KEVIN HORSTWOOD - St. Kitts Tried To Kill Me

KEVINHORSTWOOD

THIS IS HIS

FULL ACCOUNT

BACKGROUND 2000 to 2004

1. In the year 2000, I decided to move to the Caribbean from the UK, because my then intended wife, Zai, was from the Caribbean, living in St Lucia, and did not wish to move to the UK.

2. Knowing St Lucia quite well, I knew that I did not wish to live there, and so over a period of the following four years, my wife to be, and I, examined all of the other viable islands, whereto I could move my business.

3. St Kitts and Nevis was assessed as the best out of all the islands at that time, in our eyes, because of several aspects, including good and improving airlift, reasonable roads and infrastructure, a plentiful fresh water supply, modest population density, beautiful and verdant topography, a respected historic past, some remaining traditional architecture, a largely friendly populace, and reasonable opportunities to undertake business.

4. We found that no other island could collectively surpass St Kitts and Nevis, on all the above objective points, and that there were other subjective reasons, why two English speaking professional people, looking to relocate together, would choose St Kitts and Nevis.

5. The two things that we were not able to establish from our initial objective due diligence were, number one, the dishonesty, and ineptitude of the Royal St Kitts and Nevis Police Force (hereinafter “RSKNPF”) and number two, we initially failed to look deeply enough into the legal fraternity to discover that there are no client safety nets on St Kitts and Nevis, such as mandatory professional indemnity insurance, for law firms, which would cover theft of Client Trust Account funds, by a lawyer. Moreover, we failed to discover initially that there is no independent professional governing body, such as the independent, and governing bodies, called Law Societies, in other countries such as Britain, America and Canada. We wrongly assumed that there would already be both of these basic proprietary safety nets, in St Kitts. This basic incorrect presumption was to have a gravely detrimental consequence.

6. We also failed to understand that, notwithstanding being a British Commonwealth country (one of the subjective reasons for our choice) St Kitts and Nevis, in fact, has no similar statutory accountability, or seminal moral codes of conduct, in terms of Human Rights and dignity, such as in Britain and other British Commonwealth countries, as for instance, in Canada, Australia and New Zealand.

7. It was only in 2012 that I learned, that ‘The British Commonwealth’ is nothing more than a voluntary club of former UK colonies. In fact, the Title “British Commonwealth Nation”, means absolutely nothing. It can even be deceiving to an unsuspecting person. An ordinary person could easily be mislead by the use of this title, by an unscrupulous dictator of an independent country, which was, in fact, not nearly in line with the aforesaid members above, and was simply using the title as a cloak of respectability, in terms of Human Rights and dignity, when in fact there is no statutory or seminal moral code, in place, to protect residents, or foreign nationals, in that country.

8. This account will evidence such an instant, in distressing terms. The title “British Commonwealth” is a misnomer, and can be very detrimentally misleading to residents from overseas, when used by a country at odds with the accepted standards of European, American, Canadian, and Australasian born nationals. I was misled by this title.

9. The fact is that St Kitts and Nevis has enough to recommend it without need to mislead foreign national residents by joining such a “voluntary club” of countries, but then not having a similar statuary or operational ‘code of conduct’ on Human Rights and affording moral decency for its residents. Adopting such a title as ‘British Commonwealth’ whilst knowingly being at odds with an ordinary foreign national’s established interpretation of such a title, is simply dishonest and morally reprehensible.

10. The word “reprehensible” was one of the words used by High Court judge Madam Justice Marlene Carter, after a new public prosecutor, appointed by a newly installed government, DPP Gossai (Ag) stated in Court, on 2nd November, 2015 that there had been Crown misconduct and police misconduct in their prosecution of me.

11. I was then immediately released by Justice Carter, having been incarcerated on a ‘trumped up’ charge for almost four years without trial, and there had been, not one thing that the British Foreign Office could do, except raise the matter diplomatically. The ruling Prime Minister of St Kitts and Nevis at the time, knew my plight, only too well, and chose to ignore the representations of the British Foreign Office, evidently because his friends were wanting to use my incarceration to their benefit and to take my business and properties, which represented my life’s accrual.

12. The British Foreign Office detailed to me after my false arrest in 2011, the fact that St Kitts and Nevis is a totally independent nation (which I knew) and explained that the status of ‘British Commonwealth nation’ is only membership of a voluntary club who have no accountability what-so-ever to any British standards in terms of Human Rights and moral decency. This I certainly did not know, and most ordinary people don’t know either.

13. I say again, that the prevailing juxtaposition of British Commonwealth membership by St Kitts and Nevis, next to countries such as Britain, Canada, Australia and New Zealand, is deceiving and reprehensible. Honesty prescribes that one must either match the associated moral standards, or ditch the use of such a leading title.

INVESTMENT AND COMMITMENT, 2004, to 2011.

14. In 2004 having completed four years of periodic due diligence, involving dozens of islands in the Caribbean, my intended wife and I selected St Kitts and Nevis as the best island to relocate to. I decided to sell my residential properties in UK and to work towards closing my three businesses and two factories there. I duly applied for the appropriate Alien landholding licences to hold property in St Kitts.

15. I was 45 years old in 2004, being born in 1959. Part of the requisite procedure in applying for Alien Landholding licences, is to submit documents from the British Police certifying that I had never committed a crime in my whole life. Documents were duly forthcoming from the British authorities to evidence this fact. They were submitted by my St Kitts lawyer at that time Mr Anthony Gonzalves, to the government with my Application for Alien Landholding Licences.

16. Upon receiving confirmation of my approval by the St Kitts government for the appropriate Alien Landholding Licences, and also a Licence to be a Director and shareholder of a property owning company in St Kitts, Mr Gonzalves’ firm opened a local company for me, which I called Exclusive Retreats Limited, (hereinafter referred to as “ERL”). As Director of ERL I invested my funds from UK to purchase Rawlins Plantation Inn on 5.3474 acres of land at Mount Pleasant, near Dieppe Bay in St Kitts, from the then owners, Clare and Paul Rawson.

17. I invested $930A,000 US dollars as a 50% down payment for the said property and was granted a 50% commercial mortgage by FCIB bank for the other 50% of the purchase price, being a further $930,000 US dollars.

18. The property was purchased as a home for my wife to be, and I, and also as our livelihood, trading as an Inn with nine plantation cottages for guest accommodation, and a restaurant. CLICK TO VIEW photographs taken of the property at that time.

19. My purchase of Rawlins Plantation Inn was completed on 5th February 2005, and I operated it, and resided there, from that date.

20. I made a further investment in the following year 2006. I was awarded further Alien Landholding Licences to purchase land contiguous with Rawlins Plantation Inn, and the law firm of Mr Gonzalves opened a further company for me, which I called Caribbean Building System [St Kitts] Limited, (hereinafter referred to as “CBS”). As Director of CBS I invested USD $499,256 of my funds from UK to purchase two parcels of land contiguous with Rawlins Plantation Inn, from the same vendors.

21. The two parcels of land were purchased to build additional Plantation Cottages so as to allow the accommodation part of the business to grow to a more viable level, and in order to undertake weddings and larger functions.

22. I was previously trained in architecture in UK and so I was able to design a very sympathetic new Plantation Cottage product with up-to-date amenities for guests staying at the Inn. I duly applied for planning permission for this type of building on the aforesaid two parcels of land. I was awarded full development approval by the government planning department, in accordance with my building drawings submitted.

23. The approval awarded by the government planning department, was for ten Plantation Cottages on the 2.33 acre parcel, and twenty Plantation Cottages on the 4.524 acre parcel. CLICK TO VIEW my drawings for the Plantation Cottage product, and also the layout of building Lots approved.

24. I proceeded to build two of these cottages in 2006, one called Sugarcane Cottage and one called Mango Cottage, in accordance with the approval awarded. The structures for these buildings were pre-made in my factories in UK complete with the latest up to date internal systems, services and quality joinery. CLICK TO VIEW photographs of this bespoke Plantation Cottage product.

25. Having worked hard to achieve a better accommodation product for my Plantation Inn business, I duly applied for ‘Citizenship by Economic Investment’ status for my project, as a means to sell and lease back Plantation Cottages for use as accommodation by the Inn.

26. I was in due course awarded ‘Citizenship by Economic Investment’ status for my project by the government. A page from the government website showed Rawlins Plantation Inn, as an approved project for Citizenship by Economic Investment, and I then placed an advertisement in the annual St Kitts and Nevis Visitor magazine, offering the Plantation Cottage product for sale at Rawlins Plantation. CLICK TO VIEW the page from the government website.

27. I was by this point content with the way in which my business in St Kitts was heading and happy with my life in St Kitts, and so in 2007, I issued instructions to close my three businesses and two factories, in UK. This winding down process went on through 2008. These last months of work for my staff in UK, were to complete production of two more identical pre-made, Plantation Cottage structures, and send them to St Kitts, packed in 40ft containers, together with various materials and tools. My staff then emptied my factories in my absence, completing the process by the end of 2008. The containers arrived at the port in Basseterre on the 4th April 2009. In 2012 these containers and their contents were confiscated and sold by the government during my incarceration.

28. My intended wife Zai, had a son in St Lucia from her previous marriage. In 2007, her son’s girlfriend gave birth to his son. My wife to be, now a grandma, flew back to St Lucia to visit her grandson.

29. Sadly, by the end of 2007, after spending time with her grandson, grandma decided that she wished to move back to St Lucia, “to see him grow up”. Although she tried to persuade me to sell up and move to St Lucia, I submitted that we had jointly, made a careful, correct, and focussed decision that St Kitts was the best island, and I suggested that her son, his partner and the new grandson, should all come to live with us at Rawlins Plantation, in St Kitts. Her son declined. My intended wife and I, separated, I stayed, and she moved back to St Lucia.

30. I redoubled my focus on my business in St Kitts and subsequently after working hard, up until December 2011, the bank’s own record shows that during those six years of operation I made repayments to FCIB, on the mortgage loan against Rawlins Plantation Inn, of $707,590 US dollars.

31. At this same time, my staff and I improved the buildings and landscaping at Rawlins Plantation. CLICK TO VIEW photographs taken during 2011, showing the pristine condition of the property at that time.

32. Around the middle of 2011, FCIB instructed that an appraisal be made, on their behalf, by BCQS International, of Barbados. This appraisal showed that the property had increased in value by $1.5 million US dollars, during my tenure, up to that date. I received a copy of the appraisal by e-mail from BCQS on 4th November 2011. CLICK TO VIEW the cover e-mail and the said appraisal by BCQS International.

33. During 2007, as a way to grow the business to a broader basis, I decided to purchase The Golden Lemon Inn & Villas, and Caines Estate, which is a beachfront property, and is only one mile away from Rawlins Plantation Inn. I considered that it would make a perfect twin venue arrangement for guests at both properties, one property being on the beach, and one being at a higher and cooler elevation close to the rainforest.

34. I signed a purchase contract for the Golden Lemon properties with the then owner, Arthur Leaman, and paid a 10% deposit from my UK funds. CLICK TO VIEW photographs of the property, Golden Lemon Inn & Villas, and Caines estate, taken at that time.

35. Whilst the formalities of the purchase were progressing, I drafted and submitted my designs for a tasteful redevelopment of the Caines Estate Yard, to the government planning department, which were warmly received. CLICK TO VIEW my designs and also my concept for the joint operation of both Plantation Inn properties as one combined business.

THE BEGINNING OF THE NIGHTMARE, 2007.

36. Sadly for me, in 2007, the law firm of Mr Gonzalves’ was not able to act for me in the purchase of the Golden Lemon Inn & Villas, and Caines Estate, as they had, when I previously purchased Rawlins Plantation, and so I had to look for a suitable alternative. The firm of, Vernon S Veira & Associates, was recommended to me by a customer at Rawlins Plantation Inn, one Dr Denzil Douglas (the then Prime Minister).

37. I followed Mr Douglas’ recommendation and retained the law firm of Vernon S Veira & Associates for my purchase of the Golden Lemon Inn & Villas, and Caines Estate. Other factors influencing my retention decision were the fact that Vernon Veira was, at that time, the head of the Bar’ Association of St Kitts, and also, the fact that I learned from an Ambassador, one Wendel Lawrence (another customer of Rawlins Plantation Inn) that Vernon Veira was an Associate of Henley & Partners, the property investment specialists in Switzerland.

38. I later saw, through e-mails, that Vernon Veira operated with property clients under the auspices of the e-mail address: vernon.veira@henleyglobal.com. Vernon Veira did not disclose to me, his client, that he had no Professional Indemnity insurance. Such insurance is deemed mandatory for lawyers to practice, in most countries, including Switzerland, UK, America and Canada, and I presumed that it was the same in St Kitts, especially for Veira, given his status and affiliations.

39. I had no idea, and no lawyer ever declared to me, that in fact, there was not even an independent governing body in St Kitts, for law firms, such as the Law Society, that governs law firms in UK, and similar such Societies which govern law firms in most other countries. I had no idea at the time that, in fact, there is no Independent regulatory and governing body in St Kitts, which mandates, any client safety net what-so-ever, to protect clients from theft by lawyers. Professional Indemnity insurers would require the regulation of sums held in Client Trust Accounts by law firms, in St Kitts, and outlaw the co-mingling or covert use of such funds. This ongoing lack of accountability and independent governance, of law firms in St Kitts, led to a nightmare for me.

40. Vernon Veira directed that funds being assembled for my purchase of the Golden Lemon and Caines Estate, should be put in his Client Trust Account ready for the closure of the purchase of the properties. However, after funds had been put in place with him, by me and by other investors, he kept finding spurious reasons to delay the completion of the purchase, and refused multitudinous requests, for him to set a completion date. This caused much stress and angst for the vendor, my pre-sales investors, and myself. The e-mail record shows that in spite of an e-mail of acknowledgement by Vernon Veira on the 21st of May 2008, that everything was agreed with the vendor, and we were ready to complete the sale, it was not then until the 25th of March 2009, when Mr Veira issued a completion statement, and named 2.00 pm on the 1st of April, 2009, as the closing date and time. CLICK TO VIEW e-mails which speak to the above.

41. During this year of frustration, it became clear that there was no governing body to seek any relief from, only a ‘club of peers’, the St Kitts Bar’ Association, of which Veira was the head. After many spurious excuses from Veira, for not setting a closing date, the e-mail record shows that I wrote on the 15th of June 2008, to the Prime Minister, who had in fact, recommended to me that I retain Mr Veira as a lawyer. I pointed out to the Prime Minister my concern that I may yet lose the sale, because of Mr Veira’s tardiness. The PM replied, suggesting and arranging, a meeting with the Attorney General, which I attended. However, still no date from Veira was forthcoming. CLICK TO VIEW copies of e-mails with respect to this plea to the government.

42. During this year long prevarication and procrastination by Vernon Veira, it became clear that the vendor was, in effect, bankrupt. He could not meet monthly payroll, or bills. I was persuaded by Mr Leaman to advance to him, additional monies over and above my 10% purchase deposit, by way of part completion amounts, so that Mr Leaman could pay his creditors and staff bills. These amounts were, signed for by Mr Leaman, reducing the balance to be paid at final completion. CLICK TO VIEW e-mails from Mr Leaman requesting such payments.

43. The Completion Statement, finally issued by Vernon Veira, on the 25th of March 2009, shows that by that date, my payments to Arthur Leaman in terms of deposit and part completion monies, (through his lawyers, Seaton & Foreman), had reached $1,077,305.84 US dollars.

44. The said Completion Statement also shows the figure of $3,050,000 US dollars, of CBS pre-sales, which Mr Veira’s law firm were holding for the closing, in their Client Trust Account. I had worked ineffably hard to assemble those funds.

45. At 2.00 pm, on the 1st of April 2009, I duly attended the law chambers of Seaton & Foreman, as prescribed by Mr Veira, for the closing. Mr Seaton and the vendor were present. Mr Veira was due to arrive with a cheque for the $3,050,000 US dollars, in his Client Trust Account. He did not show up. Everyone tried very hard to contact him, at his office, and on his cell. He was not forthcoming. We adjourned the closing at 4.00 pm.

THE NIGHTMARE GETS MUCH WORSE, 2nd April 2009.

46. The next day, 2nd April 2009, I received a telephone call from an American whom I had never previously known. He introduced himself as Paul Bilzerian, “a friend of Vernon Veira’s”. He said that Veira had misappropriated all the money in his firm’s Client Trust Account, which Bilzerian estimated, at that time, to be to be around six and a half million US dollars. This was a horrific revelation for me.

47. Paul Bilzerian claimed that he was President of “International Investors Group Inc”. He told me not to worry because his firm would refinance Veira, so that Veria could pay his creditors. Bilzerian pleaded that I should give him a chance to do this, and asked me not to call the police or to take legal action against Veira, because then he would not be in a position to refinance Veira. CLICK TO VIEW an e-mail exchange on that day in which Bilzerian portrays himself as “President of International Investors Group Inc”.

48. The theft of $3,050,000 US dollars of CBS pre-sales by Vernon Veira, from his firm’s Client Trust Account, was a major catastrophe to my business.

49. However, my commitment to St Kitts in 2009 was such that I immediately looked for an alternative way to complete the purchase of The Golden Lemon Inn and Caines properties. There was much pressure because, FCIB who had heard of the theft by Veira, of all the funds in his Client Trust Account, were actively moving to seize the Golden Lemon property and to sell it, to recover their alleged debt of $3,919,255.20 US dollars, due from Arthur Leaman.

50. It had become clear to me during the previous year spent trying to close the property purchase, and illustrated by the many desperate appeals of Arthur Leaman for cash, that Arthur had been broke for a very long time, and that he had in fact, not paid his monthly mortgage payments to FCIB, for many years. I wondered why FCIB had not seized the property and sold it years ago.

51. As part of my diligence and commitment in looking for a way to resolve the mess created by Veira, I visited the Company Registry of St Kitts, to examine the records of Mr Leaman’s company. I looked right back in the record to, 8th July, 1997, when the mortgage loan to FCIB was set up. What I discovered was the answer to my own puzzlement, as to why FCIB had not previously foreclosed on Arthur Leaman.

52. It was clear from the company record, that the loan issued by the bank (then called Barclays Bank) was done under circumstances which call into serious question the tenure of the bank on the property. FCIB inherited the loan when they took over the business of Barclays Bank and, given that the record shows alarming irregularities, then that would be sufficient reason for FCIB, to let Mr Leaman sell the property, rather than for FCIB to attempt Court action to recover their alleged debt, on what is, in fact, an improper loan. Subsequently, after a way forward was agreed on the purchase of Mr Leaman’s property, both he and his partner Martin Kriener, gave me signed testament as to what happened in 1997 in this respect.

53. During my search at the Company Registry in 2009, I also discovered that, in fact, Mr Leaman was not the sole owner of the property, and that I had been misled by Mr Leaman’s lawyer, when I signed the purchase agreement.

54. I duly tabled all the facts that I had discovered, to Mr Leaman’s lawyer, that same day. I requested that a meeting, (which would include the other owner of the Golden Lemon property), be set for 9.00 am the next morning. This was promptly agreed to, by Mr Leaman’s lawyer.

55. At that meeting, the next morning, I politely pointed out to Mr Leaman, his lawyer, and the other owner of the property, (the bank’s lawyer!!) that with all the money that I had given in deposit and part closure payments, that my investment in the property was much greater than the remaining equity of Arthur Leaman, and if the bank were to take the property and sell it then I would lose more than him.

56. I offered to buy the Equity of Redemption from Arthur Leaman and to take on the matter of the alleged debt owed to FCIB bank, for which they were threatening foreclosure. I was intending to oppose any foreclosure by the bank, because of the malpractice which had taken place at the inception of the loan by Barclays.

57. It was agreed via Arthur Leaman’s lawyer, a partner in Seaton & Foreman (Mrs Foreman) that, seeing as her client, Arthur Leaman, had taken for himself most of the $1,077,305.84 US dollars, that I had paid up until that date, then his further receipt should be another $350,000 US dollars from me for the balance of his equity, together with an undertaking that my company, would take on the alleged debt of $3,919,255.20 US dollars owed to FCIB bank, and that in return, my company would then be the sole equity holders.

58. The part owner of Golden Lemon now spotlighted, passed his shares to Arthur Leaman CLICK TO VIEW the confirmatory email from Seaton & Foreman. The contract documents for the new arrangement were then duly drafted, and so I had to find the funds to buy this remaining equity of Arthur Leaman, for a further $350,000 US dollars.

59. At this point in 2009, Paul Bilzerian, got to hear that I had cut a deal with Seaton & Foreman. He sent me an e-mail assuring me of a loan from International Investments for the figure of $350,000 US dollars.

60. At this time, I was not yet aware of the track record of Paul Bilzerian. I still believed then, as Paul Bilzerian had told me, that he was President of a finance company, and was going to finance Vernon Veira to replace the money stolen by him from his clients. I thought that the loan offer from International investments was genuine. So, I proceeded to sign the deal agreed with Seaton & Foreman to complete my purchase of the Golden Lemon property. CLICK TO VIEW photographs of the signing of the deal.

61. On the 7th of December 2009, I received a formal loan offer arranged by Bilzerian from International Investments Ltd. I was horrified at the terms of the loan offer, which was unlike anything that I had ever seen before. Bilzerian claimed that they were standard terms and conditions required by his organization, and that they had to stay, but that he would be flexible and, of course, would never invoke the foreclosure terms on his “new friend Kevin”.

62. In my position, under pressure and reeling from the shock and stress caused by the conduct of Veira stealing over USD $3 million, with those false promises from Paul Bilzerian, and without the knowledge that I have now, regarding the character and criminal record of Bilzerian, I was taken in. The offering was configured and represented by Bilzerian to be the lesser option of two evils: either I signed a draconian loan, or I would be in breach of the agreement that I had signed with Seaton & Foreman, on the basis of Bilzerian’s assurance of funding, and then ultimately lose the property to the bank after having paid Leaman over USD $1 million as deposit. There was, in reality, no real solution and no practical choice at all.

63. On the 8th of December 2009, I received an e-mail from Mrs Foreman pressing me to complete the agreement that I had signed. On the same day, I received an e-mail from Bilzerian stating that “in anticipation of an imminent closing on your loan to acquire the Golden Lemon property, International Investments has wired USD $350,000 to an affiliate account at St Kitts National Bank. You should be in a position to close the loan tomorrow providing all the documentation is in order. Best regards, Paul Bilzerian, President, International Investors Group, Inc.”. He copied his e-mail to Seaton & Foreman, leading them to believe that the loan was a’fait accompli’

64. I felt that I was under severe duress. I did not sign the loan document with International Investments immediately, but as time passed the pressure upon me grew. Besides the avaricious lender, I felt under pressure from Seaton & Foreman, and from the vendor. There was also the specter of seizure of the Golden Lemon property by the Bank which loomed large.

65. On the 11th of January 2010, Bilzerian wrote an e-mail to me, stating that “We are now well past any initial thirty day commitment so International Investments is going to have to add a 10% commitment fee and give a fifteen day limit on closing”.

66. International Investments’ requirement of a “loan commitment” fee of 10% (USD $35,000) for my delay in signing and the threat of pulling out all together in 15 days, on top of all the other pressures, was the final straw. There was no practical choice. It was a choice between two evils.

67. Relying on false promises from Bilzerian that he would “never foreclose on his new friend Kevin”, I signed the International Investments loan documents on the 18th of January 2010, with their “standard terms and conditions” of lending, which included pre-signed stock pledge, power of attorney and promissory notes, together with the holding of my company’s share certificate and signed board minutes, as collateral by International Investments.

68. Bilzerian dictated that the USD $350,000 should be paid directly to Seaton & Foreman from International Investments, not via me or my company CBS. Bilzerian then had a bank draft drawn, payable to Seaton & Foreman and directed that the said bank draft be held by the St Kitts lawyer, John Cato, and be handed to Seaton & Foreman on Bilzerian’s instruction only.

69. At this precise point in January 2010, Bilzerian demanded that I sign a set of replacement loan documents, all similar to the previous ones that I had signed with International Investments, but which showed his son Adam Bilzerian as the lender, rather than International Investments. Bilzerian made light of the “switch” of lenders, he said it was of no consequence. I realize now that I had been caught in a “Sting” type situation.

70. Bilzerian had preyed on my vulnerability and manipulated the situation to arrive at a set of documents naming his son as the lender and keeping all of the onerous “standard lending terms and conditions” of International Investments, which of course he refused to change.

71. My company CBS was committed to complete the contract that it had made with Seaton & Foreman. The funds were in the hands of Bilzerian’s lawyer awaiting the new closing, and Bilzerian acting as International Investments had the share document and stock pledge of my company in his possession. I felt that I had no option but to sign the new documents, or my company would be in breach of contract with the vendor, and Bilzerian would still have my collateral. So, on the 21st of January 2010, I signed Bilzerian’s new document, which he had back dated, to match the date when I signed the deal with International Investments. This document naming Adam Bilzerian as the lender is now the subject of a Court claim being driven by Paul Bilzerian, and defended by me.

72. I was informed several months later by lawyers looking into this matter that the provenance of the funds that were brought into St Kitts by Bilzerian and given to Seaton & Foreman in this matter was not sound. I am informed that these funds rightfully belong to Carpathian Resources Limited PLC, and not Paul or Adam Bilzerian.

73. I was subsequently questioned by RSKNPF whilst incarcerated, in respect of this money which Bilzerian brought into the Federation. RSKNPF purported that the questions were at the request of the IRS of America who were looking into these monies brought into the Federation by Paul Bilzerian. I willingly gave details, but these details were not passed on to the IRS.

74. On the 22nd of January 2010, in consideration of my previous payments on behalf of CBS of USD $1,077,305.84 to the vendor, Leaman; my undertaking to indemnify his alleged debt of USD $3,919,255.20 owed to FCIB; and the bank draft in the amount of USD $350,000 payable to Seaton & Foreman, released by John Cato on Bilzerian’s instructions, the sale of shares in LGC to CBS and the equity in Golden Lemon, was completed.

75. From the 1st of March 2010 onwards, the two Plantation Inns (Rawlins Plantation Inn, and The Golden Lemon Inn) operated together as a twin hotel business with a combined staff. The business model worked well and my business in St Kitts continued to grow.

76. In March 2010, shortly after receiving vacant possession of The Golden Lemon property on behalf of CBS, I took urgent steps to deal with the alleged debt to FCIB bank of $3,919,255.20 US dollars. I arranged a ‘high level’ meeting with the bank and flew to Barbados with legal counsel to negotiate with senior management of the bank.

77. In Barbados, FCIB viewed the acquisition documents and accepted that CBS was now the owner of LGC and the equity of redemption in The Golden Lemon Inn. I submitted to the bank that their tenure in the property was not sound.

78. Although the bank did not admit anything, they very readily accepted a new much lower debt quantum of $2,000,000 US dollars, and this figure included existing borrowings of $499,259 US dollars, by CBS, from FCIB, on the land contiguous with Rawlins Plantation Inn. Clearly no bank with such enormous security as the three Golden Lemon property Titles and the land Title at Rawlins Plantation would give away $2,499,259 US dollars unless they were in the wrong.

79. A new contract was subsequently signed by me, on behalf of CBS and LGC, and by FCIB, on 17th September 2010.

SUMMARY OF INVESTMENT AND COMMITMENT, up to 2010.

80. The above financial details and evidence in this account, in respect of my investment in St Kitts, together with the stress and trauma that I went through in the first six years of business here, coping with theft by an unregulated law firm, and predation by a fugitive loan shark / money launderer, at liberty, and at large, on the island of St Kitts, show my significant commitment to St Kitts. Undoubtedly a less committed person suffering these abuses, would have left the island, and gone to a more statutory controlled country.

81. I summarize my investment and commitment as follows:

$930,000 US dollars invested purchasing Rawlins Plantation Inn.

$930,000 US dollars commitment to FCIB, for the balance of the purchase price of Rawlins Plantation Inn.

$707,590 US dollars in repayments made to FCIB towards the loan of $930,000 US dollars on Rawlins Plantation Inn.

$499,259 US dollars invested in the purchase of land contiguous with Rawlins Plantation Inn at Rawlins Plantation.

$499,259 US dollars commitment to FCIB, for the purchase of land contiguous with Rawlins Plantation Inn at Rawlins Plantation.

$1,077,305.84 US dollars, invested in the purchase of the Golden Lemon Inn & Villas and Caines Estate, at Dieppe Bay.

$3,050,000 US dollars of pre-sale funds assembled and then stolen by Vernon Veira, from his Client Trust Account.

$350,000 US dollars commitment to International Investments towards the purchase of The Golden Lemon Inn & Villas, and Caines Estate.

$200,000 US dollars invested in The Golden Lemon Inn & Villas, and Caines Estate, paid to FCIB as 10% of the agreed final quantum of two million US dollars owed to FCIB in respect of their previous loan to LGC, secured by the Golden Lemon properties, and land at Rawlins Plantation.

$1,800,000 remaining commitment to FCIB in respect of The Golden Lemon Inn & Villas, and Caines Estate.

Total of financial Investment : $3,414,154.84 US dollars.

Total of additional financial commitment : $3,579,259 US dollars.

Pre-sale funds stolen by Vernon Veira : $3,050,000 US dollars.

COVETOUS PEOPLE AND WANTON AGENDAS, 2010.

82. By this point in 2010 I had invested all of my finances in St Kitts. It soon became evident that certain people coveted the various properties that I had purchased and as will be seen in this account, were prepared to use agents of the state to deprive me of it.

83. Having used all of my existing funds, I sought sales for some of the Lemon Grove Villa properties adjacent to the Golden Lemon Inn, which formed part of the Lemon Grove Company’s property, so that the loan contrived by Paul Bilzerian could be discharged in the allotted time, together with the balance of the agreed quantum to FCIB bank.

84. I was in no doubt by this time that I had been scammed by Paul Bilzerian, but I felt that the best thing to do was to repay the $350,000 US dollar loan and be done with him. At that time, I had no idea that the funds that Bilzerian had brought into St Kitts, were being laundered, or I would have gone to the police.

85. It was understandably therefore, most perturbing to me, having already experienced personally, the deceit of Bilzerian, to witness his subsequent attempts in 2010 and into 2011 to worm his way into meetings with senior members of the St Kitts government. He made advances to the then Prime Minister in respect of becoming an ‘agent’ for the Citizenship by Economic Investment Programme. Alarmingly, he was invited onto a government ‘think tank’ and then he sent a proposal to the government, which he said would improve the programme. He was ultimately given a license by the then P.M. to sell the Citizenship by Economic Investment Scheme with attendant St Kitts passport. As a Government agent Paul Bilzerian was now in the position he desired.

86. I had also earlier been approached by Belmont Estates Ltd (a.k.a. Kittitian Hill), another seller of the Citizenship scheme, and a development in which the Government owned significant interest, about acquiring the Golden Lemon property. Initially, during 2011, I was being “prompted” by Dr Douglas, just to sell some land at the Golden Lemon property to his “friend” Mr Kempadoo at Kittitian Hill for a “Beach Club”.

87. However, the reality was that his friend, Mr Kempadoo, had already made an approach to me, on the 11th of January 2011. Then on the 12th of January 2011, Mr Kempadoo sent an e-mail refusing my courteous offer to sell him a parcel of beachfront land for his purposes. Mr Kempadoo stated in his e-mail that he wanted all of the property. CLICK TO VIEW the said e-mail of the 12th of January 2011.

88. So, I had to then politely explain to the Prime Minister, Mr Douglas, when he next mentioned it, that his friend did not, “just want a few acres to build a beach club”, but in fact wanted the whole of the property. I explained further that my business operation needed a beachfront element too, and that the staff compliment with the Golden Lemon Inn, was now twinned with Rawlins Plantation Inn, and so it would be grossly detrimental to all facets of my business to sell all of ‘The Golden Lemon Inn and Caines Estate’ to his friend Mr Kempadoo.

89. However, the Prime Minister continued to mention it to me. He was well aware that I was being put under pressure by Paul Bilzerian. Subsequent approaches by Mr Kempadoo were less polite.

90. Ultimately this led to an uninvited visit to my private office by Mr Kempadoo. He just walked in without an appointment. He said, look we want Golden Lemon. Just name a figure, any figure. We can write you a cheque today!

91. When I explained politely that this was now a twin site operation, with joint staff and that we needed a beachfront too, he became agitated. He said, look Kevin, you don’t realise how big we are, you are just a little man. You have to sell to us.

92. I was humble, but said no. Then he said, pointing his finger at me, “if you don’t sell, things will change, then you will have to sell.” He then left with an agitated demeanor.

93. During 2010 I had growing concerns in respect of Bilzerian’s impact on the probity of St Kitts as an agent of the government, as well as in respect of his increasingly prosecutorial attention to my business, and his hardly veiled menacing language to me personally.

94. Then in late 2010, Paul Bilzerian pressed me for information on my villa sales. He harassed me for the names of persons and insisted menacingly on copies of the ‘Agreements for Sale’ signed with prospective purchasers of existing villas at the Golden Lemon property. He said that this was to prove that I was “actively abiding by the loan contract”. He was very aware that these sales when completed, would provide enough funds to clear the International Investments / Bilzerian loan.

95. Paul Bilzerian forcefully demanded details of each sale, details of the purchasers and their credit worthiness, he demanded to know how the purchasers would receive their purchase loans, from which banks and at what interest rates. It was demanded by Paul Bilzerian that I make repeated contact with my purchasers to press them to see loan officers at their banks for all the information that he wanted to know, and to push the bank to complete their purchase loans, and for purchasers to confirm the source of their deposit funds. The overt inference to me, by Paul Bilzerian, was that if I did not get this information then he was going to press the purchasers himself.

96. In hindsight, I now realise that this pressure from Paul Bilzerian on the sales process was a deliberate tactic to undermine the signed sales Agreements that I had worked hard to achieve.

97. By the end of 2010, due to the pressure of undue demands for information and haste induced by Paul Bilzerian, the purchasers dropped out one by one. The demands however, from Paul Bilzerian continued against me. It was demanded that I come up with alternative funds for those, which Paul Bilzerian had deliberately usurped. I firmly believe now, that it was Paul Bilzerian’s premeditated intent to see that the loan went into default so that he could attempt to take control of my company CBS under the draconian and usurious terms of his loan documents. I had never been in this position before, but I realise now that this is the MO of a man who has done this, many times before.

98. In an affidavit subsequently filed in Court on 6th November 2014, paragraphs 58, to 65, relay in detail the aggressive and extortionate antics of Paul Bilzerian in concocting a paper trail from January 2011, through to August 2011. I now regret not getting the police involved during these months, however at the time I felt that they would view the matter as a civil dispute. I was also concerned at his new-found close relationship with the then government.

99. At the end of August 2011, I was compelled to seek suitable lawyers to oppose Paul Bilzerian. This followed a late night meeting, at Paul Bilzerian’s condo in St Christopher Club, which he had demanded that I attend. At that meeting It was demanded that I sign a document handing over control of my company to the Bilzerians. I refused.

100. This enraged Paul Bilzerian. He reminded me again how powerful and rich his “friends” were and that his son is an ex-Navy Seal. I was told that I was not allowed to leave the condo until I signed the document. Paul Bilzerian told me again, “me and my friends can get rid of you Kevin, anytime that we wish”. A threat he had made many times before. I felt concerned for my personal safety and so decided that the wisest thing to do was to sign his document so as to safeguard my well being and to get out of his premises peacefully.

101. The next day 25th August I sought suitable lawyers to consult over this extortion and the loan documents concocted by Paul Bilzerian. I had been very badly served when I had previously trusted a local lawyer not known to me (Vernon Veira) and robbed of $3.05 million US dollars. I also now knew, that there was no accountability or protection for clients of St Kitts lawyers. Naturally my faith in going to another lawyer in St Kitts that I did not know had been shattered, so I felt compelled to consult with lawyers who I knew in London, UK.

102. The advice from the London law firm that I consulted was to issue a formal Notice to Paul / Adam Bilzerian to “Cease and Desist” in his assertion to now own CBS, and to reject his alleged right to control the company and to own it’s property, due to the penalty clause on the purported loan, and the document signed under duress in Paul Bilzerian’s condo.

103. I followed their advice and did this and other legal actions that the London law firm advised.

104. I sent a “Cease and desist” Notice, to Bilzerian on the 25th of October 2011. Bilzerian commenced Claim No. SKBHCV 2011/0320 against me on the 2nd of November 2011. I filed an initial Defence as Defendant in person on the 5th of December 2011, whilst seeking local legal representation.

105. Paul Bilzerian was evidently enraged by my determination to defend. He visited The Golden Lemon Inn & Villas on the 26th of December 2011, with his son Adam. I was working there with my staff, preparing to receive guests. Paul Bilzerian tried to access the non-public areas of the property and made more verbal threats against me including the assertion, “me and my friends can get rid of you Kevin, any time that we want to”. Paul Bilzerian then proceeded to throw punches at me, which I walked backwards away from, in an effort to avoid contact. One punch grazed my lip. I continually asked Paul Bilzerian to leave, and to allow the Court to deal with the matter. I then took out my Blackberry cell-phone to call the police. At this point Paul Bilzerian was advised to cease his attack by his son Adam.

106. This incident on the 26th of December 2011, confirmed to me the clear harbinger of menace that had prevailed in the meetings from January to August earlier that year.

107. Adam and Paul Bilzerian went back to their car in the hotel car park. Adam Bilzerian then came back to me. He apologized for his father’s behaviour. He said that he didn’t really want my property and that this was all his father’s plan, so that they could develop it. Adam said that if I gave them $1.0 million US dollars, then they would settle and leave me alone.

108. I told Adam Bilzerian that his father was trying to extort money from me and that I had just learned from my lawyers that the funds wired to St Kitts by Paul Bilzerian, from the account of International Investments Ltd, were laundered funds and in fact were the subject of a dispute with a PLC in Australia called Carpathian Resources PLC.

109. Adam Bilzerian went pale. After a moments silence, he said, “no, the funds are mine, I won them at a casino”. He immediately left.

110. Mathew Murphy (“Matt”) a maintenance worker who lived at the Golden Lemon Inn and worked at my properties, witnessed the altercation with Bilzerian and his son. After they left Matt told me, “Kevin this man is terrorizing you, you have to report this to the police”. I asked him, “did you see everything?”, meaning, are you willing to speak to the police?” He said emphatically, “I was right here!”

111. I was concerned about my safety and the safety of my staff, and so I called the local police inspector on the 27th of December 2011, to report the aggressive visit by Paul Bilzerian.

THE MURDER OF MATT MURPHY.

112. On the 28th of December 2011, two days after the aggressive visit of Paul Bilzerian, my maintenance staff member, Matt Murphy did not turn up for work. Matt lived in a villa at The Golden Lemon Inn. Matt had witnessed the attack by Bilzerian, and he had been the one who counselled me to report it to the police.

113. On the 30th of December 2011, late in the morning, Matt was found dead in a cane field. He had been murdered. This was a horrendous shock to me and my staff.

114. The police arrived around 11:30 am. Inspector Charles Smithen was in charge of the investigation, and he was accompanied by Scenes of Crime Officers. The officers asked to see the villa where Matt lived and I showed them into his villa, using a key from my housekeeper. The officers took photographs and took away some of Matt’s belongings, including his computer.

115. On the afternoon of the 30th of December 2011, I was moved to telephone the then new Commissioner of Police, C. G. Walwyn, (“Commissioner Walwyn”) to let him know of the aggressive visit by Bilzerian only four days previously. My staff, and I, feared a connection between the aggressive visit by Bilzerian and Matt’s disappearance, because of Matt’s confirmation that he was a willing witness just before his untimely death.

116. At Commissioner Walwyn’s request, I went to his office in Basseterre right away, where I met with him and Inspector Smithen. I told them about the confrontation with Bilzerian on the 26th of December 2011. I also told them what I had learned about Bilzerian’s past as a convicted felon, his involvement in money laundering, and my concern that he was trying to “cozy up” to the Prime Minister. They appeared to take it very seriously.

117. Commissioner Walwyn and Inspector Smithen posted a police guard at Rawlins Plantation Inn overnight on the 30th of December 2011. They told me that this was in case Bilzerian returned to the property.

118. I received e-mails from Commissioner Walwyn on the 30^th and 31st of December 2011, in which he informed me that he had issued warrants for two suspects in connection with Matt’s death. CLICK TO VIEW , the e-mails from Commissioner Walwyn.

119. On the 30th of December 2011, there were media reports engendered by Inspector Smithen that the police were looking for two individuals in connection with Mathew Murphy’s murder. CLICK TO VIEW an article from the local news site SKN Vibes dated the 30th of December 2011, which quotes Inspector Smithen as saying “police are looking for two individuals”.

120. At around 7:15 am on the 31st of December 2011, I received a call from then-Prime Minister Dr Denzil Douglas on his cell phone. He told me that he had heard about Murphy’s murder. I asked Dr Douglas to meet with me to discuss Bilzerian’s recent aggressive actions towards me and what I had learned about him bringing laundered money into St Kitts. Dr Douglas said he would visit me that morning, but he never arrived.

121. Around 11:00 am, Inspector Smithen called my cell-phone and told me that Commissioner Walwyn had requested that I attend at St Pauls Police Station to give a written report on what I had told them about Bilzerian’s visit on the 26th of December 2011 during our meeting on the 30th of December 2011.

122. I went directly to the police station, and I gave the same report to Inspector Vaughan Henderson that I had given to Commissioner Walwyn and Inspector Smithen on the 30th of December 2011. Inspector Henderson took down my statement in writing.

123. Halfway through this statement about the Bilzerian visit, my Blackberry cell-phone rang. The screen showed the name of the person that was calling. It was “Bilzerian”. I showed the screen to Inspector Henderson. CLICK TO VIEW my cell-phone records for the 31st of December 2011, which record the call that I received from Bilzerian at 1.39 pm. (phone number: 763 8245) as well as the call from Dr Douglas earlier at 7.17 am. (phone number: 662 7299). Bilzerian had not contacted me for over three (3) months, apart from his aggressive visit on the 26th of December 2011. He had rarely called me, as previous communication had usually been via e-mail or text.

124. Inspector Henderson said that this call was “too coincidental”. He asked why Bilzerian would call me on New Year’s Eve, while I was in the middle of making a police complaint against him. Inspector Henderson said that it was very suspicious, and that someone must have tipped Bilzerian off. He asked me how many people knew that I was making a statement to the police at the time. In fact, I had not told anyone that I was coming to the police station to make a report. Not even my staff.

