Ordinary Court Martial
Sub-Lieutenant Nakeida Gibson
Daily Report
Day: 2
Date: Tuesday, 1 October 2024
Start: 0958 hours
End: 1220 hours
Reconvene: Thursday, 3 October 2024 at 0900 hours
Location: Hodgson Hall Conference Room, St. Ann’s Fort, Garrison, St Michael
Adjournment: The matter was adjourned to enable the Defence counsel to consult with the accused regarding the Defence’s character witnesses.
Hearing Summary:
The Court Martial reconvened and the accused was arraigned. The President explained to the accused her rights and the potential outcomes based on her pleas. The President then proceeded to read the charges to the accused
The second (2nd) charge was withdrawn on the basis that it was an alternate charge in nature. Sub-Lieutenant Gibson pleaded guilty to the four (4) remaining charges. The Prosecution then informed the panel, and those present in the court, of the pertinent facts of the case and entered the relevant evidence, including, inter alia, the service record of the accused. The Panel inquired of the Defence Counsel whether there were any objections to the facts and/or evidence as presented by the Prosecution. There were no objections. There were also no objections to the particulars of the charges. The accused was subsequently invited to adduce evidence of character and evidence in mitigation of punishment, however, the Defence Counsel requested an adjournment. This request was based on the need to take proper instructions apropos the relevant character witnesses. The Judge Advocate and President of the Panel conferred and granted the adjournment until Thursday, 3 October 2024, whilst ordering that the Defence be ready to present its character witnesses on the said date.
Particulars of the Charges:
The accused W1710295 SLt Nakeida Gibson is being subject to military law under section 221 (1) (a) of the Defence Act 1979, and is charged with:
1st Charge (Pleaded Guilty)
CONDUCT TO THE PREJUDICE OF GOOD ORDER AND MILITARY DISCIPLINE
CONTRARY TO SECTION 75 OF THE DEFENCE ACT CAP 159 in that she
on the 10th day of July 2024 in the parish of Christ Church on this Island, being a commissioned officer in the Barbados Defence Force, acted contrary to paragraphs 10 and 12(b) of DFI 1/2024, BDF Fraternisation Policy, when she became involved in a personal relationship with a person of a junior rank, namely 0823087 PO Chase J
2nd Charge (Withdrawn)
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 in that she
on the 10th day of July 2024 in the parish of Christ Church in this Island, used Barbados Defence Force Glock 19, service pistol serial number HRA438 which is allocated to PO Chase J other than in the performance of her duty as a member of the Barbados Defence Force or for target practice.
3rd Charge (Pleaded Guilty)
NEGLECT TO THE PREJUDICE OF GOOD ORDER AND MILITARY DISCIPLINE
CONTRARY TO SECTION 75 OF THE DEFENCE ACT CAP 159 in that she on the 10th day of July 2024 in the parish of Christ Church in this Island, so negligently handled a Glock 19, service pistol serial number HRA438, as to cause it to be discharged in the presence of other persons.
4th Charge (Pleaded Guilty)
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 in that she between the 10th and 11th days of July 2024 in the parish of St. Michael on this Island being a public officer, namely, a commissioned officer in the Barbados Defence Force, without lawful excuse engaged in wilful misconduct which amounted to the abuse of public trust when she in her post as Staff Officer Logistics, Quartermaster Stores (G4) procured
the replacement of one (1) round of ammunition for PO Chase J after she had discharged Glock 19, service pistol serial number HRA438 allocated to the said PO Chase J.
5th Charge (Pleaded Guilty)
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 in that she between the 10th day of July and the 19th day of July 2024 in the parish of St. Michael on this Island being a public officer, namely, a commissioned officer in the Barbados Defence Force, without lawful excuse engaged in wilful neglect which amounted to the abuse of public trust when she failed to report or ensure that a report was made in respect of the discharge of Glock 19, service pistol serial number HRA438 on the 10th day of July 2024.
Prosecution Presentation:
Circumstances:
The prosecution's evidence, based on an investigation conducted by Captain Neville Corbin and Second Lieutenant Kashara Forde, outlined the following according to a report by Ms Rasheda Holder.
a. Sub-Lieutenant Nakieda Gibson invited Ms Holder, the girlfriend of a male Petty Officer (PO), to Sub-Lieutenant Gibson’s home while the said Petty Officer was present and in a compromising position
b. Sub-Lieutenant Gibson provided Ms Holder with directions to her residence and detailed instructions on how Ms Holder should gain access and locate the master bedroom. Sub-Lieutenant Gibson and the Petty Officer were in the said master bedroom.
c. Investigations revealed that when all parties were present in Sub Lieutenant Gibson’s home an incident occurred between the parties. During this incident, the service pistol, belonging to the Petty Officer, was discharged by Sub-Lieutenant Gibson.
d. In a statement prepared by Sub-Lieutenant Gibson she noted that during the ordeal, the weapon misfired when she was attempting to clear it. She went on to state that her finger was on the trigger when the weapon discharged a round during her attempt to clear it.
e. The investigation further revealed that contrary to Standard Operating Procedures, no incident reports were submitted to Headquarters Barbados Defence Force by the military personnel involved. In her statement, SubLieutenant Gibson acknowledged her responsibility for the incident that occurred
on July 10, 2024. Additionally, she affirmed her intention not to report the matter and to replace the expended round of ammunition without authorization to do so.
f. The investigation revealed that upon examination of the service pistol by a suitably qualified armourer, it was determined that the weapon was operational and in good order. Therefore, there is no apparent cause for the occurrence of any misfiring during the process of clearing the weapon.
g. Lastly, Sub-Lieutenant Gibson's Annual Proficiency Weapon Tests (APWT) revealed that she had maintained a marksman-level proficiency for over five (5) years and received a skill award during her Test of Elementary Training (TOETs).
Proceedings:
The Defence requested a presentencing report to be prepared for Sub-Lieutenant Nakeida Gibson. The Judge Advocate ruled that, according to the constitution of a Court Martial, and its rules, a presentencing report did not fall within the scope of a court martial’s regulatory framework and was not a mandatory requirement and therefore unnecessary. The Judge Advocate, in principle, agreed to adjourn the hearing and schedule a reconvening on Thursday, October 3, 2024, as per the Defence's request to hear the evidence of their character witnesses.
Witnesses:
SER WITNESS
1 Lieutenant (Coast Guard) Karen Carvahlo G1 – Force Adjutant
TESTIMONY SUMMARY
Testified to the Sub-Lieutenant Nakeida Gibson’s time in service (including as a commissioned officer). She served an aggregated 15 years (Reserves and Regular service)
She included her daily rate of pay, of approximately $230.00 per day, and the addition of qualification pay.
Lieutenant (CG) Carvahlo confirmed that Su Lieutenant Gibson was the BDF G4 –Quartermaster, 37 years of age and the mother of 1 child.