Mayaguana Island Administrator Zephaniah Newbold said in a letter to Chief Magistrate Joyann Ferguson-Pratt that he released a convict out of "fear and trepidation" after being "threatened" by MICAL MP V. Alfred Gray.

Newbold wrote "I have been hindered in the execution of my duties".

But in an affidavit obtained by The Nassau Guardian, Gray denied this and said he sought to "assist" in the matter "from a purely humanitarian perspective".

Gray said he was only seeking to prevent any permanent damage to the arm of Jaquan Charlton, 19, who is one of his constituents.

While he said in an interview with The Nassau Guardian on March 20 -- a day after the court matter -- that he did not remember who initiated the call, Gray acknowledged in his affidavit that he called the administrator twice.

Police recently investigated whether Gray interfered in a judicial matter when he made those calls. Commissioner of Police Ellison Greenslade said on Tuesday he has forwarded the findings of the police probe to Attorney General Allyson Maynard-Gibson.

Maynard-Gibson has not yet announced her decision on the matter.

In addition to Gray's affidavit of April 9, The Nassau Guardian obtained a copy of the letter Newbold wrote to the chief magistrate. It is addressed March 19, the same day he convicted Charlton.

Newbold said Charlton pleaded not guilty and the trial commenced.

"The matter was prosecuted by ASP Newbold," Newbold wrote.

"She called the witnesses to give their evidence.

"The defendant was given the opportunity to cross-examine the witnesses Upon conclusion, the prosecution and the defense were allowed to sum up their cases.

"I gave my ruling and notified the defendant that he was found guilty of assaulting a police officer and resisting arrest.

"I discharged him on the matters of obscene language and disorderly behavior.

"I informed him that he was convicted and sentenced to three months' imprisonment on each charge to run concurrently.

"I informed him that he has a right to appeal to which he verbally responded that he would do so. I advised him of the proper procedure and allowed the officers to escort Mr. Charlton to the station to be detained."

The administrator continued, "A short time later, I received a telephone call from Minister Hon. V. Alfred Gray.

"He seemed to be quite angry and he ordered me to have Mr. Charlton released immediately. He abruptly hung up the phone on me.

"I spoke to ASP T. Newbold who contacted her superiors.

"She was advised to contact Chief Magistrate Joyann Ferguson-Pratt.

"ASP Newbold contacted [the] chief magistrate and I was able to speak with the chief magistrate on the matter.

"She advised me to uphold my conviction, stating that there should be no interference from the executive in such judicial matters.

"Mr. Gray called back and stated that he instructed Ms. Charlton (mother of Jaquan Charlton) to write a letter to me stating that they wished to appeal the matter.

"At that point, I had not yet received a notice of appeal. Mr. Gray once again ordered me to have Mr. Charlton released.

"He also made certain remarks to me suggesting that I would be moved (transferred) should this not happen.

"As a result, I contacted ASP Newbold and had her bring Jaquan Charlton back before my court.

"ASP Newbold and her officers brought Mr. Charlton before the court and I ordered him to be released.

"I wish to add that I carried out this action while acting through fear and trepidation after being threatened by Minister Hon. V. Alfred Gray."

The Nassau Guardian also received a copy of a letter dated March 19, addressed to Administrator Newbold and signed by Natasha Charlton.

The letter written to the administrator is on the administrator's office letter head. It reads: "I would like to appeal the sentence and conviction for Mr. Jaquan Charlton."

Gray

Gray said in his affidavit that Charlton's mother called him on the morning of March 19 and told him her son had been injured in an altercation with a corporal.

"I at no time whatsoever had no discussion of her son's case with Ms. Charlton or anyone else other than to be told by her, that the administrator had convicted her son and sentenced him to three months in prison," he said.

"This is the first time that I had heard of the matter, and only after the case was finished.

"She said that her son had indicated that he wished to appeal and had asked for bail.

"She asked for my assistance in seeking to get medical attention for her injured son.

"This was in the context that the administrator had refused to adjourn the case to Friday (the following day) when a lawyer could have appeared to represent Jaquan who she said was obviously injured.

"I told her if she filed her son's appeal and faxed it to me I would see if I could be of assistance on the issue of bail for her son so that he may get medical attention since the case was finished."

Gray added," I was confident that the administrator would have been provided the notice of appeal as the time it was faxed to me (10:54 a.m.) from the administrator's office on his office letter head suggested to me that his office and himself had to have been in receipt of the same.

"The number from which it was faxed is the fax number of the administrator's office in Mayaguana."

He said, "As a result of my having received the letter of appeal, I immediately called the administrator by telephone at about 10:54 a.m. to seek his assistance in having the wounded man given an opportunity to get needed medical attention.

"When he answered the phone, I told him that I needed to speak to him but he quickly indicated that he could not speak to me at the time from where he was, and requested that I please call him back in about two minutes.

"I called him back at about 10:56 a.m. and spoke to the administrator. I told him that I had been informed by one Ms. Charlton that the young man's case he had just finished (because he had already been convicted and sentenced and an appeal filed) was her son and that he needed urgent medical attention and treatment for what she suspected to be a broken arm.

"I told him that he could permit him to have the needed medical attention by granting the young man bail pending his appeal, as that was within his jurisdiction."

Gray's affidavit includes the telephone bill for his private office line. It shows the times and duration of the calls.

Gray said, "I totally deny the contents of the administrator's report wherein he indicated that I ordered the man to be released.

"I never instructed nor did I order the administrator to do any such act or thing. "I never suggested to the administrator that he would be transferred from Mayaguana (the most isolated posting in the Department of Local Government) to anywhere else at all.

"The length of the telephone calls I made and the times between them (one minute and two minutes or less respectively) speak to the brevity of my conversation with the administrator and does not line up at all with the account given by the administrator in his letter to the chief magistrate.

"It is to be observed from the administrator that it was the prosecutor, who called her boss then the chief magistrate, who then spoke to the administrator.

"If this account is to be believed, it is impossible for all that to happen in one minute, the time between my first and second call to the administrator."

The Nassau Guardian also secured a letter that the permanent secretary in Gray's ministry, Rena S. Glinton, wrote to the chief magistrate.

The letter is dated March 23.

Glinton said she was in Gray's office when the calls were made, and that two other colleagues were there during the second call.

"I am somewhat perturbed by the allegations levied against the minister as I was in the office and can say that Minister Gray did not order the release of Mr. Charlton; did not indicate by word or action that Mr. Newbold would be transferred and did not threaten Mr. Newbold in any way."

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