125. Inspector Henderson asked me if I knew where Bilzerian lived. I told him that Bilzerian lived at condo number 631 at St Christopher Club. Inspector Henderson then called the Basseterre police station and I heard him ask that a police officer go to Bilzerian’s condo to ask why he had called my cell-phone at that particular time.

126. Inspector Henderson then asked me to finish giving my statement, and he said that I should not to be perturbed by the call that I had just received from Bilzerian.

FALSE ARREST, Saturday 31st December 2011.

127. After I finished giving my statement to Inspector Henderson, and approximately an hour after he requested that a police officer visit Bilzerian’s condo, Inspector Henderson received a call on his cell-phone. His brow became furrowed, and he bore what I can only describe as a quizzical expression on his face as he listened to the caller. He shook his head and then moved away from me to respond to the person. He glanced in my direction as he spoke to the caller.

128. After the call, Inspector Henderson came back to where I was sitting and was checking the statement that he had drafted with me. Inspector Henderson then asked me questions about Matt and other matters that occurred after the 26th of December 2011; these questions were not connected with the aggressive visit of Bilzerian. I also noticed that Inspector Henderson’s previously friendly, comforting attitude had changed.

129. After adding my responses to these new questions to the statement, Inspector Henderson received another call on his cell-phone. He moved away from me again to take the call. He shuffled from one foot to the other during the call as though he was uncomfortable about something. He then returned and said that he was instructed to arrest me for murder.

130. I thought this must be a sick joke. I asked “Why?”. Inspector Henderson did not answer. He mumbled something about a gut feeling. When I pressed him for an answer as to what possible reason the police could have for arresting me, Inspector Henderson said: “Information received”. He did not give me any further information.

131. It was subsequently revealed that the person who went to see Paul Bilzerian and then ordered my arrest was Inspector Smithen.

DETENTION: 31st OF December 2011 to the 2nd OF January 2012

132. On the 31st of December 2011, after my arrest, upon finishing the statement in respect of the Bilzerian visit of the 26th of December 2011, (a statement which Commissioner C.G. Walwyn had requested). I was not allowed to communicate with my office or my hotel staff. I saw through an open door many of my staff arrive at the police station to ask why I had been detained. My staff were told that I had been arrested for murder. This was such a painful indignity for me. I saw them burst into tears when they were told.

133. I asked to speak with a lawyer. My cell-phone had been confiscated, so I was given a phone and told I could make one quick call to a lawyer. I did not know who to call, and it was New Year’s Eve. I had at that time an evening saxophone player at Rawlins Plantation Inn, called Adrian Scantlebury, whose daytime job was a lawyer. I called his cell number which I remembered. Adrian said that he was shocked to hear that I had been arrested and that he would try to contact an appropriate lawyer for me.

134. I was then put into a dark, windowless, stench-filled, concrete cell. The cell measured no more than 6-feet square. The cell was devoid of any furniture.

135. There was no air in the cell and no light of any kind. The bare concrete floor was uneven and damp with urine. The tiny cell stank like a cess pit. The cell was infested with cockroaches and mosquitos. The stench began to give me a headache. I called out to a policeman outside that I felt nauseas and asked to be let out for air. I heard a laugh and I was ignored.

136. I was left in the cell for the rest of that day and overnight – more than ten (10) hours – with no food and no water. I did not sleep.

137. This was New Years Eve. I sat on the floor of that disgusting cell all night, in the dark, being attacked by unseen insects. I could hear the distant revelry in the village. I wondered if the police were out of control, or were simply being controlled. The situation was terrifying. In England I had been brought up to respect and trust the police. Such instant arrest and incarceration without cause and without evidence was shocking to me. I had no sleep that night.

138. At daybreak on the 1st of January 2012, I asked several times if I could be allowed out for air. I was ignored. I was shivering from cold and fatigue, and I had a severe headache and nausea.

139. My watch and my engagement ring had been taken from me and so I had no way to tell the time. Neither my ring nor my watch have ever been returned.

140. Through a slit in the cell door, I could see the Scenes of Crime officers who had inspected Murphy’s villa at Rawlins Plantation Inn on the 30th of December 2011. They were inspecting and opening the doors of my silver Pajero, which I had driven to the police station on the 31st of December, 2011. I think this lasted about an hour, but my sense of time was slipping and I was exhausted.

141. Once the officers had finished with my vehicle, I was taken out of the cell and handcuffed. I was taken to Rawlins Plantation Inn by Inspector Smithen, Inspector Henderson and several other officers. They searched the various buildings and grounds. I was paraded, in handcuffs, around my property, as they made their searches. It was so degrading to be viewed by neighbours and staff in this way.

142. I was not shown a search warrant. I understand that one of the officers who was part of the search team, one Fitzroy Morton, has subsequently admitted that, Charles Smithen ordered him to fabricate and back date search warrants for Rawlins Plantation Inn and Golden Lemon Inn, many months later.

143. The search team on 1st January 2012, headed by Charles Smithen, collected items from various areas, including several items from my home on the plantation property, Sugarcane Cottage. Among other things the officers took my MacBook laptop, and my second Blackberry cell-phone. My first Blackberry cell-phone was confiscated by police at the station the previous day.

144. As I was led around the Rawlins Plantation property in handcuffs by the police officers, I was verbally bullied with aggressive questions by Inspector Henderson, who adopted a harsh, disrespectful and offensive posture towards me.

145. For example, in the laundry room, the police found some clothes and a towel being soaked to remove stains. Inspector Henderson became animated and said to me: “The clean up job was not very good eh!” I asked him: “What clean up job?”

146. Then, during the search of the grounds, Inspector Henderson asked where we burnt things. I told him that I have a policy of not burning things and my staff would confirm that policy. I explained that biodegradable non-food waste goes in the ground, while waste food and non-biodegradable waste was taken to the landfill once a week by the refuse company. Inspector Henderson got annoyed with me and shouted “I don’t play with liars”. I was too frightened by Inspector Henderson to say anything else after that.

147. CLICK TO VIEW my contemporaneous notes that I made regarding the events of the 31st of December 2011, and 1st of January 2012, shortly thereafter.

148. After their search, the police kept the keys for the property, including for my home at Rawlins Plantation, Sugarcane Cottage. Annie Jainarine, my front desk manager at Rawlins Plantation Inn, later told me that the police returned and ransacked my cottage, taking many valuable items, which they have never returned. I was never given an inventory or a receipt for items that were confiscated from Rawlins Plantation Inn or from my home, Sugarcane Cottage, in the grounds of Rawlins Plantation.

149. After the police completed their search of Rawlins Plantation Inn, I was taken back to St Pauls police station. I was made to sit outside in the hot sun, while the officers ate lunch in the shade. I was not given food. After the police had eaten, I was taken to Basseterre in a car with Inspector Smithen, Sergeant Smith and another officer. In the car, I told the officers my concerns about Inspector Henderson’s actions and attitude toward me.

150. Inspector Smithen said that he was angry and appalled to hear how Inspector Henderson had treated me. He told me that this was why he was taking me to Basseterre, “We are reasonable people over there”, he said, “Henderson has treated you like a dog, I will inform the Commissioner”.

151. When we arrived in Basseterre Police Station, I was taken into an office. Inspector Smithen said that he was going to see Commissioner Walwyn. I was asked a few questions by the officer who was left with me. He wrote down my answers in atrocious hand-writing and I had to spell most of the words for him.

152. When Inspector Smithen returned, he said that Commissioner Walwyn was very angry about my treatment. Inspector Smithen said that Commissioner Walwyn needed my statement about the Bilzerian incident so that he could pursue it, because he had not received the statement that I gave to Inspector Henderson on the 31st of December 2011. Inspector Smithen told me that Inspector Henderson’s actions were “out of line” and he told me not to worry because he (Inspector Smithen) was in charge of the crime department, and he would put things right, along with the Commissioner, who was “angry”.

153. Inspector Smithen asked me to recount the “highlights” of the Bilzerian incident with him so that he could give a statement to Commissioner Walwyn. He told me that he would take my statement straight to the Commissioner, and that he would come back to me because he felt the Commissioner would want to see me before I went home. I expected I was going to get a profuse apology.

154. I was mentally and physically exhausted. I gave the statement about the Bilzerian incident as requested. (This statement was never disclosed by the prosecution. In May 2012, Inspector Smithen produced what he alleged was a confession statement that I had given him during this meeting).

155. After I gave this statement of the “highlights” to Inspector Smithen, he said that he was going to see the Commissioner with the statement and that he would be back to me shortly. Moments later, a different officer came in and I was told to go downstairs.

156. Then, instead of being released, I was locked up in a cell at Basseterre. I did not see Inspector Smithen again that day. I told the officer who took me downstairs, as well as the desk staff, that Inspector Smithen had indicated to me that I would be released. They said they would confirm their instructions with him. I heard no more.

157. I was held in a police cell in Basseterre police station during the night of the 1st of January 2012. What sleep I got was through sheer exhaustion. I had no idea why I was being treated this way. I was very worried about my staff and about my business.

158. In the afternoon of the next day, 2nd January 2012, my Front Desk Manager Annie Jainarine, came to the police station. I was taken out of the cell and she was allowed to see me in the presence of police staff. She brought food for me, and the wages cheques to sign. This was the first proper food that I had had for two days. We could not figure out what on earth was happening to me. We were both in tears.

MALICIOUS PROSECUTION, Monday 2nd January 2012

159. Around an hour after Annie’s visit that afternoon of the 2nd of January 2012, I was taken from the cell again. I thought that surely, they must be going to release me. I was taken to an office. Smithen was there, and a lawyer called Chesley Hamilton, who had been asked to assist me by Adrian Scantlebury.

160. I was told later by Chesley Hamilton that Smithen had informed him on that day that there had been blood found on my car, something that was later proven to be untrue at the Preliminary Inquiry. All forensic tests had proved negative. It was another Smithen lie.

161. As I was led into the office where Chesley Hamilton was waiting, Inspector Smithen said to me, “bad luck, we have two eyewitnesses who saw you kill Mathew Murphy”. This was outrageous and another prevarication. At the Preliminary Inquiry five months later, there were no such witnesses. These ridiculous assertions although untrue were extremely frightening to me at the time. Inspector Smithen summarily charged me with murder in front of Chesley Hamilton, on that day of the 2nd of January 2012.

162. I was shocked. The whole thing seemed surreal.

PRISON, Monday 2nd January 2012.

163. Immediately after being charged at around 6:30 pm, on the 2nd of January, 2012, I was transferred from the police station to the prison.

164. I was put into Cell 26. There were 33 other men in the cell. The air was thick and stale. There were no available bunks, and only inches between them. There was no room for any chairs or other furniture of any kind. Many people were already sleeping on what tiny bit of floor space remained, or on the floor under a bunk (having squirmed into the 12″ gap under a bottom bunk), which does avoid one being stepped on. I slept in an aisle on the floor, sitting up against a concrete pillar.

165. The next day Tuesday 3rd January 2012, I and others, were let out of the cell at 5.30 am for roll call and then immediately locked back in. It became clear that although I had been sent here on remand, I was being treated exactly the same as a convicted prisoner.

166. It was stifling in the cell in the heat of the day, and very noisy, the guards in the yard outside taunted me for being the only white guy “in a black man’s jail” and told me that I wouldn’t last long here. I felt that this was quite likely to be true. I was very worried. One guard said that I would probably be ‘shot trying to escape’.

167. That morning I was also taunted through the bars of the cell by a guard, who said that the British High Commission in Barbados had called, but that I was not allowed to speak to them without the permission of the Superintendent, Franklin Dorset. I got the distinct impression that the only reason that the guard informed me of this was to make the point that they could do whatever they liked to me. This point was rubbed in again and again, as the days went by. It was put to me that perhaps I would end up being “shot trying to escape”. Their control was total, and they took delight in it.

168. I managed to speak through the bars of the cell to a more senior officer later in the day, who confirmed that the British High Commission had called, but that no one, except Franklin Dorset, has authority to allow me to take the call.

169. The Superintendent came into work the next day, 4th January 2012. The British High Commission called again and this time I was fetched from the cell and I spoke briefly to a person there called Maria Clark. It was mandated that this be in the presence of Franklin Dorset not in private. Ms Clark explained that unfortunately there was little that they could do. However, it was suggested by her to Franklin Dorset, that seeing as cell 26 was overflowing, that I should be moved to a less overcrowded cell. I was, in fact, subsequently moved to cell 18, which was certainly a little better. Sadly, my stay there was to be very short lived.

CELL 18, Thursday 5th January 2012, to Thursday 19th April 2012.

170. In Cell 18, on the 5th of January 2012, I wrote down everything that I could remember about the last 7 days, which all seemed like a bad dream. I was not sure how long my body would cope with such horrendous conditions and so I decided that all I could do was to keep a daily record so that if anything happened to me, my friends out there would have my record. From that day forth, every day, I wrote down an entry in my journal. – Against all the odds it survived, and so did I

171. On the 6th of January 2012, David Hammer a lawyer and a friend of mine, who had heard of my incarceration, flew to St Kitts from America and I was allowed to see him. He immediately voiced his opinion that I was incarcerated because certain parties wanted to take my properties. When he left, David went to see the St Kitts Ambassador Plenipotentiary, Wendel Lawrence, who he had per chance met, as a customer at Rawlins, to put it to the Ambassador that there was an agenda to my incarceration and to enlist his support for an inquiry into the circumstances of it. – David’s representations were ignored.

PRISON FOOD.

172. Since my incarceration began, I had not eaten very much. Partly through having little appetite and partly because there was little that my body would allow me to eat here. The ration in the morning for breakfast, at around 7.00 am, was two jail made bread rolls, small white hard things, (one completely dry and one with a smear of peanut butter on it). Then for lunch at around noon some disgustingly congealed white rice, with the consistency of foam rubber, accompanied by a “cook up” of chicken bones. Then later for dinner at 4.00 pm one more dry white roll.

173. I do not eat meat, so chicken bones were an anathema to me. White rice and white bread give me heartburn, so a little of this so called bread, was all I could stomach. This ‘menu’ was served up almost every day. Vegetables and fruit, my normal diet, were basically non-existent.

174. In the months to come when my bodily condition deteriorated, I was to ask the prison doctor in the presence of the Honorary British Consul for permission for my staff at Rawlins to bring me fresh vegetables and fruit from my own garden. Mr Archibald the prison doctor told both the Honorary British Consul and I, on more than one occasion that, “fresh fruit and vegetables have no bearing on physical health”. Each time, the Honorary British Consul, Sarah Percival, wrote it down word for word, slowly repeating his words aloud back to him, as she did so, in total disbelief.

175. It became obvious to the Consul and I, that this was jail policy put in place by the Superintendent, and that the doctor was simply dictated to, by the Superintendent. This amounted to wilful bodily degradation of me and all of the other prisoners. In fact, I regularly overheard prison guards saying that the prisoners should not be allowed to get strong or they would be harder to manage. This outrageous paranoia evidently came directly from Superintendent Dorset and his deputy Ashida Connor.

176. It was ironic that the convicted prisoners were made to work on the “prison farm” allegedly to provide for the jail kitchen, when in fact 99% of the produce farmed was sold by the prison management to the local supermarkets.

177. There was a tiny amount of so called “commissary stores” that could be ordered by prisoners and purchased at set times once per week, if one was lucky enough to have had money put on a prison commissary account from friends outside. (No prisoner was allowed to hold money personally) The significant items to me which were possible to buy (when stock was available) were Quaker Oats, processed cheese slices, Crix wheat crackers and small tins of sardines. This may be a mundane diet and lack many vitamins, but if it had not been available on most weeks, and if my friends had not provided money onto the prison account for me during subsequent years, I would certainly not be alive now.

178. The prisoners were also required to order and purchase all toiletries from the commissary list including soap and toilet paper. Absolutely nothing was provided. Prisoners who did not have friends prepared to deposit money, ended up begging for soap and toilet paper.

179. I still have many of my weekly hand-written commissary order slips, which each week, I handed through the bars of my cell to the person in charge of commissary, and which record my meagre purchases on which I lived for the whole of each week. The slip was returned with the items. The ones crossed off being out of stock for that week. Receiving commissary on a Friday if there was money on the account was the highlight of the week and if items were ‘in stock’ I breathed a sigh of relief, knowing that at least I had a little food. CLICK TO VIEW some of my commissary order slips.

TERROR IN THE NIGHT, Wednesday 11th January 2012.

180. On the night of the 11th of January 2012, between 10.00 pm and 11.00 pm, soldiers with guns came to my cell.

181. They said they were “looking for the manager of Rawlins Plantation”. I thought that they were going to take me away. I was very frightened and did not sleep. I fully expected to be, “shot trying to escape” that night.

182. CLICK TO READ an entry made in my journal after the incident on the 11th of January 2012

183. At the time, having been incarcerated for two weeks and having heard from David Hammer that neither the ambassador, nor any of the “Government people” that he had approached would do anything to assist, I was beginning to fear that they just wanted me out of the way to get my property, and that these soldiers had been sent to finish me off.

184. I stayed awake all night – petrified. They hung around for a while and ultimately left. They never said why they were looking for me.

185. As can be seen on the same journal page, on the next day Thursday the 12th of January 2012, I had the first visit of the Honorary British Consul Sarah Percival. I broke down while telling her of the visit that I received in the night from armed soldiers.

PRELININARY INQUIRY CASE REVIEW.

186. On the 16th of January 2012, I was taken to the St Kitts District B, Magistrates Court at Sandy Point for a Preliminary Inquiry case review. Dr Henry Browne QC had been retained to represent me but he did not show up.

187. As my daily journal records, I was extremely disappointed to find him not there at the first review hearing. In his absence I told the magistrate : “Your worship I have been locked up for 2 weeks 1 day and this morning, my business is suffering and my staff are distressed . . . . I am a 52 year old man who has never done anything criminal in my life. I ask you to release me”. The magistrate adjourned the matter until 13th February due to the absence of counsel.

188. It is a matter of record, that unbeknown to me at the time, on that same day of the 16th of January 2012, Paul Bilzerian filed an Application to the Court, via a lawyer called Glenford Hamilton, for Summary judgement against me, in which, as will be shown herein, prison staff colluded in defective service on me, to ensure that I would be denied access to defend it.

189. At this time my journal is full of two worries. Firstly, the lawyer Dr Browne QC who had been paid significant funds, but was doing little in respect of my case. Secondly, I was also very stressed by my inability to do anything to help my staff maintain the business. When the Superintendent, Franklin Dorset, passed by my cell, I asked him if I might be permitted to use a laptop for the sake of my employees, and to assist the business to be maintained during my incarceration, but that was flatly refused by him.

190. I asked him again in front of the British Consul on her next visit, but it was refused again. In the months to come, this denial of communication was the death knell for my business which I had worked so hard to develop, and in which I had invested my life’s earnings.

191. On Thursday 26th January 2012, I was taken out of the cell to go in front of the magistrate to be remanded. The prison guard called ‘Lionel Marsen’ who was escorting me in handcuffs made me stop and accept a ‘service’ of a document under the arch outside of the prison. The document was Bilzerian’s Application for Summary Judgment against me.

192. The said service was made for Bilzerian by one Deborah Claxton, a clerk for Glenford Hamilton. Deborah Claxton was very chatty with the prison guard and clearly knew him. I had no option but to take it. It was thrust at me. CLICK TO VIEW , the Affidavit of Service produced and filed in Court by Deborah Claxton the next day, 27th January 2012.

193. It can be seen that in the Affidavit of Service Deborah Claxton unwittingly admits her own and the prison guard’s guilt by stating that she served me being “. . .under the arch of Her Majesty’s prison. He was outside of the precincts of the prison, and in the presence of a prison officer“.

194. As is well known by legal and prison staff, and is clearly stated in the Prison Act (I now know it to be Rule 11 and it is also referred to in Section 24) that no one is allowed to communicate or pass anything to a prisoner out side of the precincts of the prison. CLICK TO READ the Prison Act of St Kitts and Nevis.

195. Such a statutory offence is punishable on summary conviction, moreover the Prison Officer who Deborah Claxton admits in her Affidavit of Service, was “present” when she “Served” the Application for Summary Judgement on me, I now know has a duty, under Rule 81 of the said Prison Act, to immediately report Deborah Claxton for the offence.

196. It is evident that this cosy little courtesy between them was for the benefit of all parties except me. All ‘services’ on prisoners are supposed to be done in the presence of the Chief Officer and entered in the Prison Service Book, so that the Chief Officer, knows that there is reason to convey the prisoner to Court on the allotted day stated on the Application served, and also he must ensure that the prisoner is permitted to file an Affidavit in his defence before the hearing.

197. The defective service of the Application for Summary Judgement by Deborah Claxton was perpetrated in such a manner as to constitute a criminal offence by her, in apparent collusive misconduct with a prison officer, and was calculated to prevent me from availing the auspices of the prison authorities to permit me to defend myself by Affidavit evidence or to appear in Court by a Warrant of Attendance to oppose the application for summary judgement filed by Hamilton & Co, on behalf of Paul Bilzerian.

POLICE QUESTIONS, Wednesday 1st February 2012.

198. Five days later on Wednesday 1st February 2012, I was taken from my cell to a meeting room on the first floor of the prison administration block. I was expecting a visit from Dr Browne QC. Instead it was a St Kitts policeman, Sgt 246 James Sutton. He told me that the US Federal IRS had just been to St Kitts and they had asked the government if they could speak to me, because they felt that I might know where certain monies, which were brought into the Federation by one, Paul Bilzerian, came from. Sgt Sutton said that their request to visit me and ask their questions, had been denied by the then Attorney General. I asked why?

199. Sgt Sutton said that he didn’t know. He said that his boss had directed him to come and ask me questions, “so that the information could be forwarded to the IRS”. I was very suspicious as to whether the then government would really inform the IRS, but I felt that it was possible, so I decided that I may as well give him the information.

200. I explained the recent history of how Paul Bilzerian had tried to take my company and had then assaulted me on the 26th of December 2011, and that when I made a complaint statement against him, and a policeman visited him, I was immediately arrested for a murder that I did not commit. I put it to Sgt Sutton that in terms of what I had just explained, that Paul Bilzerian, an American citizen was guilty of criminal usury, fraudulent representation, aggravated trespass, and demanding money with menaces. I suggested that the police should arrest him. However, I agreed to answer the IRS questions.

201. So, Sgt Sutton looked at his instructions and then asked me if I knew where the funds, that Paul Bilzerian brought into St Kitts, had come from. I said, “yes, from a bank account in Austria in the name of International Investments, which is a company registered in Nevis”.

202. Sgt Sutton smiled. He obviously liked that answer. He said, “OK good. They know that, but do you know where they came from before that”. I said, “yes, they were taken illicitly from a PLC company in Australia, called Carpathian Resources, by Paul Bilzerian, in a corporate con, and sent to the International Investments account in Austria, and now Carpathian PLC is suing him to get them back.”

203. Sgt Sutton stopped smiling. He said, “Do you have evidence of that?” I said, “yes”. Sgt Sutton leaned closer and said, “Where is the evidence”. Leaning even closer across the table, I said, “with my lawyers in London”.

204. Sgt Sutton did not appear to like that answer. He got up and left.

205. CLICK TO READ my daily journal for Wednesday 1st February 2012.

206. I never heard from Sgt Sutton again during my subsequent years of incarceration. However, since being exonerated and released almost four years later, I have asked for a meeting with Sgt (now inspector) Sutton, who I find is head of “White collar crime”, intending to enquire if my conversation was conveyed to the IRS.

FURTHER IMPROPER SERVICE, on the 20th February 2012.

207. On Monday 13th February 2012, I was taken from the cell and transported to the magistrate’s Court in Sandy Point for the hearing of the charge against me, which had been adjourned on 16th January 2012. Dr Browne QC did not turn up again to represent me. The magistrate adjourned it again until Monday the 20th February.

208. On Monday 20th February, I was taken from the cell and conveyed as previously to the magistrate’s Court at Sandy point. Nine other prisoners and me, were put in the prison van across the road from the prison. We were being escorted by a policeman called Chelroy Caesar, with a prison guard driving the van. I noticed that Deborah Claxton, the clerk from Bilzerian’s appointed lawyer, Glenford Hamilton, was loitering on that side of the road. Before we set off the policeman opened the side door of the van and smiled at Miss Claxton. It seemed clear that they knew each other. Deborah Claxton held out a service to me sitting in the van, in handcuffs. I made no movement to take it. The policeman Chelroy Caesar indicated to her to throw it in the van, which she did. It landed on the floor and later he ordered me to pick it up.

209. Yet again, it had been contrived that a document (which turned out to be another Application) be served on me “outside the precincts of the prison”, through collusive misconduct with a government employed officer, and again being calculated to prevent me from availing the auspices of the prison authorities to permit me to defend myself by Affidavit evidence or to appear in Court by a Warrant of Attendance.

210. It is required that an Affidavit of Service be filed in Court by any server. After my eventual exoneration and release from prison almost four years later, I have been able to source from the Court Registry a copy of the Affidavit of Service of Deborah Claxton for that day. In fact, in the said Affidavit of Service, she once again, unwittingly admits her guilt and the collusion of the police officer escorting me on that day, in paragraphs 2 and 3 of the Affidavit which state:

2. I did on Monday the 20th day of February 2012 at 9.21 am, personally serve a Notice of Application and an Affidavit in Support of that Application on Kevin Horstwood the Defendant in this action on Cayon Street, Basseterre.
3. He was outside the precincts of the prison and in the presence of a police Officer.”

211. CLICK TO VIEW the said Affidavit of Service, produced and filed in Court by Deborah Claxton, on the 29th of February 2012.

212. READ BELOW my journal entry for Monday the 20th of February, 2012.

Diary for Monday 20th February 2012

3. Got taken to Court at Sandy point at 9.00 am with 9 other prisoners. On leaving the prison to be taken to Sandy point Court I was served with another application from Bilzerian. Only now can I see what happened on the 3rd February to the previous one. When there, nine of us were put in one cell 6ft x 6ft. No ventilation, no light, no windows, just a bucket to piss in. The other prisoners were respectful and kind. One (Bongo) even gave me a little food that a relative brought to the Court for him.

4. The cases before me all got sent to High Court even though the magistrate readily commented that there was not enough evidence for a case. This is very concerning! When I asked the others what percentage of cases that the magistrate threw out, they laughed and said, “less than 1%”. This means a long wait for the hearing for those guys, meanwhile stuck in jail.

5. The average wait for a hearing is 10 months!

6. Considering the horror stories that I have heard here about the High Court Judge manipulating the jury to get a guilty verdict even if the accused is innocent this is very worrying for me – and everybody else here.

7. The High Court has convicted every single accused here in St Kitts so far this year.

8. Dr Browne was in Court when I was taken in. The prosecutor asked for another 5 weeks remand to get some forensic back that he said had been sent to Washington. No evidence was produced. Dr Browne said NOTHING. The Magistrate gave the police until 13th April for disclosure. This is ridiculous!! Also a date was set for 30th April for a preliminary hearing. I guess that she will send it up to High Court even with no evidence – Frightening.

9. I am very unimpressed with Dr Browne’s lack of pressing the Magistrate. I will take issue with him next meeting.

10. As I was leaving the Court he signed to me he would come and speak with me. But he never came to the cell or the prison after Court”.

213. At the hearing before the Magistrate on the 20th of February 2012, the prosecutor requested, and was given, a five-week adjournment, purportedly to get some forensic evidence back from Washington. The Magistrate ordered the Crown to make disclosure by the 13th of April 2012. However, by that date the Crown had not complied.

FEAR OF NOT GETTING A FAIR TRIAL, in 2012.

214. It is hard to explain the feelings of terror, that ran through my mind, at my prospects of getting a fair trial at this time, when trying to sleep in the cell each night. Together with my knowledge that there was no legal safety net for clients of law firms in St Kitts, nor law society, for clients to get accountability. At times like this, even though I am by nature a positive person, I felt that I had made a fatal mistake in coming to St Kitts.

215. READ BELOW entries from my daily journal from that period:

Sunday 5th February, 2012.

1. Tired, hungry, worried, atmosphere in the cell very bad, no one speaking.

2. How can I get into such an awful situation. I have done nothing wrong. I guess coming to St Kitts was a big mistake. Praying for deliverance . . .”

Diary for Thursday 9th February 2012 : 40 days and 40 nights in captivity

1. Rewrote a copy of the over-view for Dennis which includes the visit by James Sutton. I wish he was coming today!

2. Worried about Dr Browne’s inactivity and what will happen on Monday in Court”.

Friday 10th February 2012

1. Checked all my prep for the meeting, hope it goes well.

2. An excruciatingly agonising wait for another lawyer who did not turn up. Have these people no shame. Is Dennis xxxxxxxx just as unprofessional as the rest of them. This combination of crooked, incompetent police as well as lawyers in the same vein is the biggest fault with the country. ONLY if a business has this under control can it hope to succeed. If not then St Kitts is NOT the place to operate.

3. I have no words to describe the depth of my frustration.

4. The only officer that could have chased him for me was not working today, because of an accident to his vehicle.

5. Totally, totally, totally, frustrated!!”

216. I was worried for my safety and my liberty, together with the way in which my business in St Kitts, which I had spent seven years building up, was being destroyed by my absence. It was excruciatingly difficult to get a phone call to a lawyer in the outside world, which was deemed a great favour from a benign prison officer. Only two prison officers that I came across would even consider it. It was also very difficult to get permission to send a short fax from the prison office to a law firm. I tried repeatedly to get permission, which was a demeaning and soul destroying process. It was only on a few occasions that my persistence succeeded.

217. On one of those rare occasions, I did in February, 2012 manage to send the following fax to Henry Browne :

Tuesday 16th February 2012

Fax 465 1016
FAO Dr Henry Browne,
From Kevin Horstwood.

Dear Dr Browne,

Further to our brief conversation in Court yesterday and your indication that you will be speaking with me, please confirm when this will be. At our last meeting, Wednesday 1st February, three weeks ago, you confirmed that the Habeas Corpus application is in two stages and the first would be submitted by that Friday 3rd February. Please confirm the status of that application. I understood that the police would be given 7 days to disclose any tangible justification for my incarceration for these past 8 weeks. It is therefore gravely concerning that the magistrate yesterday meekly submitted to the police request for many weeks more before any disclosure. I have done nothing at all wrong Dr Browne!! Please make representation to the Magistrate of my concern that my business is being destroyed by my absence, my staff are traumatised by the accusation against me, and my property is being threatened by a financial gangster, who is likely to be behind some or all of the reason for my imprisonment. I look forward to seeing you to discuss the progress of my liberty as a matter of urgency.

With great respect, Kevin Horstwood”.

218. Dr Browne QC did not bother to reply, let alone come to see me. Dr Browne QC also continued to not turn up at hearings, and ultimately, I had no choice, but to fire him. CLICK TO VIEW my said fax to Henry Browne, stamped by HM Prison.

219. I see in my daily journal that, after all my vociferous and tenacious efforts to get permission, from the prison office to send the above fax to my lawyer, I was told by the prison, “no more faxes this month”.

221. Sadly, I found that things just do not work that way on St Kitts. As I had discovered when faced with the malpractice of Vernon Veira, for clients of lawyers in St Kitts there is no Law Society, such as in other countries, to get accountability from, for the dereliction of their duty of care. There is not even a code of conduct enforceable by clients of lawyers in St Kitts in the High Court. Quite simply, this meant that, as soon as I stepped through the prison door on remand, I was devoid of the ability to defend myself from abuse, whether it be physical, mental, or abuse of statute. This compromised my Constitutional right to defend myself in the proceedings.

222. At the time of my incarceration the resultant prejudice was so serious as to constitute an abuse of Constitutional Rights, and Human Rights. As a man imprisoned then, here in St Kitts, I lost my voice. I was forcibly incommunicado. My rights hijacked. At best as a most vociferous and tenacious prisoner I was prejudiced and had to somehow find eventual redress. Any ordinary, and less than “vociferous and tenacious” prisoner, at that time was swallowed up and railroaded into a state of being institutionally gagged. It is a human tragedy that I saw and experienced first-hand, and just one part of the culpable and oppressive mind-set that operated in Basseterre prison during my incarceration. The trauma that this caused to me was devastating, and still haunts my thoughts.

223. Having thought through this fundamental problem, I came to the conclusion that the solution was to offer an equity partnership to a law firm that I knew in London, and whose principle, Nigel Calvert, had come to Rawlins Plantation with his wife for their two week holiday. This would gain reliable representation for me now, and a legal partner for future trading. My very grave concern, was one of being let down by inadequate legal representation, and railroaded through an unfair trial.

224. I had been told by the prison office that I was not allowed to send any more faxes in February, prisoners are only allowed to send one letter per month, which I felt was absurd at the time, (and which I now know to be another flout of the St Kitts and Nevis Prison Act Chapter 10.19 in terms of remanded prisoners) So I waited and then presented a fax to the said London law firm, on the first day of March, 2010. However, I was then derided by the prison administrator, Ms Smith, and was told by her that I was abusing the generosity of the prison. This response by Ms Smith illustrates again, the prevailing policy that I experienced, which keeps prisoners in an enforced state of incommunicado.

225. Any polite and respectful reference to “rights” was met with a very aggressive response, “prisoners don’t have rights” and as I was also told a hundred times, “the court can’t tell us what to do, Mr Dorset runs things here”. To argue that one, would instantly result in a transfer to a punishment cell for “disrespect”. My fax did eventually get sent during the latter part of the next day, Friday the 2nd March, well after UK business hours. So, it would not have then, been read by Calvert Solicitors, until the following week.

226. On Tuesday 13th March, Calvert’s sent an e-mail reply declining my offer. It said that they did, “not have the level of confidence in St Kitts that I did”, and they doubted that it would be financially prudent for me to continue to invest in St Kitts and Nevis, after such “outrageous treatment”. I deemed the day of their reply in my journal as “Black Tuesday!!!” My hopes and prospects of being able to defend the abusive position that I was in, evaporated.

CRITCAL DAMAGE IN MY CIVIL CASE, on the 2nd March 2012.

227. The 2nd of March 2012, was the return date for a further Application by Bilzerian for a hearing date in respect of his desire to obtain Summary Judgement against me in my absence, and to take all the shares in my company valued at over USD $9 million, in return for the loan from International Investments for USD $350,000. This Application for a hearing date had been served on me outside the prison by Deborah Claxton on the 20th of February 2012.

228. I had told the Chief Officer about the hearing but he had shown no interest and told me that unless the Court sent him a warrant of attendance, then he was not going to lift a finger. I tried to get him to read the document that was thrown on the floor of the van by Deborah Claxton. He just walked off. I was not taken to Court to defend the Application.

229. On that day of the 2nd of March 2012, the Court issued an Order against me in my absence, which was gravely detrimental to me. In fact, instead of setting a date for the hearing of Bilzerian’s Application for Summary Judgment, Justice Thomas, having had no response from me to either the first, or the second Application, chose to award Summary Judgement to Bilzerian.

230. I put it to the Chief Officer that there had been an illegal service with the collusion of prison staff, but my concern was met with further derision and aggressive ridicule. I subsequently put it to the Deputy Superintendent Ashida Connor (“Deputy Connor”) that gross violations of Article 10, part 2, of the Constitution, had been happening to me from the first day of my incarceration. He sneered at me and said, “I know the Constitution, but we run things here”. It is this ‘mind-set’ that was the fundamental problem. During my incarceration the junior officers loudly and vocally avowed that prisoners don’t have rights. This mind-set was fostered and dictated by Superintendent Dorset and was avidly promoted by Deputy Connor.

231. It is illustrative of my near despair after 69 days of incarceration, that a poem I wrote at that time on 8th March 2012, is called “Each day Eternity”. I set it down here verbatim :

EACH DAY ETERNITY

Every day’s a crying day, but let nobody see,
how bad your heart is breaking, each day, eternity.
Don’t show the battered spirit, the dented fortitude,
they’ll only deem you whimpish, so best be quiet “Dude”.
Today makes 69, and no end to “days” in sight,
just another crying day, and then, a crying night.

Where once dwelt caring enterprise, and starry destiny,
there was no shame in passion and business drive, in me.
But now confined, locked up and chained, in this squalid little cell,
the mental suffocation of mind drowned, in living hell.
With senseless raw injustice, in a place that doesn’t care
it’s tough to take the pain unmoved, to resist and not despair.

Can spirit take much more of this, with body still enduring,
I wonder if my strength will last, indomitably curing.
Give me grace to soldier on, to take the fearsome odds and fight,
and pray for my deliverance from darkness into light.
Some days I put my armour on and play a gladiator role,
but today is just a crying day, from deep within my crying soul.

232. CLICK TO VIEW the original of my hand written poem of Thursday 8th March, 2012.

SICKNESS AND INFECTION, March and April 2012.

233. The continual denial by the prison management of a healthy diet, which my body had, previous to my incarceration, enjoyed was taking a toll on it. This bodily degradation was to continue until my exoneration and release on 2nd November 2015. It has left me with ongoing disabilities and a commensurate shorter life expectancy.

234. I was derided by Franklin Dorset and his deputy Ashida Connor for not eating meat. They had emphatically denied me fresh fruit and vegetables from my garden at Rawlins Plantation. However, on infrequent occasions, and under the auspices of one of only two comparatively humane prison officers, (out of sixty that I encountered), Annie was allowed to bring me a little fruit and veg’. This was so uplifting, but sadly, nowhere near enough to maintain my health.

235. My daily journal records the paucity of my diet, the infrequency of receipt of fresh fruit and vegetables, together with the consequential days of sickness, which from March 2012 onwards, became more and more prevalent and more serious, in terms of my long term well being. READ BELOW my journal entries at that time.

Saturday 10th March 2012

1. Was given a piece of pumpkin by Phillip this morning — wow that’s new!

2. Had a sore throat coming through the day, very painful by dinner time.

3. Did no writing today. Had a headache too. I’m surprised that I’ve not been unwell more often. Very bad diet. No exercise. Lots of stress.

Sunday 11th March 2012

1. Feel grotty . . .

2. Did a little writing but not up to much . . .

3. Slept from 12.30 to 2.30 pm. Headache.”

Monday 12th March 2012

1. . . . Not feeling too good. Still coughing and sweating and headache.”

Wednesday 14th March 2012

2. Annie and Dahlia came around 1.00 pm. It was WONDERFUL to see them, but I was not allowed a same room visit, so I only saw them for 10 minutes through glass. This is the first time I have seen Annie for 6 weeks and she looks radiant. Love them both. Very emotional inside. I pray to get out of here. I asked them to go see Chesley and get him to come. No one came. Not feeling well, bad chest getting worse.”

Thursday 15th March 2012

1. Doctors day today. I had written to him a note requesting fruit and veg’ for health reasons. He turned it down. Mr Connors decision!! Doctor said that fruit and veg’ had no medical benefits — idiot!!”

Friday 16th March 2012

3. Chest infection not getting better, nor likely to, without fresh fruit and veg”.

Saturday 17th March 2012

1. Not feeling well enough to do much work. Slept from around noon to 3.30 pm”.

Sunday 18th March 2012

4. Chest painful . . . “

Tuesday 20th March 2012

4. . . Teeth loose because have not had vitamins for weeks. Can’t shake my chest infection — no nutrients. Joints stiff and aching.”

Wednesday 21st March 2012

3. Dahlia came about 1.30 pm. Wonderful to see her!! Very short visit, but great to have same room visit after so long. Gave her all the letters. I really hope she gets them to Annie to e-mail especially the one to David. She brought me, black ink, broccoli, carrots, coffee, pasta, eggs, razors, parmesan, onions, chocolate Love her always!! And fresh oranges!!!

4. Had coffee and wrote up all the poems when she left. Then made a wonderful dinner!!”

Sunday 25th March 2012

1. . . . Still have my chest infection , this is the third week, if I did not have oranges, lemons and veg’ from Dahlia I’m sure it would not be getting better at all.”

Tuesday 27th March 2012

6 . . nothing achieved again today, health not improving, . . . . Nearly out of the food that Dahlia brought. No broccoli left. Only one carrot. Lemons gone, last orange tonight, last square of chocolate tonight. Only one tea bag left. I have a wish list for Annie, hope she can help and get permission”.

Wednesday 28th March 2012

4. Dahlia came around 1.00 pm. Lovely to see her, but no Annie.

5. No supplies at all from Dahlia. I guess I am expecting too much, she has been so loyal, but can’t take on the prison rules, which are so intimidating”.

Thursday 29th March 2012

1. Still got my chest infection, it’s not going to get any better”.

Friday 6th April 2012

2. Slept for 2 hours this afternoon. No energy. Headache”.

Saturday 7th April 2012

4. Dinner pitiful. Got one bread roll after pressing Mr Gumbs, one Kraft cheese slice purchased today, my only egg saved for Easter, and a few crackers. Happy Easter Kevin”.

Wednesday 11th April 2012

4. Dahlia and Annie came around 1.00 pm. Wow lovely to see Annie, she looks well and prosperous. Not seen her for two months. They left me 4 oranges, some broccoli, 4 carrots, tea, 6 eggs and pasta and a bar of chocolate. And $100 ECD. Love them both very much”.

Sunday 15th April 2012

3. Dinner tonight — pasta , carrot + egg + broccoli, courtesy Annie, orange for desert. Her food is nearly gone, then it is back to bread and rice.”

236. Although the above excerpts from my daily journal show my constant efforts, and occasional success in obtaining healthy food, especially fresh fruit and vegetables, the intermittent illicit delivery, (being allowed by the kind humanity of one prison officer), could in no way protect the immune system of a person of advancing years, and in an environment where infection was rife. In fact, the possibility of further supply was to stop on 19th April 2012.

INTIMIDATING INCIDENT, Friday 9th March 2012.

237. On Friday the 9th of March 2012, I was able to glimpse Henry Browne arriving at the prison, because of the proximity of cell 18 to the medical room, which was also used for lawyers to see prisoners. I called out to him to ask to see me which he did, and we met briefly. When he left, there followed a very intimidating afternoon. READ BELOW my daily journal for that day.

Friday 9th March 2012

3. Dr Browne turned up to see other prisoners. I asked him to speak to me which he did. He spoke only for about 15 minutes max. His focus is casual. He said he was seeing the DPP today about me and would revert on Tuesday. Huh. I’ll not hold my breath.

