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Old 26-12-2012, 10:30   #136
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Re: In Prison in St Lucia

What's reasonable when you're on a boat and the criminal's only escape route has closed(the boat with his compadres has left)?

Would the captain/owner be expected to tie him up, or invite him for tea?

I understand the idea that with the escape vehicle now gone, that the captain/owner might contemplate the result of throwing the scoundrel overboard, but what about the impending fear of harm from this scoundrel if the captain/owner didn't avail himself of the opportunity to remove the danger from his boat?

Maybe . . . if the scoundrel had pleaded with the captain/owner that he didn't know how to swim and the captain/owner "then", with no regard to this guy's pleas, still shucked him overboard . . . maybe then, there might actually be an issue of responsibility.

As I see it, unless the captain/owner had full and complete control of the situation, was no longer in harm's way and with forethought, "still" threw the guy overboard, I don't understand how he could be responsible.

In any case, I wonder why no one has considered the other criminal's responsibility? After all, they left this guy. They probably knew this guy well enough to know he couldn't swim and knew that if the captain/owner regained control, that their friend(?), would wind up in the water.

As I see it, any court, anywhere would "probably" find the captain/owner not guilty . . . eventually.

But who wants to spend 6 months . . . a year . . . or longer, in jail waiting to find out?
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Old 26-12-2012, 10:35   #137
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Re: In Prison in St Lucia

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Originally Posted by maytrix View Post
Perhaps one thing we can learn from this is that if you do encounter someone on your boat or trying to board your boat and do repel them, that you should probably contact the authorities.

Had he contacted them, it may have changed the appearance of the incident in the eyes of the authorities. Furthermore, its probably always best not to say any more than you need to when speaking to the police.
How do you know that the guy sitting in jail right now didn't contact the attority's first? These are the little details that make a huge differance to an outcome. From what I have read, the thief/drug dealer dinghied out with some other thief's, who appearently left when a struggle was appearant. The boat owner then was able to protect his property somehow by getting him off the boat,(don't know how) where the thief than swam some distance to shore and gave a statement to someone, (maybe the athority's) then died. If there are more facts that are known please let us know. If anyone should be in jail right now it would be the buddy's who abandoned the thief/drug dealer on the owners boat.
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Old 26-12-2012, 10:38   #138
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Re: In Prison in St Lucia

I found this in the NET regarding St Lucia human rights...

The constitution stipulates that persons must be apprehended openly with warrants issued by a judicial authority and requires a court hearing within 72 hours of detention. Detainees are allowed prompt access to counsel and family. There is a functioning bail system.
Prolonged pretrial detention continued to be a problem; approximately 270 of the prisoners at Bordelais Correctional Facility were on remand awaiting trial. Those charged with serious crimes spent an estimated six months to five years in pretrial detention.
In March prisoner Eugene St. Romain, who alleged that he had been detained but never tried since April 2004 on a charge of murder, entered a plea of not guilty. At year's end he awaited a trial date.
In July Shawn Phillip was tried for murder after being held in custody on remand since his arrest in 2003. The trial ended in acquittal based upon the recantation of evidence by the original prosecution witnesses.
e. Denial of Fair Public Trial
The constitution provides for an independent judiciary, and the government generally respected judicial independence in practice.
Trial Procedures
The constitution provides for the right to a fair trial, and an independent judiciary generally enforced this right.
Trials can be by jury and are public. In cases involving capital punishment, legal counsel is provided for those who cannot afford a defense attorney. Defendants are entitled to select their own representation, are presumed innocent until proven guilty in court, and have the right of appeal. Defendants have the right to confront or question witnesses and have access to government-held evidence. An attorney can be provided at public expense if needed in cases of serious criminal charges.
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Old 26-12-2012, 10:40   #139
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Re: In Prison in St Lucia

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Originally Posted by Rocketman View Post
How do you know that the guy sitting in jail right now didn't contact the attority's first? These are the little details that make a huge differance to an outcome. From what I have read, the thief/drug dealer dinghied out with some other thief's, who appearently left when a struggle was appearant. The boat owner then was able to protect his property somehow by getting him off the boat,(don't know how) where the thief than swam some distance to shore and gave a statement to someone, (maybe the athority's) then died. If there are more facts that are known please let us know. If anyone should be in jail right now it would be the buddy's who abandoned the thief/drug dealer on the owners boat.
I never said they he didn't. It wasn't mentioned in what I had read, but clearly we don't seem to have the whole story.

