July 29, 2010
Star News


 

 

Bachelous has fine lessened
BARBARA GAYLE, Staff Reporter

Entertainer Michael Barnes, also known as 'Bachelous', got a lucky break yesterday when the Court of Appeal reduced his $6 million fine or four years' imprisonment to $200,000 or six months' imprisonment.

Barnes, 41, of Christian Pen, Portmore, St Catherine, was convicted in June 2008 of illegal possession of 19 rounds of ammunition.

He was held at the Sangster International Airport in February 2008 with the rounds of ammunition in his hand luggage. He was on his way from the USA when the objects were detected in his suitcase while he was going through the security checkpoint.

Barnes, who performs locally and abroad as musician, singer and disc jockey, was in prison awaiting the outcome of his appeal. He was on bail but last year a judge turned down his application for leave to appeal and he was taken to prison last month to start serving his sentence. Barnes then took legal steps to plead his case before the Court of Appeal.

He lost his appeal yesterday against his conviction but was successful in having a new sentence imposed.

The court upheld submissions yesterday from defence lawyer Jack Hines that the sentence was manifestly excessive.

Justice Donald McIntosh in sentencing Barnes in the Western Regional Gun Court, St James, in June 2008, said persons from Barnes' community gave character evidence of how he was loved and respected. They said he was very helpful in the community and hosted treats for children and the elderly.

The judge in imposing the hefty fine said: "If they come together and put their money where their mouth is, that will let you know if they love you."

Hines took issue with the fact that the judge imposed a huge fine expecting members of the community to pay. Hines submitted documents to prove that Barnes' earnings were not sufficient to pay the fine. Hines said Barnes had to roast fish to help with his earnings and from that he made a profit of $2,000 weekly.

The court referred to the judge's comments and said that from the judge's words and the fact that Barnes did not pay the fine, "it would appear he is not really loved".

Barnes said in his defence at his trail that he had no knowledge that the rounds of ammunition were in the suitcase. He said while he was in the USA, he borrowed the suitcase from one 'Yaso Bell'.

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