4. At 1.30 pm soldiers arrived. They had M16’s and proceeded to station some of the soldiers on the roofs over-looking the courtyard and the rest around the courtyard walls. They then brought out all 300 prisoners into the courtyard. I was with six others in the outer courtyard where only trustees are allowed, with a fence between us and the main courtyard. The prisoners with me wondered if, with all the M16’s, they intended to “bang” everybody and were making up their minds where best to run to if they started shooting. I did not feel this was going to happen, after all this is St Kitts not Libya. But, I can be very naïve – hence I’m here – so I did likewise and decided where to run.

5. Three men with balaclava masks came out of the upper office, when all the prisoners were out of their cells and assembled under the baking sun in the courtyard. These masked men proceeded to go to the cells with special search equipment. It was all very sinister. The soldiers with M16’s were joined by police with pistols and nobody in the courtyard was under any illusion as to what would happen if there was any trouble.

6. The seven of us in the outer courtyard were covered by the soldiers on the roofs either side and two police with pistols. Thankfully they did not make us go into the main courtyard where the heat got worse as the afternoon went on. The prisoners were there for three hours while the special operation people did whatever.

7. I heard that they found a phone but that could be gossip.”

238. After my meeting with Dr Browne QC, at around 1.30 pm, soldiers arrived at the prison. The soldiers had M16 automatic rifles and proceeded to be stationed around the prison courtyard and on the roofs over-looking the courtyard and around the top of the courtyard walls. The prison guards then brought out all 300 prisoners into the courtyard. I was with six others in the outer courtyard where normally only trustees are allowed, with a fence between us and the main courtyard. The prisoners with me wondered aloud if, with all the M16’s, the soldiers intend to “bang” everybody? Each prisoner was making up their minds where best to run to, if the soldiers started shooting. I also considered where to run, if they started to shoot.

239. Three men with balaclava masks came out of the upper office, after all the prisoners had been taken out of their cells and had been instructed to sit down on the ground in the center of the courtyard, in the baking sun. These masked men proceeded to go to the cells with special search equipment. It was all very sinister. The soldiers with M16’s were joined by policemen with pistols.

240. I was held in the outer courtyard, with six other prisoners, where we were covered by the soldiers on the roofs on either side and two policemen with pistols. Thankfully they did not make us go into the main courtyard where the heat got worse as the afternoon went on. I, along with the other prisoners, were held outside for three hours while the soldiers searched the cells and did whatever else they were doing.

241. I witnessed this employment of excessive military force and weaponry by the prison management on several occasions. Given the lack of appropriate training of these personal, it would have only taken a small spark in what was a powder keg situation to have resulted in carnage. In fact it is a matter of record that by management’s use of army personal, prisoners have been shot before. I have never been in a situation where I’m being guarded over with a loaded M16. I found it traumatic.

242. I drafted up a letter to Henry Browne over the weekend, after his 15 minute chat with me on Friday the 9th of March 2012, I was very concerned at Henry Browne’s inaction, as well as what I saw as human rights abuses against me by the prison. The undue use of military force and weaponry in conjunction with armed police in the prison, gave me premonitions of worse to come. I managed to get the letter to Henry Browne via the lawyer Chesley Hamilton on Tuesday the 15th of March after Chesley came to speak with prisoners. I stated in my letter my concerns regarding a number of issues and I asked Henry Browne to address these concerns to Scotland Yard, via Calvert Solicitors in London “because I have lost all faith in the ability and propriety of the St Kitts Police Force.” I quote my letter in full verbatim below :

Monday 12th March 2012

Dear Dr. Browne,

Thank you for speaking with me briefly on Friday morning (9thMarch). I look forward to your formal response on my short 7 point agenda and the overview notes that I gave you.

I am totally innocent and yet I have been incarcerated now for 70 days – ten weeks. Without evidence!! I am appalled that the magistrate was allowed to give the police a further two months to find some evidence, without this being strongly challenged by us.

Please confirm what can be done to protect my human rights which are being abused. In writing please so that this can be on record.

As you are aware my business is being destroyed, my staff traumatized and my property is being threatened by a financial gangster (Bilzerian) who is running from Federal Government IRS agents. Bilzerian is likely behind some or all of the reason for my incarceration. I have been and still am in a bitter court battle with him. Please make the D.P.P. and the magistrate aware of this context and the circumstances surrounding my arrest. I strongly request that you also address these concerns to Scotland Yard who I have asked my civil lawyers in London, Calvert Solicitors to contact because I have lost all faith in the ability and the propriety of the St Kitts police force.

You concurred on Friday that my agenda point 7 was very true and so I ask for your commitment to address these concerns and to stop this injustice from going any further.

I understand that you were to have a meeting with the D.P.P. on Friday afternoon, please confirm that it happened and the response.

I also understand that you are to come back to me tomorrow Tuesday (13th March) with respect to the matter of the locks being changed on Golden Lemon preventing my staff from operating the business trading there. The police at St Paul’s (Inspector Henderson and his staff) took custody of the keys and have not returned them. We need to know why they have changed the locks or complain in writing, to the Commissioner of Police, if they allowed another party to do so.

These past ten weeks are the busiest time of the tourist season and we need compensating for the action of the police in causing us not to trade at Golden Lemon. If it was someone else who changed the locks (with or without collusion from St Paul’s police?) then the Commissioner needs to make arrests. This is a potential crime scene, as it is where Matt Murphy lived and someone could be covering their tracks. Please stress this urgently and clearly in writing to the Commissioner.

Thank you for your consideration,

Sincerely
Kevin Horstwood

243. CLICK TO VIEW an original copy of my letter to Henry Browne written on Monday 12th March 2012.

LIFE DETERIORATES, 19th April 2012

244. I had spent three and a half months in Cell 18. I suffered multitudinous abuses to my personal dignity on a daily basis. I was constantly and maliciously denied communications. Moreover, I suffered because I was denied access to healthy food.

245. However, cell 18 was very close to the prison entrance and facilitated the possibility that two particular compassionate prison officers out of 60 staff, might grant occasional use of their discretionary authority at a time when Superintendent Franklin Dorset and his assistant Ashida Connor, were not on site. This had been my only route for an intermittent morsel of healthy food and very importantly the occasional incoming call from David Hammer. In addition, I was not sleeping on the floor, but had a bunk in cell 18 with a piece of sponge on it to sleep on.

246. On the 19th of April 2012, during the usual Thursday remand session in front of a visiting magistrate, I told the Magistrate that I had not received ‘Official Disclosure’ by the 13th of April 2012, as ordered by the Court on the 20th of February 2012. I also told the Magistrate that I was concerned by reports, that were rife amongst prisoners, that police were fabricating evidence when they did not have any. Superintendent Dorset was there and heard my address to the Magistrate. He gave me a ferociously hostile stare.

247. A short while later when the doctor’s surgery finished Franklin Dorset told me to move out of my cell. He told me that my place there was taken by a lawyer who had been arrested in Nevis, and Franklin Dorset had just directed that he should be given my bunk, and that I was to be put back in cell 26. This was a disaster to me. Superintendent Dorset’s action on that day caused me great angst and in subsequent days I had to suffer the harrowing effect of my relocation.

248. READ BELOW my journal entry for that day.

Thursday 19th April 2012 Black Thursday, 110 days held.

1. Doctor day so I had to be in the yard all morning. When remand happened as usual, I had prepared a mini speech to address the magistrate — No disclosure happened! 110 days here, I asked for immediate disclosure, also said I was worried about police fabrication of evidence, and hoped that she would throw out the case at the P.I. I gave her a copy in writing. . .

3. At least she listened! Hopefully it sunk in. She said that she would check that my lawyer had been given disclosure. I made the point that not having heard anything from my lawyer, I presumed that I was acting for myself. If I hear nothing by next Thursday I must press again.

4. As soon as the doctor surgery was finished, I was told to move out of my cell. OH No!!

5. Some lawyer from Nevis has been arrested and is being given my bunk. Bumped by a crooked lawyer – again!!

6. I was put back in cell 26 where I was for the first 3 nights – nightmare, and no chance with xxxxx now!!!!! One roll and crackers for dinner.

CELL 26, Thursday 19th April 2012 to Thursday 19th July 2012

249. Cell 26, as most others, was full of tension caused principally not by the overcrowding, but mostly because of the fact that prisoners were kept locked inside for 23 hours per day, and locked in all day on Sundays. Add to this the constant routine denial of communications, whether it be with loved ones or lawyers, and the physical and mental abuse coming from the guards due to the mind set permeating from management, was a recipe for unrest.

250. In such cramped conditions as cell 26 my health suffered further, the tension among 41 people, living and locked, in cell 26, which is just 18′ x 24′, with no exit whatsoever from Saturday afternoon to Monday morning.

251. READ BELOW my daily journal entries.

Saturday 21st April 2012 112 days

2. My back continues to be painful!! My health is going down hill fast.

3. My chest infection did not leave and now is coming back stronger.

4. Had oats middle of the day and one roll for dinner.

5. Slept fitfully”.

Sunday 22nd April 2012 113 days

1. Was not let out all day except to grab afternoon roll.

2. Oats for lunch, one roll for dinner with Crix crackers and a warm cheese slice.

3. Very, very, very, very, very sad. If only xxxxxxx had at least taken the letter.

4. My back is very painful. I wonder if it will get better or if I will just go one way down. I remember the frightened look in my dad’s eyes when he said, “Or is this the end”. It was.”

Sunday 29th April 2012 Day 120

4. Another set of curt words with “Blues” who was trying to suggest that I had stolen some Milo from another prisoner. Became very vocal – I ended calling him a racist, which he is (he was openly vocalising this morning that all white people should be killed). I got much credit from the cell, for sticking up for myself. But it could have gone the other way.

5. This tiny cell 18′ x 24′ has 41 people living in it. Tempers are stretched. This afternoon Everett (clown) was ‘messing’ with another prisoner who pulled a knife on him. Everett deserved to get hurt, but the other prisoner showed great restraint. However, I noted one man’s comment that there are a lot of men here with, “nothing to lose”. The man Everett “messed” with is already doing life”.

CONVERSATIONS IN THE PRISON YARD

252. St Kitts is a tiny community, similar in population to a small town in UK or America. It is generally known by many in the community, who does what, especially in terms of something as significant as a murder. Very early in my incarceration, although I never discussed my arrest and charge, with other prisoners, I was told independently by several of them during conversations in the prison yard, “Look we know for sure, that you didn’t do it”.

253. When I suggested to some of these individuals that, if they did know, who did it, then they should tell the police, they would always laugh and point out that clearly the police wanted me in jail.

254. It was most telling to me, that two of those individuals even told me the contents of Matt Murphy’s wallet and the brand of his cell-phone, both of which were never recovered. Clearly those individuals had first-hand information.

255. It occurred to me that perhaps as already happens on ‘Crimestoppers’ programmes that it would solve the crime and facilitate my release if a reward were to be offered for information leading to the arrest of the real culprits. Moral justice for Matt Murphy even demands it. However, this was not an avenue that I ever received any support for, from any legal counsel that I dealt with, nor from the British High Commission, who are the most non-lateral thinking bunch that I have ever met.

P.I. IN THE MAGISTRATES COURT, Monday 30th April 2012

256. After over four months of no evidence, nor explanation as to why I was arrested on 31st December 2011, the P.I. (Provisional Inquiry) commenced in the magistrates Court at Sandy Point on Monday 30th April 2012.

257. The prosecution called many of my staff and even some ex-staff as police witnesses and tried unconscionably to press them to speak ill of their boss or ex boss. I was humbled by how much praise and support for me, that almost all of them threw back to the prosecutor, in the face of a barrage of untoward and leading questions. I wondered if employees in other firms would have spoken out that way about their MD.

258. The prosecution also called local residents, but there was absolutely nothing in what anybody said to support the charge against me. The prosecution did not produce any ‘eye witnesses’, despite Inspector Smithen telling me that there were “two eye witnesses” on the 2nd of January 2012. Further, the prosecution did not adduce any evidence related to blood that Smithen previously purported was found on my car.

259. During this P.I. process, whilst being taken to a further hearing of the Preliminary Inquiry at Sandy Point, on Friday the 4th of May 2012, I was ill treated by the escorting officer, Constable Chelroy Ceasar, who vindictively bruised my wrists.

260. The whole P.I. process was a stressful and demeaning experience. I was further dismayed by the total lack of care, or due performance, during the P.I. by my lawyer, and yet I still hoped that amid all the injustice I would be released as the innocent man that I was.

261. READ BELOW Entries from my journal made from the 4th to the 10th of May 2012.

Monday 30th April, day 121

4. NO EVIDENCE of any material nature!

5. After six witnesses magistrate adjourned until Friday. No more witnesses she said, but 3 police and a doctor to speak on Friday. So morally I should be freed. But what has my plight got to do with morals!! It has been totally unjust from day one.

6. Back at the prison by 5.15 pm . . . . .

7. Not sure what my chances are. Don’t want to get too hopeful because I see so much injustice all around me just drained.

8. Rock gave me one stale roll, which I had for dinner (he had already had one bite out of it, but it went down OK.)”

Friday 4th May 2012, Day 125 — “D day”

2. Ready by 7.30 am. Throat dry. Head aches. Muscle pain all over my body especially back and left elbow. Pain in front left chest — concerning. !!!

3. Hands cuffed behind my back for the journey. SO TIGHT that my circulation stopped, hands went numb. Asked the officer who did it (Ceasar) to loosen them, he refused. Wrists bruised and hands painful at Sandy point. Want to complain to the superintendent but know I will be victimised further by Ceasar if I do. Leave it for now Dude.

4. Henry Browne did not turn up all day!!! Really pissed!!! I was so hoping to go home. The magistrate adjourned it until next Friday subject to Browne’s availability. Like Alice in Wonderland!!!

5. Really down. When will this nightmare ever end.

6. Back at prison 5.00 p.m. Saw Crimmy for some cool water.

7. Thrown back in cell after 5 minutes.

8. Exhausted. Devastated. So disappointed.”

Saturday 5th May 2012, Day 126

1. Another week in this stinking hole. Unnecessarily.

2. Hope I see Mr Harris this morning. I will try to get back in the other cell.

3. Just noticed Romany is in my old cell again . . .

4. Monday is a holiday, Labour Day – and so I expect I’ll spend most of the next 3 days locked in the cell.

5. Locked in all day. Saw Mr Harris this afternoon through the bars . .”

Sunday 6th May 2012, Day 127

1. Abuse continued from “Blues” next door bunk. Kill all white people. “slavery” Queen is a whore, etc.

2 Black biros ran out . . . .

3. No chance of getting out of the cell today. Refused recreation by Ham, he’s just barbaric!!

4. When Harris is not here it is abuse the white man time!!

5. Rained this afternoon so very close in the cell. My chest bad. . .”

Monday 7th May 2012, Day 128

1. Tried to get out for recreation. Refused again. Small Brown this time.

2. Third day in the cell. Not unexpected but body feels rough. Pain all over. What did I ever do to deserve this. . . “

Tuesday 8th May 2012, Day 129

1. Alleluia!! MR Harris here. Got let out by him a 9.00 a.m.

2. He said Dr Browne would be there on Friday. I hope he’s right It still does not mean I will be freed but if Dr Browne bothers I will be. No faith in that though, or this sinister system. I’m ‘The Willow Man’. . .”

Wednesday 9th May 2012, Day 130

6. Could not sleep. Thinking about Friday. Pray Dr Browne turns up.”

Thursday 10th May 2012, Day 131 . . . .

5. Tired. Apprehensive about tomorrow. Hope Kyle has D. Browne lined up? Not heard from either of them. . . .

7. For dinner, the last of my oats.

8. What will tomorrow hold will I ever see my Rawlins family again?”

THE FABRICATED STATEMENT, Friday 11th May 2012

262. On Friday 11th May 2012, I was taken to Sandy Point Magistrates Court for what I hoped was the conclusion of the P.I. and my exoneration. Sadly, it was not to be so.

263. I had heard first-hand reports from many prisoners since my arrival at Basseterre prison, of the proclivity of St Kitts police to fabricate evidence on a remanded person if they had none. It was also alarming to me that the names Smithen, Glasgow and Morton were synonymous with such practice.

264. It was abundantly clear to me by the circumstances of my arrest that I was already the victim of improper conduct by the police, and so I was very, very worried by the weight of these first-hand reports.

265. However, I kept telling myself that perhaps the reports were exaggerated and partly speculation, and that all the deprivations and injustice of the jail regime, was making me fret needlessly.

266. When I was brought up from the cells in Sandy Point Magistrates Court, Henry Browne was there, in the Courtroom. I was a little relieved, but it transpired that he did not have good news for me. He said, “I have just been handed a copy of this”. He motioned to a document in his hand. I asked unwittingly, “is it good or bad”? He said, “It’s terrible”.

267. Dr Browne QC had just been given, – for the first time – a copy of an alleged confession statement, which Charles Smithen then proceeded to claim to the Court, that I had given to him over four months ago on 1st January 2012.

268. I was shocked. Even after warnings from fellow prisoners, I had never really expected such barefaced prevarication.

269. I immediately stood up and told the magistrate that Charles Smithen was lying. She did not want to know, and I was told to sit down. Charles Smithen then proceeded to hatch and elaborate on his tale of my alleged confession to him, whereupon PC 405 Greg Glasgow, got up and told the Court that he was a witness to it. The frame up was complete.

270. After Smithen’s testimony, the crown prosecutor asked the Court that the final P.I. hearing should not be held until the end of June, saying that the police wanted to send forensic evidence to USA. I had already been incarcerated for more than four months, and I felt that this was just more wilful delay as there was no forensic evidence.

271. I was further disconcerted by the fact that Henry Browne did not challenge the prosecution nor make objection to the requested delay, in fact his utterances seemed to actively welcome it. I wondered ‘whose’ side he was on, but had no doubt from that moment, that it was not mine.

272. When I got back to the prison my journal records that I was “numb” with shock and anger at the injustice which had just been done to me. I slept only by warrant of traumatic exhaustion.

273. The weekend was spent trying to come to terms with the injustice of Friday the 11th of May 2012. READ BELOW my journal entries.

Saturday 12th May

1. Not let out until late morning. Call from Kyle (via Mr Harris) Lovely to speak to him. I cried. Pray he can help somehow. . . .”

Sunday 13th May

1. Locked in all day. Ham in charge. This is inhuman.

2. Wrote letter to Kyle . . .

3. Slept a lot. Feel like I’m slip sliding away in Alice in Wonderland. .

274. I was frightened and daunted. I had no real legal support, and worst of all communication with the outside world to get help to defend myself from the injustice, was in theory impossible, and even with my extreme tenacity hardly viable and balefully slow. READ BELOW my reflections in my journal.

Sunday 27th May 2012

1. The days roll around. Convicts roll call 6.15, remands soon after.

2. Try to get a shower

3. Breakfast 7.45 (2 rolls)

4. Locked in until 12.30 – lunch – (rice)

5. Locked in until 4.30 – tea – (1 roll)

6. What hope? Trying to keep focussed. . . .

8. Lights out at 10.00 pm – very sad. Have flu for last 3 days, body is so tired. Pain everywhere. Does anyone care? Will anyone care enough to help?”

MALNUTRITION CAUSES PHYSICAL DETERIORATION

275. At this time I did not have enough funds to buy regular food from the commissary to sustain me. The jail rolls, (being two for breakfast and one for dinner) had next to no sustenance in them, being basically starch, as was the rice at lunch (which was hardly fit to eat). Both in any event gave me painful heart burn if eaten on their own, and so I was existing on a breakfast of a little of the bread with a Kraft cheese slice, when the commissary had stock, (and I had funds to buy), together with a lunch of a little of the awful congealed rice, with a small tin of sardines when the commissary had stock, and I had funds to purchase.

276. After five months in jail, I had by now lost one quarter of my body mass and weighed less than I did 40 years ago as a teenager.

277. I could only buy meagre food items which were sold by the jail commissary department, when someone visited me at the jail, and put money onto my commissary account. By this time in 2012, my staff could not help me because they had been forced to close Rawlins Plantation Inn. Without the weddings and functions that I usually organized at Rawlins during the slow season, the business was not generating enough income to pay their wages. On Wednesday the 30th of May 2012, my good friend Carlos Noboa, at that time the front desk manager at Four Seasons in Nevis, got permission for a 10 minute visit and then left USD $50 on my commissary account. This turned out to be critical to my well-being at that point.

278. Through a combination of infections and lack of healthy food at this time, my metabolism was on the verge of failure. I had a painful chest and a protracted flu like condition.

279. On Thursday the 31st of May 2012, I blacked out in the cell. The cell floor is concrete and so I hit my head hard when I collapsed. I was unconscious for a short while, before being brought around by another prisoner. I was taken to the doctor, barely able to stand. The doctor was luckily at the prison, it being a Thursday.

280. The doctor was unsympathetic, blaming me for not eating meat. He said that he would take me to hospital for checks after I had seen the magistrate (every Thursday the local magistrate came to the prison to further remand all the non-convicted prisoners).

281. A then prisoner in cell 26, one William Gift, brought me around after I blacked out. Also, Richard Ferlance, a then prisoner in cell 26, held me up, to stand on my feet on 31st May 2012, at the regular Thursday morning remand hearing in the jail, and then helped me into, and out of prison transport, to hospital on that day.

282. A short time later, I was called before the Magistrate Mallalieu. She asked why I needed another prisoner to help me stand up. I explained that I had flu and a chest condition, and had blacked out in the cell. I also explained that I did not eat meat and was not allowed to have fresh fruit and vegetables brought to me. Superintendent Dorset overheard the conversation because the remanding process is carried out near his office, and he came out of his office, most annoyed.

283. After the Magistrate pronounced me remanded, Superintendent Dorset called me back down to the doctor to impress on him that I was not allowed to have any food brought in, and that he did not like me complaining to the magistrate. I said that I was explaining, not complaining. Superintendent Dorset said my “head had so many things in it that it was becoming a mental situation.”

284. This alarming comment reminded me of a warning, from one of only two compassionate prison officers, who told me: “Kevin don’t let your health get too low or they will get you categorised as a mental case”. At the time that the officer gave me this warning, I was bemused and not sure if to really believe it, but now, I was terrified. This was because I had seen first-hand that prisoners categorised as “a mental case” were moved to a particular cell and forced to take medication.

285. The doctor took me to the hospital, where I was told that I had an infection and I was prescribed antibiotics. I had a massive bump on my head where I hit the floor and they gave me paracetamol for the headache.

286. I went to bed as soon as I was brought back to the prison, hoping that there would be no further effects from the fall. Thankfully, the next day, I was only suffering from aches and pains.

287. READ BELOW my journal for 31st May 2012.

Diary for 31st May 2012. Thursday

1. Up in good time 6.30 am. Waited in shower in queue. Suddenly. Blacked out. Hit head hard on concrete floor. Knocked out. A prisoner brought me around. Went out for air. Very little sympathy . . . . my fault for not eating properly . ??!! Today conveniently is doctor day. Saw him. He said, “hospital to get cured”, but my fault for not eating meat?!!. Saw magistrate Miss Mallalieu. She asked why I needed another prisoner to help me stand up. Explained, I had flu and chest condition and blacked out. Explained I did not eat meat and was not allowed fruit and veg’ from the hotel. Mr Dorset overheard and came out of his office – he was not happy. He called me back down to the doctor to impress on him that I was not allowed, brought in food, and that he did not like me complaining to the magistrate. (I was explaining not complaining). Dorset said my “head had so many things in it that it is becoming a mental situation. . . . . . . .” That sounds scarily like what Mr XXXXX warned me, several weeks ago, he said “Kevin don’t let your health get too low or they will get you categorised as a mental case”. I was alarmed, and not sure if to really believe it, but now . . . . . . . I am just terrified. I just pray for justice. When and where will it come from?! Got taken to hospital a couple of hours later. They did not take blood pressure or my temperature. They took blood. They said I had an “infection” They prescribed (prison doctor came) Paracetamol and antibiotics. Got back around 1.30 p.m. Had Ribena from Ibor, thanks to Carlos. Got left out until around 4.00 p.m. Showered, went to bed. Massive bump on my head, which hurts very much. I imagine in UK I would be kept in for observation, I hope no internal damage. I guess if I wake tomorrow, I’m OK?”

288. Thankfully, I did wake up the next morning. READ BELOW my journal entry for the next day.

Diary for Friday 1st June

1. Woke up. Thank God. Head hurts of course. Lots of aches from the flu. Made myself get up. Bedding is saturated with sweat. So must get Braithwaite to wash it. Could not get in shower so had a basin wash. Got out when door was opened for roll call. Braithwaite said no problem – great guy! Gave him a ‘roll-on’ thanks to Carlos.

2. Stayed out getting fresh air, had cheese with breakfast rolls thanks to Carlos.

289. In the first week of June 2012, I slowly pulled through that infection, helped by the funds from Carlos to buy food, and also helped by a little smuggled fruit from a fellow prisoner, George Welsh aka Nadi. READ BELOW my journal for the 3rd and 4th of June 2012 records the start of my climb back from this poor physical condition:

Sunday 3rd June 2012

1. Locked in all day as usual on Sundays. Health is improving, thank God and thanks to Carlos.

Monday 4th June 2012

3. Was given bananas today by Nadi [sketch of smiling face] Great with oats. Getting stronger”.

290. On the 6th of June 2012, my fellow prisoner Richard Ferlance gave me the contact details of a renown British lawyer, Saul Lehrfreund who works at the law firm Simons Muirhead and Burton (“SMAB”). On the 7th of June 2012, I wrote to Saul Lehrfreund regarding my false imprisonment.

291. I hoped that my letter would get through to Saul Lehrfreund in time for him to help at the next hearing of the PI, but I found out subsequently that my first letter never reached him. I had not heard from him by the 25th of June 2012, the return date for the final PI hearing. I was then informed by the prison that Dr Browne was not available and that the police wanted more time, so the magistrate had adjourned the PI hearing to the 30th of July 2012.

292. This adjournment was demoralizing to me. I was a totally innocent man. This arbitrary delay accentuated the denial of communication that I was suffering together with the abuse of my statutory and Constitutional rights. It accentuated the lack of accountability of my lawyer, it prolonged the enforced degradation of my health because of inadequate food, and the imposed inhuman living conditions leading to frequent infection. I was perforce living on the edge, with no support what-so-ever from the system. No wonder so many prisoners in there give up. Somehow, I kept going.

A WHITE KNIGHT VISITS, Tuesday 26th June 2012.

293. On Tuesday 26th June 2012, I was visited by a man called Dan McMullin from the organisation ‘Operation Future’ Dan is a Canadian national, living locally. Operation Future was becoming involved in trying to help to provide useful training and education to prisoners in Basseterre jail. My situation had been brought to the attention of Dan by a fellow prisoner. Dan was appalled by what had happened to me and promised to contact Saul Lehrfreund, and to advise him of my plight. Dan understood what could happen in St Kitts under the then administration, he empathised and was committed to assist. I was very grateful and heartened after so many disappointments.

294. Dan visited again on Thursday 5th July 2012. He brought a document sent to him by the London law firm of Simons, Muirhead and Burton, where Saul Lehrfreund works, for me to sign, requesting their intervention in my case. I was very happy to sign it. However, I note that my journal describes how, on that brief second meeting, Dan was dramatically different in his demeanor and on edge the whole time. I was certain that he had been discouraged from assisting me any further than he already had, by someone in the prison regime. READ BELOW my journal entry.

Thursday 5th July 2012 – visit by Dan McMullin

2. Dan came – great!! – but he was very cold, someone has poisoned the relationship – must be police or Dorset. He had a document to sign to progress the UK lawyer – great . . . He was very brief and curt – very concerning!!”

A VISIT BY A UK LAWYER: Saturday the 14th of July 2012.

295. On Thursday the 12th of July 2012, I was taken from the cell to the administration block, to take a call from the British Consul in Barbados, Danielle Millington. She told me that I would be receiving a visit from a lawyer called Julian Knowles, at the request of Saul Lehrfreund. The visit would be on Saturday the 14th of July at 4.00 pm.

296. I spent the rest of that day, and the next Friday the 13th of July, and up until 3.00 p.m. on Saturday the 14th of July, drafting details of what had happened to me and relevant information to give to Julian Knowles. Julian Knowles came at 3.50 p.m. We went right through everything. Our meeting lasted until 7.00 p.m. The approach of Julian Knowles who turned out to be a Queens Counsellor working out of Matrix Chambers, London, displayed a paradigm difference in professionalism to other lawyers that I had met. He listened. He was respectful, he took notes and after he left, he followed through with the commitments he gave.

THE WRATH OF DORSET, Thursday the 19th of July 2012.

297. Superintendent Franklin Dorset had walked into the meeting with Julian Knowles on Saturday the 14th of July 2012. It was very, very unusual that he should be at the prison on a Saturday. Obviously, he had come in to work specifically to see who Julian Knowles was. Julian and I stopped talking as soon as Dorset entered the room. The air was electric, I felt that he was furious that I was getting a visit from a UK lawyer.

298. I had learned by this time, that in prison it is safest, in every way, to be “below the radar”, to be, if possible, “invisible”. However, this was basically impossible for me. I was the only white man out of around 350 black prisoners. I was also determined. Determined not to be abused by crooked police and an apparently corrupt administration, and determined to get out, and back to my Rawlins family. That put me right in the cross hairs.

299. Franklin Dorset was still annoyed at me for, as he called it, “complaining” to the magistrate about the lack of adequate food. He had subsequently referred to it several times, and had posited that, because I did not eat meat, then I must be “mentally” unstable.

300. On the Monday after the visit of Julian Knowles, Monday the 16th of July, 2012, my journal records a lump “like a boil” having formed on my head and as being very painful.

301. On the 17th of July 2012, my request to see a doctor was refused. By the 18th of July 2012, the lump was weeping fluid. I asked for a dressing but did not receive one.

302. I finally saw the doctor on the 19th of July 2012. He diagnosed the lump as an abscess and said that he would get antibiotics for me. Later that day, I was summoned by Superintendent Dorset for a call from Maria Clark at the British Consul in Barbados. She asked me about the lump on my head which had been seen by British Consul Sarah Percival at her recent visit, and had been mentioned in her report. As Superintendent Dorset was listening in to the call, I told her that I had received medical treatment and that everything was fine.

303. When I finished the call, Superintendent Dorset took me out in front of some officers, who were with approximately 30 prisoners. He derided me and insulted me. He said that I had complained about conditions, and that I expected to be treated better than other prisoners. He shouted and belittled me. He scoffed that I was seen writing every day when I was only allowed one letter per month and no faxes. Superintendent Dorset then told his guards to move me to cell 7 on death row.

304. After hearing what Maria Clark had said on our call, which was on the hands-free speaker, Superintendent Dorset called me a “dangerous man”, as he paraded me in front of the officers and assembled prisoners. He accused me of complaining to the BBC, which was not true. He shouted and screamed and tried to whip up resentment against me, from his staff and other prisoners, as a complainer who wanted to get himself better treatment. I was very humble, when I responded to his shouting, in a voice of calm and polite humility, I said that I did not want better treatment just for myself, I wanted everybody to have better treatment and to receive their Human Rights. He went berserk.

305. I find it peculiar now that at such a time of immense stress and in such a threatening atmosphere, how much clarity of mind, I was able to muster. My response was so simple and so honest, yet it had the effect of pouring petrol onto a bonfire.

306. Franklin Dorset displayed a temper tantrum which one would ordinarily associate with a child. He lashed out with verbal insults towards me. I was a defenceless prisoner. He was displaying a gross unsuitability for the leadership role that the then Prime Minister, had given to him. It was unsurprising that his staff had little respect for him, and that on several occasions I overheard them speaking derogatively about him when he was not present.

307. READ BELOW my journal entries for those days.

Tuesday 17th July – in pain doctor visit refused.

3. Head hurts and the lump on my head was weeping fluid last night. Asked XX for a doctor, he refused. No oats in stock. Bed early, feeling sad and in pain”.

Wednesday 18th July 2012 – lump very bad.

1. My lump is weeping lots of fluid, hair matted. Asked Solis for a dressing but it did not happen. Will definitely have to see the doctor tomorrow.

2 Sarah Percival came – so someone is making waves! – good. Gave her letter to Melanie. . . .

4. Was given 2 bananas by Nadi. Wish my head felt better, no painkillers left. Bed at 8.00 pm”.

Thursday 19th July 2012

1. Went out at breakfast. The usual remand. Saw the doctor this morning. He diagnosed the lump as an abscess. He treated it (squeezed it) Very painful. Felt nauseous!! He said he would get antibiotics for me. I hope that it will clear up and he is correct in his diagnosis. Don’t trust him.

2. I was summoned by Dorset after lunch. There was a call from Maria Clark at the British Consul in Barbados. She wanted to know about the lump that I had “reported” to Sarah Percival. That is a stupid thing to say, does she not know Dorset is listening. I could see Dorset was not happy. I told her I had had treatment and that everything is fine.

3. After the call Dorset took me in front of his officers and around 30 prisoners to belittle me and insult me. He said that I had complained about conditions, he said I expected to be treated better than other prisoners. He shouted and was generally insulting. He scoffed at the fact that I was seen writing every day, when I am only allowed one letter per month and no faxes. Then he sent me to condemned cell 7 on death row …”

308. I learned later that day from other prisoners, with friends on the outside, that in fact the BBC, had put something on the BBC website, about my incarceration. Presumably they got information from SMAB or the British High Commission, I have yet to find out which. I only saw a copy of the article, in 2016 after my exoneration and release in November 2015. Clearly though, by the narrative contained in the article, the BBC must have called Dorset for a comment, this would have enraged him. Dorset’s outrageous and totally unwarranted retribution on me, and his allegation of my report to the BBC, only served to raise the profile, of my alleged complaint about treatment in the prison. In fact, it would have better served Dorset’s position if he had ignored it.

309. I instantly gained an unwanted notoriety as a dissident. Sadly, from that point forth many prisoners who had previously been convivial towards me, were now either too frightened to be seen talking to me, or decided, that it was an unnecessary risk to themselves to do so.

310. In terms of the guards, it was clear to them, that it was now open season on Kevin, and that the more they brutalised me, the more they would be applauded by their boss Franklin Dorset.

CELL 7, Thursday 19th July 2012 to Wednesday 12th December 2012.

311. Cell 7 is on ‘death row’. So called, because it is a row of cells, in the back of the prison, at the end of which is the hanging chamber. It is separated from the rest of the prison by a steel partition, through which only prison guards and trustees are allowed to pass. This row of cells, numbered from 6 to 11, are used as segregated punishment cells and are even smaller and more unpleasant than other cells. They don’t even contain bunks, prisoners sleep on the floor packed in like sardines. The prevalence of ants, centipedes, mosquitos and cockroaches there, whilst generally a problem throughout the whole prison, was very much higher in this area. We even caught a rat one night and had to dispose of it.

312. A prisoner called Everson Mitcham who being condemned to hang, was in cell 6 next to the hanging chamber. I was sent by Franklin Dorset to cell 7, the next cell along the row. Apparently, Mr Dorset was making a point by putting me there. Cell 7 is tiny, being only 8ft wide by 10ft long, and there were four of us living in there. Cell 7, as with the other six cells in that row, has no window and so no daylight, those cells have no ventilation and no electric light. The only light of any kind, was that which found it’s way in from a single electric fitting in the corridor outside of the cell, and which was on 24 hrs per day. The air was stale and stifling.

313. I had done nothing untoward to deserve punishment. I was never given any formal reason for this punishment, except my alleged complaining. Most prisoners that were sent to this row of punishment cells, were sent there for a few days or a short number of weeks at most. I was put there at ‘Mr Dorset’s pleasure’. I was not taken out of there for five months. It was this time in cell 7 which produced some of the most damaging effects on my health.

314. The light which found it’s way into cell 7 was barely enough to see to write a letter, but somehow I managed. I had received a letter from a couple in UK, Mr & Mrs Taylor, (Melanie and Alastair) who in November 2011, had been guests at Rawlins Plantation Inn, for their two week holiday. CLICK TO VIEW , holiday photo of Melanie & Alastair at Rawlins with me, taken in 2011. When they heard in the press that I had been arrested they wrote to me, certain in their own minds, that I was innocent. They were right, and I appreciated their support. In my tiny new cell, I now wrote to inform them of my worsening plight. READ BELOW my letter to them written on the 20th of July 2011.

Friday 20th July 2012

Dear Melanie and Alastair,

Unfortunately, life took a nose dive yesterday. It started bad and got worse. Firstly a painful lump which had appeared on my scalp five days ago was diagnosed as an abscess by the prison doctor. He took action on it to remove fluid – which almost put me into shock with the pain. He prescribed antibiotics for it but they have not arrived yet and it has swelled again.

Then, I was summoned before the prison Superintendent (Dorset) and his senior officers. Someone, I presume the British Consul office, had done the one thing that I warned Sarah Percival NEVER to do. They had complained to Superintendent Dorset on my behalf, quoting me. I told Sarah that this would have grave consequences for me!

Dorset was irate. Furious. He belittled me in front of his officers and then took me out and did the same in front of about 30 prisoners. He called me a “dangerous man”. He also reminded me that I was only allowed to send one letter per month and no faxes or calls. So “ why was I seen writing every day?” He then sent me to a “condemned cell” on death row.

Has the consul office gone nuts? Why did Maria Clark call earlier to enquire about the swelling that I had “reported” on my scalp. Does she not know that the Superintendent was sitting in front of me – how can I answer questions about my health or conditions here when calls are supervised. All this does is get me into trouble as a “dangerous complainant”.

The consul office seem to have a shallow “rose tinted“ policy of limiting their vision to treating my health, which is the same as telling a man locked in a burning building that they will treat his burns, but they will not put out the fire, or unchain the door. Their policy is counter productive. They have the most power of anyone. Sanctions, loan withdrawals etc. If I was an American, a Navy seal team would have been here, well I am not an American (and definitely do not wish that I was) but I need the Consul to focus on the lies being told by the police and the fact that the head of CID here (Smithen) charged me personally and lied about having evidence, which has been proven in court, and yet NO ONE is taking him to task about it!

Either Smithen was paid by the American “shark” Bilzerian OR Smithen was told to do this by his boss, the Commissioner C.G.Walwyn (who is an American cop born in St Kitts). Why does the Consul not get MI5 to investigate if Bilzerian knew Walwyn in America? Somewhere along the line the truth will come out. Ask Saul to speak to a lawyer in America called David Hammer, David has lots of background on the situation here. He flew to St Kitts when I was arrested to tell me that it was caused by Bilzerian who is trying to take my property. This was already obvious to me. That is why I told the Commissioner about a visit made by Bilzerian, two days before Matt disappeared and Bilzerian’s threat at that time to get rid of me. I drafted a full record of this and passed it to David when he visited. I believe he has sent it to Kyle.

David knows details of Bilzerian’s efforts to “cozy up“ to government ministers here including the PM and Bilzerian’s desire to get citizenship here, away from the IRS and Federal Government who are chasing him. I cautioned the Prime Minister about him including his close connection to Vernon Viera. I thought the PM was my friend, but I’m far from sure now.

I did have a call on my Blackberry from the PM on the morning of 31st December 2011, the day after Matt was found. I asked him to come over to see me (he only lives half a mile away) I was going to let him know about the Bilzerian visit too, because I was not impressed by the intellect of the new Commissioner C.G.Walwyn, and so I wanted to make sure that someone higher up knew. The PM said that he would be there in 30 minutes but he had not turned up over two hours later when I was asked by Smithen to go to St Paul’s police station to make a statement about the “visit” by Bilzerian . . . .The nightmare began.

I hesitate to speak about my conditions now, but brief details are as follows, only relay them to persons with enough “sensitivity” not to make things worse for me.

As I mentioned I am in a condemned cell (number seven) on “death row”. It is 8ft wide by 10ft and has three other men in it, as well as me. The small window is bricked up and so there is no direct daylight. It is very, very hot in here. There is just enough light to write from the single electric fitting which is on for 24hrs per day. There is no clock. The walls are stone, damp and crumbling. Food is passed through the bars in the door and there is no leaving the permanently locked cell except for a lawyers visit. So absolutely no opportunity for getting letters out through friends or for getting permission for a phone call. That makes me very sad. Things were going well in that direction – thanks British Consul.

I am not in any immediate danger from the other prisoners in the cell, in fact these three (all in early twenties) are quite respectful. They consider me “crazy brave” for speaking out about conditions. I tell them about the cat in “Alice in Wonderland”, who said “you must be mad or you wouldn’t have come here”. I’m actually not brave. I’m very concerned. How long can I endure this? My opportunity for food is more limited now – thanks again British Consul – and the guys here have told me what treatment to expect for what I have said. I am bracing myself. I expect they will take my pen at some point so if you do not hear from me, do not assume the worst, just please help Saul and Julian to hurry. Please tell the Consul, do not focus on complaining about the “burns” – for morality sake put out “the fire” (police lies) and focus on getting my release.

The guys here believe that I will never be released, after speaking out, but I have faith in Saul and Julian. I am in their hands now.

Try not to worry, I’m so grateful for your support, I pray to have a life again and see you both soon.

Love Kevin

315. By late July, I had developed another abscess on my head which was very painful. I was very grateful to a prisoner from my previous cell, who smuggled a piece of Aloe Vera to me. It helped, as I was not given any antibiotics or other medicine at this time. READ BELOW my journal entry

Sunday 22nd July 2012

1. Totally out of ink in biro’s because I wrote two long letters, one to Melanie and one to Saul. Hope I can get ink from Angela. Aloe Vera helped my abscess.

3. Totally out of contact with the rest of the prison. Two of my cellmates are now aggressive and intimidating towards me. Having to stand up for myself robustly.

316. During the early morning of 23rd July 2012, I wrote a further letter to Melanie and Alastair, hoping that I would get a legal visit to be able to forward it. READ BELOW my letter.

Monday 23rd July 2012

Dear Melanie and Alastair,

My fourth day in “the box”. It is very hard. And so hot. I am keeping track of time by writing each day. No anti-biotics yet. My abscess is painful. It is discharging blood now as well as fluid. But do not tell the consul. If the anti-biotics do not turn up please get Angela Innis to bring some from my doctor in Independence Square and then give them to me without the guards seeing. Angela seems to have the guts to help.

