The strange way how a Technician picked up a curfew offense back in May 2021!
“Rasheed Tyrique Myles,32, pleaded guilty to breach of curfew but Magistrate Baha Shoman even though she accepted his guilty plea dismissed the matter under Section 59B of the Summary Jurisdiction Act”
by Anita Nembhard-Flowers
Editor: channel 1 Belize.com
Belize City, Weds. Feb. 2, 2022
SOE offenses are still being reinforced by the police during the Pandemic and even though the curfew has been extended to 12 midnight on Fridays and Saturdays and until 11 during the week days from Sunday to Thursday, one city resident chose to challenge how he picked up a curfew offense and won without really having to put up much of a defense.
Honesty Is The Best Policy – – The Police Does A Decent Job
It appeared common sense how he got to be charged in the first place and it clearly seems that police officers need to truly use their discretion before issuing a ticket for SOE offenses.
He is 32-year-old Rasheed Tyrique Myles, a Technician of #6742 Tibruce Street, Belize City.
It was way back in May 2021, more than eight months ago since police charged Myles with the SOE offense of breach of curfew.
Allegations are that on May 5, 2021 he Mylez was found at 12:06 a.m., on a public road, that is Tibruce Street, when a country wide curfew was in effect from 12:00 a.m., to 4:59 a.m.
Today for the first time the old charge was read to Myles when he appeared before Magistrate Baja Shoman in Court #6.
While he appeared unrepresented, Myles asked permission first to explain what transpired before he enter a plea.
He explained to Magistrate Shoman that on that day, his vehicle was parked between his yard and the street.
Myles further explained that the reason why was because earlier in the night, he had to rush a patient to the hospital in hsi vehicle.
He further explained that he was inside his vehicle cleaning it at the time because he was not so sure if the person had Covid or not.
He explained that this is why he came to court to challenge the police on the matter.
Well Magistrate Shkman heard his explanation, took it into consideration given the situation as explained in court by Myles and dismissed it under Section 59B of the summary Jurisdiction Act.
This means that while his guilty plea was accepted, no fine was imposed.
In the past a number of persons who have come before the court on SOE offenses have seen a similar outcome of their case being dismissed under this same section after giving an explanation in court that makes sense when both sides is heard in court.
Such an offense now carries a fine of $500 and can exceed to $650.00.
Myles was also fortunate to not have been fine much less imposed the extra penalty fee of $10 per day after the 15 days grace period has expired especially since the offense occur from back in May 2021.
There have been several other SOE offenses that has come before the court where the matter dismissed and no fine imposed. Others have pleaded not guilty and are awaiting their day in court for trial to defend their name.
After the matter was dismissed under section 59B, Mykes spoke with us briefly.
I asked him if he question the circumstances under which he picked up the SOE charge and he said yes and also stated that the police officer who charged him has a personal issue with him.