May 31, 2024
Today in the Antigua High Court of Justice, transgender rights champion and social media icon, Dame-Sherese Bramble, convinced Justice Ann-Marie Smith to grant a stay in a matter being brought against her by the DPPs office. The case stems from allegations that Bramble, via Facebook, insulted the Chief Health Inspector in March of 2022.
Dame Sherese, in her submissions, outlined several grounds why the matter should be either dismissed or stayed, pending the outcome of a civil case she filed against the Government. In this civil case, she claims that Section 4 of the Electronic Crimes act violates her constitutional rights.
Bramble argued, that since the entire prosecution of the matter was started under disgraced former chief magistrate Joanne Walsh, during her stint as acting DPP, that the case was corrupted from the beginning, since at one point, Walsh was both a VC and the DPP handling the matter.
The Crown in its rebuttal argued that the case should proceed and pleaded passionately with the judge to have Bramble arraigned immediately. The Crown council present argued that Bramble had very little chance of winning such a constitutional challenge, since George Whenner brought a Similar Challenge in 2017 and failed.
Bramble, then pointed the court’s attention to the fact that Whennner challenged the old law and not the new law, amended in 2018. In addition to this, Bramble’s challenge to the law is on several different grounds. Including the vague sentencing stipulations outlined in the law which could be abused by unscrupulous actors.
In the end, the Judge ruled in Bramble’s favour and adjourned the matter, pending the outcome of the constitutional challenge.
SCORE SO FAR
BRAMBLE : 1
CROWN : 0