A prisoner from my previous cell (number26) smuggled two carrots and a piece of aloe vera to me this morning. It is humbling that such a risk should be taken on my behalf. It will never be forgotten.

It is day 30 for one of the men in the box with me. I hope they let him go back to the regular cells soon. He’s 24 years old and previously very fit, but enough is enough. He has the 1000 yard stare, as do many prisoners here. The guards don’t want us to be fit or healthy. Deprivation of health and spirit is a purposeful part of the oppression in here. And the reality is that only fictitious people like “Rambo” are not afraid of it. The regime relies on fear to suppress comment about human rights and abuses by this jail and the police. Please ask Saul and Julian not to accept any “bullcrap” from the police and Dr. Brown! I pray that Saul and Julian can get the fake statement thrown out and get me released at the P.I. stage. If the case goes to High Court my chances diminish.

I bought sardines and Kraft cheese slices yesterday, but there has been no Quaker Oats to buy for over a week. Also in my new “residence” I do not see the trustee who deals with purchases unless he comes to check on us. I have enough sardines and cheese for three days. Ideally I try to have one tin of sardines, one Kraft cheese slice and half a cup of Quaker oats each day. We get 3 white bread rolls and a half bowl of white rice (disgustingly congealed) issued each day. My metabolism seems to be stable as long as I can maintain this intake but I am concerned as to the effect on my body of all the starch in the white rice and rolls, day after day, month after month. Is there any advice from a dietician?

Please thank everyone for their support. I miss you all so very much.

Love Kevin

317. Many of the prisoners in this part of the prison were of a different character to the ones in the general part. Some were ‘disturbed’ and some were plain violent. It appeared to me at that time, that Franklin Dorset was hoping that, if the conditions did not kill me then an encounter with another prisoner would.

318. On the 23rd of July 2012, two prisoners in cell 7 tried to rape me. I managed to fend them off. I called for a prison officer, but no one came. My entry in my journal on the 23rd of July 2012, records the attempted rape. READ BELOW my entry.

Monday 23rd July 2012.

1. Angela came. Letter from Saul. Confirmed her retention but asked for Julian as trial lawyer. Hope that can be arranged. Gave her my letters

2. Tonight two of the other prisoners in the cell tried to rape me. Fended them off – Very concerning. I will have to report it!! Called an officer but no one came. Dangerous here.

319. I reported the attempted rape to Sgt Pemberton on the 24th of July 2012. Nothing happened. I spent the day locked in cell 7 with the two prisoners who tried to attack me, and who were very verbally aggressive towards me.

320. On the 25th of July 2012, the two prisoners who tried to rape me were moved to the cell next door after I reported the matter again. This time, I reported the attempted rape to a fellow prisoner from cell 26, who brought it to the attention of Mr “big” Brown, a senior guard. The two prisoners then threatened me, that they would do me harm.

321. My journal continues for the two days of Tuesday the 24th of July 2012 and Wednesday the 25th of July 2012, which record the lack of action by Sgt Pemberton and the threats by the two perpetrators. READ BELOW my journal entries.

Tuesday 24th July 2012

1. Reported the attempted rape to Pemberton – nothing happened!

2. Locked in all day again. My head is getting many more spots – concerning! The abscess is on the mend, I wonder what did the most good, Aloe Veria or antibiotic? When I see Riki again I will ask him about reporting the abuse.

3. The other two prisoners are very verbally aggressive, will report them come what may.”

Wednesday 25th July 2012

1. Abscess continues slowly to improve, but lots of spots – very concerning.

2. Reported the attempted rape at Riki’s advice – they moved the two prisoners to the cell next door. They are threatening so better watch my back!

322. By late July 2012, I remained very worried about getting committed legal representation and a fair trial if I were to be indicted on the fake confession statement presented by Inspector Smithen at the previous PI hearing. I also continued to worry about the serious health problems that I was suffering due to the conditions in cell 7, sleeping on a stone floor with no mattress, and the lack of adequate food.

323. The date set by the magistrate for the final hearing in the Preliminary Inquiry was fast approaching and I hoped that SMAB, as they had suggested, would arrange to retain a local lawyer, called Angela Inniss, to apply for an adjournment of the P.I. pending expert examination of the fake statement tabled by Inspector Smithen.

THE FINAL HEARING OF THE P.I.: Monday 30th July 2012.

324. The final hearing of the preliminary inquiry was held on the 30th of July 2012. My lawyer Dr Browne QC did not attend. Instead, he sent a message saying that he could not attend but that the case could continue.

325. The magistrate refused my request for an adjournment.

326. The magistrate’s notes made during the final hearing of the P.I. record, in her own handwriting, the submissions that I made to the Court on that day of Monday the 30th of July 2012, in the absence of my lawyer. Although I was, and still am, a complete layman, my submission undeniably amounted to a no case submission. I even used the words “no case”. CLICK TO READ the Magistrates notes made during this final P.I. hearing on the 30th of July 2012.

327. In spite of my submissions and the lack of any admissible evidence, the magistrate indicted me solely on the basis of the fake confession statement.

328. On the 31st of July 2012, I terminated my retainer with Dr Browne QC after his repeated failure to attend at the P.I. and his failure to give due care to his client.

329. During the subsequent three years of my incarceration, I repeatedly submitted to the Court that I was falsely indicted. For example, I raised this issue in my written submissions filed in Court at 9.18 am on the 1st of October 2015. By then, I had acquired and read a copy of Dana Seetahal’s book “Commonwealth Caribbean Criminal Practice and Procedure” (4th edition) and I was able to point to the learning on page 168 of her book, which supported my long held belief that the Magistrate erred in indicting me solely on the fake statement, which was “inadmissible evidence” within the terms of the SKN Evidence Act, 2011. At no time during the whole of my unlawful incarceration did the prosecution ever refute my assertion.

THE LIVING DEATH OF CELL SEVEN

330. To be in cell 7, is to be out of sight and contact with the rest of the prison, as well as incommunicado to the world. As one prisoner stated, “a living death”. The meagre ration was delivered through the bars of the cell door, there was no getting it from the food queue in the yard, as is the routine in other cells, which are consecutively unlocked for a few minutes so that each prisoner can file out, to collect his bread roll or rice from the food table in the prison yard. Those fleeting minutes each day collecting ration also meant that one could exchange a word or a nod with a prisoner from a different cell or even pass on an order for commissary food, if one had funds on account.

331. For the first two weeks in cell 7, I was also not taken out to have a short daily recreation in the cell yard as all the other prisoners in the punishment cells were, (except Everson Mitcham the prisoner due to hang). By the time that this supposed “privilege” was reinstated, my joints were sore from living on a stone floor with no respite, and my eyes were struggling to focus in daylight. The first time that I was allowed recreation I saw a group of trustee prisoners butchering monkeys for eating. I found this profoundly disturbing. They were big monkeys, around the size of young children. To me this was no different to murder and cannibalism.

332. For me, food that my own stomach could accept, was an ever present problem. READ BELOW my journal entries for those days.

Saturday 4th August 2012

1. No cheese slices, no garlic, no sardines, no crackers, no money. Sad and frightened.

2. Lunch was rice as usual, but without sardines, I just ate a few forks (my plastic fork is surviving well) and threw it. It was congealed solid and absolutely disgusting!!”

3. Got Rec’ this afternoon. Saw Braithwaite . . . he gave me 4 small carrots, a whole small cucumber and half a garlic. FANTASTIC!! What a star!! . . .Had one of the carrots with afternoon roll – very sweet!! Wonderful.

4. Whilst out on the 40 minute rec’ I saw several prisoners skinning four monkeys ready for cooking – sickening. Not sure if this was just for them to eat or the jail kitchen to put in the stew? Four I saw, and there could have been others. The guards were taking no notice and so this was not a covert thing.

Sunday 5th August 2012 – No rec’ – Rice (particularly badly congealed today) Yuk.

1. Usual routine, shower 6.30 am in ‘the cage’. No draggers to borrow as of today, so danger of catching an infection bathing in bare feet. Two rolls one dry at 8.00 am.ish. (at least today I had garlic + cucumber thanks to Braithwaite) Grass tea smells and tastes like old grass – which is what it is!! Then lunch at noon, disgusting congealed rice. Threw 95% away. Tea 4.00 pm ish – one roll, dry, with sugar water (coolaid) That’s it – a living death.

333. Having been indicted, I was worried that I should be filing a defence and getting an expert to examine the alleged confession that, Charles Smithen had produced like a rabbit out of a hat. My journal shows my frustration and sadness. READ BELOW the entries at this time.

“Wednesday 8th August 2012

1. Bitterly disappointed. No visit all day. Very, very low. Very sad.

2. When I was out on Monday the sun was not too bright, but it burnt my skin after spending so much time incarcerated with no daylight. Skin is now peeling on my nose.”

Thursday 9th August 2012 – horrible rice! No rec’

1. Completely wasted day. No rec’ all day, where the hell is Angela? Why is Saul not in touch with me? Very sad. Continual harassment from xxxxx and xxxxx. Intimidation and victimisation – Mr Hustler and Mr Nasty. Red ants, black ants, mosquitos, cockroaches, all nasty. A place of brutality. Worse than 200 years ago comparative to world standards.

2. Can’t face eating any rice without sardines. Only garlic left to put in rolls. Miserable. So sad.

Friday 10th August 2012 – disgusting rice – no rec’

1. Same as yesterday. Almost out of soap too. Time standing still and draining away for me. Obviously no one cares. Angela Inniss is not going to be the saviour that I had hoped for. My Tilman book my only consolation. Frightened that Saul won’t facilitate a trial lawyer.

2. Cell never dry, always damp from humidity. Walls flaking, dust coming through the ceiling. My joints sore from sleeping on stone floor. No ventilation, no natural daylight, I would not keep an animal in here. Constant bullying from xxxxx and xxxxx.

Saturday 11th August 2012 – Congealed rice -40 minutes rec’

3. Managed to speak to Riki for two minutes on Rec’. Asked him to get a call to Inniss. She has to come!

4. Thumb (left) is sore under nail. All nails are red, hope thumb does not go septic.

Sunday 12th August 2012 – rice, yuk – no rec’!

1. Frustrated. Time is running. Wasted day. So frustrating. Pray for tomorrow. Soap is finished. Have no money.

Monday 13th August 2012 – rice again!! Ugh! – 40 mins rec’ am.

1. …”still no Inniss. Feel panicky, when will I get to draft a defence with Saul? 14 days since indictment today. I think we probably only have 14 days to challenge it, so that’s today.

2. Wrote a note to British Consul this morning. Have not much confidence in them, but can’t think what else to do. Must speak to Saul!!

3. Bowels getting very loose, no proper food. Glasses broken, so hampers reading and especially writing. Got a soap pro-bono from xxxxxx this morning.

4. Panic rising. I have no human rights at all here. Inniss’ insouciance is heart breaking.”

Tuesday 14th August 2012 – disgusting rice – No rec’

1. “Same shit different day” said the prisoner. Don’t know his name, but he is right.

2. Leon asked for a scrubbing brush + disinfectant for the toilet (asked Liburd, just like he asked Dorset on Saturday 11th August) It was refused. Liburd said that he had to buy his own brush + disinfectant. What a system!! Leon has also complained that he is stooling blood – no notice taken!

4. Praying for an opportunity to get my note to the British Consul, . . very concerning. No rights, no communications.

5. Prisoners just lying around all day, oppressed, disenfranchised, – sinister.

6. No rec’ today. Can’t get the images of yesterday’s rec’ out of my mind – a goat being killed and cut up, disembowelled, the excrement thrown on the ground but all entrails cleaned out for the pot. Sic.

Friday 17th August 2012 – Terrible rice – no rec’

1. Tedious, writing with broken glasses. Trying not to lose hope. Please Lord get me out of here!! Thinking about all the simple, wonderful everyday things which I could be doing. We take freedom for granted until it is taken away.

2. Picking the few beans out of the rice – 12 or 14, then throw it away. Just disgustingly dry, congealed. Can’t possibly eat it without sardines or something.

3. Just lying around on the floor all day. Such a waste of valuable time.

4. Getting very annoyed at Angela Inniss. She’s no different to Browne.

5. Shower enclosure walls sticky with starch, I guess. Disgustingly dirty. I try to get last place in the shower group so I don’t have to come out and watch others rinse, wash underpants, piss, and spit. Disgusting.

6. Imagining, new potatoes boiled with mint, and served cold in an egg salad with salt.”

Saturday 18th August 2012 – Awful rice – no rec – No hearing!!!

1. Woke up with no hearing in my right ear. Very concerning balance bad. Fell over getting up for shower. Xxxxx did not hurry me, said “be careful”

2. Gave note to xx asking for his advice. I guess there was not much he could say. He did not reply.

3. A very miserable day in an awful place. God help me please”

Sunday 19th August 2012 – Rice (12 days straight now) – no rec’

1. Ear is no worse today, in fact slightly better after I squeezed soapy water into it. Hopefully it’s wax that is causing the hearing loss.

2. No rec’. Very worried about the impending Court and not having contact with a lawyer. I guess I can try writing to Dorset again. Wrote urgent humble appeal.”

Monday 20th August 2012 – Rice – ugh!! 30 minutes rec

1. Got rec this morning, not long but long enough to deliver the letter to Dorset’s pigeon hole, he is out today. . . I hope xx gets my message to Saul via xxx At rec’ met a new prisoner, Jasper, who is Danish, he said the police lied to detain him. Same old shit from these police. But Jasper has a strong mother who has come to his aid and other friends who will be lobbying via the Danish government – so he’s ahead of me.

2. Rice again, it came with a tiny amount of cucumber . . . Oh for some proper food. My ear is not getting worse but I am getting a flu.”

Wednesday 22nd August 2012 – Rice, disgusting – no rec’

!. Thank God!! Had a call from Saul on Dorset’s phone. It seems Inniss has not passed on all my correspondence . . . . . He said he would speak to Julian and call me in the morning – same time. Dorset agreed, hope Dorset keeps his word! Asked – begged – Dorset to take me back to cell 26 – he refused point blank.

2. It’s so good to get the news to Saul that information needs to be filed this week. A huge relief. I pray something will get done and things improve.

4. Flu bad, got two more paracetamal . . . .

5. Xxxxx nasty and carping – constant bully. Standing up to him verbally but out numbered.

6. Water cleanliness – tastes bad, maybe where the flu is from. Also no garlic or anything protective.

Sunday 26th August 2012 – Rice – No rec’ – very sad.

1. Disappointed and sad still only rice to eat. How much more can my body take?

2. No rec’ so lots of stress in the cell.. . .

Monday 27th August 2012 – Rice again!! – 35 mins rec – worried.

1. My flu is fading, leaving me with a dry cough. Wrote notes for Jasper over the weekend. Will try to see him today. . . .

2. Where is Inniss I have lots of letters for her..”

Thursday 30th August 2012 – Macaroni at last!! – 40 min afternoon rec’.

1. Frightened. Trial is coming. No trial lawyer. No communication. Total oppression.

2. Rec’ was somehow split so I did not get to speak to Jasper . . .

3. Worried about lack of proper diet causing health problems. Rolls were dry this morning but at least we had macaroni for lunch + a tiny amount of breadfruit. Ate it all. The most I’ve eaten in 22 days (all rice) I had diarrhoea. Had to shit twice. I guess we’ll have endless rice again now. This whole situation is a living hell!! What did I ever do?

4. Today seems the epitome of the Ancient Mariner poem, “a painted ship on a painted ocean”. Total limbo.”

Friday 31st August 2012 – Rice horrible rec’ pm 40 mins.

1. Rice was disgusting. Not even a bean to pick out. It all went straight in the bin. Pat in the tailor shop said that he’s been here 11 years and still can’t eat the rice. God forbid. I pray I can get out next month. I’ll never survive on this diet.”

Saturday 1st September 2012 – Rice horrible – 40 mins rec’ pm.

1. Saw Jasper briefly at rec’. His bail hearing has been postponed until Thursday . . . .

2. Miserable. My finger throbs from a bite or an abscess, or just plain lack of vitamins. . .”

334. And so it continued, relentlessly. Through the next month of September and, in fact, through the rest of the year of 2012 in cell 7. Confined, malnourished, next to no sanitation, bullied by guards and threatened by psychotic prisoners. A damp, humid, airless place, infested with scores of centipedes, hundreds of cockroaches and thousands of ants and mosquitos.

335. Superintendent Dorset paid occasional visits to “death row” and so he knew, full well, that he had placed me into these extremely detrimental conditions which were injurious to my health and compromising to my personal safety. The physical and nutritional deprivation that I endured and the daily occurrences of brutality were also made known to him by me in letters that I wrote to him at that time. He ignored my appeals for relocation. My suffering was evidently his intention.

336. I was condemned to an indefinite stay in punishment cell 7, “at Mr Dorset’s pleasure”. On more than one occasion I wrote to him and begged him to take me out and put me back in the general area of the prison. My pleas were denied. After one such letter I asked him “as a moral man” to take me out. He looked me in the eye and in emphatic enunciation told me, “I’m not a moral man”.

337. Indeed, during my incarceration, I was an unwilling witness to many acts, perpetrated on other prisoners, which confirm Mr Dorset’s own words. They are recorded in my journal, but are not relevant to the purpose of this account, suffice to say that those immoralities that I witnessed, first-hand, range from physical abuse and brutality, to murder by neglect.

338. It was overtly evident to me that Franklin Dorset ruled by the fear of his unlimited power, to ‘govern’ the very existence of each prisoner.

339. On the 3rd of September 2012, the middle finger on my left hand swelled up from an infection, after it was bitten in the night, I guess by a centipede. The pain woke me up, but I never saw the culprit. By the afternoon of the 4th of September, 2012, it was a septic looking mess and the finger had swelled to twice its normal diameter.

340. I made representation and remarkably, was taken to hospital, where they treated it and sent me back with antibiotics and strict instructions to bathe it with a hot water compress every six hours. After many attempts, I managed to get hot water just once a day, during the next three days. However, I was gifted some Aloe Vera by a prisoner who had apparently smuggled in some Aloe leaves, and I applied the Aloe Vera gel which helped to bring out some nasty yellow fluid and to dry up the wound. Thankfully, I note from my journal that the swelling receded somewhat by the 10th of September, 2012.

341. I had a very brief visit by Ms Inniss on the 10th of September, 2012, and then a visit from Saul Lehrfreund on the 11th of September, so I was finally able to discuss with them my plight. I was informed by them that the DPP was not ready to take the case to trial, and so my concern that I might be put on trial without a proper defence abated a little. However, I had no cash to pay a trial lawyer because I had invested absolutely everything in my business. The thought of putting cash by, in case I was falsely arrested and charged with murder had, not surprisingly, never crossed my mind.

342. A further problem now, was that under the management regime of the prison, it was impossible to make exploratory phone calls to explain my plight and to canvas old acquaintances in terms of funds for my defence. The lack of adequate telephone communications were, always, a fundamentally detrimental issue during my incarceration.

MEDICAL POLICY DICTATED BY FRANKLIN DORSET

343. On Thursday the 20th of September 2012, I was visited by Honorary British Consul Sarah Percival. As I stood with her, she made comment about my poor physical condition to Superintendent Dorset. I was then taken to the prison doctor, who was there on this particular Thursday. The doctor was supposed to attend the prison on Thursday each week, but in reality, this Thursday attendance was intermittent.

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344. I asked Superintendent Dorset in the presence of the Honorary Consul for his permission for me to receive a piece of foam to sleep on, from friends outside, because at my age sleeping on a bare stone floor was injurious to my joints. Superintendent Dorset denied me permission, and I had to continue to sleep on the stone floor.

345. Honorary Consul Sarah Percival and I were left in front of the doctor. I again asked the doctor for his support in recommending that I be allowed fresh fruit and vegetables. READ BELOW my journal entry.

Thursday 20th September 2012

1. Sarah Percival came around 12.30 pm. Dorset insisted I see the doctor. I asked for some foam to sleep on – denied. I asked for veg’. He repeated his view – “Fresh fruit and vegetables have no bearing on physical health”. He did not contradict me when I commented that I had been accused of being a mental case If I don’t eat meat. Asked me why I did not eat meat, I told him that it was against my morals, – scoffed at me.”

346. I contend that the doctor’s prognosis that “Fresh fruit and vegetables have no bearing on physical health”, was not really his opinion, but in fact was policy dictated by his boss Franklin Dorset.

347. And so, by the end of that month, September, 2012, there was no tangible improvement to my living conditions. I remained in punishment cell 7 at Mr Dorset’s pleasure, for a still unjustified reason. I remained sleeping on a stone floor after being disallowed a piece of sponge to be brought from outside for me to sleep on. I remained being refused to have fresh fruit and vegetables and called “mental” by Mr Dorset for not eating meat. I remained unable to curry support from a medical doctor because of his boss’ policy. I was even scoffed at by this prison doctor, and the policy was regurgitated in front of the Honorary British Consul Sarah Percival.

348. I was not making progress and I did not have any idea at that time how to do so, in the face of the regime of Franklin Dorset. My next letter to Mr & Mrs Taylor sums up my existence and portrays in graphic detail some of the conditions that I was forced to suffer :

Com’ number MA/16/1st Oct’ 2012

1st October 2012
Dear Melanie and Alastair,

I hope that you are both well. I am trying to be really strong here. I am strong in heart and mind and soul, but my body is struggling to keep up with the challenge. I wish I knew how long it was going to go on? How much of these conditions I have to take? How much of these conditions anyone of my age can take? For God’s sake, I have done nothing wrong!! And the real culprit is known to people out there.

I think of you both doing normal things, going outside, coming back in. Eating breakfast and looking out of the window. Coming home. Having dinner. I imagine the cats with their union jack collars (naturally you can’t wave a flag if you’re a cat)

I dream of seeing the sun rise over Rawlins Plantation. Of having coffee. Of lightly poached eggs on warm wheat toast with a fresh tomato from the garden. Of the guests at lunch. Of dinner cooked by Annie. Fresh Dieppe Bay marlin roasted over charcoal with creamed pumpkin and asparagus, carrots and cauliflower. A dry Bordeaux Grave to compliment the rich red fish, followed by vintage rum with the house guests and a wonderful Dutch cigar when they have gone to bed. The stars shining like jewels in the clear night sky as I lock up.

Then the dream fades, and I wake up in this filthy cell. My hip and rib bones in contact with the hard stone floor. I have no mattress, just a blanket. The tiny, furnitureless cell, 8ft wide, is just big enough for four men to lie down in. Three one way and the fourth, the other way, across at their feet. That’s me. There is no window. The air is terribly humid and stale. It stinks from the open ”shit pit” in one corner, inches from someone’s head. The walls are flaking. Dust and mosquitos descend through the high slatted ceiling from the roof space above it. There is no day light. The cell is dimly lit 24/7 by one electric light in the corridor outside. I am deep in the 172 year old prison.

Although I can’t see the dawn, I know it’s 6.00 am because the heavy steel doors are slamming as prisoners are let out for the 30 minute roll call. I am not allowed out. I’m a naughty boy. I told the world the truth. That embarrassed Superintendent Dorset. He fears the truth of police dishonesty getting out, and any spotlight on the prison. All of which is the shame of St Kitts. Dorset has told all his guards that “ I’m a dangerous man”. There’s no freedom of speech in here.

I turn onto my back before sitting up. My joints are so stiff, they creak. My body is desperate for vitamins to “oil” them. I check for any more bites. Apart from the mosquitos, the cell is infested with ants, centipedes and cockroaches. No, no new bites this morning, just previous ones, glowing red and sore. I think of what the day may bring, it’s dangers and my hopes. There are personal dangers and objective dangers here. Personal dangers are violence from other prisoners (a daily occurrence) and brutality from the guards. Objective dangers are the unhygienic, medieval conditions, the routine abuse of Human Rights, including personal welfare and nourishment, the lack of opportunity to progress my freedom with friends and lawyers and a sinister, corrupt and dishonest police force who are totally out of moral control.

I am very frightened. Not of the next infection turning into septicemia, not of the next attack by a prisoner doing permanent harm, but of this sinister and well oiled police system which knowingly and willfully charges and convicts innocent men. I see examples all around me.

This is why we can’t just rely on the judicial system. We must concurrently progress the “reward for information”, the webpage and local “flyers”. Please ask Saul for his full support for this. It’s vital.

My mind shifts to food and my dream comes flooding back. I suppress a tear. I am so skinny, you might not recognize me. No proper food here. My black trousers, previously snug fitting, are now like a circus tent around my waist, held up only by my belt with extra holes in it.

I wonder if I will find a bottle with “drink me” on it, to inflate me back to normal size? Alice found one, or was it a cake with “eat me”? Anyhow in this adult version of “Wonderland” there is no such magic.

It’s amazing how much deprivation the body will take, but I’m sick of it! It’s outrageous. If I live through this, the architects of this prison regime, together with the dishonest, corrupt police officers, who lied to put me here, must be exposed and retributed. I shall sue them personally, they cannot be allowed to hide behind “the system”. They have personally, perpetrated a crime on my person and they must be personally punished. Publicly.

The noise of the morning increases rapidly. Through the bars of the door, I can see guards walking by, on the big black slate floor slabs, paving the rough stone walled corridor, outside of the cell. Soon we will be lead fifteen paces up the corridor, to where a tap on the wall at eye level discharges into a stone floor trough. We will have a few minutes to wash and then be lead fifteen paces back to the cell. Breakfast (two small white rolls) will be passed through the bars. I will eat one and save the other for lunch. The half bowl of white rice issued for lunch at noon is congealed, semi – solid and revolting. I can eat a tiny amount of it mixed with a tin of sardines, if I have funds to buy them from the prison. If not I just eat the dry roll from breakfast. Dinner is issued through the bars around 6.00pm. One more dry roll. That’s it for the day. With funds I can buy a Kraft cheese slice for the roll and a half cup of Quaker oats and some milk powder. That’s as good as it gets in here.

For six weeks prior to the 11th September, I had no funds and so ate just three bread rolls per day. I pray that I never have to do it again.

I lie on my two and half foot wide floor space in the stench all day. Alternating positions to lessen the soreness. In the afternoon, around 2.30pm I am taken to the inner yard for 40 minutes “recreation”. The highlight of the day. A chance to see outside of the cell, to purchase food and toiletries and to speak to other prisoners. At first my eyes close involuntarily when they meet the bright daylight. The sun is hot but the air is sweet after the cell. I walk around like Bill and Ben the “flower pot men”. I talk to my legs and the rest of my rickety body encouragingly. I promise that fruit, vegetables, fresh fish and soft red wine will be administered again soon. The limbs argue back, threatening strike action. This inter bodily conversation is interrupted by a friendly voice. A very rare thing. It’s Jasper. He’s young but well educated. A computer marketing expert and the only other white man in the prison. He’s in better conditions, cell 26. He came here on a fabricated charge too. Only a few weeks ago though. He’s Danish and between the Danish consul, (who is a “pitbull”) and his parents, they have pushed bail through rapidly. He tells me he will be out on bail tomorrow and that with no evidence, no truth in the charge and his vehement denial and official protest, he does not expect the matter to go further. I have no doubt that he is right. Once outside of this prison you have a voice. You can fire back at the police and expose the dishonesty. But in here you are gagged and defenceless. Jasper promises assistance to me and will be in touch with you. He’s very capable on a computer and in promoting causes. I hope that he is as good as his word.

A handful of other prisoners in the yard have been in punishment cell seven where I am kept. A punishment stay usually ranges from a few days to a month. I have been there two months, eleven days and this morning, with no end date given. The other prisoners in the yard know why I am there. One or two nod respects silently. Most ignore me. I am varyingly considered as stupid or “crazy brave” at best, for speaking about the regime. I guess the reality is that I am “old fashioned” and moral minded, but such naivety will get you “locked down” in here which increases both types of daily danger.

The recreation is quickly over. Whistles blow, the guards shout and men are pushed into line to go back to the stench filled cells. Cell seven is past all the others. It’s where the dangerous men are put. In the deepest part of the prison. Just before “the gate of no return”, that leads to the gallows. All part of the vindictive game that Dorset is playing.

Apart from the single dry dinner roll which is delivered through the door bars, the day is now over. There is hardly enough light to read or write, but I usually manage to do a little in the early mornings and late evenings. The noise of the prison during the day is relentless and debilitating. The noise of misery. An acoustic torture. Constant shouting. Arguments. Screams of men, some violent, some insane. The constant jangle of keys, the slam of heavy steel doors and the groans of the incarcerated. Each prisoner in his own world of misery.

In cell seven the foreground noise to this background cacophony is loud aggressive “rap” songs sung by the other three, all of them 30 years younger than me. Sometimes they sing two different “songs” at once. All this mixed up with shouted conversations with adjacent cells and loud uninformed and illingual opinions aggressively expressed. The atmosphere in the cell is permanently filled with menace and danger, so tangible that you can touch it. This “foreground” noise level is similar in each cell and it merges generally to the decibel level of an engineering factory.

I say nothing. My mind cries out in mute despair for the peace of Rawlins Plantation.

Gradually the torment grows less during the evening. I write a little. Eventually around 1.00am it is relatively quiet. I drift with my aching bones into an uneasy sleep until it all starts once again at 6.00am. Each day is an eternity. Please let it be over soon. My soul weeps to be back in heaven. I’ve done my time in hell.

If, I don’t make it back, you have this record – publish it then. Tell the world.

Much love to you both,

Kevin

349. CLICK TO VIEW the original of my letter MA16 to Mr & Mrs Taylor, written on 1st October 2012.

FURTHER ABUSE OF PROCESS BY PRISON MANAGEMENT

350. Further trauma that was caused to me by the prison management’s wilful abuse of the legal process. The next abuse began on 1st October 2012. On that date the bank FCIB served me with an Application which they had made to the High Court, to sell Rawlins Plantation Inn. I was not able to maintain payment of the balance of my mortgage whilst I was locked up in prison. The document was served in the prison with the acquiescence of the Chief Officer Alton Liburd. The date for the hearing of the Application was the 9th of October.

351. I was determined to defend the Application because firstly the upset price sought in the said Application was a fraction of the bank’s own valuation of Rawlins Plantation Inn, which was carried out on behalf of the bank by BCQS in 2011. Secondly I would put it to the Court that there should be a sale of one or two of the nine cottages at Rawlins Plantation Inn, so as to redeem the mortgage, not for the bank to be allowed to auction the whole property when there was no need to do so, to discharge the balance of the mortgage account.

352. I prepared my response submissions for the hearing. However, on the morning of Tuesday 9th October the Chief Officer refused to have me taken to the Court. I was traumatised. Rawlins Plantation was my home, I had a right to attend, and to defend it, having been served the Application with the acquiescence of the prison.

353. On the 11th of October 2012, I wrote to Superintendent Dorset, pointing out that on the 1st of October 2012, I had been brought from the cell to the gate office for a Court service, in respect of a hearing on the 9th of October 2012, and yet I had been refused permission to attend the said hearing by the Chief Officer. I requested that the Court be approached by the prison to re-hear the matter. I also pointed out that this would, “result in very grave business and financial consequences for me if not redressed urgently”. CLICK TO READ the entry that I made in my journal on the 11th of October 2012, which records the writing of this letter.

354. I wrote out a copy of my said letter to Superintendent Dorset to give to the Honorary British Consul the next time that she visited me. CLICK TO READ , the letter of the 11th of October 2012, to the British High Commission.

355. I managed to get my letter to Superintendent Dorset on the 12th of October 2012, but he did not respond. It was not until the 22nd of October 2012 that I had an opportunity to get the copy of my letter to Superintendent Dorset to the British High Commission. British Consul Sarah Percival visited me on that date. CLICK TO READ , an entry that I made in my journal on the 22nd of October 2012, which records that visit.

356. British Consul Sarah Percival returned on the 1st of November 2012. She had arranged with Superintendent Dorset to sit in on my doctor’s appointment that day to ask questions about my deteriorating health. However, the doctor did not turn up. This was the fourth time that the doctor had not turned up when I was trying to see him. CLICK TO READ , an entry that I made in my journal on the 1st of November 2012, which records Sarah Percival’s visit on that day.

357. On the 5th of November 2012, the bank FCIB tried to serve me, in the prison, with a Court Order pursuant to the previous hearing of 9th of October 2012. I refused to accept service on the grounds that my right to respond to Court services was being abused. I expected physical retribution from the prison management, but I was fed up with my Statutory Rights being abused by the prison. I wrote another letter about service to Superintendent Dorset that day. I had no response.

358. CLICK TO READ, an entry that I made in my journal on the 5th of November 2012, which records the attempted service by FCIB, and my letter to Superintendent Dorset.

ADMISSION OF ABUSE OF PROCESS BY FRANKLIN DORSET.

359. On the 8th of November 2012, British Consul Sarah Percival came back, having had confirmation that the doctor was now at the prison.

360. I took the opportunity of seeing Superintendent Dorset with Ms Percival to address the various events surrounding service and abuse of process. I raised both the service by the bank on the 1st of October 2012, in terms of Rawlins Plantation Inn and the services by Bilzerian in January and February 2012, in respect of his Application for Summary Judgement which was granted to him in my absence on the 2nd of March 2012, both of these litigation suits, I had been denied the opportunity to defend.

361. Superintendent Dorset was, caught like a “deer in the headlights”. He had very little option but to respond to Ms Percival. Ms Percival was very polite and professional, but commandingly looked him in the eye requiring a response.

362. Reluctantly, but very unequivocally Franklin Dorset admitted that no documents can legally be served on any prisoner without his approval as Superintendent. He also admitted that if served, a prisoner has a legal right to defend himself in Court. This conversation in front of the Honorary British Consul was monumental to me.

363. On previous occasions where I had asked Superintendent Dorset a question in front of Ms Percival, that he did not want aired, I had been chastised by him afterwards and aggressively accused of “ambush” by Superintendent Dorset, so I knew that I would be ‘toast’ when Ms Percival left, but the genie was now ‘out of the box’, on this subject.

364. Trying to recover some status, Franklin Dorset claimed to Sarah Percival that the services had been allowed by his staff, “behind his back and without his agreement”.

365. Ms Percival very calmly wrote down all of this. I have recently been provided with a copy of Sarah’s report of this matter (report number 99) to the British High Commission in Bridgetown Barbados, which confirms all of Superintendent Dorset’s words in my paragraphs 362 and 364 above. CLICK TO READ , a copy of Ms Percival’s report number 99 dated the 8th of November 2012. Redacted by teh FCO before it’s release.

366. Having subsequently experienced almost four years of incarceration under Mr Dorset’s regime I find it inconceivable that the Chief Officer, Mr Alton Liburd would do anything except follow Franklin Dorset’s instructions to the letter. Chief Officer Liburd knew better than to put a foot wrong in that respect. Hence, he stayed Chief Officer for all that time. I do not believe that the prison allowing FCIB, service of the Court documents, in respect of the bank Application, was done “behind the back” of Mr Dorset. Nor do I believe, that the decision to deny me opportunity to defend that Application or the one by Paul Bilzerian earlier in the year was made by anybody, except, Superintendent Franklin Dorset, or his political controllers. Franklin Dorset was wholly culpable for carrying out all of the denial of my Statutory Rights in respect of services and judgements obtained by FCIB bank in November 2012, and Paul Bilzerian in March 2012.

367. READ BELOW , my journal during the last quarter of 2012 which records the events of the FCIB service, my refusal of the next service by FCIB and the visit by Honorary Consul Sarah Percival on the 8th November 2012:

Monday 1st October 2012

2. This afternoon I was served with an Application by FCIB to sell Rawlins – Devastating. The upset price is $825k – ridiculous. It will leave me with nothing. My head is in a whorl. Could not sleep.

Monday 8th October

1. Prepared for Court tomorrow. Trying to speak to Liburd.

2. At pm break, Liburd was out.

3. Sent a message to Liburd this late pm, he refused to see me.

4. It looks like Liburd intends to prevent me from attending Court.

Tuesday 9th October

1. Sent a letter to Dorset + Liburd at 7.00 am. No response.

2. Saw Liburd through the cell bars at 8.30 am. He refused to allow me to go to Court! Devastated.

3. Tried to see Dorset, but he would not see me. Very low

Thursday 11th October – Rice – no sardines Rec’ am 40 minutes

1. Saw Dorset in the yard briefly. Wrote him a letter with c.c. Brit Consul.

4. Must get that letter to Dorset tomorrow.

Monday 22nd October 2012

1. Sarah came to see me this morning – wonderful. Spoke to her for around 1 hour . . . I had written a quick short note to Saul early this morning asking for an update, which she took. Also a com’ to Calvert’s and a copy of my letter to Dorset R.E. FCIB to Danielle and Craig. . . . .So pleased to have her visit! Gave her my health update.

3. . .Atmosphere in the cell is tense. Praying for Saul to progress and for Dorset to stop his vengeance war on me.

Thursday 1st November 2012

1. Wrote a letter to Saul last night.

2. . . Sarah came around 10.00 am. It was great to see her, she was hoping to see the doctor. I put my name down but he did not come. He has “not seen” me three times previously.

3. Sarah took the note to Saul. She also gave me pens.

Monday 5th November 2012

2. My ear (R.H.) is very painful. Infection plus going deaf. Left wrist is also very painful.

3. I was hoping for a visit but no one came (Earnest or Brit Consul) except FCIB tried to serve Court judgement R.E. Rawlins which I refused.

4. I wrote letter regarding service to Dorset

5. Feel sad, sick and weary tonight. Pray for some good news.

Thursday 8th November 2012

3. Sarah came. Good to see her. Even better knowing the lawyers will get my com’s, . . . I asked Dorset in front of Sarah and he confirmed that “service” was not with his permission. Yes! So I wrote to Calvert’s to confirm this + ask them to write to the Attorney General.

368. My letter written on Thursday the 8th of November 2012, to Calvert Solicitors in London, asking them to write to the Attorney General of St Kitts regarding abuse of process, was given to Angela Inniss at her next visit. It was forwarded by her to Calvert Solicitors, on Wednesday the 14th of November 2012.

369. Although this abuse of my Statutory Rights was proven and now even admitted in front of the Honorary British Consul, by Franklin Dorset, as will be seen in this account, it continued to happen.

THE FURTHER WRATH OF FRANKLIN DORSET

370. I was not surprised to be aggressively chastised after British Consul Sarah Percival’s visit by many of Superintendent Dorset’s officers because he claimed to them that I had “embarrassed the prison”. It was stated, mockingly, by Superintendent Dorset on several occasions (and repeated by his officers) that I was just a white man wanting better treatment than the rest of the prisoners. This was his standard verbal attack on me. It was a racial attack, trying to motivate other prisoners and his officers against me. It was also his response to the BBC when they called him with respect to the conditions that I was incarcerated in. CLICK TO READ , this response recorded in the article by the BBC.

371. Superintendent Dorset would routinely refer to me publicly, in front of his officers, and in front of other prisoners as, “a dangerous man”. This motivated his officers to impose unduly harsh treatment on me. Consequently, I was routinely man-handled for no reason what-so-ever. Evidently, by me drawing attention to the wholesale abuse of Statutory and Constitutional rights, by Superintendent Dorset and his subordinates, I was a danger to his regime.

372. In spite of (or perhaps ‘because of’) this admission of Statutory Rights abuse, and my oft repeated reference to Constitutional Rights abuse, at that time, of November 2012, I was still sleeping on the floor in the empty stone box which is punishment cell number 7. Still with no adequate hygiene facilities and suffering constant bites from insects and vermin, which became infected. My status as a “dangerous man” was the only reason given as to why I was kept in cell number 7, on death row, for so long.

373. Being in a cell with no daylight and no ventilation for many months was taking a further toll on my health. On the 8th of November 2012, during a visit from Ms. Percival, the prison doctor had diagnosed me with gallstones, (which are caused by dietary disorder) This was reported on the 8th of November 2012, by Ms. Percival, in her report number 99.

374. Sarah Percival further reported the fact that the hearing in my right ear had deteriorated and that I had a constant “buzzing sound” in it. Also, that my chest and breathing were very tight with a dry cough. The Honorary Consul asked the doctor on the 8th of November 2012, if I had been administered with the vitamin tablets which he had prescribed for me in her presence some months ago. The doctor said that the pharmacy was out of stock. This was the usual excuse.

ATTACKS BY PRISONERS IN CELL 7

375. On top of the deterioration in my health, I had to cope with a revolving procession of psychotic prisoners who were relocated into punishment cell 7 with me, by Franklin Dorset. This repeatedly placed me in mortal danger.

376. On Sunday the 11th of November 2012, one such prisoner sharpened his toothbrush handle on the stone wall of the cell and said that he was going to stab me in the eye while I slept.

377. I reported the threat to the guards and the prisoner was removed from cell 7. Several prisoners in cell 10 (only 18 feet down the corridor and within earshot) then threatened me, saying that they would “put a hit” on me. I wrote a letter to Superintendent Dorset asking to be transferred to cell 26 for my safety.

378. READ BELOW , my journal entries on the 11th and 12th of November 2012.

Sunday 11th November

1. This morning xxxxx sharpened a toothbrush handle and threatened me with his belt. Said he was going to stab me in the eye while I slept. I reported it to xxxxxx and xxxx and they took him out. Got lots of aggression and threats from cell 10 . . .”Going to put a hit ” on me. I drafted a letter to Dorset asking him to transfer me to 26 for safety.

Monday 12th November

1. Wrote up letter to Saul and letter to Dorset

3. . . saw Dorset at rec’ – gave him my letter

379. On Monday the 12th of November 2012, as my journal records, I managed to give my letter to Mr Dorset, asking to be transferred for safety. However, without giving any reasons, he refused. My ordeal and the trauma of being in the punishment part of the prison, which contrasted with the rest of the prison in terms of prisoner types, continued.

380. I was two, or even three times as old, as the other prisoners in those cells. I was not tough like most of them, only stubborn in holding on to life.

381. The harrowing and harmful challenges and consequences of being confined in a cell with no daylight and no ventilation for many months was compounded by the fact that I was never let out of the cell on Sundays for the brief daily recreation period, so I did not have any access to fresh air or sunlight from Saturday to Monday. If it happened to be raining during recreation time on Saturday, the prisoners would not be allowed outside and so I would not see sunlight or fresh air for three days.

382. On the 24th of November 2012, I narrowly avoided a fight between prisoners during shower time, when prisoners from three cells were sent to bathe at the same time, even though there was only one old tap. This fight is referred to in part of my letter of that day, to my friends Melanie and Alastair Taylor in the UK.