I don't know how the courts work there, but clearly they feel there is enough evidence to try him for murder? I would think (just given what little we know) that here in the US, this wouldn't even be prosecuted as they'd look at it, see it as self defense. Not to mention that its not as if he dragged the guy out to his boat and then made him swim in.

What I haven't read at all is what the cause of death was?
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Old 26-12-2012, 10:49   #140
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Re: In Prison in St Lucia

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What I haven't read at all is what the cause of death was?
The coppers probably described the amazing amount of legal crap he was now about to be dragged through, and so the moist man decided to get it over with and just cark it on the spot.
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Old 26-12-2012, 11:26   #141
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Re: In Prison in St Lucia

My main concern is that a fellow cruiser is being imprisioned wrongfully. If you don't think it happens they you are naive. Read the story about the US marine vet, that was thrown in jail in Mexico. Could this be you or me? What would you do if attacked then did everyting right, then were imprisioned wrongfully with little or no resorces? Maybe we can make a differance in this case with an organized responce?
video.foxnews.com/.../marine-veteran-held-in-mexican-prison-return...
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Old 26-12-2012, 11:43   #142
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Re: In Prison in St Lucia

A cruiser on the spot with the local language would be a boon. Anyone there?
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Old 26-12-2012, 11:52   #143
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Re: In Prison in St Lucia

The USA has thousands and thousands of interesting and unique places to cruise.

Why take a chance going to exotic places with exotic laws?
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Old 26-12-2012, 11:55   #144
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Re: In Prison in St Lucia

Five years in prison without even being charged? That's crazy. More details are certainly needed, it concerns me that someone died when in police custody, and they are trying to charge someone who wasn't even present at the time for it. People die in police custody all the time, and trying to cover it up is very common. I think they're looking for a scapegoat here. If so this guy may be screwed, cops will often go to any lengths to cover their tracks and the judiciary is usually happy to help out. Who knows what the case really is based on the little information available, but it sure smells fishy to me...
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Old 26-12-2012, 12:02   #145
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Re: In Prison in St Lucia

A cruiser with a little free time, that was able to talk to the attority's, and the cruiser imprisioned, then report an acurate story would be great.
I can understand that Sommer may not want any press if everything possible is being done. It would be up to him to say what should be done if anything. I just hate the thought of anyone being detained wrongfully. I can not immagine being in his shoes.
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Old 26-12-2012, 12:11   #146
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Re: In Prison in St Lucia

I'm hoping your first sentence is "tongue in cheek" Get real !!
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Old 26-12-2012, 12:14   #147
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Re: In Prison in St Lucia

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Originally Posted by SURV69 View Post
The USA has thousands and thousands of interesting and unique places to cruise.

Why take a chance going to exotic places with exotic laws?
What take a chance crossing the street? Driving a car? Flying on a plane?

Because the odds of something like this happening are very slim. Odds are probably more likely you'll die in an auto accident than get locked up in a prison while awaiting a trial in a foreign country.

And interesting and unique aren't the same as exotic - not to mention different cultures are often more interesting than Americans. Not to mention in many places, far more friendly.
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Old 26-12-2012, 12:16   #148
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Re: In Prison in St Lucia

It sounds like a case of profiling, and napoleonic law. Single young male alien and he's guility unless he can prove he's not, from a jail cell. This will take alot of time and money to resolve.
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Old 26-12-2012, 12:42   #149
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Re: In Prison in St Lucia

The whole story will probably not come out before the trial.
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Old 26-12-2012, 13:00   #150
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Re: In Prison in St Lucia

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Five years in prison without even being charged? That's crazy. More details are certainly needed, it concerns me that someone died when in police custody, and they are trying to charge someone who wasn't even present at the time for it. People die in police custody all the time, and trying to cover it up is very common. I think they're looking for a scapegoat here. If so this guy may be screwed, cops will often go to any lengths to cover their tracks and the judiciary is usually happy to help out. Who knows what the case really is based on the little information available, but it sure smells fishy to me...
Think he has been in jail since May 2012. Cheers
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