Ordinary Court Martial
Sub-Lieutenant Nakeida Gibson
Daily Report
Day: 3
Date: Thursday, 3 October 2024
Start: 0925 hours
End: 1315 hours
Reconvene: Friday, 4 October 2024 at 0900 hours
Location: Hodgson Hall Conference Room, St. Ann’s Fort, Garrison, St Michael
Adjournment: The Hearing was adjourned until Friday, 4 October 2024 to commence deliberations for the sentence
Hearing Summary:
The Court Martial reconvened and the President granted permission for the Defence to commence its series of character witnesses on behalf of the accused. Seven (7) witnesses appeared, in-person and virtually. The eighth witness, Counselling Psychologist, Mr Anderson Kellman, submitted a report on his evaluation of the accused. The prosecution offered no cross-examination of the witnesses.
The Character Witnesses:
1. His Excellency, Commander (Retired) Aquinas Clarke
2. Ms Sandra Norris
3. Ms Shonette Cheeseman
4. Captain Alicia Alleyne
5. Lieutenant (Coast Guard) Shawn Hazelwood
6. Commander Derrick Brathwaite
7. Ms Jennifer Clarke
At the conclusion of the character witnesses’ testimonies, the prosecution submitted the aggravating and mitigating factors as well as the expected sentence to the court. The Defence then submitted its plea in mitigation The Judge Advocate invited the accused to deliver a statement, which she did
The Court Martial was adjourned until Friday 4 October 2024 at 0900 hours, for deliberations.
Character Witnesses Summary:
During their presentations, the character witnesses spoke highly of Sub-Lieutenant (SLt) Gibson, describing her as a committed, reliable and honest leader. Despite her admission of guilt, the witnesses generally described SLt Gibson’s actions as uncharacteristic and a dire mistake; one for which she is deeply remorseful. Though the witnesses consistently noted the heinous nature of SLt Gibson’s actions, they pleaded for leniency.
Prosecution Remarks
In his closing remarks, Major Neville Watson stated that the report by Mr Kellman was similar to the other Character Witness testimonies. The psychological report when described, suggested Mr Kellman provided a good character reference, rather than an objective analysis of the accused psychological state. Thus, the prosecution recommended to the Court Martial Panel that little weight should be placed on the report.
Major (Maj) Watson said in his opening comments that the primary purpose of military law is to maintain good order and discipline; upholding the highest standard of military order. He said at the forefront of the panels’ minds should be what obtains in the Uniform Code of Discipline He further noted that the foundation of the entire incident was the unsanctioned fraternisation between SLt Gibson and a junior rank
Based on the Statutory Regime, the Defence Act, Maj Watson indicated to the Court that the custodial threshold has been met and breached. However, due to the early plea of guilt, and following customary law, the sentence should, at a minimum, be lowered to dismissal from the Barbados Defence Force. He said this is the primary mitigating factor of worth in this matter. As it related to the aggravating factors, they are clearly outlined for the panel and the court via the charges.
1. SLt Gibson sustained a sexual relationship with a junior rank which was the catalyst for the ensuing offences;
2. SLt Gibson took the service pistol without permission and was reckless in her use of the same;
3. SLt Gibson’s misconduct has the capacity to harm the reputation of the BDF;
4. SLt Gibson’s misconduct constituted a general breach of the public trust;
5. SLt Gibson deliberately tried to mislead investigators; and
6. SLt Gibson was reckless or otherwise indifferent as to how her conduct would compromise the careers of the junior ranks whom she caused to be involved
He noted that the character witness testimonies do not reconcile with the investigation and evidence presented before the court. He noted that to whom much is given, much or more is expected. He asked the panel, how SLt Gibson can ever be trusted again after the revelations in this case Lastly, he stated that the trust that has been breached is a critical stone in the arch of good order and discipline.
Defence Remarks
Defence Attorney, Mr Larry Smith S.C, in his closing, beseeched with the court not to proverbially “throw out the baby with the bath water” He pleaded to let the matter be a lesson to SLt Gibson and the BDF, one of which everyone can learn and grown from. He said that SLt Gibson’s early plea was a personal sacrifice as more details would have been brought to the fore had the matter elevated to a trial. He reminded the Court of how much Cdr Brathwaite needs SLt Gibson and how it would be good for the country and military.
Mr Smith petitioned that the BDF has a good officer in SLt Gibson, however, she had a lapse in judgment due to affairs of the heart. It caused her to think irrationally and she rebounded from her error. He submitted that she had approached the matter with fidelity, that she meant to cause no harm, and that she had a good service record.
Statement by Sub-Lieutenant Nakeida Gibson
During her emotional, unsworn statement the accused asked the panel to speak to the members of the Force present who she hopes to work with again. She said she aches to hear and see her name next to such matters, as she does not know herself to be this type of person. She said that she is a respected person with high standards and these actions do not reflect who she is. SLt Gibson said she is extremely sorry and pleaded for clemency during the deliberations.