383. My letter of the 24th of November 2012, states:

MA / 22 / Saturday 24th November 2012

Dear Melanie and Alastair,

It is Saturday evening here. The noise of hell is starting to abate and the temperature is beginning to decline. Weekends are the worst of all here.

All I can do is lie down or sit on my tiny piece of this vermin ridden cell. Everywhere hurts. If I had a medical degree, at least I would know which pains I should be most worried about and which ones I should try to ignore. We have not been let out today for air, and the 40 minutes walking around the small yard, because it rained at “let out” time. On Saturday there is reduced staff levels, so the guards are always reluctant to do much anyway. Sundays are awful. We never, ever, get let out on a Sunday, so it will be another day and a half before I see daylight. My chest is already tight without a break from the stench. By “let out” time on Monday I will be like the walking dead. If only I knew, how long I had to endure this for? I pray the lawyers hurry. It’s scary.

My diet has been stable now for almost a month, thanks to you. I don’t think that I lost any more weight this week, (not much of me left to lose). Hopefully I will soon look less like a Japanese prisoner of war and more like a standard anorexic. I increased my cheese usage to two Kraft cheese slices per day instead of one and also a half a cup of Quaker oats every day instead of twice per week. This together with consistency of sardines has had a significant effect. Unfortunately the prison ran out of cheese today and so it will be around a week until more stock comes. I will be extra thankful for sardines and Quaker oats until then.

There was a nasty fight this morning in the corridor outside the cell at shower time. I saw it coming (sixth sense) and so I avoided the small sharpened sticks and the inevitable random retribution from the brainless guards. Why, oh why, do they put prisoners from three cells to bathe at once, when there is only one, very old tap, It’s nuts! They had a “bloody” riot here in March 2007 which had to be forcibly stopped by the army, (who shot three people) I am amazed they have not had a similar one recently. It’s on a knife edge here all the time. Too many prisoners with no hope of parole and nothing to live for. Some of them undoubtedly innocent.

384. CLICK TO VIEW the original of my letter MA / 22 to Mr & Mrs Taylor.

385. On the night of the 27th of November 2012, a new prisoner called Gavin Rodgers was moved into cell 7. For the first three nights that this prisoner was in Cell 7, he stole food from my small plastic ‘Rams’ bag where I kept my meagre supplies. He did this while I, and the other two prisoners in the cell, slept.

386. Needing every morsel of food, I was forced to report his actions to Chief Officer Liburd, who I was fortunate to see whilst on the brief recreation period that Friday the 30th of November 2012. Unfortunately, Chief Officer Liburd just warned Gavin Rodgers not to do it again. By reporting his theft, I lit this prisoner’s fuse.

387. That night, Rodgers produced a piece of rope. This astonished me because when a prisoner is moved, especially to a punishment cell, his few belongings are meticulously searched. Rodgers threatened to strangle me. It was clear that I would have to keep awake all night. In the early hours of Saturday the 1st of December 2012, one of the other men in the cell woke up. He saw Rodgers threatening me with the rope and realised what was going on. This other prisoner took it upon himself to disarmed Rodgers. I was lucky.

388. It has never been explained as to from where, or whom, he acquired the rope.

389. I was also fortunate that on the 1st of December 2012, because Andrew Pilgrim, a lawyer from Barbados, along with Angela Inniss, had an appointment to visit me. I told them about the threat made against me the previous night and showed them the piece of rope my cell mate had taken from the perpetrator. Both Andrew Pilgrim and Angela Inniss were shocked and made representations to the senior officer present at the time. The culprit, Rodgers, was moved from the cell.

390. On Sunday the 2nd of December 2012, I again wrote to Superintendent Dorset, appealing to him to move me out of the punishment part of the jail, after I had already spent almost five months in cell 7. I told Superintendent Dorset about the prisoner Rodgers in the cell having a length of rope that could be used as a weapon. I also told him that Rodgers had been stealing my food. I asked to be moved to cell 25, where other older prisoners were held.

391. I copied my letter to Andrew Pilgrim and Miss Inniss, with my reiterated thanks for their help. My letter to Mr Dorset states as follows:

Superintendent Dorset

Basseterre Prison,Sunday 2nd December 2012

Dear Mr Dorset,

For your reference, I confirm events of Friday 30th November and yesterday 1st December.

At recreation time on Friday I reported to Chief Officer Liburd that the prisoner xxxxx xxxxxxx in my cell had, for the previous three nights, been stealing my food (oats + Nedu) during the night while everyone was sleeping. Also he had taken a quantity of “Roll – on” on Thursday from another prisoner (xxxx xxxxxx) while xxxx was out of the cell.

Mr Liburd simply told Rodgers, through the cell door, that I had reported him and that he was “not to do it again”. I now became concerned because Rodgers is bigger than me, violent and half my age. During that recreation period, I put it to Mr Liburd that if he was not proposing to move Rodgers, then Rodgers would undoubtedly attack me for reporting him. (As you are aware Mr Dorset, reporting events, gets you into trouble around here) Mr Liburd was dismissive of my concerns.

Late that night (Friday) when the other two prisoners were asleep (xxxx and xxxx) and I was just about to sleep, I noticed that Rodgers had taken a short length of rope from his bucket. He coiled each end around his hands having passed it around the cell door bars and pulled it hard to test its strength. He then took it back from around the bars and looped it as though strangling someone, knowing that I was watching him. He then sat on his bucket in the doorway glaring at me.

Having earlier expected an assault from him, I was not surprised. All I could think to do, was to stay awake all night, to fend him off. I knew from a previous incident (when xxxxxxx and xxx – xxx attempted to rape me) that no officer would hear my calls from the “back” of the jail at that time of night. Neither could I reasonably expect either of the other two prisoners to enter into a fight on my behalf. So I just remained sitting upright, awake.

After a further 2 hours, I was getting sleepy and so was xxxxxxx. He took some white pills from his bucket, crushed them up, and snorted them up his nose. This made him much more alert. I continued to focus expecting an attack.

Soon xxxxxxx reclined as if to sleep, but I knew that he was not going to sleep. A few minutes later he put a sock on each hand and coiled the rope around his hands again. It was now the middle of the night. Minutes later xxxx woke up and in turning over, saw me awake and sitting up. He gave me a puzzled look. I silently pointed at xxxxxxx, now pretending to be asleep, but with socks on his hands and the rope between them. xxxx looked back at me very worried. He then took a significant risk, he disarmed Rodgers and kept the rope. I “cat napped” for the rest of the night.

In the morning while Rodgers slept, xxxx gave me the rope and asked me quietly what I was going to do. I replied that I would have to take the rope to the Superintendent and request again that Rodgers be moved. In your absence Mr Dorset, I gave the rope to Mr xxxxx who moved xxxxxxx out of the cell on the instruction of Mr Harris.

I understand that two prisoners went home yesterday from cell 25. I have been in cell seven for almost five months and have suffered in so many ways. `I appeal to you Mr Dorset to move me away from the punishment part of the jail to one of the vacant places in cell 25, where other more mature prisoners such as myself are housed. I ask this respectfully on health and welfare as well as safety grounds.

Sincerely
Kevin

392. Mr Dorset refused my plea. It is worthy of note that there was no rational reason for me to be in the punishment part of the jail then, or previously. I can therefore only presume that my placement there and my continued incarceration in punishment cell 7 was solely because of the belligerent vindictiveness of Franklin Dorset towards a prisoner trying to avail himself of his legal Rights.

393. CLICK TO VIEW , a copy of my letter to Franklin Dorset of the 2nd of December 2012, recently returned to me by Andrew Pilgrim for inclusion in this account.

394. On Monday the 3rd of December 2012, my follow up letter to the visit of Andrew Pilgrim and Miss Inniss, contains in paragraph 7.0 thereof further details with respect to the danger that I was being needlessly placed in by Franklin Dorset. The said letter states as follows:

7.0 Cell seven conditions, health and welfare. Real and imminent danger

My health continues to decline. The incident in cell seven on Friday night, where I am incarcerated, was illustrative of the danger that I am exposed to. S.I. Dorset willfully and deliberately places a stream of violent, psychotic and drug addicted prisoners with me in this punishment cell. He still denies that I am in a punishment cell and is also telling further lies, accusing me of “complaining“ about nothing. In fact there has never been any complaints, only a reporting of the truth which embarrasses him and exposes the Human Rights abuses which happen every day in this prison.

Every polite approach has been made to Dorset, by the British Consul, by lawyers and by myself. For example, see enclosed copy of a letter given to him today regarding the Friday night “xxxxxxx” incident with an appeal to him to move me away from the danger. This is the third such letter that I have written to him, during the last month alone, ending in the same appeal.

The previous two letters were after incidents with the prisoner “xxxxx” (regarding threats with a sharpened toothbrush weapon) and prisoner “xxxxxxxxxxx” (regarding death threats and physical violence to me). Although these prisoners have been removed because of their attacks on me, they are always replaced with similar prisoners.

After all, the “box” cells at the “back” of the prison are where the dangerous prisoners are put, and that is what Dorset has termed me!. In truth, the only “danger”, is the danger that I will expose his lies and his personal responsibility for Human Rights abuses and fiscal corruption in this prison. I gave examples of both at the meeting on Friday. Dorset is simply being vengeful and vindictive.

Up to now I have managed to avoid serious harm but Dorset clearly wants me to be in this mortal danger. The conditions in cell seven (which is only 8ft x 10ft) are damp and stench filled. There is NO WINDOW OR VENTILATION OF ANY KIND. NO DIRECT DAYLIGHT and no electric light except from the adjacent corridor (which is barely enough to read and write). I am in this medieval dungeon for more than 23 hours every day (and not let out at all on Sundays). See my com’ number MA/16/1st October. I consider the conditions of my incarceration alone are a violation of Human Rights.

I also consider that my health has been permanently affected (see “collateral damage” list given to Honorary Consul Sarah Percival). But this is not a complaint. It is simply a reporting of the facts. The sad reality is that, freedom of speech, is oppressed in here. It’s against their rules. But is freedom to speak the truth not a Human Right in the Commonwealth?

In the light of all the above it was agreed at our meeting on Friday that Craig Lucie at the Foreign Office would be called by Andrew to demand a transfer to cell 25. Feel free to copy to Craig this agenda item 7.0, together with a copy of my letter to Dorset regarding the Rodgers incident and my previous communication MA/16/1st October.

395. CLICK TO VIEW , the original copy of paragraph 7.0 of my follow up letter to Andrew Pilgrim and Miss Inniss of the 3rd of December 2012, recently returned to me by for inclusion in this account.

FURTHER UNJUST PUNISHMENT

396. On the 12th of December 2012, there was a fight in cell 7, between two of the prisoners. One of them, a newly arrived, very fit, 21 year old youngster, who had been the instigator and yet had come off worst against his intended victim, complained to the guards that, “everyone in the cell had attacked him”.

397. Along with the other three prisoners in cell 7, I was summoned to the administration block for trial in front of Chief Officer Liburd and Deputy Connor, with the accuser present.

398. The prisoner who was involved in the fight with the 21-year-old youngster acknowledged that he and the youngster had an altercation. I stated that I was not involved, as did the other prisoner from cell 7.

399. The accuser, not wanting to admit that he had come off worse when fighting with only one other man, stuck to his story that “everybody” had attacked him.

400. Chief Officer Liburd, looking at me who was more than twice the age of the accuser and vastly less fit, asked the youngster: “Well, what did Horstwood do?” The youngster said: “He hit me twenty times in the face with his water bottle”.

401. This was absurd. I told Chief Officer Liburd that:

1. The accuser was less than half my age, newly arrived, very fit and taller than me, and so would hardly stand still while I hit him, “twenty times in the face” with my water bottle.

2. There was no mark on the face of the accuser to corroborate twenty blows with a water bottle.

3. My water bottle, being a flimsy clear plastic ‘island purified’ one litre water bottle, would be miss-formed and dented if I tried to hit someone with it. I suggested that it should be brought from the cell as evidence.

402. Chief Officer Liburd thought that this was a good idea and dispatched a guard to fetch my water bottle.

403. When the guard returned with my plastic water bottle, it was seen to be in perfect condition. Deputy Connor having said nothing up to now, looked crest fallen. He said, “well maybe you hit him just once”.

404. Deputy Connor pronounced me guilty and sentenced me to 30 days in a rooftop punishment cell.

405. I was immediately put in cell 23, which is a concrete box cell on the roof of the prison measuring just 9 feet 6 inches square. I asked Chief Officer Liburd, as I was being taken away, that I be allowed to appeal Deputy Connor’s decision to Superintendent Dorset. Chief Officer Liburd told me that if I did, he would increase my sentence from 30 days to 42 days. I still pressed the appeal. Superintendent Dorset refused to hear my appeal.

406. READ BELOW , my journal entry for the 12th of December 2012

Wednesday 12th December 2012

1. Fight in the cell this morning around 8.30 am xxxx + xxxx.

2. When called out to work xxxx complained that everyone in the cell attacked him.

3. Liburd held Court and convicted xxxx + xxxxxx + me. I requested an appeal to Dorset. Liburd said if I did he would increase the sentence from 30 to 42 days punishment. I pressed the appeal. Dorset refused to hear the appeal. Too busy. Sentence stands until he has time to hear the appeal. I was put into cell 23 on the roof of 26 with xxxx + one other. 9’6″ square with 10ft ceiling. All concrete.

CELL 23: 12th of December 2012 to the 27th of December 2012

407. Cell 23 was similar to cell 7, except it was much hotter. It was part of a block of six punishment cells on the flat roof of a new concrete cell block which on ground level contained cells 25 and 26. Cell 23 was an empty concrete box measuring just 9 feet 6 inches square, with the same open toilet arrangement and a stand-pipe, as in cell 7. There were four prisoners in it. As with cell 7, we slept side by side on the concrete floor like sardines.

408. On account of the walls, floor and flat roof being made of concrete, cell 23 was a perfect ‘slow oven’. We lay there and baked with the sun beating down on roof and walls. In the middle of the day we dripped sweat continuously. As with cell 7, there was no coming out to collect ration, but also from cell 23 there was no short recreation period, as in cell 7, on occasional days. A sentence to any of the six roof-top cells (referred to as “upstairs“) was, at that time, continuous and unrelenting until the end of the punishment term.

409. As in cell 7, the air in cell 23 was stagnant and foul. Also as with cell 7, there were no windows, but whereas in cell 7, there was an electric light bulb on, in the corridor outside the door, in the tiny corridor outside cell 23, the light bulb was only switched on for the distribution of ration through a slit in the solid steel door of the cell. Consequently, most of the time there was not enough light to read, or to write, except at a certain point in the afternoon when the sun reached a particular angle.

410. My appeal to Superintendent Dorset, made verbally to Chief Officer Liburd, on the 12th of December, 2012, immediately upon sentence by Deputy Connor, was never acknowledged or heard.

411. Some days later, Chief Officer Liburd came to the cell door and told me that he had reduced my sentence in Cell 23 to 14 days instead of 30 days.

412. When Mr Liburd came, I took the opportunity to protest that, no recreation at all (the only chance of daylight) was inhuman for the people in these cells.

413. I also pointed out that I had been told by the person in charge of commissary that prisoners “upstairs” (in these punishment cells) were not allowed to receive commissary stores, even if they had already ordered and paid for them. I told Chief Officer Liburd that this would have a serious impact on my health. Chief Officer Liburd made no comment.

414. I was not let out for any recreation during the 16 days that I was incarcerated in cell 23.

IMPROPER SERVICE OF DOCUMENTS IN CELL 23

415. On the 14th of December 2012, a letter dated the 11th of December 2012, for my attention, stamped by the prison, was pushed through the food flap in the cell door. It was from the law firm Kelsick, Wilkin and Ferdinand, acting for First Caribbean Bank. It referred to the service of the 1st of October 2012, which Superintendent Dorset, claimed to Honorary Consul Sarah Percival on the 8th of November 2012, had been done by his staff “behind his back”, and which Sarah Percival had recorded in her report number 99 to London.

416. Evidently the prison was, not only allowing the said service to stand, but also now abetting the notification of a pursuant hearing by accepting further service of this letter dated the 11th of December, without me even being served in person. CLICK TO READ , this letter of notification dated the 11th of December 2012, pursuant to the previous service of the 1st of October 2012, from Kelsick, Wilkin and Ferdinand, which was served with the abetment of the prison, by pushing it through the food flap of the door of cell 23.

417. The letter notified me of a further hearing of FCIB’s Application to sell Rawlins Plantation, my company’s property, on the 15th of January 2013. However I was not allowed by the prison to attend at this scheduled hearing, which caused me prejudice and further trauma.

MY HEALTH DECLINES FURTHER

418. I was very hungry having been denied commissary food. On 17th December 2012, I managed to get a letter that I had written under the atrocious conditions in Cell 23, to Franklin Dorset, and made a further hand-written copy ready for the attention of the law firm of Angela Inniss, when she next visited. The letter drew attention to the fact that I was not being allowed food from the commissary store, which in fact, I had already paid for. I had, previously to arriving in cell 23, ordered oats, sardines, and cheese slices, the cost of which, had already been deducted from my commissary account.

419. I had hardly eaten since I was moved to Cell 23 on the 12th of December 2012, and in the prevailing unhealthy conditions that I had to endure, my cell mates were starting to worry about me, ‘the old man’. The other prisoners in the cell began to be, more and more vocal, to the guards each time that the light came on, stating that I was being denied any food that I could eat.

420. I was pleased and relieved, when on the 17th of December 2012, I received the commissary supplies that I had previously ordered from cell 7. However, these few things would only last for one week. The next week would be Christmas, and there is no difference in the jail ration served in Christmas week. It was inevitable that my food intake in Christmas week would fall back to three jail made bread rolls per day, two of them dry. There was no other prospect.

421. READ BELOW , my brief journal notes of the 17th of December 2012.

Monday 17th December 2012

1. Gave letter to Dorset, to xxxxxxx at 8.00 am, to give to Harris / Dorset.

2. Withholding food that I have paid for is disgusting. No rec’ is unconstitutional. . .

4. After a big fuss at lunch time, Gumbs found some bread for me, I was grateful for the support of xxxx + xxxxx.

5. Liburd came to the cells this afternoon. I asked about the sardines + crackers + cheese, saying that it was what I lived on. He never argued at all, saying he would take care of it immediately. My letter obviously scored a bullseye. Liburd is usually so nasty to me. Dorset must have told him to sort it.”

422. My physical condition, already poor after being in cell 7 for five months, was deteriorating. At my age, my body was struggling to cope with the conditions in cell 23, including: the lack of nutrients from the paltry diet, the temperature, the lack of daylight, the lack of fresh air, and the psychological and emotional toll of living in an empty concrete box 9′ 6″ square with three other prisoners. I described the conditions that I was living in while incarcerated in cell 23, in a letter sent to my friends Melanie and Alastair Taylor dated the 18th of December 2012:

MA/25/ 18th December 2012 from cell 23 rooftop punishment

My dearest Mel and Al,

This cell is similar to cell seven, in fact it actually has two small air vents, (cell seven has none) otherwise being on the roof and made of concrete, it would act just like a “slow oven”. Of course the down side is that it is even hotter than cell seven. It is also darker – so miserable – because there is no electric light shining in over the door. We get about three hours of murky daylight each day when the sun is in a particular position to shine through the air vents (the only time I can see to write). Worst of all there is no going out of the cell for a morning shower or the guards fetching us to take to the yard for 40 minutes of air per day. The only way I’ll get through the door is if a lawyer or the Consul comes. Neither will, until next year, so I’m here until my bogus conviction for fighting finishes. I have a killing headache for most of the time, partly due to the stench from the “shit pit” and partly from the heat and stale air. The darkness seems to intensify both.

So here I am over Christmas, very down I’m afraid, on a damp (perspiration and condensation) concrete floor with just a blanket to lie on and bread and water to eat, in the dark, it doesn’t get much more dismal my dear friends.

I guess I have done well to last this long and if you had not done so many things I would have, gone down, long ago. The fact is that my body can only take so much of this crap and the time it has taken to move things along has been too much.”

423. CLICK TO VIEW , the original of my letter MA/25 to Mr & Mrs Taylor written on the 18th of December 2012.

424. My physical condition deteriorated. At 7.30 am on Friday the 21st of December 2012, I was taken to hospital at the instruction of the prison doctor. I was given a blood test, but there was no further examination, and I was not given vitamins or medication. I had extensive heat rashes and I was very light-headed. I had to sit down and rest during the short walk from the hospital car park to the examination room.

425. I was most concerned as to where the blood that had been taken that day would end up. It was evident that the police were crooked and so I was concerned that they would use my blood to frame me further, by saying that it was found by them on some piece of alleged evidence. I was returned to cell 23 the same day with mixed emotions. My mind was troubled, my joints were sore and my movements were laboured, but the fresh air of the one mile van journey to the hospital did me good.

426. On Christmas Day morning, we were issued the usual two prison made rolls for breakfast. In cell 23, we were also each given a small extra bun, with raisins in it, which a prisoner known to us, in the kitchen, had made. This was a real treat.

427. As always in cell 23, it was very dark, until 2 pm. The guards only turned on the corridor lights when they passed bread through the letter box twice a day. It was a miserable Christmas Day.

428. READ BELOW , my journal for Christmas Day 2012.

Tuesday 25th December 2012

1. Christmas morning in the prison – nothing different. Breakfast, 2 rolls, one dry, one with a scrape of cheese. Plus a small bun with raisons in it.

2. Carol singers came for 15 minutes. Of course we in cell 23 could not see them. Very dark as always in the cell until 2.00 pm, when the dim light from the sun shines through the vents to show blue dingy walls covered with pencil drawings . . . dirty trough, (concrete) and shit pit. Guards put corridor lights on to pass bread through the letter box and then switch the light off again. Three of us sleeping on the floor 9.5ft x 7ft (shit pit + trough 2.5 x 9.5). Some cells 19, 20, 21 have five people, 22 has three, 24 has four. . . . 3. Very miserable, trying not to cry in the dark humid cell on such a special day. How could I ever be compensated for this?”

429. My 14-day sentence in cell 23 should have ended on Christmas Day, but the management were all off on their Christmas holiday, and I knew none of the guards would take me out.

430. On the 26th of December 2012, another public holiday, I wrote a letter to the Chief Officer, hoping to get it to him on the 27th which was a working day. It had occurred to me that having served a set period in this punishment cell for an alleged crime, then I ought to now be returned to a cell in the general prison area. I wondered how Superintendent Dorset could possibly justify sending me back to punishment cell 7. In my letter, I reminded the Chief Officer that I had served 16 days in cell 23 (more than my sentence), and I requested that I be returned to the general prison area, which I alleged (untruthfully) I had been told, would happen after my sentence in cell 23.

431. In the afternoon of the 26th of December 2012, I had terrible heat rashes over most of my body and I was vomiting. The other two prisoners in the cell were worried and expressed their concern about my health to the guard who brought the afternoon bread roll. I had run out of commissary food, and I was struggling with the afternoon temperatures. I have no idea if the guard reported what he was told by the prisoners about my health.

432. At 11.30 am on Thursday the 27th of December 2012, I was told by a guard to “put on my clothes”, I was being taken the 100 yards to the bank to cash a cheque which I was told had arrived over Christmas from the UK, from Mr & Mrs Taylor. I now know that it had actually arrived before Christmas. This was so, so welcome. It gave me an opportunity to leave the letter that I had written to the Chief Officer at the administration block, on the way out of the prison.

433. Superintendent Dorset was not at the prison on the 27th of December 2012, for the Chief Officer to refer to. When I returned from my short and wobbly walk in hand cuffs to the bank, there were instructions from the Chief Officer that I be moved to cell 26. I believe that this was a life-saving relocation for me.

CELL 26, Thursday 27th December 2012, to Sunday 26th May 2013

434. I was returned to cell 26 on the 27th of December 2012. There were 47 prisoners in Cell 26 at that time and it measured only 20ft x 27ft, but compared to living each day in stench-filled near darkness of cell 23 where you could not even see the bugs that were biting you, it was a lesser trauma. However, cell 26 was seriously overcrowded and my physical condition was very poor.

435. I wrote a short letter on that day to Mr & Mrs Taylor letting them know that I was safe and thanking them for the funds that they had sent. The letter records the details of my arrival in cell 26 CLICK TO READ

Communication number MA/27/27th December 2012

Dear Mel and Al,

I made it back to cell 26. It’s just a shabby concrete box but so very different to cell 7 and cell 23. Daylight! Air to breath.

I was supposed to be taken out of cell 23 on Christmas Day but it did not happen. Boxing Day (yesterday) I was vomiting and had a very dizzy head. I had not been outside cell 23 since your phone call on 19th December. I could not balance well when I got up to pee (that and a wash being the only reason to move off the floor). I think it was a combination of things, the dark, the stench, the stale air, the ridiculous diet. Gavin was getting concerned about me, bless him. He is so tough, he was coping well, but he’s half my age. I was still wobbly with a headache this morning, but my stomach was stable. Around noon a guard came and took me to the gate house, eyes squinting in the bright sun. Your cheque had arrived.

Thank you so much! I took the opportunity to present my note to the senior guard (I had written it 3 days ago on Christmas Eve because I guessed that they would not do anything with Dorset away for the holiday). I guess a reminder in writing, stating that Dorset had said that he would put me back in cell 26 drew frowns, but it worked! [sketch of smiling face] And here I am. Breathing clean air and looking out of a window onto the prison yard for the first time in 5½ months. I pray that I never go back to the dungeons or the roof!!

I got a welcome from a couple of guys who were in here when I was taken to cell seven. One said he did seven days in a dungeon cell once and was horrified at my five months. He said that he’d heard of the conditions in 23 too (which he hoped never to see first hand) and he vowed that he was going to write to the papers about the treatment and conditions here when he gets out. I wonder if he will.

One of the prisoners in this cell has a small shaving mirror (against regulations) and so I looked at myself. What a sight. Like a Japanese P.O.W. Hollow cheeks, straggly hair and a tatty growth of beard. I took my sharpest razor (about as sharp as a butter knife) and scraped my face. Ouch!!.

One of the guys cut my hair, in return for some of the oatmeal that Miss Innis brought me. I just need to put some weight back on now, which thanks to you I can do.

This cell is monstrously overcrowded, we are stacked three high. I am on the floor under a bunk. The clearance between the bunk above me and the floor is 12”. SERIOUSLY. Try getting under that to sleep with my rickety old joints. It’s like sleeping in a letter box!! But cell 26 is luxury compared to cell 7 and 23. And here I have contact with prisoners who work in the garden. A prisoner lent me his bucket to sit on and I am squeezed in a corner near a window looking out at the yard through the bars (no glass of course) enjoying the air and writing this letter.

The guards here need to learn humanity. One has just berated me through the bars, presumably annoyed that I made it back here alive. A prisoner jokes that, “you beat them white man, and in a black man’s jail”. I don’t feel any victory though, – only relief

436. CLICK TO VIEW , the original of my letter MA/27 to Mr & Mrs Taylor written on the 27th of December 2012, which has been returned to me for inclusion in this account.

437. Being back in cell 26 with daylight and relatively clean air to breath, after five and a half months, was quite surreal to me. A shock to the system. A lesser trauma and a relief that brought tears to my eyes. Part of my letter MA/28 to my friends Mr & Mrs Taylor records the shock to my system:

Communication number MA/28/31st December 2012

Dear Mel and Al,

Today makes one year since I was arrested and this nightmare started. The last 5½ months before coming back to cell 26 has been like a walk across an enormous frozen lake where the ice is not really thick enough to hold my weight. I could have “fallen through” at any time. Now that I am back here, relatively safe from daily physical danger, the emotion is washing over me. A bit like shock after a bad car crash. Except that it is ongoing each day. At times I find my eyes leaking without any particular reason. Hopefully it will pass soon.

The prisoners in cell 26 are different. I have been back for five days now and there has not been a fight or a wounding. In the dungeons it is a daily occurrence. Previously in cell 26 around thirty of the forty-seven prisoners, squeezed into this tiny space, were openly racist and verbally aggressive towards me. Now most of them are passive towards me and the few who know me are openly respectful.

I am having bad dreams. Prisoners who sleep next to me, tell me that I turn continually when I sleep. I never sleep for very long.

438. CLICK TO VIEW , the original of my letter MA/28 to Mr & Mrs Taylor written on the 31st of December 2012, which has been recently returned to me for inclusion in this account.

TRAUMA DUE TO IMPROPER SERVICE, January 2013

439. On the 7th of January 2013, I was visited by Honorary Consul Sarah Percival. I asked her to speak with Superintendent Dorset again about the improper service of FCIB’s Application to sell Rawlins Plantation Inn, which I had received on the 1st of October 2012. Ms Percival spoke to Superintendent Dorset in my presence. He again confirmed that the service was improper.

440. READ BELOW my journal entry which records this visit and the confirmation by Superintendent Dorset that the service of the 1st of October was made behind his back

Monday 7th January 2013

1. Sarah came around 10.30 am. . . . . Asked her to speak with Dorset about Re. KWF service, which she did. He confirmed again that the service of 1st October was improper. . . . I am

so

exposed

2. Wrote letter to Dorset confirming what he said again today, that service on 1st October was not done with his permission. Asked him to confirm this to Inniss. He is resisting going into writing.”

441. On the same day, I wrote to Superintendent Dorset to confirm his acknowledgement that the service of court documents on the 1st of October 2012 was improper and to point out that a hearing of the Application was scheduled for the 15th of January 2013. My letter of the 7th of January, 2013, to Franklin Dorset stated as follows:

FAO Superintendent Dorset

Basseterre Prison

St Kitts

Monday 7th January 2013

Dear Mr Dorset,

Thank you for speaking with Honorary Consul Sarah Percival and I when she visited today. I also thank you for confirming once again to us both that the “service” by agents of Kelsick, Wilkin and Ferdinand, made on me here at the prison, on 1st October 2012 , was not done properly and was without your approval. I understand that you have referred the matter to the Attorney General.

Those same lawyers are still trying to take advantage of my position and have subsequently written to me here on 11th December 2012, to give notice (just like service) that I must attend court with my defense on 15th January 2013. As you already appreciate, I am in no position to leave the prison whilst on remand to prepare a defense from documents in my office, or to attend court next Tuesday 15th January.

I have asked Miss Innis, acting for me in the criminal matter, to request on my behalf, that the court strikes out the “service” of 1st October 2012, after your several confirmations that it was not done properly. This she is happy to do, but will no doubt require you to simply confirm to her in writing the fact that the service was not done properly, so that she can inform the court. Undoubtedly next Tuesday KWF intend to tell the court that I had notice of this latest court date, by the letter that they sent (in effect served) here on 11th December 2012, on me, via your officer.

They are evidently trying to manipulate your system as well as compromise me. They know full well that I am not in a position to defend their application to sell my property, as I would emphatically be able to do, if I was not incarcerated.

I would be most grateful if you could speak with Miss Innis and confirm the facts of this matter in the same terms that you have kindly done today and previously with Honorary Consul Sarah Percival.

Sincerely,
Kevin Horstwood

Cc Innis and Innis
Cc Honorary Consul Sarah Percival
Cc Attorney General
Cc Court Registry
Cc Calvert solicitors, London

442. CLICK TO VIEW , an original copy of my letter to Franklin Dorset, written on the 7th of January 2013.

443. As I was expecting a visit by Angela Inniss, I also wrote to the lawyer Saul Lehrfreund regarding the service attempted by FCIB and requesting assistance from the British FCO. My letter stated:

SJ /24/8th Jan 2013

Dear Saul,

R.E. Request for immediate Foreign Office intervention

This is a request for immediate Foreign Office intervention on my behalf. My Civil Rights are being abused by senior prison officers who are acting outside of S.I. Dorset’s authority and control and against prison regulations. Superintendent Dorset has confirmed this on two separate occasions in the presence of Honorary Consul Sarah Percival (including Monday 7th January this week) and yet he is refusing to give his confirmation in writing to me or to Angela Innis. He purports that he has referred the matter to the Attorney General, although I do not believe him for a moment and it will shortly be too late.

Angela Innis confided in me last Thursday 3rd January, that it is routine for local lawyers to bribe prison officers behind S.I. Dorset’s back to gain access to illicitly serve civilian litigation documents on prisoners, to which the prisoner is then prevented from defending in court because he is incarcerated and not allowed to attend.

I was brought from a “lock down” cell (cell seven) on 1st October 2012 and taken to the prison Gate Office to involuntarily be served with civil litigation documents. I complained in writing to S.I. Dorset (copied to the British Consul) and the service was confirmed by him as “improper” and without his approval. He said in November last year to Honorary Consul Sarah Percival and I that the matter had been referred by him to the Attorney General and would not proceed. However a subsequent letter form KWF, lawyers acting in the matter, dated 11th December, states that it will be heard on 15th January 2013.

The court application will result in the loss of my hotel Rawlins Plantation if it is allowed to proceed on 15th January. I am not in a position to prepare a defense because all relevant documents are in my office and I am not in any event allowed to leave the prison to attend civil proceedings. Please request F.O. intervention immediately, in support of my Civil Rights in this matter. This alleged “service” must be struck out!!. Please send a strongly worded letter to Michael Toohig and the St Kitts Attorney General as well as the F.O.

I ask this irrespective of any consequences to my physical well being. Please confirm receipt of this request to ease my concern. I have suffered enough Saul, please do not allow my Civil Rights to be abused in this way.

Sincerely

Kevin Horstwood

444. CLICK TO VIEW , an original copy of my letter to Saul Lehrfreund, written on the 8th of January 2013.

446. READ BELOW an entry from my journal made on the 8th of January 2013, which records my concern at the upcoming FCIB hearing.

Tuesday 8th January 2013

1. Wrote a letter to Dorset Re. the FCIB service, – confirmation to Inniss of what he had said.

2. . . . . I was ready about 3.30 pm but Inniss did not show. I have written a fax to her with a copy of the Dorset letter to send to Court Registry, + Attorney General, + Calverts, + Sarah. Got to “stir it” big time, if I’m going to stop this run away train!! I hope to get the fax sent tomorrow and the letter given to Dorset. Hope Inniss comes tomorrow.

3. I’ll try sending a fax to Saul tomorrow . . . . . “

447. The next day, the 9th of January 2013, I requested permission to send a fax to Saul Lehrfreund regarding the denial of my right to attend the FCIB hearing to defend myself after service of documents. Superintendent Dorset refused and told me that the Attorney General had said that I had to accept service even if I was not allowed to attend the Court hearing. The Attorney General at the time was Jason Hamilton, a partner in the law firm Hamilton & Co. His law firm represented Bilzerian. This firm had already perpetrated illegal service on me in January and February 2012.

448. On that same date, of the 9th of January 2013, FCIB’s lawyers tried to serve me again. I refused. Mr “Bull” Harris, the officer in charge on that day, threatened to “throw me upstairs” (that is, into the rooftop punishment cells, where I had recently been incarcerated) for not accepting service. I still refused.

449. On the 10th of January 2013, I wrote to Superintendent Dorset again, asking to speak with Danielle Millington, the British Consul in Barbados. Superintendent Dorset did not respond. I also came down with a bad flu on this day.

450. I was visited by British Consul Sarah Percival on the 12th of January 2013.

451. READ BELOW entries made in my journal between the 10th and the 13th of January 2013, which record the trauma which I suffered due to the denial of my rights to answer service made on me by FCIB.

Wednesday 9th January 2013

1. What a terrible day. Dorset would not send my fax to SMAB – he refused, said they cost too much

2. He is just frightened of communication. I gave him my letter which he did not like at all. Then he said that the Attorney General said I have to accept services. This is against my Civil Rights!

3. KWF came to try to get me to accept a service again.

4. Harris threatened to throw me upstairs for not accepting service – I still refused. He did not carry out his threat today but probably Dorset will, tomorrow.

5. Wrote letters 24 + 25 to Saul. Very, very concerned . . . had enough!!

Thursday 10th January 2013

1. Very concerned about Rawlins. Wrote letter number 26 to Saul asking for help. . . . Hoping Inniss will turn up. No time left before the KWF hearing.

2. Felt very rough – got flu. Very run down.

3. Inniss did not come.

Friday 11th January 2013

1. I wrote a letter to Dorset asking to speak with Danielle Millington. I got it to his letter tray via xx. But he did not respond or send for me.

Saturday 12th January 2013.

1. Got up very early . . . . drafted a representation to the FCO asking for intervention to protect my Civil Rights and my property.

2. Sarah came a 8.30 am . . . . she said she would do what she could. Very grateful that she came!! I think I’ve done all I can. Just wait and pray now.

5. Flu still bad, wearing red jumper most of the day.

Sunday 13th January 2013

1. Rained most of the day + cold. Felt shivery + fluy + sad.

3. . . . . . worried about losing Rawlins.

ARRAIGNMENT, 15th January 2013

452. On the 15th of January 2013, I was taken to the High Court for my arraignment. It was a very humiliating and demeaning experience to go through in public. It was the same court building where FCIB’s Application to sell Rawlins Plantation was due to be heard. I was not allowed to stay for the FCIB hearing. READ BELOW an entry that I made in my journal on the 15th of January 2013, which records that morning.

Tuesday 15th January 2013

1. Very down [sketch of sad face] Worried about Rawlins. Had Arraignment this morning. Very humiliating and traumatic. Publically demeaning. Nothing can ever excuse this malicious prosecution. . . .

2. No indication what happened with Rawlins. I can only presume the worst. . . .

4. I feel so abused and violated by this system. . . . Like a nightmare that I can’t wake up from.

453. That same day I wrote to the British FCO again regarding my arraignment and continued detention, together with the prison’s denial of my right to attend the civil proceedings served by FCIB.

FAO Mr Craig Lucie and The British Foreign Office.
15th January 2013.

Dear Mr Lucie and British F.O.,

I was taken to arraignment at Basseterre High Court yesterday January 15th. It was publicly demeaning. I feel abused and violated. Nothing can ever excuse this outrageous, malicious prosecution of an innocent British Citizen and my false imprisonment for one year, sixteen days and counting.

Please respond to my written appeal for support of my Civil Rights via Honorary Consul Sarah Percival on Saturday 12th January 2013.
I was yesterday prevented from appearing in court to defend my property in Civil Actions which were illicitly and involuntarily “served” on me in the prison on 1st October 2012. I look forward to your urgent support.

Sincerely

Kevin Horstwood

454. CLICK TO VIEW , the original copy of my letter to Craig Lucie written on the 15th of January 2013.

FURTHER ABUSE OF MY CIVIL RIGHT TO RESPOND TO COURT SERVICE, January 2013

455. From the start of my incarceration in 2011, through 2012, and into 2013, I was not allowed to respond to civil proceedings that were served on me at the prison. I was also not allowed to attend Court for these proceedings. My right to defend myself and my company in these civil proceedings was simply taken away.

456. On the 30th of January 2013, Chief Officer Liburd removed me from cell 26 around lunchtime when a process server arrived. I refused to accept service. I did not know what the documents were, but I did know that I would not be allowed by the prison to respond to them, and so I refused to take them. The process server told me that the matter would be heard on the 4th of February anyway. Chief Officer Liburd referred the matter to Deputy Connor, as Superintendent Dorset was away.

458. The next day, I again asked Chief Officer Liburd to allow me to speak with the senior officer but he ignored me all day.

459. Although the prison knew that the FCIB matter was scheduled to be heard in Court on the 4th of February 2013, I was not taken to Court on that day.

460. READ BELOW entries that I made in my journal between the 30th of January 2013, and the 4th of February 2013, which record my distress at not being able to defend my home and business property, which I had spent seven years building up and in which I had invested my life’s earnings.

Wednesday 30th January 2013

1. Wrote letter number 30 to Saul asking him to write to FCO confirming my right to defend.

2. At lunch time a server turned up. Liburd got me out of cell 26. I refused the service on the grounds that I have no access to my documents in my office or communications with my civil lawyers in London. And the litigants are trying to use the Court service to take advantage of my position, because they know that I can’t defend

3. Liburd referred it to Connor (Dorset is away) I told him that I have referred it to the British Consul. He was disdainful and disrespectful. I expected him to send me upstairs, but he did not . . . The server said that the matter will be heard anyway

4. . . . . . I wrote to Saul letter 31 this afternoon asking for his and Julian’s help. If only I had proper com’s! I hope Inniss or Sarah come’s before Monday, that’s when this matter is due to be heard again. Getting the letter to Saul is a nightmare.

“Thursday 31st January 2013

2. At around 1.30 pm the process server came back. I was taken to the gate house. I refused the service. He threw it on the floor. I gave perfectly reasonable reasons for not being able to accept the documents. He did not care. This is not good service and not constitutional.

3. I asked Liburd that I speak to Dorset. He’s away, maybe the timing of this action is due to that!! I asked that I speak to the senior officer in his absence. I showed my written request to speak to the British Consul about the unconstitutional service. He refused to allow me to speak to Connor or the British Consul. Liburd said that the service had been, “pronounced good by the Attorney General and so if I was not satisfied I should call . . (goes to ask a prisoner who the P.M. of UK is ) . . . I should call David Cameron.” I pointed out that the correct channel was via my Consul Danielle Millington. Liburd refused
Friday 1st February 2013
1. Asked Brown to speak with Connor early this morning but he wasn’t in yet.

2. I heard the three whistles at around 9.30. I asked again. Brown said he’d asked for a meet, but all day Connor ignored me. I asked Liburd this afternoon, but he just grinned. They are deliberately ignoring me. That is an abuse of my Civil Rights!

461. READ BELOW my entry on the 4th February 2013, when the Rawlins Plantation matter was scheduled to be heard in Court my journal recorded”

Monday 4th February 2013

1. No effort what-so-ever to take me to Court

462. On Tuesday the 5th of March 2013, I was taken to Court at a moment’s notice. It became clear that FCIB were trying to get a rubber stamp on the judgement for the sale of Rawlins Plantation, which they obviously obtained on the 15th of January.

463. On the 6th of March 2013, I wrote to SMAB in London, my legal advisors for the criminal indictment regarding my attendance at court on the 5th of March 2013.

