Amid expressions of disappointment from the public following the sentencing of the three remaining Medical Benefits Scheme (MBS) fraud convicts, High Court Judge Mario Michel yesterday said he was concerned about the comments but would stand by his ruling.
“I can not say that I am not concerned that several callers appeared unhappy, convinced as I am about the rectitude of my sentencing,” the judge said.
The adjudicator said if he were to be called upon to sentence Hilroy Humphreys, Elmeade Jarvis and Jennifer Joseph all over again, he would impose the same penalties given the charges, evidence before the court, mitigating and aggravating factors.
He said he had no doubt the sentences imposed were in keeping with the law and his duty is to “do what I think is right and not what is popular.”
Judge Michel’s remarks were made at the closing of the second term of the criminal law year, the January to April Criminal Assizes.
Humphreys, a former government minister who was convicted on one count of causing $25,811 to be dishonestly obtained from the MBS account in October 1999, was fined $50,000 and ordered to pay $51,622 compensation. The sums must be paid to the court and MBS respectively, within three months or he would be jailed for two years.
At the same time Joseph, a former employee Humphreys, was convicted on two counts of obtaining money by false pretense. She was ordered to compensate MBS the $15,000 she fraudulently collected in May 1999 and the $9,509.15 which she colleted in March 2000.
Her only link to MBS was Humphreys who was once a minister of health, though at the time of the offence he was minister of commerce and trade.
Both Humphreys and Joseph faced a maximum of five years in jail.
Jarvis, who got the most severe penalty, was the accountant at MBS when the crimes were committed. He was found guilty of three offences of fraudulently applying MBS monies to Humphreys and Joseph and faced seven years in jail.
Several persons weighed in on the judge’s decision on OBSERVER Radio’s Voice of the People on Monday and while some said Jarvis’ punishment was too harsh, they said the judge was light on Humphreys and Joseph.
(More in today’s Daily OBSERVER)
I want to say to the judge God was not your guide in this case. If he was your guide you would have judge fairly. ”Politics is the law now in Antigua have mercy”. Just imagine you live in a land where you cannot get a fair judgement. You had a good case
to judge and mess it up this was your time to prove yourself as a wise and educated judge (BUT YOU ARE NOT ONE) and you fail big, big, time, but you know what judge Micheal the master is not finish with this. The little fish Jarvis you call him is in jail and the big fish Humphrey and others are flapping their fins and the other lady who you stated was the piece of meat!! what kind of ruling is this? What kind of show is this? LAW and ORDER, this is judge Matthew now? What message are sending to let Jarvis jailed and the others roam around free Jarvis has a wife ok did you forget that because you are afraid to touch a politician, when God is ready to pass down his sentence we will see what you do. Hold strong Professor Elmeade as i always call you, we are really living in the last days. Be not dismay what er befall God will, I say God will take care of you. I will always love you and respect you and every day and night when I pray I will remember you and Aunty in prayer.
Professor pray for the judge and the jury and the others Humphrey, John, and the others they are to be ashame that you are serving time for their wrong doing how can they sleep and pray to what god. It is holy week remember he went to Calvary for you he died he love, he love. don’t give up( I just can’t give up now come to far from where I have started from) just ENCOURAGE YOURSELF IN THE LORD, SPEAK VICTORY OVER YOURSELF, GOD IS STILL ABLE INSPITE OF. I AM NOT GIVING UP NO WAY.
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Was the judge bent on making sure that someone was jailed, for him to level such a harsh sentence on Jarvis? Didn’t Jarvis only signed checks that were approved by his superiors?
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I want to say to the judge your ruling was stupid .you sentence the small fish and leave the big fish because he has teenage children he is allowed a lighter sentence, that is so unfair ,your judgement is so poor for a judge. God will see you through .this family loves u Mead and will never forget you.
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How amazing Judge Mitchell stated his concenns, because several callers appeared unhappy. Appeared sir! are suggesting people are not really unhappy with your ruling, they only appear to be unhappy? Perfect indication of how out of touch you are with the public.I suggest you take a long look back in your cases archives and I will be totally surprise if you are able to find another of your rulings, with such contriversal overtone.I will take the liberty and tell you why you would not, because those cases involved the common people.You had an opportunity to stand up and make an honest, legitimate decision based on the evidence. However like any political apologist, you have dropped your guns and surrendered.
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Can someone please send this dumb judge back to school. Humphrey’s was the “big fish” but yet the big fish swam away, huh??? Being some one who personally know Jarvis, I am not going to sit here and say he shouldn’t of been punished, but everyone in this case was dishonest; small fish, big fish, a thief is a thief..John should of gone jail cause she fully well knew what was going on, Humphrey’s was the head of the whole operation and I bet it was his idea from the get go, since him and his nephew had bank account set up. How do you send the small fish to jail and not the two big fish who planned everything. This shows me politics run Antigua and always will. The judge knew fully well he couldnt touch a politician so he made the small fish an example. I hope you can sleep at night Judge Micheal, God dont like ugly, and if you were sending people to jail all of them should of went, if not make all of them including Jarvis pay back. Your ruling was stupid and that of a high school child. God bless you and your family. He will serve his two years with pride cause God have a better work instored for him, and he will be blessed. I love you uncle Elmeade.
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I now understand why Politician Judge Mario Mitchell handed down that kind of sentence. You see, it’s quite simple, he knows that these cases are used as precedent and he did not want to set such a dangerous precedent of sending a politician to jail. My dear readers, please follow his line of argument in the written judgment. This sounds very much like the election case where Judge Blenman condemned all the witnesses who gave evidence in that case, she said they were not credible, yet still in the final paragraph she decleared the seats null and void. Politician Judge Mitchell is saying Humphreys was a big fish in this matter and given his position as Minister he betray the people’s trust etc. etc. then he punch a hole in his own judgment by ordering double pay back. That is why I will have no faith in the CCJ. Give me Sparow’s calypso Good Citizens.
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