Parish judge defends hefty mask fines

Chief Parish Court Judge Chester Crooks has defended the hefty fines imposed on persons who were found guilty of failing to wear a mask in public, arguing that a strong message must be sent.

Recently, there was public uproar after a St Thomas Parish Court judge fined dozens of persons $200,000 or 30 days in prison for contravening the law by not wearing a mask in public.

Since then, many persons have criticised the heavy fines as well as expressed concerns about the disparity in the sentences handed down by the courts for the offence.

A person who is brought to court under the Disaster Risk Management Act (DRMA) and convicted before a parish court is liable to a maximum fine of $1 million or to imprisonment not exceeding one year. 

Speaking at a virtual forum put on by the judiciary yesterday, Crooks, while acknowledging that there is a disparity in the sentences, said judges are guided by the law.

Further, he stressed that each judge has to address the issue based on what is happening in their locale.

"In some parishes, the compliance with the DRMA is higher than others. St Thomas, for instance, has had a particular challenge there.

"What happened in St Thomas the other day, the record was not entirely clear .... but the next day, based on reports we got, there was not one person walking around in St Thomas without a mask and the people who are coming out and saying 'boi unuh harsh and the fines are too high' and so on, they are missing the point," Crooks said.

Noting that he has had to shame persons into compliance, the chief parish court judge said many persons are suffering financially as a result of the pandemic and persons who wear masks are not just saving their own lives but are protecting the lives of others.

"So well-meaning persons or social justice warriors, they have to make the point that wearing the mask is your responsibility, it's your own personal feelings and constitutional rights aside," he said.

At the same time, Crooks said judges have been exercising leniency in imposing fines.

But, he said he has noticed specifically at the Kingston and St Andrew Parish Court that,  despite the leniency and attempts to shame offenders into complying, the numbers continue to increase.

Added to that, he said, he has learned that party organisers are now factoring the cost of fines into their planning as they have to "eat a food".

"So, again, a message has to be sent and the reporting was not entirely accurate but the message was sent and received," Crooks declared.

In the meantime, Chief Justice Bryan Sykes said if persons disagree with the fines imposed by parish court judges they have the option to bring an appeal and that the Court of Appeal can determine the appropriate sentence under the DRMA.

- Tanesha Mundle

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