Sun | Dec 5, 2021

Of Ponsis, predators and injustice

Published:Tuesday | May 30, 2017 | 12:00 AM


A hypothetical case, and a few questions.

Assume that I deposit my money with A, who may not have fraudulently induced me to do so, and A subsequently decides to hold on to the money, hide it, and refuse to return it to me.

(i) Would not A have committed a separate ongoing criminal offence for which he can be prosecuted quite independently of his original intention, and without any argument about double jeopardy?

(ii) Would this not be, on the balance of probability, an ongoing breach of a civil obligation to me, against which time will not run and the limitation period cannot commence?

(iii) Is there not a thing called a subpoena for reluctant witnesses?

(iv) Could a failure to follow through on the above and a sudden rush to sweep everything under the carpet be yet another example of the Jamaican justice system in action, and a protection of people in high places who may have been paid off in preference to me?

(v) Am I just being ignorant or naive?

Red Hills PO