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**Roadwarrior** » 2011-06-02 07:31

And so it is that we have heard the side of YD. We have not heard the other side and our judgements appear complete. Was it only for four months that YD was off the job? What does it say in the Labour Code about absenteeism etc?
I am somewhat miffed, but as an employer, should I keep a job for a person who is absent for four months and of course, no guarantee as to when he/she is coming back?
I really think that we need to hear both sides and it is the PS who now needs to share the other side. I would really love to hear the other side, so that my summation can be balanced.

**my way of helping** » 2011-05-30 23:20

Tenman (criminal matter is completely different from civil matter (they may have enough to win in a civil case if he go that route to get his job back i** i am making here)

**tenman** » 2011-05-30 23:07

my way of helping your logic ignores the fact that it was the prosecution who dropped the case stating they had insufficient evidence. I don't know how many times I need to state it, for it to be accepted by you. Whats strange is yesterday you posted "my way of helping » 2011-05-28 03:58
So, the only thing in the charging documents that connected him to the crime was the gun was in his house? there should have been some other connection to have kept him in prison and it seems with high bail.",yet you now argue there was sufficient evidence to charge him." Did you have some revelation today? I really don't see what we are arguing over when its the prosecutors who admitted to insufficient evidence. Anyway its late and I need to go take my position in bed before my wife start putting out vacancy ads

..

**my way of helping** » 2011-05-30 22:58

Tenman the DPP admitted they have insufficient evidence to BRING CRIMINAL CHARGES against him (this admittance is only for the criminal case, it has nothing to do with any CIVIL case which may arise).

If Young Destroyer go to court to get back his job, can he win? perhaps. Can he loose? perhaps. It is about the Preponderance of the evidence. But I am telling you, it is much easier to win in a civil matter than in a criminal matter, so he may walk away in the criminal matter but loose big time in a civil matter against the state for wrongful arrest and prosecution and he may even loose against his employer for unfair firing (illegal firing).

Tenman, it is completely different notions within both courts. I am a better talker, than i am a writer so may be i would have to verbally explain what I am saying to you. The other thing i do not thing that Younger destroyer would take the government to court for releasing him, i believe he is excited to be free, don't you think?

**my way of helping** » 2011-05-30 22:49

@ Tenman nice reply but In criminal cases it is a reasonable doubt (evidence connecting the individual). In civil cases, it is preponderance of the evidence, who presented more compelling evidence.

Do you know tenman, companies can legally fire you because of how often your name is called up in criminal situations (so that their business does not suffer)?

Tenman, remember violating an employees code of conduct is much easier to prove than a criminal offense or a civil breach.

Your case in criminal court may be dismissed, while your case in civil court may win, while your case in your work place may loose. These are two different codes (laws, policies) in question which requires different level of evidence.

Tenman, if he sues for wrongful prosecution, i believe there is a great chance that he can loose (the law assumes you are responsible for your own property and home), so it would not be far fetch to charge him for the weapons that was found in HIS HOME that he LIVES in.

**tenman** » 2011-05-30 21:16

My way.. - The lawyer wrote to the ministry of information. That act should make it clear to you who YD worked for. Try and recall the article stated the ministry stood by its decision. How can you turn the ministry into a separate body from central government?

Are you suggesting that if he sues the government for wrongful prosecution that he could be found guilty? How does that work? I would think the worst he would hear is that he has no case because his dismissal was reasonable. My way.. it was the government who admitted that they had insufficient evidence. In effect they stated they jumped the ball in prosecuting him. How can a court then rule contrary after the government admitted it jumped the gun? Are you suggesting that YD should pay for their mistake? If I rent a room out to a tenant and the police one day find a weapon in this room, would you suggest that without anything linking me to the gun that the police should charge me?

..

**my way of helping** » 2011-05-30 20:51

If he goes to court to get back his job (will he be having a criminal matter or a civil matter?). explaining is so hard here. Is there a board that runs ABS Radio or is it run directly by the Government? Again, this business (use what ever term you like, corporation, entity) is in own by the government but has its own identity (thereby allowing it to hire and fire on legitimate grounds).

Civil liability means his actions breach civil code (employers code of conduct etcetera, this is not criminal, so you can't charge him for a crime but you could fire him, legally). Example for you TENMAN, OJ SIMPSON, he was not guilty but was responsible civilly.

Back to the question for discussion sake, the charges were dismissed (which means if new evidence is obtained they can be new charges laid and a trial) but the evidence they have now, is it heavy (the preponderance) of it is enough to LEGALLY FIRE this made for breach of his Employer's code of conduct?

Tenman, please answer that question and know you can not argue to get back your job in a criminal case but it is a civil matter.

**tenman** » 2011-05-30 18:52

my way of helping he was working for ABS. ABS is not a statutory corp and happens to be part of central government. Persons for years including this government have suggested that government let go of this entity but it has refused.

my way of helping, there was no trail. The case was dismissed. As far as civil liability, I am not sure where you are going with that argument since I have seen no indication that this is a civil matter.

