Evans Calderon Appellant v Collis Barrow, Superintendent of Police Respondent [ECSC]

• Jurisdiction: St Lucia
• Judge: ST. BERNARD J.A.,CHIEF JUSTICE
• Judgment Date: 18 June 1976
• Judgment citation (vLex): [1976] ECSC J0618-1
• Date: 18 June 1976
• Court: Court of Appeal (Saint Lucia)
• Docket Number: MAGISTERIAL CRIMINAL

[1976] ECSC J0618-1

IN THE COURT OF APPEAL

Before:

The Honourable the Chief Justice

The Honourable Mr. Justice St. Bernard

The Honourable Mr. Justice Peterkin

MAGISTERIAL CRIMINAL

APPEAL NO. 4 of 1976

Between:

Evans Calderon

Appellant

and

Collis Barrow, Superintendent of Police

Respondent

Appearances:

Kenneth Foster for Appellant

P.J. Husbands, Crown Counsel for Respondent

1 ST. BERNARD J.A. delivered the judgment of the court:

2 The appellant was charged with two offences under the Public Order Act, Cap. 143 of the Laws of St. Lucia. He was convicted of having used threatening words at a public meeting on the 18th December, 1975, whereby a breach of the peace was likely to be occasioned. The second charge for abetting other persons to use threatening behaviour whereby a breach of the peace was likely to be occasioned was dismissed on the ground that the evidence did not support the charge.

3 The short facts are that on the 18th December, 1975, the appellant, a member of the House of Assembly at a public meeting held at about 9.35 p.m. at Jeremie Street, Castries, while addressing a crowd of about seven hundred persons used the following words:—

"I am prepared to stop Compton now regardless of the consequences. I will stand the consequences and if you all are ready follow me."

4 Persons in the crowd shouted, "we are ready, let us go." The appellant then put down the microphone and led the crowd to the gap leading to the home of the Premier, John Compton. The crowd then ripped down a sign which was placed on a steel pole at the entrance to the home, broke the branches of trees, placed stones at the entrance, and broke the windshield of the car of the Police Commissioner.

5 The crowd was moving up the gap to the Premier's residence with appellant. He was told by Superintendent Cuthbert Phillips that he would not be allowed to take the crowd to the Premier's residence. Appellant replied, "it is the will of the people I cannot stop them." As the crowd kept moving the appellant was told that the police would take action to present the crowd going to the house. The appellant said, "I am ready to die." The crowd became very angry and stoned the police vehicles. The appellant then called upon the people to stop but some of them called him traitor and asked for what reason did he bring them there. The time was now about 10.30 p.m. Eventually tear gas had to be used to disperse the crowd.

6 Appellant denied using the words alleged in the charge. He stated that he asked the audience whether they wanted independence or not and they replied in the negative. He then told them that if they did not want independence they must go and tell John Compton that they did not want independence. He asked them to follow him if they were ready. He stated that some members of the crowd insisted they go up to the Premier's house but he told them they should not do so, that they had registered their protest and should return.

7 There are four grounds of appeal as follows:—

• (1) That the Defendant is not guilty

• (2) That the words complained of, do not in law, constitute a threat

• (3) That in any event, there was no evidence that the Hon. Premier was at his premises, or in this state, or that he was in any way affected by the statement, itself innocuous.

• (4) The verdict is unsafe and/or un-reasonable in view of the in-consistent verdicts delivered by the magistrate.

8 The first ground argued by counsel was ground four. He submitted that the conviction on the first...