464. CLICK TO READ , my letter to Saul Lehfreund on the 6th of March 2013.

Wednesday 6th March 2013

Dear Saul,

I hope that you and the team are all well. I was taken from the prison to court yesterday morning without notice. In court it seemed to be an application from FCIB asking the Court to approve a sale of Rawlins Plantation having recently been given approval to sell it for a low figure. (This approval must have been the “service” that I refused on 10th January)

After appearances were noted, I pointed out to the Court that I had been given no notice of the application today and also that my Civil Right of defence was being compromised by my denial of access to documents in my office with which to prepare a defence brief for my civil lawyers and that I had also been denied, by the prison, my Civil Right of attendance at court to defend the previous application.

I further pointed out that this whole scenario had happened before the two previous occasions during my incarceration. Once with respect to my hotel The Golden Lemon Inn + Villas and also with respect to two plots of land at Rawlins Plantation. And that now, the former had been misappropriated and the latter resulted in a default judgement against me personally.

I went on to say that I had reported the situation to the British Foreign Office and that I had refused all services on this matter because I was not being given the right to defend them. I only get brought to court to hear judgements or subsequent applications for costs.

It was stated that the Court had on file an affidavit from a process server, stating that he had served me a previous application on 10th January which resulted in a judgement on 15th January, in respect of this matter.

I informed the Court that on 9th January the server had tried to serve me but that I had refused to take the documents on Civil Rights grounds, or to sign for them, even though senior prison staff were threatening me with punishment. The server went away and returned the next day 10th January. I was again taken from the cell and brought to the Gate Office to be served. The process server said that the Attorney General, Jason Hamilton, had directed that it was permitted for the documents to be forcedly served on me even if I was then being refused access to defence documents, legal counsel and court attendance. I still refused to accept the service or to sign, even under further threats from senior prison staff.

The court “Master” then asked me what became of all the documents?

I informed her that the process server threw them on the floor and said that the matter would go ahead on the 15th January anyway. The senior prison guard told me to pick them up. I declined. He said that, in that case they would go in the bin. I was then taken back to cell twenty six. “So far as I know Master, they went in the bin,” I said.

The Master rolled her eyes and was seemingly indifferent.

The opposition lawyer then stated that as a prisoner I was not entitled to leave my cell or access documents for civil matters and that it “beggared belief” that I should impugn to refuse service. He scoffed at the notion that the British Consul or F.O. was of any consequence.

I responded that I was an innocent man on remand for a crime that I did not do. Notwithstanding this I am treated as a convict and locked up with convicts. I pointed out that I was being oppressed and in fact “gagged” and my Civil Rights abused for the purpose of miss-appropriation of my property at a price dramatically below it’s true value. And that it was this abuse that “beggared belief”. The lawyer was furious.

I then stated to the Court that I considered what was happening was immoral and that the Attorney General was in any event conflicted because it was his firm who had forcibly served me with the previous matter in respect of my hotel The Golden Lemon. The Master was seemingly indifferent.

I asked the Master to record all that I had said for the record. She said that she had taken notes, although I am concerned that when the opposition lawyer spoke, she typed what he said, word for word, and yet much less so, when I was speaking.

The outcome was that the Master said that she felt that she had to adjourn the matter until 9th April, because it had been necessary to tell the prison to bring me “on the spot” and clearly I had “not been given notice of the application today”. The opposition lawyer asked that this be deemed notice for next time, so that the matter could be concluded on that date. She agreed.

I asked if I could make a verbal application, here and now for a stay of these proceedings until my Civil Right of defence was respected. The Master said, “no, any application must be made in writing by a lawyer”.

I asked that she direct that I should be allowed access to documents in my office to prove the under valuation and also free access to use telephone and fax to contact my existing legal counsel Calvert’s in London, so as to be able to formulate a response and defence to the application. The Master said that she had no jurisdiction to do so.

I stated, in that case, I had no way to defend myself. She said that I should try “to do something” and refused to speak further on the issue.

MITCHAM AND BENJAMIN ARRIVE, 3rd April 2013

465. On the 3rd of April 2013, I was taken from cell 26 to a meeting room. Constance Mitcham of the law firm Mitcham & Benjamin had come to see me about FCIB’s civil case against Rawlins Plantation. At first a guard stayed in the meeting room, but Ms Mitcham pointed out that these were confidential civil legal matters, and so she needed privacy with her client. That was the first glint of things to come.

466. Ms Mitcham told me that Paul Aparo, a lawyer in the US and a guest at Rawlins Plantation, had telephoned her. He expressed concern that as the owner and Managing Director of Rawlins Plantation I was not being allowed access to the Court to answer the civil claim against me. He also informed Ms Mitcham of an upcoming hearing of the 9th of April 2013.

467. I was pleased to accept assistance from Mitcham & Benjamin. Ms Mitcham visited me twice more before the hearing date on the 9th of April 2013 to prepare documents with me. She advised the prison authorities of the upcoming hearing date, and that I needed to attend. This time, they did not ignore the Court hearing date.

THE DEATH OF GLYN WEBB, 9th September 2013

468. The prison was at all times overcrowded, the sanitation was inadequate, and the prison was rife with infections. Prisoners who became sick or were run down by lack of vitamins and the lack of healthy nourishment were less likely to be able to combat the infections.

469. In the early morning of Monday the 9th of September 2013, a prisoner called Glyn Webb was brought out of his cell by the guards and dumped in the prison yard. He could not stand unaided. He had a severe fever.

470. Glyn was left lying on the ground in handcuffs without even any water. It was a distressing sight. The guards ignored him whilst each cell was consecutively unlocked and relocked as the prisoners came out to collect their breakfast ration, from the food bench in the yard.

471. Glyn looked very sick and was sweating profusely. I was told, by his cellmates, that he had been asking for a doctor since yesterday, but that the person in charge of the shift (Ashley Pemberton) had declined to send him to hospital.

472. Glyn died in the yard in the plain view of me and other prisoners, from our cell window. The undertaker was called. The undertaker had to find a guard with handcuff keys to remove the handcuffs before he could take the body away.

473. Witnessing Glyn’s death was traumatising for me. Glyn was just 31 years old, nearly half my age. Inside the cell, it was abnormally silent for some time, each prisoner contemplating what we had just witnessed. One prisoner commented that “it could have been any one of us”.

474. What I saw will never leave me. It is just part of the depravity of Basseterre prison at that time. I still have bad dreams about it.

475. READ BELOW an entry made in my journal on the 9th of September 2013:

Monday 9th September 2013

1. Got started at 8.00 am. Soon after it became apparent that a prisoner who had been brought out of his cell at around 4.00 am this morning and left outside on the ground in handcuffs, was dead. He had been asking to see a doctor since yesterday afternoon, but there’s no doctor here, and even when he was taken out of the cell early this morning, obviously with a fever, none of the guards bothered enough to call an ambulance. As Xxxxxxx commented, “it could have been any one of us”. As Xxxxx commented, “don’t get sick”. It was Pemberton in charge last night – the man is evil!

476. Two days later, on the 11th of September 2013, a new part-time doctor was appointed. I was taken out of the cell with the other prisoners to meet with a doctor, who told us that a new prison doctor would be starting the next day and that if we felt unwell when no doctor was present, then we would be taken to the hospital. The doctor asked if we had any questions. I asked what type of bacteria had killed Glyn Webb and where it had come from. The doctor did not answer. READ BELOW an entry made in my journal on the 11th of September 2013:

Wednesday 11th September 2013

1. Got started prompt at 8.00 am, but within minutes, we all had to go out the cell to be addressed by a slightly coy doctor, saying that a new prison doctor would be starting tomorrow and that if we felt unwell when no doctor was present that we would be taken to hospital.

He asked for any questions. I welcomed him but said that it was “a bit like closing the stable door when the horse had bolted”. I asked what type of bacteria had killed Glyn Webb and where had it come from. He declined to give details.

477. Two more prisoners died during my incarceration, one known as “Shotgun” form St Kitts and one from Nevis. I saw them getting sick and frail, but I did not witness their deaths.

478. I thought my own time had come almost two years later, on the night of Saturday the 18th of April 2015, when I became very ill with an infection. My chest had been very painful for a couple of weeks and that day, I woke up feeling terrible, like I had been run over by a truck.

479. By that night I could not stand unaided. I had a high fever and I was dripping perspiration and yet shivering. I woke around 2.15 am, shivering uncontrollably. My hands and feet were numb with pins and needles. I could not stop it. I was very frightened. I got my woolly pullover on and socks and trousers, but I still could not stop shivering, and still could not feel my fingers and toes. I thought I could be having a stroke.

480. I asked Carl, a fellow prisoner, to ask the guards to get a taxi, which I would pay for, and take me to hospital as it was an emergency. Carl asked but initially the guards in the yard refused. A long-standing senior prisoner in the cell, Jeffery Martin, then asked to speak with the senior officer that night, who was, fortunately for me, Sgt Solis, one of only two compassionate officers on the staff. Eventually, permission was given to take me to hospital. I was half carried by Jeffrey to the prison pickup and we were then driven to the hospital by a prison guard.

481. Around 3.30 am, I arrived at the hospital. I initially could not stop shivering and was peeing a tablespoon of pee every few minutes. The nurse took details and my temperature. She told me I had a fever and gave me two paracetamol. She told me to take off my woolly jumper which I thought was nuts, because the hospital had ventilation ducts and it was chilly. Within minutes of taking off the woolly jumper, I was literally dripping pools of sweat on the floor. I was dripping from all areas of my face, and my hair was wet as if I’d just had a shower. A cleaner had to come and mop up the sweat.

482. The nurse said that perhaps I ought to go have a half hour cold shower to get rid of the fever. I could do nothing. I had zero strength. I just sat there and dripped pools. I was feeling very faint and asked them if there was anywhere where I could lie down until I felt better. The nurse initially suggested the hard plastic chair but eventually allowed me to lie on a stretcher in the evaluation office where she took my temperature. Then another nurse came and suggested something should be tested, so I was taken, half carried by Jeffrey, into a treatment room.

483. A second nurse did an ECG. She had to wipe the sweat off all the areas that she needed to stick her sensors on, because they kept slipping off. She ran the test twice and then decided the heart was OK.

484. Then she stuck a blunt pin-type item into my finger to test the blood sugar. She now decided that the problem was definitely a fever. I just dripped. By this time my tee shirt had been taken off and my socks, and so I was chilly, even though dripping sweat. However, this stretcher on wheels was a bit more comfortable and I was less frightened because the ECG machine was on my side.

485. I was still worried about pneumonia. My blood pressure was 134 over 86, which was very high for me.

486. Then a doctor arrived and started putting her stethoscope all over my chest and back. My head was dizzy and my eyes were aching as bad as the rest of my body. The doctor looked at me sternly and asked how long my chest had been like that. I said around two weeks.

487. I was immediately treated intravenously with ciprofloxacin, which is used to treat pneumonia.

488. It took me several days to pull through but I recovered. It was the worst illness that I have ever had in my life. I am sure in my own mind of one thing, that if Sgt Pemberton had been on duty that night instead of Sgt Solis, then I would not be here now.

489. READ BELOW an entry made in my journal on the 18th of April 2015, which records this incident.

Saturday 18th April 2015

3. woke at 2.15ish, shivering uncontrollably and my hands and feet were numb with pins and needles, I couldn’t stop it, very frightening, I got my woolly pullover on and socks and trousers, but still couldn’t stop shivering, still couldn’t feel my fingers and toes, thought I could be having a stroke [sketch of a sad face] Everywhere cold, everywhere pain and pins and needles in hands and feet.

4. Asked Carl to ask the guards to get a taxi which I will pay for and take me to hospital. Carl tried, but initially it was a “no”. Then Jeffery tried and eventually (because thankfully it was Sgt Solis on duty in the gate house) I was allowed to be half carried by Jeffry to the prison pickup and then driven to hospital.

5. It was around 3.30 am ish when we were at the hospital. I initially couldn’t stop shivering and was peeing a table spoon of pee every few minutes. The nurse took details and my temperature. She told me I had a fever and gave me two paracetamal and told me to take off my woolly jumper which I thought was nuts, because the hospital had ventilation ducts and was chilly. When I took off the woolly jumper, within minutes I was literally dripping pools on the floor, a cleaner had to come and mop up the sweat, I was dripping from all areas of my face and my hair was wet as if I’d just had a shower. The nurse said I ought to have a half hour cold shower to get rid of the fever. No chance! I just sat there and dripped pools. I was feeling very faint and asked them if there was anywhere I could lie down until I felt better. The nurse initially suggested the plastic chairs which were hard polypropylene plastic, but eventually allowed me to lie on a stretcher in the evaluation office where she took my temperature. Then another nurse came and suggested something should be tested, so I was taken, half carried by Jeffery into a treatment room.

6. The second nurse did an ECG. She had to wipe the sweat off all the areas that she needed to stick her sensors on, because they kept slipping off. She did it twice and then decided the heart was OK .

MY FIRST BAIL APPLICATION, 24th September 2013

490. A new assizes in St Kitts commenced on the 24th of September 2013, with a new Judge in place, called Honourable Mr Justice Darshan Ramdhani.

491. I was taken to the assizes and called up to the stand. I raised with the Judge the issue of the DPP’s non-compliance with an Order for disclosure. Justice Ramdhani seemed supportive and set a hearing in chambers for the following Monday at 8.30 am. Justice Ramdhani asked if I was applying for bail, and I naturally said that I would be very happy to apply for bail.

492. READ BELOW my journal entry.

Tuesday 24th September 2013

1. Court morning, weather close, an overriding sense of oppression and trauma. A god forsaken regime.

2. Xxxxxx tells me that my note got to Constance Great!! Really cheered me.

3. Was taken to Court as usual for opening of the assizes. But the atmosphere was not “as usual”. The new judge was stamping his authority. I swallowed hard and brought to his attention the non-compliance of the DPP with the Court Order. Amazingly he was supportive, he directed that there be a hearing in his chambers at 8.30 am on Monday – Wow!! He even asked me if I was applying for bail!!!! – Wow!!!!! I said I’d be “very happy” to apply for bail.”

493. I tried hard to get a bail Application put before this Judge at the earliest possible time. Although Ms Mitcham was strictly assisting on civil matters only, she kindly contacted my legal advisers in London, SMAB, to ask them to prepare a bail Application. They did this via a new local agent that they had appointed, one Mr Caines.

494. The bail Application was filed on the 27th of September 2013. I was taken to Court on the 30th September for a hearing. The DPP Travis Sinnanan objected to bail and asked for an adjournment. The Judge gave him one week.

495. On Monday the 7th of October 2013, the Application for bail was heard. It was vehemently opposed by the DPP. The judge adjourned the matter for further filings.

496. Two years later on the 2nd of November 2015, at the hearing from which I was released, the subsequent DPP (Ag) Mr Arudranauth Gossai told the Judge, Honourable Madam Justice Marlene Carter, that from the start the Crown had information which would have been useful to the Defence but had failed to release it. In addition Mr Gossai stated that there were anomalies in the police case, which as a DPP coming to the case “shouted” at him as soon as he read the file. He quoted an example, “the police have alleged that the crime took place in the Defendant’s kitchen, and yet their scenes of crime personnel were never sent to the Defendant’s kitchen”. Travis Sinnanan obviously ignored all the anomalies and then saw fit to strongly object to bail, for reasons, which appeared unreasonable and ill founded.

497. I had no reason to leave St Kitts because I had done nothing wrong and there was no credible evidence against me. In fact, all the contemporaneous evidence showed that I could not have done the crime. Plus, all of my net worth was here. I had no reason what-so-ever to go anywhere. The technicalities of why it was just physically and practically unviable and undesirable to me to leave St Kitts were explained in detail in the bail hearing. However, the harder my counsel emphasized the facts the stronger became the objection of the DPP. The judge adjourned the matter to allow for further filings.

498. Mr Caines, a local lawyer instructed by SMAB, who was representing me, filed a further Affidavit and documents on or around the 21st of October 2013.

499. At 2.00 pm on Thursday the 14th of November I was taken to a further hearing in respect of my Application for bail. The judge made comments which I felt were an indication that he was minded to give bail, however the matter was adjourned until the following Friday, the 22nd of November 2013.

500. On Friday the 22nd of November 2013, I was taken down to the Court at 8.45 am. I sat in the Court for 3 hours, my case was not called until 12.30 pm. The Judge gave his decision. He upheld the objection of the DPP, there was to be no bail. I was devastated and incredulous. This was so unfair. As my journal records, I was “numb with sadness”.

SADNESS AT CHRISTMAS, 2013

501. It is a terrible thing to be away from loved ones and all that you cherish at Christmas. To be wrongfully imprisoned, denied bail and in the prevailing circumstances of my incarceration was simply purgatory.

502. READ BELOW two entries from my daily journal for that Christmas.

Monday 23rd December 2013.

1. Around 8.30 am we were called out on parade. Dorset spoke about stuff. Load of nonsense. One of the nonsense statements was that the people working in the garden did not produce enough vegetables for us to have a better diet. A proper diet in prison is a Human Right!! Lots more nonsense where that came from. . . . “

Wednesday 25th December 2013

3. There was no recreation today, and the cells were not left open as Dorset said yesterday. So, I did not get out all day. . . . . . . Must write a draft for the visit of Patrice Nisbett which is scheduled for Friday. Will do that in the morning. A sad, sad, sad Christmas Day. . . . . “

MY STRUGGLE FOR ACCESS TO LEGAL PROCESS, January 2014

503. On Tuesday the 14th of January 2014, at the opening of the assizes, Mr Caines, who had agreed to represent me under the direction of SMAB, did not show up. So, I spoke on my own behalf.

504. Around one week later Mr Caines withdrew as my local agent, without even visiting me once, and without informing me. Given that I was unable to retain dependable local counsel, it became evident to me, that to make real progress in Court I would have to represent myself.

505. On the 27th of February 2014, I received a copy of DPP Sinnanan’s response to Mr Caines’ notice of withdrawal from representing me. From then on, I acted on my own behalf.

506. Management and guards at the prison constantly and aggressively humiliated me about my decision to represent myself. They told me repeatedly and in a derisory manner to get a lawyer and that I was not allowed to represent myself.

507. In response, I would humbly tell them that I was aware that the Constitution of St Christopher and Nevis provides that “every person who is charged with a criminal offence shall be permitted to defend himself before the Court in person”. Deputy Connor told me: “I know what the Constitution says, but we run things here”.

508. Superintendent Dorset simply scoffed and said that I was a “trouble maker” and, as always, called me “a dangerous man”.

509. All I wanted were my rights to access the legal process. I had no option but to fight for them. It was a long, and unequal struggle.

510. The more I tried to take steps to represent myself, the more obstacles and negative reactions I encountered from the prison. I was flatly denied confidential and privileged telephone conversations with my legal advisors SMAB. The attitude of the prison management at that time was “tell us which lawyer you want to speak to, and what you want to say, and we will make the call and tell you their response”. This was a violation of my rights. I made myself a target for further abuse by saying so.

511. I was never at any time allowed even remotely adequate facilities by the prison to prepare my own defence, contrary to this right which is enshrined in the Constitution.

512. At 3.00 pm on Friday the 28th of February 2014, Chief Officer Liburd gave me a document stating that the DPP was requesting a case review with the judge at 9.00 am on Monday. It was too late to reach my lawyers SMAB in London that day to ask for any advice. Chief Officer Liburd refused my requests to send a fax to SMAB or even to call my local counsel representing me in my civil matters, Mitcham and Benjamin.

513. Over the weekend, I prepared for the hearing knowing that I would be on my own. DPP Sinnanan had not served me with any advance notice of the hearing.

514. On the 3rd of March 2014, I was taken to the Court. When I was called to the dock, DPP Sinnanan was condescending and tried to discredit me for representing myself. DPP Sinnanan suggested that I had fired Mr Caines before the last Court appearance and that is why he did not turn up. I was worried that DPP Sinnanan would suggest that a local lawyer be appointed by the Court, against my wishes and against my right to represent myself.

515. The judge asked me if Mr Caines was still my lawyer at the time of my last appearance. I confirmed that he was. I then proceeded to read my prepared notes requesting that the fake confession statement be examined in UK by handwriting experts. After one page, the judge asked me if I was “writing a book”. I managed to inform the Court that a proposal with a method statement was due from my legal advisors, SMAB, by the next day.

516. The Judge said that he would have expected a quicker response from SMAB. He then suggested that the Defence was causing delay to the proceedings. I was dismayed at this suggestion because DPP Sinnanan had previously caused so much delay, and the prison was making it so difficult for me to speak with my legal advisors SMAB. The Judge would not let me make further submissions. He adjourned the matter for 48 hours until Wednesday the 5th of March 2014.

517. On the 5th of March 2014, I was taken down to the Court at 8.45 am. When the Judge called me to the dock at around 9.15 am, I read out the draft of SMAB’s proposal (sent to me via Mitcham & Benjamin) regarding a method for conveyance and subsequent examination of the alleged confession statement in the UK.

518. The judge asked the DPP for his response. DPP Sinnanan was firmly opposed to my proposal. The Judge responded that he agreed with the proposal as it would prevent any police tampering. I was relieved and delighted.

519. The hearing was adjourned until the next day to allow DPP Sinnanan to review the proposal. The judge said if there was any disagreement between parties, he would make a ruling. This was music to my ear.

520. As I had done at my previous appearance, I again asked the Court that my laptop and BlackBerry cell phones, which were confiscated by the police on my arrest, be disclosed. DPP Sinnanan objected. I realised that I would have to bring another Application for Disclosure. This would be the next battle in this one-sided war.

521. READ BELOW entries made in my journal between Friday the 28th of February, and Wednesday the 5th of March 2014, which record the issues and the Court attendence.

Friday 28th February 2014

4. At 3.00 pm Liburd gave me a document stating that the DPP was requesting a case review with the judge at 9.00 am on Monday. It’s 7.00 pm in London, so too late to speak to Saul even if I could get permission – I feel this is deliberate! I asked Liburd for him to fax the document to Saul – he refused. So I asked for a call. He refused at first, but then sent for me to speak to Mitcham and Benjamin. Constance was on the phone and Liburd would not let me hold on, so I gave all the details to Miss Henry stressing how urgent it was for Constance to collect the document and send it to London. She did not come. Very upsetting!

Saturday 1st March 2014

1. Made a few notes for Monday. I’ll obviously be on my own.

Sunday 2nd March 2014

1. . . . . I’m apprehensive about tomorrow so trying to compose myself.

2. After lunch I wrote the notes for tomorrow’s hearing 2 pages. I really hope they don’t try to rush a trial before we are ready. And before we have an Advocate!!

Monday 3rd March 2014

3. . . I was called to the dock. The DPP was trying to discredit my defence. Suggested that I fired Caines before the last Court appearance to discredit my personal position. I think he was leading up to a suggestion to the judge that a local lawyer be appointed by the Court. This is grotesque!!!

4. The judge asked me if Caines was still my lawyer when I appeared last. I told him “absolutely definitely”. I then proceeded to read my prepared notes (only 2 pages) After one page the judge asked me sarcastically if I was “writing a book”. I managed to get to the part where I inform the Court that a response to the draft Order is due tomorrow. The Judge said that he would have expected a quicker response from SMAB. He then tried to make out that the Defence was the cause of the delay now. He would not let me speak again and adjourned the matter until Wednesday . . . . “

Wednesday 5th March 2014

1. . . Was taken down at 8.45 am.

2. The Judge called me around 9.15.

3. I presented my proposal – read it out in total. The Judge asked the DPP what his response was to my draft. The DPP was not approving, but the Judge said “I agree with it, it will prevent police tampering” – [sketch of smiling face] Great!!

4. The judge said that the DPP could have until tomorrow tio study my draft and then we would reconvene tomorrow to sign off on an M.O. He said if there was any disagreement between parties he would make a ruling [sketch of smiling face] Sounds promising . . .”

5. The part with the laptop and BlackBerrys being “handed over” was objected to by the DPP and I think the Judge will require a separate Application for them . . . ”

522. On the 17th of March 2014 after much derision and resistance from the prison management, I managed to file an Application for “Further Disclosure” of the prosecution’s file as well as for my two Blackberry cell phones and laptop that were seized by police on the 1st of January 2012. READ BELOW my application.

TAKE NOTICE that KEVIN ANDREW HORSTWOOD applies to the Court for an Order for further disclosure in the above matter as follows :

1. That the Blackberry telephone taken by Inspector Henderson from KEVIN ANDREW HORSTWOOD ON 31st December 2011 at the time of his arrest be provided to the Defence for the purposes of retrieving evidence important to the Defence case.

2. That two of the items of property taken from Kevin Andrew Horstwood at his dwelling place by Officer Morton on 1st January 2012, namely his MacBook laptop computer and second Blackberry telephone, be provided to the Defence for the purposes of retrieving evidence important to the Defence case.

3. That there be full disclosure to the Defence of all items in the prosecution file, including any unused evidence and information. That the Defence be given access to view the file within the next seven days and be given copies of any item judged relevant to the Defence.

523. My Affidavit of support included the following paragraphs :

I, Kevin Andrew Horstwood of Rawlins Plantation, Mount Pleasant, St Kitts hereby MAKE OATH and say as follows :

1. I make this Affidavit in support of the Notice of Application, attached, for the further disclosure of evidence which is in the possession of the Office of the DPP and relates to the charge that I committed the crime of murder.

2. On 6th March 2014 when I consented to the Application for a Variation, which was applied for by the DPP, on the Order made on 4th June 2013 by the Honourable Justice Thomas, I requested further disclosure of the items required by my counsel in connection with this case. It was indicated to me then, that this would be heard if I made a separate Application and so I apply herewith attached.

3. It is essential to my defence to have my two Blackberry telephones and my MacBook laptop computer. From these my counsel will be able to retrieve details of telephone calls, texts and e-mails which the Court may conclude clearly demonstrate the agendas of certain individuals who wish me to be, out of the way, so that they can acquire my property and who I verily believe have coerced the police to fabricate the alleged confession statement that was produced to keep me locked up in May 2012, when at the P.I. no evidence could be produced to substantiate my arrest, or at that point my 5 month detention.

4. One of the aforementioned BlackBerrys was taken from me on 31st December 2011 by Inspector Henderson, when he arrested me after I gave a statement complaining about physical threats to me by Paul Bilzerian, one of the above mentioned individuals. I verily believe that it will be concluded by the Court through evidence that my arrest immediately after making a formal complaint about Mr Bilzerian was not coincidental and that Paul Bilzerian and his “powerful friends” are inextricably linked to my illicit incarceration.

5. It is of the upmost seriousness and in fact in the National Interest that the truth be uncovered in this matter. For this reason the Defence requests permission to view the prosecution file in its entirety, that is, both used and unused evidence, because the Defence believes that the evidence there, will be instrumental in showing my innocence.

524. CLICK TO VIEW , an original copy of my above Application and Affidavit filed at Court on the 17th of March 2014.

525. I continued to represent myself, which I was entitled to do. I was continually denied access to adequate facilities to prepare my defence. I was portrayed as public enemy number one to the other prisoners by the prison management. Superintendent Dorset was openly aggressive towards me, saying I wanted “special treatment”. I did not want special treatment. I only wanted to be allowed to exercise my rights. Superintendent Dorset’s open hostility encouraged junior prison staff to mistreat me, knowing that this would find favour for them with Superintendent Dorset.

526. The Chief Officer regularly refused to allow me to go to the Court registry to file documents, especially in respect of civil matters, saying that he had no staff that he could spare to facilitate this. This was his stock excuse, but in fact he had dozens of guards. He simply did not give my Constitutional rights any priority. It was just seen as extra work for him and his staff.

527. On the 15th of April 2014, I needed to file documents at the Court Registry. Eventually after several requests, prison guard Gumbs was detailed to take me. Gumbs said that there was no transport and so we would have to walk. This was not unusual. However, he insisted that I walk all the way down to the Registry with my hands cuffed behind my back, which meant that I was bent forward.

528. I requested that he cuff me at the front so that I could walk properly, just as the other guards had done at other times when I had to walk to the Court Registry. He refused. I asked to speak to a senior officer or with Superintendent Dorset about it. Gumbs got very aggressive and forcibly cuffed my hands behind my back. He then pulled me stumbling all the way down to the Court. I had to put up with this aggressive bullying and not let it dissuade me from the task of progressing my defence.

529. READ BELOW the entry made in my journal on the 15th of April 2014, which records the bullying by the prison guard Gumbs.

Thursday 27th February 2014

2. Gumbs was detailed to take me at 9.00 am.

3. There was no transport so he said we’d have to walk. Ok, fine but he wanted me to walk down with my hands cuffed behind my back, which effectively means that you are bent forward. I requested that he cuff me at the front so that I could walk properly, just as the other guards do when we have to walk . . . He refused. I asked to speak to Dorset about it. He got aggressive and forcibly cuffed my hands behind my back and pulled me stumbling all the way down to the Court. He is a nasty aggressive bully. . . . “

530. I was a totally innocent remanded prisoner, I had to put my case to the Court, even though this made me a target. There was no option but to put up with the abuse. My journal recorded it all and is harrowing for me to read now.

531. On the 20th of July I wrote the poem Absent which is reflective of my struggle for legal rights and the contrast between the real world and the regime in the prison.

ABSENT

Another day without the joy, my spirit used to know,
without the smile within my soul, your presence did bestow.
Each day within these walls, in a world of pain and grime,
with heartfelt recollection of another place and time.
Where life is unabused and birds sing in skies of blue,
a world of human kindness, where I can be with you.

Say hello to green green grass, to blue sky, and to the sea,
tell them I remember them, and hope they, remember me.
Say hi to all the clean fresh air, breezing through the palms,
hug all my friends until again, I take them in my arms.
Do for me all the things, that I would love to do,
know most of all I ache to be, walking next to you.

This day will close like all the rest, within this tortured place,
devoid of love and tenderness, outside of time and space.
No familiar rich sensations, or old friends, will re-appear,
just cherished dreams held onto, and precious memories dear.
Take good care of all those things, that I left behind,
know as I lay my head down, you’ll be on my mind.

532. CLICK TO VIEW , the origiMY SECOND APPLICATION FOR BAIL, July 2014
533. At the opening of the assizes on the 22nd May 2014, it had become obvious that there was a backlog of cases to be heard. DPP Sinnanan said that he was taking cases “in order” and that no one was going to be allowed to “jump the queue”. I recall that the lawyer Hesketh Benjamin said that he had been coming to three assizes every year for the last four years and that his client Devon Fyfield had not yet been listed for trial, in all that time, so the prosecution’s “words were colliding with reality”. The lawyer Chesley Hamilton said that the list for trials at this assizes included many recent bailed accused persons, not prisoners, and that this was not right as incarcerated men should go first. Clapping ensued in the ranks of the assembled prisoners in the Court.

534. READ BELOW the journal entry that I made on the 22nd of May 2014.

Thursday 22nd May 2014

1. Was taken to Court for the opening of the assizes at 8.30 am

2. Hesketh Benjamin said that he’d been coming to three assizes per year for the last four years and his client Devon Fyfield had not been listed for trial in all that time so the prosecution’s “words were colliding with reality”

3. Chesley Hamilton noted that the list for trials this assizes included many recent bailed accused not prisoners and that this was not right, incarcerated men should go first. Clapping ensued!”

535. I had already been incarcerated for two and a half years. Seeing as several prisoners had been there longer, without trial, it seemed clear that I would not get a trial any time soon. I felt that Justice Ramdhani might grant me bail. If I were released on bail, I would be able to communicate freely with an appropriate lawyer or access adequate facilities to prepare my own Defence. I was continually denied both of these in prison.

536. In June 2014, I hand-wrote an Application for bail. I managed to contact Mitcham and Benjamin through Ms Percival and they agreed to type it. I experienced resistance from the prison in allowing communication with Mitcham and Benjamin, who were not on record as representing me, but I managed to get my full draft to them in the first week of July 2014. However, it was the 15th of July 2014 before it was returned to me typed. I was concerned that the assizes were drawing to a close and the Judge was leaving the jurisdiction. I needed to file it urgently.

537. On the 15th of July 2014, I asked Chief Officer Liburd if I could file my bail application. He said dismissingly “tomorrow”. I was concerned because the end of the assizes was so close.

538. The next day, I got ready for court early and waited in the yard in my court clothes at recreation time. I asked Chief Officer Liburd not to forget about me. After my lobbying, Chief Officer Liburd finally took me to court around 10.45 am and I was able to file my bail application.

539. My bail Application was listed for Friday the 25th of July 2014. The assizes were due to close on Monday the 28th of July 2014. A different judge would be sitting at the next assizes. I felt that I had a good chance of bail because Justice Ramdhani had been reasonable and had even prompted the Application. I had worked so hard on the Application and felt that it was full of merit. CLICK TO READ , my second Application for Bail.

540. At the hearing on the 25th of July 2014, DPP Sinnanan opposed my bail application, claiming that it would set a precedent which would result in a flood of similar applications. He said I was an acute flight risk.

541. I submitted that I had no reason to go anywhere because I was innocent and that there was no evidence against me. I also submitted that all my assets and investments were in St Kitts. I simply wished to clear my name and get back to work.

542. To my dismay, Justice Ramdhani accepted the argument of DPP Sinnanan and refused my bail application. This was a crushing blow to me.

FURTHER ABUSE BY THE PRISON, August and September 2014

543. I had no option but to keep on pressing for justice, and to keep on taking the blows for my efforts. I am not a person who gives up. However, the prison regime and the poor diet kept taking a toll on my health.

544. A highlight for me were the monthly visits of Honorary Consul Sarah Percival, READ BELOW my journal entry for the 21st of August 2014.

Thursday 21st August 2014

2. Sarah came mid morning . . . Dorset is back from his holiday and got given a letter from the Consul, by Sarah. Whatever was in it, it shook him . . He rushed me to the doctor to be pronounced healthy. .”

545. Sarah kindly agreed that I could take the opportunity of her presence, to get permission from Franklin Dorset for Sarah to take money from my commissary account and purchase a few things (mainly tins of food) from the supermarket as a tonic to my sparse diet in the prison. When I asked in her presence he begrudgingly agreed. I quickly scribbled down a short list for her, thinking how good it will be to get such a treat.

546. The following Friday (29th August) Sarah delivered the bag of items to the prison gate. Unfortunately, Ashida Connor was around. He evidently had not been told of the concession made by Franklin Dorset and he became enraged about certain items in my “treat”.

547. I was called to Superintendent Dorset’s office around 5 pm. Deputy Connor was there. Connor complained that, in the things delivered to the prison gate that morning, were coffee and toiletry items, which were not acceptable. I had included these items in the modest list for Ms Percival. Notwithstanding the fact that the list had been conveyed through prison staff, (to assuage Connor) Superintendent Dorset threw the coffee and the other items across the room, and then sent me back to the cell. I was then confined to the cell and denied the brief daily recreation in the prison yard for one week.

548. READ BELOW an entry made in my journal on the 29th of August 2014, which records this tantrum by Superintendent Dorset.

Friday 29th August 2014

2. . .at 5.00 pm I got called to Dorset’s office where Connor was complaining that I had ordered coffee, Clorox, darning needle and thread, and anti-perspirant via Sarah. Big deal? Yes very big deal. Dorset (to impress Connor) threw the coffee across the room followed by the other things, shouted and screamed like a madman. Then sent me to the cell confined. Just for coffee!! What an absurd lunacy. Went to bed totally fed up of this asylum!

549. Connor, as with Dorset, had a mind-set that prisoners were there to be punished, humiliated, and deprived of everything normal, even the remanded ones!! The words “training” and “respect for human decency” come to mind.

550. On the 5th of September 2014, Sgt Solis told me that I was no longer confined to the cell. Prison guard Gumbs then took me to Western Union around 12.30 pm to collect funds that had been sent there for me by my friends Melanie and Alastair Taylor. While I waited in the queue in Western Union, in handcuffs, prison guard Gumbs sat there reading my passport and mocking its contents. Prison guard Gumbs also made a big scene to embarrass me when I needed the cuffs to be released so I could sign for the money. He told people who were waiting in the queue in the Western Union office that I was “a dangerous man”. After this further humiliation, he finally unlocked only one side of the cuffs for me to sign my name.

551. READ BELOW an entry made in my journal on the 5th of September 2014, which records this further bullying by the prison guard Gumbs.

Friday 5th September 2014

1. Saw Solis [Sgt] this morning, he told me I could stop being confined now – at last, so much to do . .

3. Got taken to Western Union around 12.30 pm. They sent me with Gumbs. He’s an abuser. He sat there reading my passport and mocking, while I was waiting in line to draw the funds at W.U. . . . He also made a big scene when I wanted the cuffs off to sign for the money. These people are just bullies.

ASSAULT BY THE GUARD RAWLINS on the 13th of September 2014

552. On the 13th of September 2014, prison guard Lyle Rawlins slammed the heavy steel door of the cell on my leg as I was being returned to the cell from the brief week-days recreation period. I collapsed on the cell step. I could not feel or move my lower leg. Rawlins screamed at me to get in the cell. I shuffled in on my bum and was helped to my bunk by a prisoner, Carl Warner. I thought my leg was broken. After a couple of hours, the feeling finally came back. However, I experienced extreme pain in my lower leg and heel for the rest of the day.

553. The next day, a Sunday, I was limping all day. We were not allowed out of the cell on Sundays. I reported the incident to senior officer Harris on the morning of Monday, the 15th of September 2014. (I felt that I had a better relationship with Harris). However, Harris made it clear that he could not discipline Rawlins unless directed to do so by Superintendent Dorset.

554. On the 23rd of September 2014, 10 days after the incident, British Consul Lynda Ayrton saw that my lower leg and heel were still bruised and swollen. She called for Superintendent Dorset. Superintendent Dorset asked me if I had reported the incident. I confirmed that I reported it to Mr Harris.

555. Superintendent Dorset then went to the cell and asked if there were any witnesses. Four people said that they had seen it happen. He undertook to Lynda Ayrton to take statements and to reprimand Rawlins.

556. The witnesses were all willing to speak out, but Superintendent Dorset never went back to them. I later learned that Superintendent Dorset told Lynda Ayrton that the witnesses all refused to testify. CLICK TO READ , British FCO Case Note number 357 dated the 3rd of February 2015, in which it records that Superintendent Dorset stated that the witnesses refused to testify.

THE NEW ASSIZES, September 2014

557. On the 23rd of September 2014, I was taken to the opening of the new assizes before a new Judge, Her Ladyship the Honourable Justice Marlene Carter. In the frustrating circumstances prevailing at the end of July 2014, I had written a submission to her predecessor Justice Ramdhani, to request a formal Order for communication, but had not got any opportunity to file it on his chambers before he left. I took it with me to the opening of the new assizes, together with a written submission of things that I wanted to say to the new Judge.

558. I addressed the new Judge and made submissions regarding my request for a formal order for communication. My written submissions together with my previously unfiled letter to Justice Ramdhani were handed to the Clerk at the behest of Justice Carter.

559. CLICK TO READ , a copy of my written submission dated the 17th of September 2014.

560. CLICK TO READ , a copy of my letter to Justice Ramdhani dated the 30th of July 2014.

561. Superintendent Dorset and two senior officers were in the courtroom and heard my submissions. I worried about reprisals.

562. READ BELOW an entry that I made in my journal on the 23rd of September 2014, recording my address to the Court at the opening of the assizes and my request for a formal Order in respect of communication.

563. “Tuesday 23rd September 2014

1. Got taken to the opening of the assizes at 8.30 am. Lynda from FCO was there.

2. I spoke all the words to the judge that I had prepared . . . Dorset was in Court and Harris and Solis, so hopefully I will not get a backlash?

3. Importantly I also tabled a letter that I wrote to Ramdhani, with a request for a formal Order. . . . It was acknowledged that I leave the letter with the Court steward . . .”

564. My submissions to Justice Carter were the talk of the prison that week because no one had previously asked the Court for rights which are already enshrined in the Constitution.

565. On the 6th of November 2014, the assizes closed. I had not been able to progress my case very much in Court during these assizes. I had simply advised the Court of my intent to represent myself and that I was determined to gain my Civil Rights to disclosure, and my Constitutional Rights given in Article 10, Part 2 of the Constitution of St Christopher and Nevis.

CHRISTMAS SADNESS, 2014

566. Once again, I was facing the certainty that I had to spend Christmas in Basseterre prison. I knew exactly what to expect and more succinctly what my Christmas would lack. As an innocent man the pain bit very deep.

567. Knowing that I had a passion for poetry and that I had written a little from time to time, one of my cellmates asked me to write a Christmas poem to send to his girlfriend. I said that I had never met his girlfriend and so it would be difficult to know what to say to her. He looked at me and said, “but you’re here, so you must know the words to say.” I was choked, he was of course right, and I wrote “The Christmas Wind”. It could have been from any of the prisoners there, who would not see their loved ones this Christmas.

THE CHRISTMAS WIND

The Christmas wind is talking, he says the year will close,
without my Xxxxx next to me, the sadness in me shows.
The sands of time are marching on, and falling through the hole,
that’s in my heart without you near, leaving loving words untold.
My sorely eyes must see, my yearning arms must hold,
without my Xxxxx next to me, my dreams can not unfold.

So, tell the Christmas wind, to blow me back to when,
I freely walked beside the sea, to feel the sun again.
I think of happy days, filled with sensitive affection,
of soft words with my dear Xxxxx, and joyous celebration.
Locked up here for far too long, I pray soon the day will dawn,
whether Christmas Day or birthday, I can embrace you every morn’.

The Christmas wind just breezes on, he doesn’t understand,
the pain I feel, the need to walk, with Xxxxx hand in hand.
Grey walls and grave injustice, chain my limbs and chain my heart,
my soul despairs that such penance poor, is keeping us apart.
I send this poem with passion deep, and pray to him above,
next Christmas wind, that I’ll be there, to give you all my love.

568. CLICK TO VIEW , the original copy of my poem “The Christmas Wind”.

MY FURTHER STRUGGLE FOR CIVIL RIGHTS, January 2015

569. In January 2015, I continued to try to communicate with a suitable law firm so that I could retain counsel for trial. Superintendent Dorset and the prison staff made it next to impossible by denying me telephone calls and faxes with SMAB.

570. On the 9th of January 2015, I filed a submission asking for the Court’s assistance, CLICK TO READ , a copy of my submission.

571. On the 15th of January 2015, the ongoing oppressive denial of communication with SMAB came to a head. I was due to appear in Court that morning, so I got ready early and was taken out of the cell at 8.45 am. While waiting at the prison gate office for an escort, British Consul Sarah Percival arrived to collect a letter that I had written to British Consul Lynda Ayrton with questions for SMAB. The only secure way that I could communicate with SMAB was through the British Consul.

