BVI News

The case against Marvin Gumbs took an interesting turn in the Magistrate’s Court today.

What should have been a clear-cut case against the alleged mentally ill man, who reportedly broke the hand of an Inspector of Police who tried to stop him from being a nuisance at Bobby’s Supermarket got  deeper when Senior Magistrate Tamia Richards announced that the defendant was unlawfully detained by police for 18 days.

The defendant was charged with unlawful wounding and changed his plea twice before making his final plea decision.

Gumbs, first eagerly pleaded “not guilty”, then as he sat down he shouted, “guilty then, guilty” to the Magistrate.

Magistrate Richards asked the defendant to stand and explained the difference between the two pleas to him; it was then that Gumbs shouted his final plea, “not guilty! Not guilty your honour!”

Allegations
Principal Crown Counsel Tiffany Scatliffe in outlining the allegations stated that on February 18 at about 1:30 p.m.  Gumbs went into Bobby’s Supermarket in Road Town.

He was reportedly wearing only a pair of khaki pants.

The cashier at Bobby’s, upon seeing Gumbs, became fearful as she observed him running through the aisles removing items from the shelves and disturbing customers. She made a report to Inspector Jackson who was in the supermarket in uniform.
It was stated that the cashier had reasons to get the Inspector, because . When the Inspector confronted the defendant he took off running down the aisles. The Inspector called to the defendant in an attempt to make him stop, but Gumbs allegedly continued to run around.

The court also heard that when the accused saw the Inspector he picked up a large bottle of Presidente beer from off the shelf, raised it in his right hand, and charged towards the Inspector yelling: “I tried tell you stop —-ing  me up.”

The Inspector allegedly used his hands to block him Gumbs’ attack and as a result the defendant broke the bottle on the hand of the Inspector, and then ran out of the Supermarket.

The Inspector made a report to the Road Town Police Station and a Sargeant responded. The Sargeant met the defendant in the vicinity of First Bank on the same day at around 3:45p.m. The accused was informed of the report that was made against him and he did not reply.

On February 19, the medical examination form for Inspector Jackson was received and it disclosed that the Inspector’s hand was broken in the area of the fingers, as a result of the incident. The report stated that the hand was bandaged and cast; and would be of no use to the Inspector for three to four weeks.

The Officers later contacted the Mental Health Department and were informed that Gumbs had been one of their patients recently. The court heard that a nurse there told the officers that the defendant would have to be examined by Dr. Samuels before any determination could be made.

Gumbs’ Rights Violated
Senior Magistrate Tamia Richards questioned why it took the police 18 days to get Gumbs before the court. In fact, the Senior Magistrate stated, “Mr. Gumbs was unlawfully detained for 18 days. It is only to be for two days… The police can grant bail, and if not take the person to court, but the decision to remand is mine.”

“It is really unfortunate, and it appears that this is the new trend,” the Magistrate stated as she recalled that someone came before her in January claiming that he was detained for almost a month, and, like the present defendant is also a person of no fixed abode.

Magistrate Richards said, “Mr. Gumbs has no less right because he is of no fixed abode. Whoever was detaining him, it was unlawful. He has no different right than those who may live in mansions on the hills. The same right that is extended to Dr. Smith and Tamia Richards or any other person is the same for persons of no fixed abode… Mr. Gumbs you may wish to talk to a lawyer about your detention.”

Principal Crown Counsel Scatliffe told the Magistrate that she was also concerned that the matter was only now coming before the court. She further told the court, “it is unacceptable.”

Unique Remand Requirements
The Crown announced that they were against the defendant being granted bail, because there is another serious complaint against him.

Scatliffe also stated that she was informed that the police made an attempt to find someone to bail the defendant, but it was stated that the person who the accused identified refused to bail him.

Considering all that was said, the Senior Magistrate said that she needed to consider the defendant’s mental health in order to consider bail an option. She also recalled that the defendant has a history at the prison and stated that alternative arrangements will have to be made in order to facilitate his remand.

Scatliffe explained that the Commissioner of Police might have to write to the  Governor to  authorise the remanding of Gumbs to one of the police stations.

In the end, Magistrate Richards opined that this is an appropriate case for someone to be appointed through legal aid as defence counsel.

Defendant’s word
Following all that was stated about his unlawful detention the defendant announced that he is now “a muslim” and stated that he did not want to be remanded to the prison because the other prisoners “harass him” and he finds the environment to be too congested.

“I just want to practice my muslim religion… I usually wear a hat and a long robe …Every time I am in trouble Mental Health comes to the police station and inject me. They never tell me what I have; they just give me an injection to cool down my temper. I am not a crazy person…It is not that I can’t remember myself or anything.”

The defendant told the court that he will stay out of Bobby’s and Riteway supermarkets as well as other businesses and will ask a friend to purchase what he needs.

He said that he no longer uses drugs and that he earns a living washing cars and just wants a chance to be allowed to continue to wash vehicles and “save his money.”

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