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**Dig It** » 2011-05-30 18:28

I understand YD's need to get his job back, mainly, because he five children and need some other source of income, besides, calypso. Some would say that he should have think about his children when the guns and ammunition were found on his property. And, I believe the weapons found on his property played a key part in the Ministry's decision (not sure if he was given previous warnings for his legal troubles by ABS). Yet, the question here is was YD's termination by the state legal? Despite how we feel about the case, he was "cleared" of all charges against him! If he was found guilty of misconduct, I am sure most of us would be singing a different tune. At this point, perhaps the real "revival" for YD should be finding another job, as he seek the next course of action against the state! Calypso will always be there!

**my way of helping** » 2011-05-30 17:19

Tenman, the government is divided into various parts (with government own corporation, and the government itself) he was working for a government corporation (or what ever entity, you would call the radio station) it should be in away independent from the central governing and government (only own by the government). So, him being arrested and charge with a crime have nothing at all to do with the radio station (we must understand the applicability of law)

The other thing, when you are cleared of a crime, it does not mean you are cleared of any Civil liability (social, moral, employee code of conduct). Criminal and civil are as different as the central government and government owned companies (corporations).

Back to the question (for education sake) is there a preponderance of the evidence that he is civilly liable and violated and employee code of conduct (especially being it is a Radio station, a lot of contact with the people and children which would increase his likelihood of bringing negative feelings towards the entity(radio station)?

**tenman** » 2011-05-30 14:38

Logic though there might be noise, if you say nothing (stay quiet), no one will hear you

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**tenman** » 2011-05-30 14:21

The man is innocent. The prosecution admitted they had no case against him. The daily Observer reports: "After Benjamin closed his arguments, the prosecution merely conceded and withdrew the case." As far as his job is concerned, if he had worked for the private sector, then it can be argued that it was reasonable to dismiss him, especially since he was away from the job for over 4 months and no one knew when and if he would return. However as pointed, out by logic, he worked for the government the same entity at the end of the day that admittedly held him without sufficient evidence. He has to be compensated.

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**SHOOTER** » 2011-05-30 13:50

y u idiots hate so much were u there u got off they didnot have acase against the man eat your hearts out.

**Logic** » 2011-05-30 12:50

When it is your employer that imprisoned you, then that employer is more obliged to keep you in their employ "after all that went down" and you are acquitted. He worked for the state and it is the same state that imprisoned him so it's a different situation.

He got off scotts free because he is a folk hero eh? So how did that one go? Who all are you saying are in on it? The police? The magistrate? The prosecutors. This is actually the reason why the prosecutors and police went ahead after two guilty pleas and tried him on no evidence, for naysaying idiots who would have thought like this. Seems they underestimated the level of ignorance in any event.

Now I remember why I stopped commenting on here years ago; talking to myopic people is really not a worthwhile use of my resources. My mistake.

**Beauty** » 2011-05-30 11:34

Does Antigua owe this young man something?

Old People just say take time walk fast.

**Marco Polo** » 2011-05-30 11:17

I don't have to part company with my common sense because the justice system did not deliver "justice." Keep up the drum beat My Way... this person got off scott free because he is, in some quarters, a folk hero of sorts.... The justice system, again, failed.

**Observant!!** » 2011-05-30 09:09

Young Destroyer believes society is indebted to him.
What organization that has you as an employee will keep you in their employ after all that went down, and his subsequent arrest?

He has been given chances after chances after chances. My take on it, Young Destroyer it's time someone else be given a chance!!

**Logic** » 2011-05-30 09:07

To both Skyewill and my way of helping. Maybe this will assist. Young Destroyer WAS cleared of the charges. The prosecution did NOT drop the charges; you will notice that even though the other two persons pleaded guilty the police still proceed to try YD alone for the offences. After the prosecution put forward all its witnesses, the court AGREED that there was not any evidence on which he could be convicted!

Morally and socially liable how? And how can the above circumstances violate the employee code of conduct when he in fact did nothing wrong as found by the court?

I would like one day for some guest in your house to without your knowledge bring in illegal items and see if you sing the same tune then! It is possible and they pleaded guilty because they knew it was their stuff.

Antigua has in far too many id*ots and it sickens me how people are never allowed to turn a new leaf in this country.

**skyewill** » 2011-05-30 05:04

He was NOT cleared of any involvement in a case involving arms and ammunition the case was dropped for want of prosecution. The guns where found at his house by the police and no person in their right mind would simply believe he did not know anything about it. He got lucky in a legal system that **. First the Government failed by not giving him a speedy trial which could have been the plan in the first place and if they can’t prove his guilt they should give him his job back. For lack of process the government and its legal system cause more problems then they solve. How can you motivate your police to do a good job when based on technicalities people walk? Destroyer should sue them for false imprisonment.

**my way of helping** » 2011-05-30 04:49

1)What was his at the radio station?
2) He may not be legally (criminally) responsible as I stated on the earlier article about him, but is he socially and morally liable (violated the code of conduct as an employee of the radio station) which would allow the radio station to legally fire him?
3) Was he cleared by the court or the charges were dismissed because no case was presented?
4) Mr. Jacob said he wants to see younger people involve in calypso but is he really doing things to encourage the youths to follows his foot steps?
5) Why on earth did he had such people in his home?
6) Why on earth did they have so many weapons (what was the plan)?
7)Where did they get the weapons or how did they get it in the country?

Did Mr. Jacob honestly did not know these weapons exist in his home, really?
9) Who are those people in his home who pleaded guilty?
10) Will someone answer these questions for me and any other which may be important for us the public to know?

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