572. In the prison gate office, Officer O’Loughlin told me that I was not allowed to give the letter to Ms Percival. She said it had to be read and scanned by the prison staff. I refused to hand over the letter. Officer O’Loughlin called Chief Officer Liburd, who also said the letter had to be read and scanned by the prison. He said that I should realise that I was “a white man in a black man’s world”. I said that he always had to raise the race issue, and that he should realise just who was the racist and that it was not me. He strode off. I did not hand over the letter to Officer O’Loughlin, and Ms Percival left.

573. At Court that morning, Justice Carter asked me about my attempts to retain either of the two local counsel that I had previously said in Court that I would be happy to retain (being Anthony Gonsalves and Emile Ferdinand). I explained to Justice Carter the difficulties that I was experiencing in communicating with potential counsel via my legal advisers in London, including that morning’s events. I asked for an order that all communications going to counsel via the British Consul be deemed legally privileged and neither read nor scanned by the prison. The judge looked around the Court for the senior prison representative. Chief Officer Liburd was the senior prison officer present.

574. The Judge asked Chief Officer Liburd his name. She told him to stand, and then ruled that all communication via the British Consul is legally privileged.

575. Justice Carter made it clear to Chief Officer Liburd that the prison’s usual procedure of reading, approving and scanning all communications, and giving a copy to the police if there was any legal content, should not apply to documents given to the British Consul. Moreover, it was made absolutely clear that I should be allowed to hand documents to the British Consul in person. British Consul Sarah Percival was in court and heard the ruling.

576. READ BELOW an entry that I made in my journal on the 15th of January 2015, recording the ruling.

Thursday 15th January 2015

1. Got ready early and was taken to Court at 8.45 am. While waiting at the gate Sarah Percival came for the response letter that I had written to Lynda ref’ SMAB. I was told by O’Loughlin, I was not allowed to give it to Sarah and that it had to be read and scanned. I refused to hand it over on that basis. She called Liburd. He said the same, and that I was “a white man in a black man’s world”. I said that he always had to come down to race and that he should realise just who was the racist and that it wasn’t Kevin!!! He strode off.

2. In Court the judge asked about my attempts to get representation from the two parties nominated. I relayed to the judge the events of this morning with the British consul and asked for a ruling that all such communications going through the British Consul should be deemed “Legal Privilege” and not read and scanned. She asked Liburd, “What is your name?” Then asked him to stand, then ruled that communication via British Consul is Legal Privilege.”

577. The next morning, Ms Percival returned to the prison to collect my letter to SMAB.

578. Prison guard Warner came to the cell and asked me, through the cell window, to get the letter, which he would give to Ms Percival. I refused to hand the letter over because Justice Carter ordered that I be allowed to deliver my letters directly to Ms Percival. Warner reported my refusal to Chief Officer Liburd, who then came to the cell. I told Chief Officer Liburd that the letter was privileged, and that I was not letting it out of my sight. Chief Officer Liburd said he was not going to let me give it to Ms Percival but I could watch him give it to her. I was not happy with this, but in a spirit of magnanimity, I agreed. I brought the document from the cell and I was escorted down to the gate.

579. In the outer yard, before reaching the gate office, Chief Officer Liburd insisted on seeing the letter. As soon as I showed him where it was in my file, he snatched it and then pushed me back. He ordered me out of the outer yard. Prison guard Warner grabbed me and manhandled me back to the main yard.

580. Chief Officer Liburd came back to the main yard after presumably giving the letter to Ms Percival. I told him that he had defied the Judge’s ruling and that he would never get the chance to con me again. I told him that I could no longer trust him because he had just lied and deceived me. I was roughly thrown back into the cell by Warner.

581. Warner then spoke to me aggressively through the bars of the cell window, telling me that I would be punished if I continued to speak up in Court and to “embarrass the prison”. Another guard, Barnaby Jones, came over yelling about how the Judge did not run the jail. I then had a heated discussion with him through the bars of the cell about whether the Judge can rule the jail. Barnaby Jones vehemently maintained that the jail was above the Judge and said: “Mr Dorset runs things here.”

582. Before long, I was called to Chief Officer Liburd’s office, presumably reported by the two guards Warner and Jones. Chief Officer Liburd was aggressive and told me that I was due to go “upstairs” (punishment cells on the roof). He said that he was just waiting for the word from Superintendent Dorset. We were alone in his office, and he continued to berate and intimidate me. I was absolutely determined and stood my ground. After half an hour, his verbal bullying subsided. He asked what family I had. I found this even more disquieting and distinctly felt that it was to gauge who would miss me if I disappeared.

583. READ BELOW an entry that I made in my journal on the 16th of January 2015, recording the abuse that I received on that day from Chief Officer Liburd, from Warner and from Jones and my feelings with respect to the things said by Chief Officer Liburd.

Friday 16th January 2015

1 . . around 8.45 am Sarah revisited. I was told by Warner to get the letter for FCO for him to give to Sarah. I refused on the grounds of the ruling yesterday by Justice Carter. He reported my refusal to Liburd. I pointed out to Liburd that it was Legally Privileged and I was not letting it out of my sight. Liburd said he wasn’t going to let me give it to Sarah but I could see him give it to Sarah. I was not happy with this, but in a spirit of magnanimity, I agreed. I went to get the document and went down to the gate. In the yard before the Gate House Liburd insisted on seeing the document for Sarah, and as soon as I showed him where it was in my file he snatched it and then pushed me back and ordered me out of the yard. Warner grabbed me and manhandled me back to the main yard. Liburd came back after presumably giving the document to Sarah. I told him that he had defied the judge and that he would never get the chance to con me again. I told him I couldn’t trust him, he had just lied and conned me. I got thrown back in the cell by Warner. Warner gave me a lot of verbal and the Jones came over yelling how the judge didn’t run the jail and I had a flaming row with him as to whether the judge can rule the jail. The sick man maintained that the jail was above the Court [sketch of straight face] Such ignorance!! Before long I was called to Liburd’s office, presumably reported by Warner and Jones. Liburd was aggressive and told me that I was due to go upstairs and he was waiting for the word from Dorset. Clearly trying to intimidate me. I was absolutely determined and stood my ground. After around half an hour his attempted bullying fizzled out. He even asked about my family, but I think that this was purely to gauge who would miss me if I disappeared . . . ”

584. Although I acted resilient in front of Chief Officer Liburd, I was emotionally depleted by this bullying and intimidation, and the continued obstacles I faced when trying to communicate with my legal advisors. I prepared a written complaint to British Consul Lynda Ayrton regarding the incident.

585. CLICK TO READ , my letter LA / FCO / 04 to the British High Commission which records the incident.

586. The constant oppression and the threats of punishment cells (“upstairs”) ground me down. The guards also took delight in bullying and asserting their unlimited power over prisoners who were considered dissident by the management, especially me as the only white man in the prison.

587. On the 20th of January 2015, a small cheque arrived from the British FCO for me. I was sent with the guard called Rawlins to cash it at my bank. Rawlins had been abusive to me many times previously. On this occasion he made me walk down the middle of the road in handcuffs while he walked behind me. This was a humiliating and theatrical display to everybody in the town as well as an impediment to traffic. I felt demeaned and defamed in front of the public in the town, many of whom were my previous customers at Rawlins Plantation.

588. When we arrived at my bank RBC, Rawlins refused to take of the handcuffs off to allow me sign for the deposit. This was specifically against the instructions of the Chief Officer, which I had heard him tell Rawlins before we left. I could not perform my normal signature while handcuffed and so I ceased the deposit and asked to return to the jail.

589. READ BELOW an entry that I made in my journal on the 20th of January 2015, recording this incident with the guard called Rawlins.:

Tuesday 20th January 2015

3. Got called to Liburd’s office and then sent to the bank to cash a cheque which has arrived from FCO.

4. Rawlins made me walk down the middle of the road – abuse – showing me off – said nothing. Then he demanded that I go to the counter with my handcuffs on, which is exactly against his instructions from Liburd. I asked to go back to prison which we did. He’s just an abuser.[sketch of angry face] He needs suing.

5. Liburd of course blamed me, saying I was not allowed to point out his instructions to Rawlins. Got threatened with “upstairs”.

6. Confined to cell no recreation – determined not to be abused further. . . .

9. So pissed off with all this trauma, will have to get some sleep and fight harder tomorrow.”

590. On the 26th of January 2015, I was visited by Honorary Consul Sarah Percival. By then, I had written letters to the FCO recording the abuse by the man Rawlins, which I gave to her.

591. CLICK TO READ , a letter of complaint given to Franklin Dorset and copied to the FCO which records the incident of the 20th of January.

592. The abuse by the guard Rawlins continued. He was never reprimanded for his abuse and is still employed at the prison.

SELF REPRESENTATION and further attempts to gain disclosure, and my Constitutional rights, in February 2015

593. CLICK TO READ , a copy of my further submission to Chambers drafted on the 9th of January 2015 and filed at Court on the 10th of February 2015. The submission confirmed that I was representing myself in accordance with Article 10, Part 2 (d) of the Constitution.

594. In my submission, I also highlighted my Application for Disclosure filed one year ago (on the 17th of March 2014) which included the requested release of my MacBook laptop and two Blackberry cell phones seized by police upon my arrest, and which contained evidence important to my case. The laptop hard-drive would show my activities at a time when police assert that I committed the crime.

595. I also requested access to adequate facilities to prepare my defence, in accordance with Article 10, Part 2(c) of the Constitution, including use of my laptop for word processing purposes and access to on-line legal libraries such as the Eastern Caribbean Supreme Court web site, to research case law authorities.

596. A pre-trial hearing was held on the 9th of March 2015. Justice Carter noted my request for disclosure and empowerment and set a date of the 23rd of March 2015, to deal with the request. Evidently the Court respected the two fundamental points in my submission. Firstly, that until now the prosecution had failed to disclose vital evidence which they were holding. Secondly, that as a Defendant representing himself, that I had a Constitutional right of access to adequate facilities to prepare my Defence.

597. At the hearing on the 23rd of March 2015, DPP Sinnanan said that they were not ready. The Judge gave them another week, adjourning the matter to the 31st of March 2015.

598. On the 31st of March 2015, DPP Sinnanan objected to my disclosure application, stating that the Defence should not be given custody of my MacBook laptop, and Blackberry cell-phones, but that I should tell the Crown expert what information I required from them, and then he would retrieve it. I saw this as very prejudicial to my Defence.

599. The Judge ordered the Crown to file affidavits for their objections to my Application for Disclosure. The Judge then scheduled the return date of the hearing for the 11th of May 2015.

600. On Wednesday the 1st of April 2015, I was served with an Affidavit signed by Superintendent Dorset, objecting to my Application for Disclosure and my request to use a laptop for word processing and legal research.

601. CLICK TO READ , the Affidavit signed by Superintendent Dorset, filed on the 1st of April 2015.

DENIAL OF ADEQUATE FACILITIES TO PREPPARE MY DEFENCE

602. At this time and in fact, since January after receiving the legal reference book written by Dana Seetahal, “Commonwealth Caribbean Criminal Practice and procedure” from my Attorney in UK, I was drafting my own defence, because I was not able to communicate with or retain an adequate law firm of my choice. Article 10, part 2 (d) of the Constitution states :

“Every person who is charged with a criminal offence shall be permitted to defend himself before the Court in person or, at his own expense, by a legal practitioner of his own choice”.

603. Article 10, Part 2 (c) of the Constitution states

“Every person who is charged with a criminal offence shall be given adequate time and facilities for the preparation of his defence”.

604. Preparing my own defence was very difficult because I did not have a desk or a chair, let alone access to a computer or other resources to research and to prepare my defence. During the almost four years of my incarceration, I wrote every one of the dozens of legal documents that I filed while sitting on an upturned bucket, writing on my knee, with a piece of wood under my paper to support the paper while I wrote. I wrote with the same Parker fountain pen that Annie Jainarine, my former employee, had brought to me when I was arrested, with fresh ink and nibs sent from my dear friends in UK.

605. Since my arrest, I had not been given full disclosure of the case against me or the contemporaneous evidence in the prosecution’s file, which I knew would establish my innocence. DPP Sinnanan defiantly never disclosed the items and information that I requested. Later, in open court on the 2nd of November 2015, the new DPP, Mr Arudranauth Gossai conceded that this lack of disclosure amounted to Crown misconduct. Justice Carter called it “reprehensible”.

606. In spite of the lack of adequate facilities to prepare my defence, including no access to legal resources or cases, or any proper disclosure by the prosecution, I did my best to prepare my defence. On the 8th of May 2015, I filed a response to the Affidavit by Superintendent Dorset, which I felt succinctly, comprehensively and categorically debunked the prosecution’s objections to my Application for disclosure and my request for use of a laptop for word processing and access to legal libraries.

607. CLICK TO READ , my Affidavit in response to the Affidavit of Superintendent Dorset.

608. At 3.10 pm on Saturday the 9th of May 2015, I received a severe blow to my spirit. Ms Mitcham called me to tell me that the main building at Rawlins Plantation Inn had been destroyed by fire in the night. The fire was clearly arson. To this day the culprit has not been identified.

609. CLICK TO VIEW , photographs taken by Ms Mitcham of the main building of Rawlins Plantation Inn that had been destroyed by fire.

610. On the 11th of May 2015, the Court heard my Application for Disclosure and for use of a laptop for word processing and access to legal libraries. DPP Sinnanan fiercely opposed everything. He called Superintendent Dorset, to testify that it would create a precedent if I were allowed these “privileges”.

611. I cross-examined Superintendent Dorset and pointed out that firstly, I was only asking for my rights under the Prison Act of St Christopher and Nevis, and secondly, my rights under the Constitution of St Christopher and Nevis. My request was not for “privileges”.

612. I submitted to Superintendent Dorset, before the Court, that my request for access to the Eastern Caribbean Supreme Court website and to other on-line legal libraries was within the guidelines of the Prison Act and certainly in accordance with the St Christopher and Nevis Constitution. Superintendent Dorset said that it was not within his rules.

613. My oral examination of Superintendent Franklin Dorset, exposed to the Court the significant difference between statutory and Constitutional provisions and the nature of “his rule” in the prison.

614. In terms of precedent I asked Superintendent Dorset if it was not the case that I was the only remanded prisoner who had elected to represent himself under Article 10, Part 2(d). Superintendent Dorset said one other, Patrice Nisbett, was representing himself. I reminded Superintendent Dorset that Mr Nisbett was a convicted prisoner who was going to appeal and so the circumstance was not the same. In any event I put it to him that all prisoners should be given their statutory and Constitutional rights. He sniggered.

615. I submitted that by his unilateral action, Superintendent Dorset (by the now the ex-Superintendent) was culpable for the inordinate delays in progressing my case.

616. DPP Snnanan raised issues of staff shortages in supervising my request for “adequate facilities”. The Judge asked DPP Sinnanan if he could not at least give me use of my laptop for word processing purposes, saying that “Mr Horstwood is filing as many documents as any lawyer”. DPP Sinnanan said no.

617. Justice Carter did not grant my request for the use of my laptop for word processing purposes or for access to legal libraries. However, Justice Carter did order that my MacBook laptop and my BlackBerry cell-phones must be released forthwith by the police, to the chambers of Mitcham and Benjamin.

618. Justice Carter further stated that she was going to set a hearing date of the 8th of June 2015 to ensure that by that date the police had complied with her Order. The prosecution said that it would be done the next week.

619. This was only a partial and modest victory. I was still being denied the “adequate facilities” to prepare my Defence.

FURTHER FAILURE OF PROSECUTION DISCLOSURE

620. DPP Sinnanan did not comply with Justice Carter’s Order of the 11th of May 2015 to deliver the two Blackberry cell-phones to Mitcham and Benjamin, until the 5th of June 2015. The phones were delivered just 3 days before the next hearing date, scheduled for the 8th of June 2015. Most significantly, the prosecution failed to deliver my MacBook laptop.

621. Rivi Warner of Mitcham and Benjamin told me that when the Blackberrys were delivered, she was advised by the prosecution that that my laptop had been stolen from the police.

622. Ms Warner also told me that Mr James, the prosecutor who delivered the BlackBerrys, said that the police alleged that the MacBook was stolen from a policeman’s house and was last heard of in Tortola. This contradicted the statement dated the 28th of February 2012, made by Damien Challenger, a scenes of crime officer, regarding items confiscated during the search of Rawlins Plantation. Challenger deposed: “All items taken from the scene were stored at the Crime Scene Department in an evidence locker where all evidence is logged in and kept locked”.

623. No explanation was given as to how the MacBook could have gone from the evidence locker to a policeman’s house.

624. At the hearing on Monday the 8th of June 2015, I told Justice Carter that the Crown had not complied with her Order in respect of my laptop. I relayed what had been told to me by Ms Warner about the police’s allegation that my MacBook laptop “was stolen from a policeman’s house and last heard of in Tortola”. The prosecutor Mr James admitted that this was what he had been told by the police.

625. Justice Carter stated sternly to the prosecution that this was my alibi evidence and that the police “must find it and hand it over.”

626. Justice Carter then stated to the Prosecution that her ruling must be complied with “very soon, at least by the end of this assizes” (the end of June).

MORE OBSTACLES TO MY ABILITY TO PREPARE MY DEFENCE

627. I continued to do what I could each day to prepare my Defence in the difficult and cramped conditions of cell 25, where 19 other prisoners were also held. I had no writing surface or even a chair.

628. On Monday the 15th of June 2015, I was moved by the prison management, without explanation, to cell 26, which had 38 prisoners in it, and was even more cramped, and much noisier.

629. During the move, prison guard Lyle Rawlins tried to take away some of the documents that I had drafted, saying that there wasn’t any room for them in Cell 26. I argued that they lived with me in my tiny bed space and that they were in any event legally privileged. I had to take this issue to the senior yard officer, on duty that day, who stated that I must “thin them out” but allowed me to bring the documents with me to cell 26.

SEXUAL ASSUALTS BY PRISON STAFF, July and August 2015

630. On the 3rd of July 2015 and on the 2nd of August 2015, I was the victim of sexual assault by members of the prison staff, St Kitts police and army personnel.

631. On the morning of the 3rd of July 2015, I was called into the prison yard by prison staff, along with the other male prisoners, while a routine search was made of the cells.

632. There were at least two dozen heavily armed non-prison personnel (police and army individuals) standing around the yard. Many of them were female. They carried loaded weapons including assault rifles, pump action shotguns, and side arms.

633. One by one, each of the male prisoners was made to strip and to drop his underpants, in front of the female officers. I was forced to do this. It was degrading, humiliating and voyeuristic.

634. I was then ordered to put my clothes back on and to sit, along with the other prisoners, in the middle of the jail yard for two and a half hours in the hot sun.

635. Before I was put back into the cell, I and the other prisoners were again made to strip naked one by one in front of the female officers. There could be absolutely no valid security reason why we should have been forced to strip again, as we had been sitting right in front of the officers for more than two hours after the first strip. Moreover, if there was any plausible security excuse to view each prisoner’s genitalia, (which I avow that there was not), there was no excuse to do it in front of the female officers.

636. I felt abused, I felt dirty and I was traumatised by this degrading treatment on the 3rd of July 2015.

637. On the 4th of July 2015, I was brought in front of Chief Officer Liburd for an administrative reason. I took the opportunity to bring up the sexual abuse by his staff, army personnel and the local police officers the previous day. I complained that I, and the prisoners involved, had been sexually abused in some sort of sick peep show. I complained that I felt traumatised and sickened by it. I asked Chief Officer Liburd for an assurance that it would never happen again.

638. Chief Officer Liburd suggested that if it happened again, I should refuse to strip. This was a deliberately fatuous and sarcastic comment. I calmly responded to Chief Officer Liburd’s sarcasm by pointing out that, as he was well aware, if I refused an order from a guard, then I would be beaten and put into punishment cells.

639. Chief Officer Liburd stated that his staff had the authority to do anything that they saw fit to maintain security. I pointed out that the 3rd of July 2015 had been a quiet Sunday with no security issues. I stated that what happened yesterday was deliberate intimidation by the excessive use of military weapons and army personnel. I stated emphatically that the incident degenerated into overt sexual abuse and that forcing men to strip, one at a time, in front of ladies had nothing to do with security. At this point, Chief Office Liburd called a guard to return me to the cell.

640. On the morning of Sunday the 2nd of August 2015, I was called into the prison yard by prison staff, along with the other male prisoners, on the premise of a routine search of the cell. There were at least twenty-five heavily armed non-prison personnel (police and army individuals) standing around the yard. Half of them were female. They carried loaded weapons including military assault rifles, pump action shotguns, and side arms.

641. One by one, each of the male prisoners was made to strip and take down his underpants, in front of the female officers. I was forced to do this. During this forced strip on the 2nd of August, police personnel took pictures and videos of the naked prisoners, including of their genitals. They took pictures and videos of me.

642. After putting my clothes back on, I was then made to sit, along with the other prisoners, in the middle of the jail yard for two and a half hours in the hot sun.

643. Before I was put back into the cell, we were again made to strip naked in front of the female officers. More photographs were taken by police and army personnel, using cameras and their personal cellphones.

644. In addition to the officer overtly taking photographs (PC Green) others such as Inspector Rodgers were taking videos of us on their cell phones while we were forced to strip, they were also laughing at us.

645. I was horrified by this mass abuse of defenceless men. I felt abused, I felt dirty and I was greatly traumatised by this abusive, degrading treatment. It was no different to rape.

646. I had made a verbal complaint to Chief Officer Liburd after the abuse on the 3rd of July 2015. The abuse that occurred on the 2nd of August 2015 mirrored what had happened on the 3rd of July 2015, but this time, the perpetrators openly reveled in the abuse and took photographs of me and the other prisoners while we were naked. As a result of the abuse and trauma that I had suffered and the abhorrence that I felt toward both incidents, I felt compelled to complain again to the Chief Officer. This time, I made my complaint in writing, even at the risk of punishment.

647. After the second incident, I sent a letter to Chief Officer Liburd regarding both the incident on the 3rd of July 2015, and the second incident on the 2nd of August 2015.

648. Read below, my letter to Chief Officer Liburd.

Chief Officer Liburd,
HMP, Basseterre,
St Kitts, WI

Friday 14th August 2015

Dear Chief Officer Liburd,

As you are aware, I made respectful verbal complaint to you on Friday 3rd July, regarding inappropriate events on that day and again after a separate incident on Sunday 2nd August.

I hereby make written record of my words to you and reiterate my formal complaint to you as chief officer of the prison.

On Sunday morning 2nd August the male prisoners were called into the prison yard by your prison staff, whilst a routine search was made of the cells. Around the yard were standing, at least two dozen heavily armed personnel, being police and army individuals, half of them female. They carried loaded weapons including assault rifles and pump action shotguns, as well as side arms.

Each man was made to strip, one by one, and to take down his underpants in from of the assembled ladies. During this time photographs were taken by the police personnel, of the naked prisoners, including photos of the private parts of the male prisoners.

The prisoners were then made to sit in the middle of the jail yard in the hot sun for 2½ hours, whilst the cells were searched. Then each man was made to strip naked again, in front of the ladies, including taking down his underpants. More photographs were taken.

Mr Liburd, I am an innocent man on remand, this assault on my person violates Human Rights, and is an affront to decency. I feel sexually abused and I am traumatised by the event.

The amount of weapons deployed was totally unwarranted for such a routine search and was solely to intimidate prisoners being made to strip for the gratification of non prison staff. Normally, as you are aware, on a daily basis, with the same prisoners outside of the cells ( for recreation for example) there would be two or four male prison staff present, with wooden battens only.

The forced nudity of male prisoners in front of lady police staff is an abuse of authority, as well as indecent. The second strip was totally gratuitous as the prisoners had been sat in front of the police and army personnel the whole time, so the only motivation for removing clothing and underpants again was evidently to view male private parts and take photos in a gratuitous and degrading peep show.

I especially single out PC Green ( who was taking close up photographs with a digital camera of prisoner’s private parts from only 4 ft away) and other police personnel ( including Inspector Rodgers) who were taking photographs on their cell phones.

Given previous improprieties by the St Kitts and Nevis police force, I fully expect these photographs to arrive in the public domain.

The foregoing events amount to sexual abuse and indecent assault on prisoners. I seek an assurance that no forced nudity in front of lady staff will happen again and that no more gratuitous photographs of naked prisoners will be taken.

I reserve my right to bring legal proceedings against the perpetrators of this indecent assault.

Sincerely and respectfully,

Kevin Horstwood

649. CLICK TO VIEW , the original copy of my letter to Chief Officer Liburd regarding both the incident on the 3rd of July 2015, and the second incident on the 2nd of August 2015.

650. I also wrote to the British Consul in Barbados. Read below, my letter to British Consul Lynda Ayrton dated the 2nd of August 2015.

Communication number LA/FCO/10 Sunday 2nd August 2015

Dear Lynda,

I write to request that you record certain recent abuses perpetrated against me, in the prison.

On the morning of Friday 3rd July a routine search of every cell was accompanied by the demand that all male prisoners strip naked one by one in the prison yard in front of female jail staff. The men all felt that this was an abuse of decency, but had no choice because the prison staff were all waving assault rifles and shotguns.

I felt very abused, and complained to the Chief Officer Mr Liburd that afternoon, that what had been done that morning was an affront to decency and basically sexual abuse.

Mr Liburd was unrepentant, and claimed that his staff had the right to tell prisoners to take off all their clothes in public.

Today, Sunday 2nd August 2015, in an even worse abuse, the prisoners were taken out of their cells by prison staff together with a large force (30+) of heavily armed regular police, Half of which were women policemen. We were ordered to strip naked in the yard one by one, while the police took photographs on their cell phones, and at least one of them filmed with a cell phone. It was most demeaning.

I find it an affront to decency and wanton sexual abuse, to be made at gunpoint, to take down my underpants in front of several lady policeman and be photographed and filmed gratuitously while doing it.

I am a remanded prisoner, and have committed no crime what-so-ever. The SKN police here are notorious, they have no integrity or morals, and it is certain that these photographs will end up in the public domain.

This is just one more impropriety which I will include in my complaint to the acting Commissioner of Police, once I have filed appropriate Motion to the court.

I ask for the earnest support of your legal department to my logistical request for information, contained in letter number LA/FCO/09 on Thursday 30th July 2015, so that I can progress my defence to the police abuse which I am suffering.

Sincerely and respectfully,
Kevin

P.S. Friday 7th August

Regarding your question in our telephone conversation today, my journal records that it was Thursday morning, 15th January 2015, when Justice Carter ruled that documents given to the British Consular staff by me, had legal privilage and could not be opened, read or copied by the prison staff.

P.S. Monday 3rd August 2015

I have managed to find out the names of two of the policemen who were taking gratuitous photos yesterday. The names of the WPCs, are harder to get but will come eventually.

(i) Inspector Rodgers was taking film and photos on his cell phone

(ii) PC Green was using a digital camera, unashamedly taking photographs of men’s private parts from only ten feet away.

This place is sick! It seems that the male prisoners are being used as a peep show for the gratification of female staff and gay male policemen, under the guise of security checks.

The usual indiscriminate brutalisation here is stooping to new depths under Superintendent Connor. Does anybody care about prisoners? Human Rights – joke!

The prison staff member in charge of the yard yesterday was Mr Rawlins, you have heard of him before. He has, of course, never been disciplined for slamming a steel door on my leg, causing the bruises that you witnessed.

I guess I should be grateful that I’m still alive after 3½ years, but please Lynda, help me to get out.

Sincerely,
Kevin.

651. CLICK TO VIEW , the original copy of my letter to British Consul Lynda Ayrton dated the 2nd of August 2015.

652. READ BELOW the entry made in my journal on Sunday the 2nd of August 2015, which records the sexual abuse on that day.

Sunday 2nd August, 2015 ABUSE DAY

1. This morning around 8.00 am we were taken out and each had to strip in front of several (guess 12) female policemen. Such an abuse of decency. [Sketch of a distressed face] Then we were made to sit in the hot sun for 3 hours while they searched the cell. Then we had to strip again, which is nonsense since we had been nowhere, before being allowed back in the cell. All the time the police were taking photo’s and video on their personal cell phones and giggling at the abuse we received. We are becoming a peep show for female staff and gaye male guards. Of course we have no option. They have assault rifles and shotguns. This is wanton sexual abuse and gratuitous brutalisation.

2. After lunch I drafted a complaint letter to FCO. I then slept for two hours to nurture my spirit Then wrote up the letter to Lynda LA/FCO/10 (2pages)”

653. At the next Consular visit on the 1st of September 2015, in the presence of Consul Lynda Ayrton, I handed a copy of my above letter to the Chief Officer and asked for a formal answer. Chief Officer Liburd stated in the presence of Lynda Ayrton that there would be no answer.

654. Lynda Ayrton’s pursuant report includes the following:

CASE NOTE number 509

Kevin gave Mr Liburd, in my presence, his letter about the incident in the yard, being told to strip etc, and told Liburd he wanted a formal answer, Liburd was very matter of fact about it and said no, he would not put anything in writing.”

655. I have now been sent a full copy of the said Consular Report, by British Consul Lynda Ayrton, dated 1st September 2015, recording the sexual abuse of 3rd July 2015 and 2nd August 2015, filed at the Foreign & Commonwealth Office as Case Note number 509 CLICK TO VIEW , Case Note number 509 from Lynda Ayrton which records this meeting.

POLICE ABUSE OF PROCESS and denial of my legal rights in 2015

656. On the 8th of April 2015 I had written to the British FCO asking that they should press the police to investigate the “peculiar” circumstances of my arrest and to allow me my legal rights in terms of disclosure so as to prepare my defence. As I had already found, the FCO are in effect powerless, and are reluctant to ‘rock any boats’ knowing that they have no power. On this occasion they simply suggested that I should write and raise the issues with the new Acting Commissioner of Police, Stafford Liburd.

657. I had a visit from British Consul Lynda Ayrton on the 29th of July 2015 wherein I relayed again the ongoing situation and asked again for their best support. CLICK TO READ , my pursuant letter numbered LA/FCO/09 to British Consul Lynda Ayrton in Barbados, dated the 30th of July 2015, which has been returned to me for inclusion in this account.

658. Intervention by the British FCO was deemed not viable. I was telephoned with this news on Friday the 7th of August by Lynda Ayrton. CLICK TO READ , my pursuant letter numbered LA/FCO/11 to British Consul Lynda Ayrton in Barbados, dated the 10th of August 2015, which has been returned to me for inclusion in this account.

659. And so, on the 13th of August, 2015, I wrote to Acting Commissioner Stafford Liburd, pointing out several serious issues with his CID Department. It stated as follows:

Acting Commissioner Stafford Liburd
Police Headquarters
Cayon St, Basseterre
St Kitts, WI

Thursday 13th August 2015

Dear acting Commissioner Liburd,

Good morning. I write respectfully to draw your attention to serious matters.

On or around 6th June 2015, the office of the DPP informed the chambers of Mitcham and Benjamin that the disclosure ordered by Justice Carter on 11th May 2015, from the CID department of the police could not be made.

The items of property ordered to be returned to me that were impounded by the police upon my arrest, include my MacBook computer. I have stated to the Court many times since my arrest that the hard drive of my MacBook laptop will show my innocence.

The prosecution were avoiding my requests for disclosure, so I made formal written Application to the Court last year, which was granted this year by Justice Carter, with a dead line of 8th June 2015. Two days before that dead line the office of the DPP admitted that:-

“The police say that the laptop was at a policeman’s house and it was stolen from there”.

Mr Liburd something is very wrong here. The police deposition previously filed in this matter states on page three (by PC 562 Damian Challenger)

“The items collected were stored at the Crime Scene Department in the evidence locker and locked”

It is clear that the CID Department does not want me to have this evidence which will show my innocence. I believe it has been deliberately destroyed by the same policeman who fabricated an alleged statement to attempt to incriminate me. When my innocence is shown, his perpetration of that statement will be very embarrassing for him.

In 2004 I carefully selected St Kitts as the best Caribbean island to come to and settle on. I was the best unpaid ambassador for St Kitts, to all my overseas guests at my hotel, Rawlins Plantation Inn, for seven years. Now after being falsely imprisoned for over 3½ years, I still love this country and I certainly intend to stay and to continue to run my hotel, when I am released. However, I am hoping that you as a moral man, now in charge, will weed out corruption and dishonesty, where it occurs in the police force, for the good of St Kitts, and all residents here, no matter where they were born.

All the contemporaneous evidence in this matter shows that I had no involvement whatsoever with the crime that I am accused of. The only reason that I have been incarcerated on remand for three years, seven months, twelve days, and this morning, is an alleged confession statement, which was tabled for the first time on the last day of the PI 5½ months after I was arrested. It was fabricated by Charles Smithen.

Every single fact in the alleged statement flies in the face of contemporaneous evidence. Moreover, the statement does not meet with the procedures required under the St Kitts and Nevis Evidence Act 2011 and I believe is inadmissible in High Court. I am the victim of malicious prosecution and false imprisonment by Charles Smithen, and he has a motive. His actions and the support of his accomplice, PC 405 Greg Glasgow (who was at the time on his first day of work at CID) are shameful to St Kitts and I trust, now that you are in charge of the police, you will deal with their crime.

Sincerely and respectfully,
KEVIN ANDREW HORSTWOOD

660. CLICK TO VIEW , an original copy of my letter to Acting Commissioner Liburd dated Thursday the 13th of August. I did not expect a response without any support from a statutory body, and I got none.

661. I tried tenaciously every day to avail myself of my Constitutional rights under Article 10, Part 2(c) to enable me to prepare my Defence. At every opportunity, I tried to persuade Chief Officer Liburd to allow me to undertake research and due diligence items, to progress my defence, or to engage appropriate persons to assist me.

662. I was locked in the cell for 23 hours per day (24 hours on Sundays). The one hour recreation was simply in the prison yard with guards who cared less than zero about my defence preparation.

663. Guards I spoke to, for instance Mr Jones, genuinely believed that it was their role to impede any prisoner communicating with anyone who would assist them, especially with respect to defending their case and getting out. No direction to the contrary was ever issued by management. My pleas that the prison should abide by the Constitution were scorned by Superintendent Dorset and Deputy Connor. Most guards even tried to stop me from getting a letter to the Chief Officer, who rarely came through the prison yard at a recreation time. So, communicating with anyone was simply torturous.

664. It is illustrative that on several occasions after I managed to get a letter to the Chief Officer, he would subsequently tell me, “Oh I threw it away because I didn’t have time to read it”.

665. If it were not for my intense persistence, and that of Melanie Taylor, my appointed UK Attorney, communication of any kind would never have happened. I am advised by Mrs Taylor and I verily believe that on some occasions, she had to call the prison management up to 20 times to get one short simple conversation with me.

666. With resolute perseverance and indefatigable persistence, I kept on writing and pressing the issue of defence preparation. On the 21st of August 2015, I managed to convey a letter to Chief Officer Liburd regarding my Constitutional right to adequate facilities to prepare my defence and to politely remind him of my diminishing time to prepare my defence.

667. The letter states as follows:

Chief Officer Liburd
HMP, Basseterre,
St Kitts, WI

Friday 21st August 2015

Good Morning Mr Liburd,

I thank you for allowing me to purchase stationary materials yesterday.

I write respectfully to ask you to appreciate that, yet another week has passed, without progress on my defense preparation, after Justice Carter set a new trial date, at court, on 8th June 2015. Since that date I have made great effort, but have achieved no progress what-so-ever.

Having lost more than half of the 5 month preparation time given by Justice Carter, I am approaching a point, where there will no be enough time left to complete the ‘due diligence’ tasks that I must do, and to prepare my defense, before the trial date set, which is 2nd November 2015. This is most distressing to me.

I ask respectfully and sincerely for your appreciation and consideration, of the serious time problem, which I now face.

My current four priorities (the first four on a list of twenty one priorities), which I have shared respectfully with you previously are as follows:-

(i) A brief conversation with the LIME executive (David Lake), or his immediate deputy.

(ii) An examination of two items of evidence by LIME at the chambers of Mitcham and Benjamin, in my presence.

(iii) Telephone communication with the lawyer, David Hammer, until he completes one ‘due diligence’ task given to him almost three months ago (like most lawyers, he is hopelessly procrastinatious and needs frequent prompting by telephone)

(iv) Access to case law for research, of which the only source, known to me, is via a legal library on the internet, such as the Eastern Caribbean Supreme Court website. The previous denial of this access is of great concern to me.

I would be most distressed to have to vacate the trial date given by the court, and I ask very sincerely for your consideration in terms of allowing opportunity to progress the preparation of my defense.

With the most polite and sincere respect, it is my duty to draw the prison’s attention to, Article 10, Part 2 (C) of the Constitution of St Kitts and Nevis, which states that a prisoner, “ shall be given adequate facilities to prepare his own defense”.

I look forward to having opportunity to prepare my defense with the least inconvenience to your staff.

Sincerely and respectfully,
Kevin.

668. CLICK TO VIEW , an original copy of my letter to Chief Officer Liburd dated Friday the 21st of August, 2015, which I copied to the British FCO at the time.

669. CLICK TO READ , my letter to British Consul Lynda Ayrton dated the 21st of August 2015, which enclosed a copy of my letter to Chief Officer Liburd, and asked: “How do I gain my basic rights under the law?”.

670. After my aforesaid letter was given to Chief Officer Liburd, he had me brought to his office at around 9.30 am to tell me that it was not his job to facilitate my rights under the law.

671. READ BELOW an entry from my journal made on the 21st of August 2015, which recorded this conversation.

Friday 21st August, 2015

1. Got my letter to Liburd. He called me around 9.30 am to growl at me about it not being his job. Well I beg to differ – he’s Chief Officer.”

672. On the 25th of August 2015, I again wrote to Chief Officer Liburd regarding my ability to prepare my defence while incarcerated and being denied access to any facilities to prepare my defence. I also complained that I was being denied access to meet with a local lawyer, Denzil Hines. Mr Hines had offered, in passing, to assist me with due diligence related to my defence, but I was subsequently advised by Mr Hines and verily believe that he was denied access to meet me in the prison.

673. CLICK TO READ , my letter to Chief Officer Liburd, dated Tuesday the 25th of August 2015, which I also copied to the British FCO at the time.

674. The prison continued to deny Mr Hines access to see me and so I was not able to avail myself of any assistance from him.

675. On the 18th of September 2015, I drafted a submission to the Court regarding the police’s failure to comply with the Court’s Order to release my MacBook laptop, and to inform the Court of the prison authorities’ ongoing denial of my Constitutional right to adequate facilities to prepare my defence.

676. CLICK TO READ , my submission dated the 18th of September 2015, which was filed on the 21st of September 2015.

677. I made further written submissions dated the 25th of September 2015, which addressed three fundamental issues that I faced during my incarceration: (1) the abuse of process by the police and the prosecution; (2) the denial of access to adequate facilities to prepare my defence; and (3) the invalid indictment.

678. See below, my submission dated the 25th of September 2015 and filed on the 1st of October 2015.

Her Ladyship, The Honourable,
Justice Marlene Carter
Judges Chambers,
High Court of Justice,
Judicial and Legal Complex,
East Independence Square Street,
Basseterre, St Kitts, WI

Friday 25th September 2015
Reference 2012 / 0054

Your Ladyship,

Further to my submission to your chambers dated 18th September and filed on Monday 21st September 2015, I hereby give further particulars of the three ongoing issues in the above matter, and ask, most respectfully for the Court’s guidance.

Issue one : ABUSE OF PROCESS

I outline below some of the specific ‘Abuse of Process’ issues in my case. I wish to submit a Motion for a stay, in light of this ongoing ‘Abuse’ however, due to the fact that my Constitutional Rights are being denied ( Issue Two) I have no means to study the appropriate legal procedures, and to research my position with respect to previous instances, so as to locate the proper format of a Motion to file in Court.

I am in the hands of the Court and I humbly request the Court’s guidance.

Specific Abuses

1. The SKN police are withholding the MacBook laptop of Kevin Andrew Horstwood ( hereinafter referred to as “KAH” ) which was confiscated by Cpl Morton of the SKN police, on 1st January 2012 and which contains information which will show the innocence of KAH.

2. The SKN police withheld for 3½ years the two Blackberry telephones of KAH, which they confiscated on 31st December 2011 and 1st January 2012, at the same time as the MacBook laptop. These Blackberry telephones contain key information for the defence of KAH [ Having had the Blackberry telephones finally released to the chambers of Mitcham and Benjamin, I have requested that LIME download the information from the Blackberries which they are happy to do. However, their lawyer said that the court must endorse my request. I received this information from LIME today 25th September, and I am duly preparing such a request to the court]

3. The SKN police wrote misleading and untruthful assertions about KAH, and about the alleged statement, which resulted in a letter dated 3rd May 2013, from Joseph M. Cowan to the Questioned Documents Unit of the FBI requesting a report. This report is therefore tainted by the untruthful assertions made by the SKN police and which appear in the said letter by Joseph M. Cowan.

4. Charles Smithen of the SKN police issued instructions and initiated the false arrest of KAH on 31st Dec’ 2011, only minutes after he met with an American felon who was, and still is, attempting to extort ownership of property belonging to KAH. There was no valid reason for the arrest of KAH on that day. The only reason at that time being

“information received”, which has never been explained. This is simply false arrest.

5. Charles Smithen of the SKN police made misleading and untruthful assertions to attorney Chesley Hamilton on the 2nd January 2012, when Charles Smithen charged KAH.

6. Charles Smithen of the SKN police made additional untruthful assertions to KAH on 2nd January 2015, when Charles Smithen charged KAH.

7. Sometime between 31st December 2011 and 11th May 2012, Charles Smithen and Greg Glasgow of the SKN police, fabricated an alleged confession statement and purported that it was given by KAH on 1st January 2012. This matter of fabrication of a statement and the loss from the police evidence room of the MacBook laptop belonging to KAH, is currently being investigated by Inspector Isles of the SKN police internal affairs department.

8. On 2nd January 2012, Charles Smithen of the SKN police, in the presence of the attorney Chesley Hamilton, falsely charged KAH with the crime of murder. No mention was made to Mr Hamilton, or to KAH, of the alleged confession statement. It is highly suspicious that, Charles Smithen subsequently alleged on 11th May 2012, at the PI, that KAH had given the alleged statement to him on the previous day, 1st January 2012, and yet Charles Smithen never mentioned it to either Chesley Hamilton or to KAH at the time. Moreover, it is very telling that the reasons given by Charles Smithen, to Chesley Hamilton and to KAH, on 2nd January 2012 for the charging of KAH, were proven to be false at the PI in May 2012.

