Judge “frustrated” over Haitian senator case delays

The case surrounding John Joel Joseph, the Haitian senator who allegedly entered the country illegally after the assassination of Haitian president Jovenel Moïse, has seen another road bump surrounding the processing of refugee documentation.

 

During hearings at the Kingston and St Andrew Parish Court, a representative from the Passport, Immigration and Citizenship Agency (PICA) informed the court that the application was received and is being processed.

 

However, due to the language barrier of the accused, whose native tongue is French, interrogations have had to be done with the assistance of interpreters.  

 

Having heard the update from the PICA representative, Senior Parish Judge Lori-Ann Cole-Montague expressed “slight frustration” with the processes, as the Josephs are before the courts on a charge of illegal entry and have not yet entered a plea.  

 

“This is not a matter which should take the court very long. The charge is illegal entry and invariably, when this matter comes before the court, people plead guilty because it’s either you have the documentation to show that you had a proper landing or you don’t. Could that be done today?” the judge queried from the lawyer, seeking a plea from the accused.

  

However, Donahue Martin, attorney for Joseph, his wife, Edume, 38, and their sons Schopenhauer, 17, and Abaku, nine, indicated a difficulty would arise should his clients plead guilty, as they would be deported to a place which they are fearful of.  

 

“They have fled their country, Your Honour, out of genuine concern for their safety. In relation to the female, Your Honour, she was attacked at gunpoint and it was this reason why they had fled their country.. That is what caused the application to PICA for refugee status. That application, Your Honour, based on the protocol should not last beyond one month,” Martin explained to the court.  

 

According to the lawyer, the application for refugee status on behalf of Edume and her sons was made on February 3 and was expedited pending court proceedings.

Although there was a petition to PICA for refugee status, the representative told the court that the final decision is left up to the Eligibility Committee at the Ministry of National Security, which would determine the course of action and advise the minister. 

 

The lawyer appealed to the judge, noting her frustration, to appreciate the particular sensitivities of the matter, as well as the reason that led to the application for refugee status, which is one concerning the safety of the individuals.

  

Martin told judge Cole-Montague that he would be available later this afternoon to facilitate further interviews with the PICA to complete their application for refugee status, with the assistance of the interpreter.  

 

Joseph, Edume, their sons Schopenhauer and Abaku are expected to return to court on March 10. At that time, the court is to be updated with the application status. 

 

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