Does Justice Prevail on Montserrat?

Does Justice Prevail on Montserrat?
Author

Ralph D. Birkhoff

Release Date

Wednesday, November 25, 2015

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In early April of this year I picked up a young man on the side of the road in St. Peters selling coconuts. I asked him if I could buy the coconut water from him. He said sure, but he didn’t have a cutlass, so we grabbed the bag and I drove him to Salem where he could borrow one. Then I took him to our home where he proceeded to fill the bottles for me. I paid him more than I should have because he needed the money, and then I drove him back to St. Peters.

A few days later my wife’s business was broken into. A man aided by his accomplice climbed in through the kitchen window of JavaLava and stole some petty cash, some items from the kitchen, a box of beer, and some electronics. The police were called and a full investigation ensued, but during that first hour the police seemed to have a good idea of who it was, and went to see if the suspect was at home. He was not, but several days later the police spotted him on the road and apprehended him. He had some of our stolen goods in his possession, and he was brought to the Salem Police station. The officers called me and asked me to come to the station to identify the stolen item, and it was indeed one of the missing items.

The suspect in custody was the same person I bought the coconuts from.

The name of this young man is Scott Fergus. His brother was his accomplice. Scott was born in Dominica but has Montserrat parentage. He was wanted for various crimes in Dominica, but he fled to Montserrat because his victims there were trying to find him and there is little doubt what his fate would have been. Montserrat provided a sanctuary.

In the police interview Scott Fergus confessed to the crimes of breaking and entering, and the theft of the goods. We learned that he was apprehended while out on a bond for other similar crimes he had committed on Montserrat. During the period of time between the burglary of JavaLava to his apprehension, the police had evidence he had also broken into the private home of a senior official from the Bank of Montserrat. In fact he broke into that home twice in three days. He stole various computers and other highly valued equipment from this victim. A string of other burglaries in the Old Towne area had also been reported.

This was very disruptive to my wife, who came to Montserrat to open a new business because she had heard it was such a safe island, and almost crime free. Coming from Trinidad this was a key factor in our decision to relocate here. The crime made her extremely anxious, and she was not able to go to her business alone again. The bank official now enters his home with a weapon ready at all times.

Scott Fergus was arrested and charged on all counts, but was then released again on bail until his court date, which was scheduled in November, almost 7 months later. We were forced to see him walking free on the streets on many days, and he has now taken up a skid in front of Rams selling whatever he can find to sell. We found this incredible - that a man was able to commit further crimes while out on bail, and then be released again. I cannot think of anywhere else in the world this would happen. Surely, at the trial he would finally be sentenced and incarcerated.

We provided the police with detailed victim statements. We attended court in September to provide our statements to the presiding judge. The defendants both attended these court dates and admitted to the judge that our statements were accurate. On this past November 13th, the defendants appeared in court to attend their trial. Scott Fergus pleaded guilty. Incredibly, the judge released him on a 3-year probation. He is free on the streets of Montserrat once again.

There have been subsequent reports of a number of additional unsolved burglaries in the Old Towne area recently.

Was justice served here?

Does Montserrat as a society believe that this favourable treatment of criminals responds to the needs of its citizens? We all, as the victims, lost much through these crimes, but most importantly we lost our peace of mind, something we can never get back. We lost our positive vision of Montserrat as a safe place to live. We must now be much more vigilant, and have had to increase our personal security. This is not a country where you can leave your doors unlocked anymore. Montserrat has now officially lost that claim with people like Scott Fergus here. What will be the long term impact of court decisions like this? Montserrat will become known as an easy mark. More people like Scott Fergus will end up here, knowing that there is no penalty for crime here. The reputation of Montserrat as a safe place will disappear. There are other, more heinous crimes in front of the courts now. It would all negatively impact tourism. Foreign landholders may decide they’ve had enough. If the justice system can’t protect its citizens it’s time to go.

And do the courts really believe that Scott Fergus, a young man who has been involved in criminal activity for most of his young life in order to survive, will change his illegal ways if they do not sentence him to pay for his crimes? At the very minimum he should have been forced into a counselling program. At best he should have been deported back to Dominica so we can think about unlocking our doors again.

I would think Mr. Fergus is laughing all the way home. “I can break into private property, steal what I like, plead guilty in front of a judge, and they still let me free!! *laughing*”

Something is not right here. Justice is not being served, the victims continue to pay for these crimes while criminals walk free, and the reputation of Montserrat is at risk.

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