Day: 1
Start: 1001 HRS
End: 1048hrs
Ordinary Court Martial
Sub Lieutenant Nakeida Gibson
Daily Report
Date: Monday 23 September 2024
Restart: Thursday 26 September 2024
Location: Hodgson Hall Conference Room
Adjournment: Defence attorney Mr Larry Smith SC, stated that there was inadequate time to prepare a suitable defence based on the nature of the charges as he was only retained by the accused on the same morning and that he was in poor health.
Hearing Summary: The Ordinary Court Martial trial for Sub Lieutenant Nakeida Gibson, who is facing five (5) charges, commenced today at 1001HRS in the Hodgson Hall Conference Room. Given the concerns about the defence attorney's poor health and insufficient time to prepare a proper defence, the President of the Panel, with advice from the Judge Advocate, adjourned until Thursday pending the submission of a doctor’s certificate confirming Smith’s infirmity. If submitted, before Thursday the court will reconvene on Tuesday 1 October 2024. The accused did not raise any objections to the panel, comprising of personnel from the Barbados Defence Force and CARICOM Member States Defence Forces.
Defence Submission: Before the reading of the charges for a plea by the accused, defence attorney Mr. Larry Smith SC made a pre-trial submission. He requested an adjournment of the hearing, citing his recent illness due to a childhood ailment for which he knew the cause and treatment. He also mentioned that he only recently met his client and needed more time for his due diligence, to prepare a suitable defence, and as well as to recuperate from his illness.
Additionally, Mr. Smith expressed concerns about the Panel's jurisdiction and the order in which members were sworn in. His primary concern was that the Judge Advocate swore in the President and the Members before himself being sworn by the President, which he believed to be flawed in natural law.
Finally, Mr. Smith suggested that a 48-hour period would be sufficient to recover and develop a suitable defence for his client.
Prosecution Remarks: In response to the defence's submission, the prosecutor, Lieutenant Commander (Lt Cdr) Krystal Delaney, stated that she does not object in principle to the adjournment but has concerns about its duration, particularly if it is a week or longer. She also noted that the accused had sufficient time to provide her attorneys with the necessary material for her defence. Furthermore, she cited Rules 27 and 28 of the Defence Rules of Procedure, 1984, stating that Mr. Smith's concerns about the panel's jurisdiction had been addressed by the legislative provisions and was a settled point in law. She thus concluded that there were no procedural errors in the swearing-in of the Judge Advocate, President, or Members.
Proceedings: After reviewing the submissions and receiving advice from the Judge Advocate, Lieutenant Colonel Lloyd Souvenir, the President of the Court Martial, adjourned the Court Martial for 48 hours. The adjournment is conditional based on Mr Smith’s submission of a doctor ’s certificate to the Panel. Additionally, he informed the defence attorney, Mr. Larry Smith, that if a medical certificate is presented, there is a possibility of a further extension, but not beyond one week, which includes the period already provided.
Details of the Court Martial
1. President: Lieutenant Colonel Lloyd Souvenir – Guyana Defence Force (GDF)
2. Judge Advocate: Magistrate Douglas Fredrick
3. Prosecution: Lieutenant Commander Krystal Delaney , Major Neville Watson, and Lieutenant Mikael Griffith Attorneys-at-Law.
4. Defence Attorney: Mr. Larry Smith SC in association with Mr Vincent Watson
5. Members of the panel: Lieutenant (Coast Guard) Derrick Johnson (GDF), Captain Daniel Emmanuel (Antigua and Barbuda Defence Force (ABDF)) Lieutenant (Senior Grade) Randolph Best (ABDF)) and Captain Natalie Haynes (BDF)
6. Waiting Members: Captain Samuel Boyce (BDF) and Captain Michael Jules (BDF)
A military court-martial is a judicial process used to adjudicate serious offenses committed by military personnel, whether enlisted or commissioned. The court-martial is akin to a civil High Court and ensures a fair trial per the Defence Act, Military Law, and the Laws of Barbados. The BDF holds its members to the highest standards of discipline, integrity,
and the Force’s core values. The BDF investigates all allegations against its members and remains committed to justice and discipline.
Details of the Charges
1. CONDUCT TO THE PREJUDICE OF GOOD ORDER AND MILITARY DISCIPLINE CONTRARY TO SECTION 75 OF THE DEFENCE ACT CAP 159.
2. CIVIL OFFENCE CONTRARY TO SECTION 76(1) OF THE DEFENCE ACT CAP 159 THAT IS THE UNLAWFUL USE OF A FIREARM CONTRARY TO SECTION 3 (1)(a) (A) AND SUBSECTION 9 OF THE FIREARMS ACT CAP 179.
3. NEGLECT TO THE PREJUDICE OF GOOD ORDER AND MILITARY DISCIPLINE CONTRARY TO SECTION 75 OF THE DEFENCE ACT CAP 159.
4. CIVIL OFFENCE CONTRARY TO SECTION 76(1) OF THE DEFENCE ACT CAP 159 THAT IS WILFUL MISCONDUCT IN PUBLIC OFFICE CONTRARY TO THE COMMON LAW.
5. CIVIL OFFENCE CONTRARY TO SECTION 76(1) OF THE DEFENCE ACT CAP 159 THAT IS WILFUL NEGLECT IN PUBLIC OFFICE CONTRARY TO THE COMMON LAW.
For further information, please contact the Barbados Defence Force’s Communications, CIMIC and Media Officer via 1(246) 536-2992 or G9@bdf.gov.bb.
All updates regarding the Court Martial will be provided as necessary.