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FRIDAY,
OCTOBER 17, 2014
VOLUME 108, No.42
www.thevincentian.com
EC$1.50
Tamara Gibson-Marks and her lead attorney Alberton Richelieu leave the Kingstown Magistrate’s Court after what they would have concluded was a fair day’s work.
by HAYDN HUGGINS ST LUCIAN ATTORNEY Alberton Richelieu believes that justice has been served in the criminal matter involving his client, Tamara Gibson-Marks, former High Court Registrar here. Richelieu made the comment while speaking to THE VINCENTIAN on Tuesday, shortly after Gibson-Marks was fined $4,500 for theft and $6,000 for abuse of office. She was ordered to pay the $4,500 in one month or three months in prison, and the $6,000 in three months or six months behind bars. Magistrate Carla James handed down the penalties at the Kingstown Prime Minister Dr. Ralph Gonsalves was the first to disclose that the former Registrar had repaid some $300,000 she was accused of taking wrongfully.
Magistrate’s Court on Tuesday following a passionate mitigation plea by Richelieu. Local lawyer Duane Daniel, who also represented the former Registrar, made brief emotional remarks on his client’s behalf. The former Registrar was visibly calm and collected throughout the proceedings. Richelieu told THE VINCENTIAN that, in contrast to the low esteem to which Gibson-Marks was held in recent months, “I believe that justice has been served, and I am satisfied.”
Marks pleads guilty
Magistrate Carla James ruled that the mitigating factors outweighed the aggravating factors, hence a custodial sentence was not warranted.
Last week Tuesday October 7, Gibson-Marks, a St. Lucian, pleaded guilty to dishonestly appropriating EC$21,925 between April 30, 20014 and May 21, 2014, belonging to the Mediation Programme of the High Court here. She also admitted that on May 7, 2014,
“While being a person employed in the public service, did direct, in abuse of her office as Registrar of the High Court, an arbitrary act prejudicial to the rights of another person to wit, , request that Account No 800300 at the St. Vincent Cooperative Bank Ltd. for the benefit of Franklyn Williams, be closed. In relation to mitigation, the defence was granted permission for the filing and serving of written submissions on the Court and the DPP by last Friday, October 10. This was supplemented by oral submissions on Tuesday.
Magistrate explains her sentencing
In handing down the penalties, Magistrate James said she was guided by the principles of sentencing as set out by the Eastern Caribbean Court of Appeal. In highlighting the aggravating factors of the case, James stressed the breach of trust by the defendant and the loss of public confidence in state institutions as a result of her actions. But James pointed out that the mitigating factors outweighed the aggravating ones, and taking into account the aggravating and mitigating factors, the Magistrate concluded that the imposition of a custodial sentence was not warranted.
Mitigation on Marks’ behalf
In mitigation, Richelieu asked the court to be as lenient as possible. Reflecting on the facts as presented by Director of Public Prosecutions (DPP) Colin Williams last week Tuesday, Richelieu told the court that the money in relation to the Mediation Programme was kept in a drawer and no proper receipts or records of transactions were kept. He noted that, even before a lock was placed on the drawer about two years ago, there were a series of unreported thefts at the High Court Office. He aded that Gibson-Marks as accounting officer, realized that she was responsible and took full responsibility. Continued on Page 3. Colin Williams DPP did not respond to the oral submissions (mitigation) by Gibson-Marks’ lawyers.