical Officer in the execution of his duty. The April 26 charge makes reference to Paragraph 19 of the Emergency Management (COVID-19) Order 2021.

“To charge someone under the Quarantine Act and then recognizing the blunder after it was pointed out and submissions made, is an abuse of process . . .,” said Lashley, who is to make fresh submissions when the matter comes up again for hearing on June 23 before Magistrate Watts.