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KENDALL “MADMAX” DEAN Facing 30 Years in a second murder Conviction in four years

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Wilkie Arthur

Freelance Court Correspondent

In the early morning hours of Friday the August 3rd, 2018 Judah Gail was at the Five Dollar Bar situated at Lamont’s (Chicken) parking lot in Providenciales; also at the bar were several other patrons including a woman who was in company of some friends. During the course of the night and before the fatal shooting there was an altercation between a person known as “Madmax” and one “Sparky” on the corner of the food court at the establishment’s parking lot.

Gunshots were fired and the patrons hurriedly dispersed, whilst some ran into the bar and laid low.

The case for the Crown depended to a large extent on the evidence of JC who testified under the cloak of anonymity and the pseudonym Jessica Cooper.

JC testified that shortly after the gunshots and the verbal altercation between Madmax and Sparky, a red Mustang entered the parking lot to the Five Dollar Bar. It was then about 2:00am. She further testified that Madmax alighted from the red Mustang, raised his shirt revealing a gun. She said, then he approached Judah and asked him whether he thought his gun was a trophy and Judah laughed. 

At the time, Judah was sitting on a vehicle close by, she testified.

Madmax’s vehicle was a distance of approximately 2-3 feet in front of JC’s vehicle and she said that she was about 10-15 feet away from the shooting incident. 

Madmax told Judah, “I will kill yuh *ucking a$$ tonight” and shot him once in his chest.

He then fired two more shots into Judah’s chest, according to the eyewitnesses.

Madmax then got into the red Mustang and sped away from the scene. Judah collapsed onto a vehicle belonging to one Thea Musgrove and succumbed to his injuries at the scene.

Again, that was 2018.

Kendall “Madmax” Dean was convicted on March 2nd, 2020 of that crime and later sentenced to 30 years to life imprisonment for the Judah Gail murder. But Dean would appeal his conviction. 

On Wednesday May 5th, 2021 after having carefully considered the written submissions and having had the benefit of oral submissions the Court of Appeal allowed the appeal, quashed the conviction and directed that a verdict of an acquittal be entered. 

We relived that 2018 bold in public shooting death of Judah Gail, the anonymous witness testifying, along with the conviction, sentence and subsequent overturned by the court of appeal, to show and remind ourselves that this present case of Swann’s shooting death bears striking similarities. 

This court correspondent can now report, one of the jurors said in the first attempt to select a 12 member jury for this new trial, that she was a juror on his first murder trial. She was referring to the 2020 trial for the murder of Judah Gail that took place in August 2018. 

As a result of what was said by that potential female juror, in the presence of the rest of jury in the waiting pool, already having been selected for the trial, the selection process was aborted.  

The following week, another attempt at staffing an unbiased jury resumed.

Police confirmed and revealed that in this new shooting death of JOSHUA SWANN on the evening of Sunday August 8, 2021 – exactly three months and three days after Madmax had won his appeal and been released – that a bold gun crime in clear view of members of the public, with reportedly many witnesses was carried out by Kendall Dean; facing charges of murder. 

A number of the other witnesses who gave police statements refused to testify in the trial held in the Grand Turk Supreme Court as police believed and was investigating how one of the eye witnesses that were present at Swann’s murder scene and was sent off to the UK with his girlfriend and their young child, came back home. 

He “Karo Outten” having left the UK and moved to the USA for a while, decided to traveled from the US and returned home, was killed on Wednesday June 7th, 2023, at ZaZa location on Five Cays Road. 

He traveled home without the permission and knowledge of those closest to him, including his girlfriend or child; it blindsided witness protection as well.

The girlfriend was called in as a witness in the trial; she testified from the United Kingdom unabashedly stating that she was not returning to TCI after what happened to her partner mere days after landing in Providenciales. 

Dean was charged with the murder of Joshua Swann; described as ‘his own friend’,  over what police said was a ‘theft of funds dispute.’

Police explained that they believed Swann was shot for missing funds he did not steal, according to statements they had collected.

The 12 member jury heard the evidence and on Monday April 22 returned a conviction for Kendall Dean in the 2021 killing that claimed the life of the young man.

Kendall Dean is facing 30 years in prison on the murder conviction. 

Will the judge in this new murder matter, his Lordship The Hon Mr Justice Davidson Kevin Baptiste imposed the mandatory minimum of 30 years to life imprisonment on Kendall Dean? or will Mr. Oliver Smith KC, Dean’s attorney, persuade the judge to sentence his client to less than the 30 years to life imprisonment according to our TCI laws, if finds exceptional circumstances? 

A sentence of 30 years to life imprisonment simply means, Dean will have to serve no less than 30 years before he can apply to be considered for parole. If having exhausted all his appeal options and fails, he would be at age 56 before his first parole application can be submitted for consideration and no guarantee it will be granted. 

The “life sentence” means he can remain at His Majesty’s Prison until he dies.

Prosecuting the matter was SIPT Senior Public Prosecutor, Mr. Quinn Hawkins and was assisted by Ms. Katherine “Kate” Duncan also from the SIPT trial. They were granted special noticeable police protection at their hotel rooms and everywhere while conducting the prosecution of this trial in Grand Turk and heavily armed tactical unit officers were positioned at the court for the duration of the trial

Now, sentencing is fixed for June 10th, 2024.

