United States national Jason James Grogg who pleaded guilty to several ammunition and gun-related charges will be back on court before Magistrate Michael Laudat on May 5, 2023, when he is expected to be officially sentenced.
Grogg and his entire family were arrested at their Belfast residence on April 18, 2023, and slapped with several ammunition and gun-related offences. His lawyers then went to the High Court citing a breach of the constitutional rights of the younger siblings who are underaged after they were kept in police cells.
The High Court ruled that their arrest was “unconstitutional” and that charges against them were to be dropped immediately. He and his wife are also facing a charge of “trafficking” which is an indictable offence to be tried by a Judge and jury at the High Court.
After his guilty plea, Grogg was remanded in custody so his financial means for the payment of a possible fine to be checked, however, on his return to court on April 27, 2023, his lawyers Julian and Jilane Prevost from the chambers of Prevost & Prevost told the court that he had “no money” and was depending on “family and friends to help him.”
They asked the court what was the proposed fine so as for them to seek financial assistance but that information was not forthcoming from the court.
“We have US$4,000 and will also be getting a further US$2,000 make it US$6,000 which is equivalent to EC$16,200 (US1 at 2.71) and is prepared to hand it over to the court,” the Prevosts told the court. But Magistrate Laudat stated that since he was “a foreign national” he would be imposing a “forthwith fine” and needed all the money for his release.
“The court cannot impose a fine on someone who cannot pay, this is making a mockery of the system if I am to impose a fine, he must show means of payment,” Magistrate Laudat stated.
He explained further, while he was departing from the Sentencing Guidelines as stipulated by the Eastern Caribbean Supreme Court, Section 104 states that the Court cannot impose a fine on a defendant who “cannot pay.”
“We have scooped everything that we had…we have done our best, the Court is heavy and needs to tell us what the fine is,” Julian Prevost stated.
Magistrate Laudat then replied stating that the court was “not heavy” and the defendant was charged with offences committed at a State institution (the Woodbridge Bay Port) hence he did not expect to get “a pat for that.”
He then explained that he was consolidating the charges and that under the Firearms and Ammunition Act, the court had the power to impose a fine and also a prison sentence which is not more than 15 years.
“Given the situation, the Court will now rescind the non-custodial sentence,” he said. But Jilane Prevost pressed on and asked that since he was due to come back to court on May 5, 2023, the matter be put for that date, she also further inquired as to the sum the court was minded to impose on her client.
She also inquired about his 1/3 deduction, his remorseful, guilty plea and also his cooperation with the police. The court then set a fine of $40,000.00 to be paid forthwith and as the drama continued to unfold in the court, Grogg asked that he be sent to prison since “I want my wife to be out of this and free.”
The matter was set for May 5, 2023, and Jason James Grogg and his wife Jennifer were remanded in custody at the Stock Farm Prison until that day to return to court.