The court does not show “favour” in its consideration of those brought before it on COVID-19 breaches says the island’s Chief Magistrate Ian Weekes. Rather, guilty persons are subjected to a “means assessment” to find out whether they can pay a fine, he said as he ordered former British reality television star Zara Holland to pay $12,000 for violating the island’s COVID-19 protocols.
The money was to be paid in seven days, with the alternative of seven days in prison. The fine was paid later in the day.
Weekes had also warned that the court would, “through the auspices of INTERPOL”, issue a warrant for Holland’s arrest if the money was not paid within the stipulated time before releasing her on $20,000 bail in the meantime.
Holland left the island around 6 p.m. for the U.K.
Weekes handed down judgment this morning after the visitor pleaded guilty to contravening Paragraph (14) of the Emergency Management (COVID-19) Curfew (NO 4) Directive, being a person in quarantine at the Sugar Bay Hotel, she did leave the premises without reasonable explanation.
The magistrate, who has islandwide jurisdiction and is the only judicial officer to hear COVID-19 matters, said: “I need to make it very clear . . . I am not here to satisfy any members of the public. Whatever decision I give may sometimes help to deter certain types of behaviour by members of the public, but this court, having dealt with all of these matters, would have done a means assessment of all the persons who would have appeared before me and, contrary to public opinion, this court has not just jailed anyone.
“The first priority of the court is always to make an assessment where there has been wrongdoing, according to this legislation, to see how the persons may be can assist in purging their wrongdoings by a monetary method . . . .
“This court has just not sentenced anyone to prison. Contrary to public view, I will always have an assessment as to their ability to pay. In circumstances where they can’t pay, the court then can look at any other options to make sure that persons understand the serious nature of the breach,” the magistrate stated.
The court heard from Inspector Janice Ifill that Holland was stopped at the Grantley Adams International Airport on December 29, 2020, after it was discovered that she was not at the Sugar Bay Hotel where she had been under quarantine.
Queen’s Counsel Andrew Pilgrim, who appeared in association with Harry Husbands and Kaviar Callender, mitigated on the convicted woman’s behalf and revealed that she had received two negative tests.
“She was extremely nervous about her status in Barbados and about the status of her partner (Elliot Love) and took what she accepts was a foolish step to try to leave Barbados immediately. She recognises fully the error of her ways in that regard. She is a person who has a great deal of respect for Barbados and its people,” Pilgrim said as Holland, who wore a light blue face mask, black dress, and gold sandals, listened from the dock of the District ‘D’ Magistrates’ Court at Cane Garden, St Thomas.
The Queen’s Counsel further disclosed that Holland worked as a store manager and it appeared she would be able to pay a fine, based on information from her family. He added that she had a medical condition.
“I don’t want to go too much in her business, but [we] do have a medical report to support that . . . one relates to an anxiety condition . . . . This does not excuse the wrongdoing, Sir, but it just speaks to some of the background. . .,” said the attorney, who further disclosed that Holland reported to the police station when asked to do so and cooperated with the entire investigation.
However, Weekes described Holland’s action as a “grave” breach.
He then took her early guilty plea into consideration which grants her a one-third discount under law, the fact that she had cooperated with the police, and her medical condition.
“It suggests because of that condition you may react in a certain way. The court has to take medical information into consideration in terms of any sentence,” he said.
Noting that seeking to depart the island while under quarantine was of grave concern to the court, Weekes added: “We must send the right message to the public that we cannot tolerate these kinds of breaches. Therefore, the message will be sent to you, as sent to others initially.
“The court does not go around jailing people because people may want it, but we are a jurisdiction that has always had great respect for the rule of law and we will continue to practise that.
“I am satisfied, and that is what the law requires, and having heard the submissions of counsel . . . $12,000 should purge her breach at this point. None of this is new and the public must not feel that this court is doing any special favour for Ms Holland. I would have done a similar thing in my last decision where the surety secured bail in the sum of $20,000 to ensure that the money is paid.
“The public must understand that there is no favouritism. I have always been consistent in all of my decisions. I am not worried about the rumour mill, but in any decision, I would also want to educate the public as to how the judicial system functions,” the Chief Magistrate added.
Barbados TODAY understands that while Holland has left the island, Love remained in isolation up to today.
(fernellawedderburn@barbadostoday.bb)