9. At the ‘Official Disclosure’ date set by the magistrate for the disclosure of all police evidence, which was 19th April 2012, the SKN police made no disclosure of the alleged confession statement , if in fact it existed at that point. At this time KAH had been incarcerated for over 3½ months and yet the material disclosed by the SKN police showed that there was no evidence what-so-ever against KAH. This whole case revolves around the allegation of one policeman, Charles Smithen.

10. Charles Smithen of the SKN police produced the said alleged confession statement for the first time on 11th May 2012 at the end of the PI process, when no other incriminating material what-so-ever had been tabled at the PI. The SKN police sought an indictment on this one piece of alleged evidence which, does not comply with Section 84 of the SKN Evidence Act and is therefore inadmissible at trial. Such an indictment being invalid according to the legal references now obtained by KAH.

11. The SKN police and the office of the DPP have continued a prosecution against KAH for 3¾ years with no contemporaneous evidence what-so-ever to substantiate the charge made by Charles Smithen. Moreover, the action has continued in the face of the fact that numerous witnesses have given statements to the police in this matter, stating that they were working alongside KAH for the whole evening when SKN police allege KASH commited the crime of murder.

12. The SKN police and the office of the DPP have continued a prosecution against KAH for 3¾ years when every single detail of the fabricated alleged statement, submitted by Charles Smithen, is diametrically opposite to the known contemporaneous facts and evidence, so as to make every item in the alleged statement a total nonsense, in the context of the known facts. The alleged statement is objectively and pellucidly untrue and not in any way credible, rendering the charge made by Charles Smithen at best, an abuse of process, and at worst malicious.

Issue Two : DENIAL OF CONSTITUTIONAL RIGHTS

As stated previously to this Honourable Court in my Affidavit filed on 8th May 2015, and in my previous written submissions to your chambers filed on 9th January 2015 and on 10th February 2015, my Constitutional Rights enshrined in Article 10, Part 2(C) of the Constitution, for “ adequate facilities to prepare my defence” are being denied by the prison.

I have an urgent need to read previous case law and to research matters appertaining to the police indictment. The said denial of access to “adequate facilities” to do so, is compromising preparation of my defence and preventing me receiving a fair trial. I know from the minimal reading that I have been able to do in two publications provided by friends 9 Dana Seethal, “Criminal Practice and Procedure” 4th Edition and also Cavendish Q and A series “Evidence”) that I need to read the case precedents detailed below. However, I also clearly need to do general and specific research on matters appertaining to my case, on legal library websites, such as the Eastern Caribbean Supreme Court website and similar sites of relevant jurisdiction.

This lack of adequate facilities to prepare my ddefence is most distressing in the fact that, unless it were to change immediately, the time left before the proposed trial date of 2nd November 2015, would be insufficient to prepare my defence.

As part of that preparation it is essential that I have means of legally privileged discourse with legal advisors, expert witnesses and defence witnesses, so as tp compile the defence submission.

I am in the hands of the Court and I humbly request the Court’s guidance.

Case precedents to be read in respect of Abuse of Process Motion

(i) Analysis of Pattenden, R, ‘Abuse of process in criminal litigation (1990) JCL 341
(ii) Connelly v. DPP [1964] AC 1254
(iii) Per Lord Lowry in Hui Chi-Ming v. R [1992] 1 AC 34, PC
(iv) R v. Maxwell [2010] UKSC
(v) Bennett v. Horseferry Road Magistrates’ Court exp Bennett [1993] 3 ALL ER 138
(vi) Tan v. Cameran [1993] 2 A11 ER 493, PC
(vii) R.v. Latif and shahzad [1996] 2 Cr App R92, HL
(viii) General research on Legal Library sites to establish procedure, practice and format for a Motion to stay , because of Abuse of Process.

Case precedents to be read in respect of a Motion to quosh the indictment

(i) R. v. Bedwelty JJ exp Williams [1996] 3WLR 361, HL
(ii) Neill v. North Antrim Magistrates’ Court [1992] 1 WLR 1220
(iii) Insanally v. R [1960] 2 WIR 519
(iv) Trinidad Port of Spain No 69 of 2008 – The state v. Brian Guyapersad
(v) Keenan [1990]
(vi) Smurthwaite and Gill [1994]
(vii) O’Connor [1987]
(viii) Mason [1988]
(ix) DPP v. Marshall [1988]
(x) Walsh [1990]
(xi) Christou [1992]
(xii) General research on legal library sites to establish procedure, practice and format, for a Motion to quosh the indictment.

Issue Three : INVALID INDICTMENT

It is clear from the legal information published by Dana Seethal, and also by Section 84 of the SKN Evidence Act , that my indictment is invalid and that the magistrate erred when I was indicted.

Section 84 of the SKN Evidence Act is solely procedural. It states that any alleged confession statement can only be entered into evidence at trial if accompanied by a tape recording, or if it is made in front of an independent person, “ not being an investigating official”. This procedure can not be complied with, by the prosecution, because the alleged statement is a total fabrication by the police, and was never given by me.

Section 84 of the SKN Evidence Act states:

84. CONFESSIONS BY ACCUSED IN CRIMINAL PROCEEDINGS

(1) This section applies only

(a) in criminal proceedings
(b) in relation to evidence of a confession made by an accused person who, at the time when the confession is made, is or ought reasonably to have been suspected by an investigating official of having committed an offence ; and
(c) where the confession is made in the course of official questioning

(2) Evidence of a confession, referred to in sub section (1), is not admissible unless :-

(a) The confession is made in circumstances where it is reasonably practicable to take a sound recording of the confession and the questioning of the person and everything said to and by the person during that questioning is recorded : or

(b) The questioning is conducted, and the confession made, in the presence of a person, not being an investigating official, ………….

I submit that the alleged confession statement tabled by Charles Smithen for the first time on 11th May 2012, at the PI hearing , does not comply with the SKN Evidence Act 2011, and the procedure under current law of entering it into evidence at trial can not be complied with. It is “not admissible”.

Furthermore, in the law book, 2 Commonwealth Caribbean Criminal Practice and Procedure” (4th Edition) by Dana S. Seetahal, on page 168 entitled “Admissibility” the text therein, clearly indicates that in the circumstances of my case, the magistrate at the PI should not have granted an indictment on the alleged police statement alone, without corroborating contemporaneous evidence to support it, because on the basis of the SKN Evidence Act 2011 it was “inadmissible evidence”.

The aforesaid page 168, paragraphs one and three, state as follows:

“An examining magistrate is expected to accept and consider and admissible
evidence that is put before him. He has no power or right to exercise any discretion to reject evidence ………….”

“Where the evidence is, however, legally inadmissible, it is wrong to admit it in breach of the rules of evidence. Nonetheless, even if inadmissible evidence is admitted, committal proceedings will not be considered invalid merely on this ground : R v. Norfolk Quarter Sessions exp Brunson (1953) 37 Cr App R6. There must, however, be other evidence, apart from the inadmissible evidence which may yet support a conviction. In R v. Bedwelty JJ exp Williams [1996] 3 WLR 361, HL, the House of Lords held that a committal order may be quoshed where it is found that there is no ‘admissible’ evidence justifying the committal. If the committal is quoshed, this means that an indictment founded on it is invalid. In the circumstances of Bedwelty JJ, the House of Lords suggested that no evidence existed to justify an indictment.”

The above synopsis is clear and I wish to file a Motion to quosh the indictment, however, because of the denial by the prison of my Constitutional Rights in respect of “adequate facilities to prepare my defence”, (Item Two in the Submission) I am not able to research previous instances and the proper format for such a Motion.

I am in the hands of the Court and I humbly request the Court’s guidance.

Sincerely and respectfully,
Kevin Horstwood

679. CLICK TO VIEW , the original of my submission dated the 25th of September 2015, which was filed on the 1st of October 2015.

I AM VISITED BY POLICE INTERNAL AFFAIRS

680. On the 7th of September 2015, I was visited by Police Inspector Isles and Sgt Mitcham, who said that they were from the Internal Affairs Department. They stated that they were investigating issues regarding my MacBook laptop. They asked me to give a statement in connection with the laptop, but I refused to make any statement until the British Consul was present.

681. READ BELOW the entry from my journal made on the same day.

Monday 7th September, 2015

5. This afternoon I had a surprise visit from two police persons from “Internal Affairs” looking into the shenanigans with the laptop. They wanted me to give them a statement but I refused, until my Consul was present. They say that they are genuine. I wonder?

682. Obviously, I had every reason not to trust the police, however, I was polite and welcomed their investigation, if it was genuine. We agreed that they would return to interview me when I had arranged for the British Consul to be present.

683. Inspector Isles told me that their investigation was centred around (i) the allegation that my MacBook had been stolen from Corporal Morton’s house, and (ii) why and how the laptop was at his house. I told Inspector Isles that Inspector Smithen was the policeman in charge when the laptop was confiscated from me at Rawlins Plantation. I also told them about the statement from Officer Damien Challenger that “all items were stored at the Crime Scene Department, in the evidence locker and locked”.

684. Inspector Isles said that Corporal Morton said that I gave him the laptop to “hold” for me. I told her that I certainly did not, and that this was a ridiculous excuse. At the time that the laptop was confiscated, I had been under arrest since the previous day, I did not know Corporal Morton and I certainly did not trust policemen at all because at that time I had just been falsely arrested. My MacBook was confiscated during the search of my premises, which was headed up by Inspector Smithen. If I had have been allowed to give anything to anybody, it would have been to my trusted colleague and Front Desk Manager Annie Jainarine.

685. Inspector Isles noted my comments and my verbal complaint against Inspector Smithen.

686. The day after the visit of Police Internal Affairs I drafted a formal complaint letter against Inspector Charles Smithen, Cpl’ Greg Glasgow and P.C. Fitzroy Morton, to be handed to Inspector Isles in front of the British Consul. My letter stated as follows

Ms Joseph Isles
And Mr Mitcham,
Internal Affairs,
St Kitts and Nevis Police Force.
Tuesday 8th September 2015

Good Morning Ms Isles and Mr Mitcham,

Thank you for coming to see me yesterday, to inform me of your ongoing investigation into the actions of certain employees of the CID dept. of the SKN police.

I can certainly confirm that I definitely did not give my MacBook laptop to officer Morton “to hold”. That story of his is preposterous. He confiscated my MacBook laptop from my residence on 1st January 2012, during the execution of a search warrant there. He also took my second Blackberry at that time. (My first Blackberry having been taken from me on the evening before when I was arrested at the instruction of Charles Smithen).

I have been requesting the return of my laptop and my Blackberry telephones since then, because the evidence on them will show my innocence. I have said this many times in person, in court, and in writing to the judge’s Chambers. I also made a formal application for the disclosure of these items of my confiscated property on 17th March 2014.

I enclose with this letter, copies of letters to the judge’s Chambers, and my formal Application for the disclosure of these items.

The prosecution confirmed in court that the police were holding my MacBook laptop and BlackBerrys, but were requesting that the Court allow their own expert to take off the information on them which I wished to lead with. I have consistently pointed out that such a position is prejudicial to me, and the Court has agreed. On 11th May 2015 Justice Carter ruled that they be released to me via the legal chambers of Mitcham and Benjamin.

It is very telling that, at no time in the past 3½ years, has Mr Morton ever said that “ I gave him the laptop to hold”, until now. Such a suggestion is nonsense.

This evident untruth is indicative of the untoward nature of my arrest and incarceration. I enclose a copy of my letter of 13th August 2015 to Acting Commissioner Stafford Liburd, complaining about the missing laptop and stating my concern that”

“it has been deliberately destroyed by the same policeman who fabricated an alleged statement to attempt to incriminate me. When my innocence is shown, his perpetration of that statement, will be very embarrassing for him.”

In passing a copy of the said letter to you, I reiterate my innocence, and my complaint of false arrest and malicious prosecution, against Charles Smithen and his accomplices, PC 405 Greg Glasgow and Cpl Fitzroy Morton.

It has become apparent that my treatment under the auspices of Charles Smithen is sadly commonplace. Without solicitation I see here many, many occurrences of similar corruption against innocent citizens, by Charles Smithen. I also understand that he was demoted to Corporal around 2005 because of wrong doing.

I noted last year that the case brought against Erastus Lavelle, was thrown out by the court, when it was shown by the defense that an alleged police witness (who was an army man) brought into the case by Charles Smithen, had been given by the CID, a totally made up story, when in fact, this said army man was not really a witness at all. This alleged ‘police witness’ was recorded on a cell phone admitting to his brother that he was just, ”doing a job” for the CID.

Then even more recently ( in June this year) Regan Richards was released by the prosecution after being incarcerated on remand for over 3 years. There was no explanation by the police or the prosecution. However, Regan Richards has complained that he was falsely held for all that time because of a statement which was tampered with by Charles Smithen and his accomplices at CID.

Since my incarceration on remand on 31st December 2011, it has become apparent to me that the names Charles Smithen, Greg Glasgow and Fitzroy Morton are synonymous with corruption and dishonesty. It is shameful that it should be so, in such a small and beautiful island. Crime detection in St Kitts will not improve until we have an honest and capable cop in charge of CID.

I know for certain, by my experience, first hand, that Charles Smithen and Greg Glasgow are disgustingly dirty cops. I also know that other innocent prisoners here have had exactly the same horrific experience that I have gone through. Two such individuals, Shaheed Williams and Alfred Nisbett are making complaint to you jointly with me at this time, in respect of their own similar experience with Charles Smithen and his accomplices at CID.

In these three similar complaints, now before you, albeit three separate complaints, they have many parallels. Furthermore, the three complainants are all men of good character, who have never committed a crime in their lives, and have now all been falsely imprisoned. They are being maliciously prosecuted by Charles Smithen and his accomplices using solely concocted statements as evidence.

The modus operandi employed by Smithen is clearly to tamper with, or concoct, a statement allegedly made by the person arrested. In my own case the alleged statement has been completely fabricated, and every sentence (which is written in local dialect) is so ludicrously at odds with the known contemporaneous facts of the matter as to make the content ridiculous. Apart from demonstrating that the content is nonsense, the wildly inaccurate content suggests that the story was written (by a local person) before the facts were fully examined.

In the case of all three complainants, they have now been held for over three years without bail, when not one scrap of contemporaneous evidence exists, whatsoever, against any of them.

The whole basis of each incarceration is solely on the word of Charles Smithen and one, or other, of his accomplices. This is an outrageous abuse of process. None of the statements comply with the SKN Evidence Act and so are inadmissible in Court. Charles Smithen is a dishonest and dirty cop, who is bringing shame onto the police force of St Kitts and Nevis, and who is operating outside of the SKN Evidence Act.

I respectfully submit that all three complainants should be given immediate police bail whilst their complaints are investigated, and the practices and wrong doing of the CID department is put right.

It is time to show some morality in these three matters and then after full investigation of the officers involved, to examine previous convictions perpetrated by Charles Smithen, which are tainted by the same malpractice.

I thank you for your assurance yesterday that your visit and your intention is genuine and that there will be no ‘cover up’. I look forward to the results of your thorough investigation and a full response in writing to each of the aforesaid complainants.

Sincerely and respectfully,
Kevin Horstwood

687. CLICK TO VIEW , an original copy of my formal letter of complaint to Police Internal Affairs written on Tuesday the 8th of September, 2015, which I also copied to the British FCO at the time.

688. On the 29th of September 2015, British Consul Sarah Percival visited me, and Inspector Isles attended. I handed over my written complaint dated the 8th of September 2015, against Inspector Smithen, Constable Glasgow and Corporal Morton, together with copies of my Application for Disclosure dated the 17th of March 2014, and my Submissions to Chambers, trying to get the return of my MacBook Laptop.

689. CLICK TO READ , a copy of Ms Percival’s report filed in the British FCO as Case Note 524 in respect of her visit to me on the 29th of September 2015, sent to the British High Commission in Bridgetown Barbados, on the 30th of September 2015. A copy of this report was disclosed to me by the British FCO after my exoneration and release.

690. I corresponded and met with Inspector Isles after my release. I prompted her to progress my complaint against Inspector Smithen, Constable Glasgow and Corporal Morton. At a meeting on the morning of the 12th of January 2016, she told me that her investigation and report on the matter had run to 200 pages. Inspector Isles also told me on the 12th of January 2016, that during the course of her investigation, Corporal Morton admitted that Inspector Smithen had instructed him to fabricate search warrants for Rawlins Plantation and Golden Lemon Inn, several months after they were actually searched, on the 1st of January 2012.

691. On the 10th January 2016, I was telephoned by one Inspector Mills. I was asked to meet with him and Inspector Isles on the afternoon of the 12th of January 2016, which I agreed to do. At that meeting I was asked to attend an internal disciplinary hearing scheduled for the following day, the 13th of January, at the Basseterre police station in respect of Corporal Morton. On the afternoon of the 12th of January 2016, I sent an e-mail to Acting Commissioner Stafford Liburd, with the subject line “Proposed Hearing Tomorrow”, to point out that the complaint that I filed with Inspector Isles was against not only Corporal Morton but also Inspector Smithen and Constable Glasgow. I further stated that I was “seriously perturbed” to be asked to give evidence against only Corporal Morton when Inspector Smithen was the principal perpetrator. I concluded by saying that it would be an absurdity to prosecute this matter without Inspector Smithen as a Defendant.

692. CLICK TO READ , my e-mail to Acting Commissioner Liburd of the 12th of January 2016.

693. Inspector Mills called me on the 13th of January 2016 to tell me that the hearing had been adjourned until the 14th of January 2016 and ask me to attend. Neither Inspector Smithen nor Constable Glasgow had been included as defendants in the matter. I responded to him by e-mail, saying how bizarre I found this. I wrote: “It begins to appear that Morton is being made a scapegoat, when in fact his misdeeds are minor compared to those of his boss, Charles Smithen”.

694. CLICK TO READ , my said e-mail to Inspector Mills, of the 13th of January 2016.

695. Inspector David telephoned me twice on the 18th of January 2016 to tell me that the police disciplinary hearing against Corporal Morton had been adjourned until the 19th of January 2016, and that I must attend. I drafted a final e-mail to Inspector Mills on the 19th of January 2016, reiterating my position.

696. CLICK TO READ , my said e-mail to Inspector Mills, of the 19th of January 2016.

697. I copied all of my e-mails to the then, and now, Attorney General, Vincent Byron.

698. To the best of my knowledge, neither Inspector Smithen nor Constable Glasgow faced internal disciplinary hearings and the charge against Corporal Morton was dropped. Prior to my release, Inspector Smithen was promoted to Superintendent of CID. However, after my release he was quietly sent on ‘gardening leave’ and then he resigned from the RSKNPF.

699. To date, as far as I am aware, my complaint filed with the Internal Affairs Department has not been progressed beyond the report prepared by Inspector Isles. Her report has not been released to me.

MY MACBOOK LAPTOP “APPEARS”

700. Although Justice Carter ordered on the 11th of May 2015 that my MacBook must be returned to me, this was not done until the 6th of October 2015, when Inspector Smithen delivered a MacBook laptop to the Chambers of Mitcham and Benjamin. (This was just 16 days before the next scheduled hearing of my case.) The Chain of Custody Form presented by Inspector Smithen, who delivered the laptop, was duly stamped by Mitcham and Benjamin.

701. CLICK TO VIEW , a copy of the Chain of Custody Form, duly stamped as received by Mitcham and Benjamin on Tuesday the 6th of October 2015.

702. The Chain of Custody Form shows that Inspector Smithen had custody of the laptop from the time that the laptop was confiscated on the 1st of January 2012, until the 7th of June 2015. It does not indicate that the laptop was released to Corporal Morton. The Chain of Custody Form shows that my laptop was in the custody of P.C. Audain of the Cyber Crime Unit on the 7th of June 2015, although on the 8th of June 2015, the DPP told Justice Carter that, according to Inspector Smithen, my laptop had been stolen from a policeman’s house and was last known to be in Tortola, BVI.

703. My MacBook laptop was in pristine condition when it was taken from my premises. The MacBook delivered to Mitcham and Benjamin by Inspector Smithen, was severely damaged.

704. It is very telling that the Chain of Custody Form shows that my Laptop was handed to a P.C. Audain on the 7th of June 2015 (who I later learned was in the cyber crime unit). This is particularly noteworthy in view of the fact that on the 8th of June 2015, the Crown was still being led to believe by Charles Smithen that my MacBook had been “stolen from a policeman’s house and last heard of in Tortola”. And in fact the Crown told this to Justice Carter on 8th June 2015.

705. Justice Carter had already ruled on the 11th of May 2015 that my MacBook must be handed back to me (and the Prosecution committed to do it the next week). It begs the question, why did Charles Smithen keep the truth from the Crown?

706.

It also begs the question, when did the Crown know that the MacBook was in the possession of the police at the time when the Crown were telling the Court that it had been stolen from a policeman’s house and last heard of in Tortola?

707. Thirdly it begs the question, as to why, when the Crown found out, (that my MacBook was in the possession of the police when they told the Judge that it had been stolen), why did the Crown not immediately comply with Justice Carter’s Order of the 11th of May 2015, and respect her emphatic remit of 8th June 2015?

708. Fourthly, it begs the question, why was it given to the Cyber Crime Unit on the 7th of June 2015 for four months when Justice Carter had already ordered that it be released to me on the 11th of May 2015?

709. Fifthly, it begs the question as to what was done to my MacBook by the Cyber Crime Unit during the four month period that they had it. Did they remove data which would have embarrassed the police, particularly Charles Smithen?

710. At the very least Charles Smithen who was at that time the head of CID misled the Crown. Did the Crown mislead the Judge too? At the very least the Crown acted contemptuously? Will they be made to come clean and indict those responsible?

711. When I was informed on the 6th of October 2015, by Mitcham and Benjamin, that my MacBook had been released to their chambers, I made inordinate efforts including three letters to the Chief Officer to try to gain permission for the laptop to be inspected by an expert in my presence. I am advised by my UK attorney Mrs Taylor and verily believe that she made several phone calls to the Chief Officer after she found a local expert willing to examine the MacBook.

712. The Chief Officer did not initially grant permission for me to attend at an examination of the laptop. Mrs Taylor alerted the British FCO and the matter was raised with the British Foreign Minister, Phillip Hammond, which was evidenced in British FCO Case Note number 530 dated the 8th of October 2015.

713. CLICK TO VIEW , a copy of British FCO Case Note number 530 dated the 8th of October 2015.

714. After almost two weeks, I was finally granted permission to attend at the Chambers of Mitcham and Benjamin for the examination of my laptop by a local computer expert.

715. I attended the examination on the 19th of October 2015. The examination was only allowed by the prison to last for 30 minutes. Due to the damage that the laptop had sustained after it was seized from me, only limited functions were working. The touch-pad did not work. After 20 minutes, and using an external mouse, the expert was able to access the laptop.

716. The laptop contained files and a screensaver which were not mine, although some of my files from 2011, were still on the laptop. The expert showed me that someone had created a file on the laptop on the 27th of July 2012, and that additional files were created between 2012, and 2015. The expert was able to print one document created on the laptop in 2013, which bore the crest of the RSKNPF and was addressed to Commissioner CG Walwyn. I was incarcerated and had no access to the laptop between the 31st of December 2011 and October 2015, when the expert examined the laptop.

717. CLICK TO READ , a copy of an Affidavit that I prepared on the 19th of October 2015, immediately following the 30-minute examination of the laptop, and which was filed on the 20th of October 2015.

718. Two days later at a hearing in Court I was able to relate to Justice Carter all the evidence found on the laptop by the expert and to table the copy of a report from the CID department to Commissioner CG Walwyn which had been written on my laptop. I stated to the Court that: “Evidently my laptop was not stolen from the police, but it was stolen by the police.”

719. Justice Carter was most concerned at the revelations. The prosecution were uncharacteristically quiet. Justice Carter vacated my trial date, scheduled for the 2nd of November 2015, as I had requested in my above affidavit, so as to allow time for a specialist computer forensic person to recover evidence for my Defence from my laptop hard-drive. Moreover, Justice Carter ordered that the prosecution attend a hearing on the 2nd of November 2015, to answer and explain the issues raised in my affidavit filed on the 20th of October 2015.

720. I asked the Court for an Order that the police pay for an overseas computer forensic company, to retrieve evidence from my MacBook, so that I could show my innocence. I also asked for an Order that the police should pay for a new laptop to replace the one which was badly damaged in their custody. However, no further ruling was made on that day.

721. British Consul Sarah Percival was in Court to hear the proceedings on the 22nd of October 2015. CLICK TO VIEW , copies of case notes made on the British High Commission file on Thursday the 22nd of October 2015, which have been released to me for inclusion in this account.

MY FINAL ATTEMPT TO GET FULL DISCLOSURE

722. On the 20th of October 2015, I filed a further, more detailed, Application for Disclosure, in the light of the circumstances at the time. CLICK TO READ , a copy of my application which was filed on the 20th of October 2015.

723. On Thursday the 22nd of October 2015, the Crown responded to my latest Application for Disclosure with an Affidavit from Damien Challenger. CLICK TO READ , a copy of the Affidavit of Damien Challenger, filed on the 22nd of October, 2015.

MY FINAL DOCUMENT after which the police case collapsed

724. On Thursday afternoon the 22nd of October 2015, I was served with the Crown’s response to my Application for Disclosure, in the form of the Affidavit of Damien Challenger above. I felt that their response was wholly inadequate and raised many more issues than it answered. I immediately set about responding to it, in advance of the next scheduled hearing which had been set by Justice Carter as the 2nd of November 2015.

725. My response was thorough clinical, comprehensive and detailed. I felt that I was rightfully exposing key flaws in the prosecution case. I believe that it was the most important document that I wrote in my almost four years of incarceration. Here are just a few extracts:

Response to paragraph 12 of the crown’s DC 1st Affidavit

1. In my Application for further disclosure, in paragraph 7, I request a copy of all contemporaneous notes made by Damien Challenger, in this matter, together with his scenes of crime report. In the statement of Damien Challenger, dated February 2012, on page one, line 3 to line 9, he states:

“I am a Crime Scene Technician, and I am trained in Crime Scene Investigations, Crime Scene Management, Crime Scene Photography and Finger Printing. I received my training in Trinidad at, ‘The Special Anti-Crime Unit of Trinidad and Tobago’. I also received training in Vienna, Austria at Lansdiskriminalant, and also locally in St Kitts and Nevis. For all this training, I received certificates for the successful completion of these courses.”

We are now apparently being asked to believe that, this highly trained Crime Scene Technician, made no notes or written records whatsoever, at any time during his “Crime Scene Processing”. This is just not credible. I submit to this Honourable Court that the police are withholding evidence.

2. In the said statement of Damien Challenger, on page two, line 26, he states:

All wounds were measured . . . .”

So where are the measurements? I submit that this (together with other vital information) is likely to be on the police database. In any event this information is clearly being withheld by the police.

3. In paragraph 12 of the Crown’s DC 1st Affidavit, Damien Challenger states as follows:

all notes taken by me in this matter were recorded in the “Crime Scene Diary”, a copy of which is now produced and shown to me and exhibited hereto and marked “DC 4”.

Exhibit “DC 4” the incident log

4. Firstly the one page photocopy exhibited is not any sort of “Crime Scene Diary”, it is merely an extract from an incident log. Where are the crime scene notes and the scenes of crime report which PC Challenger is so well trained to produce?

5. Secondly, why does this part of the incident log show, three entries from 31st December, then this one entry for the 30th December, then an entry for 1st January 2012?

6. It appears that the entry, exhibited as “DC4” has been made out of sequence. This is very suspicious. Is there a previous entry in this incident log, in the correct place which is not being disclosed? I ask this Honourable Court for directions that I may examine the original incident log in person, to ascertain the genuine facts.

7. The contemporaneous crime scene notes and measurements made by Damien Challenger, and his scenes of crime report are vital evidence. I ask this Honourable Court for transparency in this matter and an order for disclosure of them, pursuant to the aforesaid authority of Glidewell L.J. in Reg v. Ward [1993]
Response to paragraph 13 and 14 of the crown’s DC 1st Affidavit

8. In my said Application for further disclosure, in paragraph 8, I have requested disclosure of the contemporaneous notes and scenes of crime report made by Lt. Alexander, who was the most senior scenes of crime officer present. The response in the crown’s DC 1st Affidavit is that he did not make any. I find that assertion not at all credible. I submit that the police are withholding evidence.

9. Moreover, it is stated in paragraph 14 of the crown’s DC 1st Affidavit, that WPC Stevens made no notes either. So this court is being asked to believe that three scenes of crime officers [Lt Ancil Alexander, PC 562 Challenger , and WPC 633 Stevens] all went to the scene of a murder, but not one of them made any notes whatsoever, or made any sort of official record, or written analysis of the scene. Is this credible? I don’t feel so. I submit that the police are withholding access to police work done on 30th and 31st December 2011 and that it is prejudicial to my defence.

Response to paragraph 15 of the crown’s DC 1st Affidavit

10. In my Application for further disclosure, in paragraph 10, I request a copy of, “the list of items taken by SKN police, from the cane field crime scene, and from the body of the deceased MM, together with a copy of the relevant ”Evidence Log” entry, as referred to on page two, line 34, of the statement of PC 562 Challenger.” Damien Challenger states in his said statement of February 2012:

All items taken from the crime scene were stored at the Crime Scene Department, in an evidence locker, where all evidence is logged in, and kept locked.”

So where is the “Evidence Log” for this evidence, or the “Evidence Log” for items taken from the villa accommodation of MM, or the “Evidence Log” for items taken from Rawlins Plantation, requested in my paragraphs 12 and 13 respectively? This is vital chronological evidence.

11. It is important to the defense to establish accurately what was “logged in” and when, because of subsequent assertions by Charles Smithen and Fitzroy Morton. I submit to this Honourable Court that the Evidence Logs have been conveniently lost by Charles Smithen and Fitzroy Morton to cover up their ‘Abuse of Process’.

12. In paragraph 15 of the crown’s DC 1st Affidavit, Damien challenger states that:

On 29th May 2015, Lt Ancil Alexander prepared a report, setting out all the items collected at the crime scene.”

But my request is for the contemporaneous evidence for this essential piece of police work, for a crime which was investigated in 2011.

13. A report/single paragraph, written on “29th May 2015” (three and a half years later) after my several requests for disclosure, is not adequate. Where are the records that were created at the time of this investigation? I submit to this Honourable Court that the police are either withholding, or have chosen to lose contemporaneous evidence prepared by the scenes of crime officers, because it would conflict with the CID allegation against me, concocted by Charles Smithen.

Response to paragraphs 17, 18 and 19 of the crown’s DC 1st Affidavit

14. In my said further Application for disclosure, and in my initial Application for disclosure on 17th March 2014, I have rightfully sought to have access to evidence to prepare my defence, to the false arrest, and to the illicit charge of murder, both perpetrated by Charles Smithen. At every instance Charles Smithen has sought to withhold evidence. I ask this Honourable Court for transparency in this matter and moreover that it should not entertain any further untruthful excuses from Charles Smithen and his staff to evade disclosure in this matter.

Response to paragraph 20 of the crown’s DC 1st Affidavit

15. I am most surprised that in paragraph 20 of the crown’s DC 1st Affidavit, Damien Challenger states, that AVP Queeley says, that he has no record of any disciplinary matters against Charles Smithen and that Smithen was “never placed on Administrative Leave”. I ask Mr Queeley most respectfully to re-examine all of his files.

16. I have had a dozen local individuals refer me to the same matter stated in paragraphs 19 and 20 of my further Application for disclosure. Filed with this Affidavit in Response to the crown’s DC 1st Affidavit, is an Affidavit by an ex-police officer with twelve years of service, referring first hand, to the incident of the missing evidence, referred to in my paragraphs 19 and 20, in which Charles Smithen was involved.

17. In the said Affidavit by ex-police officer Julian Charles, he refers to a special investigator who was brought to St Kitts, from Barbados to investigate the said incident of missing evidence. I ask sincerely, for transparency in this matter. I respectfully and sincerely ask this Honourable Court for an order of disclosure of the report by the Special investigator from Barbados who came to investigate the said incident of missing evidence.

18. I wish to call the said special investigator as a defence witness and so I respectfully request that the Court issues suitable directions to protect his autonomy from any undue influence from other parties.

19. I give respect to ACP Queeley, and I graciously ask for due courtesy in return, from such senior policemen who may prefer to cover up

the indiscretions of Charles Smithen to save embarrassment. I submit that the integrity of this Honourable Court must be put above co-worker loyalty.

Exhibit “DC 7” disciplinary charges against Smithen/Glasgow

20. I note in the personal records provided marked “DC 7” that PC 405 Glasgow has previously been charged and has pleaded guilty to making false statements.

21. I know, for a fact, through my own direct experience that both Glasgow and Smithen are making a false statement in this matter, when they state that I gave a confession statement.

22. I state categorically that both Glasgow and Smithen have perpetrated ‘Abuse of Process’ and have brought the integrity of this Honourable Court into disrepute. I further submit that both their statements are tainted by their previous indiscretions and conduct, which affects their credibility.

23. I am informed by page 221, commencing at line 32, of “Commonwealth Caribbean Criminal Practice & Procedure”, by Dana Seetahal (4th edition) that:

“ . . . the prosecution has a duty to disclose material which implicates key prosecution witnesses in conduct which affects their credibility.”

24. I cite the fact that a special investigator was previously brought from Barbados to investigate missing evidence, involving Charles Smithen. I cite the fact of my MacBook laptop seized during the execution of a search warrant, which Charles Smithen then claimed was stolen, so as to prevent my access to the evidence on it. I cite the fact that my laptop seized by Charles Smithen has 442 megabytes of personal and police information on it, in files dating from 27th July 2012, through three years, to 2015.

25. I submit respectfully to this Honourable Court, that Charles Smithen and his CID department are out of control. That they are not operating with decent moral conduct, nor within the parameters of the SKN Evidence Act, and that they have no credibility in this matter.

Response to paragraph 22 of the crown’s DC 1st Affidavit

26. It is difficult to take seriously the excuses and attempted explanations submitted in “DC 9” written by Charles Smithen and Fitzroy Morton, because of their previous indiscretions. The indisputable, ‘Abuse of Process’ in this matter perpetrated by Charles Smithen and Fitzroy Morton, has become a highly spurious pot, and the more one stirs it, the more it stinks.

27. It is sad that the office of the DPP appears to seek to defend the indefensible. The narrative in the letters written by Smithen and Morton does not explain in any way the real facts and evidence that I have cited and those that I have filed in my sixth Affidavit.

28. Everything stated by Smithen and Morton in the “DC9” letters is hearsay and unqualifiable. They seem to be allergic to tangible evidence, and professional record keeping. I further submit, respectfully, to this Honourable Court, that sadly I know through first hand experience, that they are allergic to the truth.

29. The assertion of Morton that I gave him my MacBook laptop to look after and hold for me during the execution of a search warrant is just ridiculous!

30. I note that the Chain of Custody Form “DC1” shows that Smithen had the laptop the whole time and never released it to Morton. So, if Morton had it, he must have taken it from the Evidence Room.

31. It will become clear once the enormous amount of data put onto my MacBook in 2012, 2013, 2014 and 2015 is analysed, which of the CID policemen used my laptop.

32. There is no tangible evidence whatsoever, that my laptop was ever stolen from anywhere in April 2015, nobody was caught with it. And, we are expected to believe that it just appeared out of the sky, like Jesus, and not demand proper evidential verification of this story.

33. There is not one shred of evidence regarding my laptop from Smithen and Morton which is fit to put before this Honourable Court. There is however, 442 megabytes of tangible evidence on my laptop, now safely at the chambers of Mitcham and Benjamin.

34. This tangible evidence proves that my MacBook was used extensively for three and a half years. I submit, based on real evidence found on my MacBook, that it was taken from the police Evidence Room around 27th July 2012. I submit, that it was taken primarily to deprive me of the evidence on it, of my activities on 29th December 2011. I submit, that it was never intended that it would be returned to me. I submit, that it was only the firm insistence of Honourable Justice Carter that meant that it had to be handed back.

35. I submit, that it was damaged just prior to being returned to try to prevent access to it.

36. The story of the theft of my laptop is dubious, and almost irrelevant, given that it refers only to two months of 2015. I see it as a smoke screen.

37. No attempt at explanation has been made by Charles Smithen in “DC 9” as to why the Crown was not told on 7th June 2015, or at least 8th June 2015, that he now had the laptop in his possession (if it ever left). On 8th June 2015 the Crown were relaying to the Court for the first time that:

“the police state that it was stolen from a policeman’s house and was last heard of in Tortola.”

38. Neither does Smithen explain why it was left with PC. 658 Audain for four months from 7th June 2015, and why it was not released as ordered by Honourable Justice Carter, until 6th October 2015.

39. The ‘Abuse of Process’, by Charles Smithen and Fitzroy Morton in this matter is unequivocal. It is essential that, the integrity of the Court is protected from further Abuse by them. I humbly submit that Charles Smithen and Fitzroy Morton, should be arrested and investigated by a civilian board of inquiry.

726. I completed the document in 5 days and managed to get permission to file it three days after that, together with an affidavit garnered from ex-policeman Julian Charles evidencing previous misdeeds concerning Charles Smithen.

727. CLICK TO VIEW , an original copy of my response to the Affidavit of Damien Challenger and the Affidavit of Julian Charles, filed on Friday the 30th of October, 2015.

728. The next Monday was to be the hearing set by Justice Carter. Late in the afternoon of Friday the 30th of October, I was served with a Skeleton Argument from the Crown Prosecution and a 2″ thick, bound, bundle of disclosure documents. I read the Skeleton Argument through the weekend and felt content that my response already filed was adequate to stand against it.

729. In the middle of the large bundle of documents disclosed by the Crown was an Affidavit by one Ileba Mills, a Clerk in the Chambers of the DPP. This Affidavit alleged that on the 10th of August, 2015, the office of the DPP had been informed that my MacBook was at Police Headquarters, and that it was known to have been used by persons in CID. This usage was admitted to include download images, in March 2015, from pornographic web sites of sex between women and animals.

730. CLICK TO READ , a full copy of the Affidavit of Ileba Mills, with exhibits, filed on the 30th of October, 2015.

731. This disclosure again raises the question as to why was Justice Carter’s Order of the 11th of May 2015 and her emphatic direction of the 8th of June 2015 not followed by the police and the Crown Prosecution?

THE FINAL HEARING: on the 2nd of November 2015

732. On Monday I was taken to Court at 8.45 am. I had drafted notes for my oration to the Court, and had rehearsed them. I knew that I would be on my feet for one and a half hours to make my submission.

733. When the hearing commenced, I stood as usual and confirmed that I was representing myself. Surprisingly, Dr Browne QC, who was in the Court, also stood and declared to the Judge that he was willing to represent me.

734. Before I could figure out why he should make such an offer when he had been fired by me three and a half years earlier, the judge stated that we should both sit down because the DPP had something to say.

735. DPP Gossai stood and stated that he had recently been appointed DPP and that he had looked at my file in detail, reading every document. In a 20 minute speech he went on to admit Crown misconduct and police misconduct. He detailed the lack of disclosure of information by the Crown, all of which would have been helpful to my defence. He referred to many instances of abuses of process by the Crown and the police, any one of which, he said, would have been grounds for the defence to apply for a stay of the charge against me. He noted that my assertion that my indictment was invalid had never been challenged by the Crown. In his summing up, he said that, he had no intention of prosecuting me, and that in fact it would be absurd to continue to prosecute Mr Horstwood.

736. Justice Carter expressed her dissatisfaction that it was only now that certain facts were coming to light and that I had been incarcerated for almost four years.

737. Justice Carter continued:

“Mr Gossai, I applaud you for what you have done today. I know it would not have been easy. It’s never easy to have to examine what has been done in the name of the Crown, because that’s where you stand. To say that there has been misconduct, and faults, and I think in this case especially when it relates to an unrepresented defendant, I think that’s what I find so absolutely reprehensible in this case, were dealing with an unrepresented defendant.”

738. Justice Carter asked me to go into the dock and then said:

“Mr Horstwood you have heard Mr Gossai of the DPP this morning. He’s answered the submissions that you’ve made with regard to non-disclosure and abuse of process in this matter and also ultimately your Application for a Stay of the indictment. After going through all of the many matters, he has indicated that the DPP will not be proceeding with this matter against you, and I say, quite fairly so.”

739. Justice Carter drew breath and said, you have good cause to vent, but at this time all I can say is that “with regard to Indictment Number 54 of 2012, that given the indication of the DPP, you are formally discharged on that indictment sir.”

740. Justice Carter declared that I was free to go and I left the Court.

741. CLICK TO READ , a full transcript of the final hearing.

742. Until I had heard the speech by DPP Gossai, appointed by the new government, I had no indication that I would be released at that hearing. My prepared submission to that morning’s hearing was not necessary.

EPILOGUE

743. On 2nd November 2015, my property Rawlins Plantation Inn was not fit to live in due to the fire of 8th May 2015. So, when I left the High Court as a free man, with the British Consul Lynda Ayrton, and her director, who had both attended the Court hearing, we went across the road to the Sands Complex, to the office of the lawyer for Belmont Resorts Limited.

744. Belmont Resorts Limited is a majority government owned entity and is occupying my company’s property, the Golden Lemon Inn and Villas.

745. I informed the Belmont Resorts lawyer that I needed a place to live, and requested that they make one of my company’s villas at the Golden Lemon Inn available for me to live in, whilst the issue of her client’s occupation was resolved. My request was refused.

746. In those 5 years, and in spite of the admissions of Crown misconduct and police misconduct, by DPP Gossai, nobody from the government has come along to see me with an apology, or an offer of temporary assistance, to help me to get back on my feet.

747. My peers in UK, Canada and America all counselled me to leave this country which had inflicted so much harm on me and my investment here.

748. I stayed in St Kitts for 18 months, filing my claim and hoping that the new Unity Administration was made of different metal to the previous one, and that they would approach me to repair the harm that had been done to me in the name of St Kitts.

749. That didn’t happen. Not even the slightest sign. I had to conclude that as far as the government is concerned, morality does not live in St Kitts. Neither do I now.