Caribbean News

CHTA President Praises Jamaica’s Hurricane Preparedness, Assures Ongoing Support

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KINGSTON, Jamaica– President of the Caribbean Hotel and Tourism Association (CHTA), Nicola Madden-Greig, has praised the strength of local and regional public-private sector partnerships, while congratulating tourism stakeholders across Jamaica for their strong level of preparedness in weathering the dangerous Category 4 Hurricane Beryl, which impacted the island this week.

“Jamaica was spared the worst of the hurricane and we have now returned to regular business operations,” said Madden-Greig, who rode out the storm at her office in Kingston. She reported that Sangster International Airport in Montego Bay and Ian Fleming International Airport in Ocho Rios opened today, while Norman Manley International Airport in Kingston will open on Friday, July 5, after minor repairs are completed.

“We have no reports of any guests being injured during the passage of the storm, and the majority of the hotels and the tourism industry in general have emerged unscathed,” Madden-Greig added.

However, she expressed concerns for the south coast of the island, where many local communities were impacted, along with several independent hotels and villa operations.

“We will be including these operators in our disaster relief efforts, particularly in the Treasure Beach, St. Elizabeth area,” she noted, explaining however that she had little doubt that this resilient community will rebound in the shortest possible time.

The trade association leader was encouraged with the reports emanating from the Cayman Islands, which confirmed no major impact on the sector there. “We are thankful to God for sparing us for the most part, and we are now resolved to getting our industry back on track, while serving communities (especially those in the Grenadines) who are in dire need at this time,” said Madden-Greig.

Individuals, businesses and organizations that want to contribute to regional hurricane relief efforts may make a monetary donation at www.chtaef.com.

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Caribbean News

CARICOM raising profile and priority of its Migration Policy; curbing challenges ‘a tall order’

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Garfield Ekon

Staff Writer

 

The Caribbean Community (CARICOM) is committed to work with Member States and other stakeholders to implement a “forward-thinking regional migration policy,” according to its Assistant Secretary General, Alison Drayton.

Addressing the opening of a recent three-day workshop titled “Towards a Regional Approach to a Migration Policy in the Caribbean,” in Port-of-Spain, Trinidad and Tobago, she said it is evident that the Region has been facing, and will continue to face, various challenges that affect the lives and livelihoods of Caribbean citizens.

“Namely, due to Climate Change, which has amplified displacements and the need for persons to migrate from areas that threaten their livelihoods or limit their opportunities to prosper and provide for their families,” the ASG told the forum, adding that the Climate Change and natural disasters remain “key drivers of displacements in the Region.”

“With the frequency and magnitude of events likely to increase in the future, this has contributed to many regional States facing demographic decline, which has impacted their workforce, our younger population seeking job opportunities outside the Region, and many key sectors being negatively impacted,” she stated.

The CARICOM official underscored that tackling the challenges would be “a tall order,” hence the Regional body’s commitment that would help address various aspects of Regional migration and human mobility as determined by Member State priorities.

Lauding the Government of Trinidad and Tobago for hosting the workshop, and the and valuable technical contributions made by the United Nations (UN) Migration Group and financial contributions from the United States Department of State, the European Union, and the Inter-American Development Bank, she said  the their efforts have been significant.

The contribution made by International Organization for Migration (IOM), has advanced the policy, with provision of consultancies to coordinate the Community’s work through the Regional Approach to Migration Policy (RAMP) Steering Committee and development of the framework, she highlighted.

For Trinidad and Tobago’s National Security Minister, the Hon. Fitzgerald Hinds, his country is also committed to contributing to the development of a regional migration policy framework that reflects the priorities of the people of the Caribbean Community.

“As we embark on this journey together, let us harness the expertise, the insights and the experiences that we already have among us as we gather here today to shape the policy framework that is in front of us,” the Minister said, adding that the current migration realities “should prepare us for future challenges.”

The technical workshop brought together National Focal Points from the CARICOM Member States, and representatives of relevant regional and international organisations, building on IOM’s Migration Governance Indicator (MGI) assessments, and other consultations held with national Governments of CARICOM Member States in 2023.

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Caribbean News

Government Earmarks $300M for Post-Hurricane Dengue Mitigation

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#Kingston, Jamaica, July 19, 2024 – The Government has earmarked $300 million to ramp up dengue mitigation activities, inclusive of fogging, treatment of mosquito breeding sites, removal of bulky waste and drain cleaning, in the aftermath of Hurricane Beryl.

Addressing the House of Representatives on Tuesday (July 16), Prime Minister, the Most Hon. Andrew Holness, said the funds have been allocated to the Ministry of Health and Wellness, which will spearhead vector-control activities over the next six weeks.

He further informed that the National Solid Waste Management Authority (NSWMA) and National Works Agency (NWA), “are technically involved in this dengue mitigation [exercise] by trying to clear the environmental conditions that would create the growth in the vector”.

Mr. Holness highlighted the potential for a significant increase in the dengue vector, the Aedes aegpyti mosquito, which breeds primarily in containers, consequent on  the hurricane’s passage.

“We know that many communities are being plagued by the increase in the mosquito population… and other vectors [such as] roaches, rats and flies. Therefore, the cleanup and removal and clearing of waterlogged areas is of critical importance,” he emphasised.

The Prime Minister noted that the hot summer conditions, along with rainfall, will further contribute to heightening the possibility of an increase in these vectors and the transmission of diseases.

As such, he appealed to Jamaicans to properly store water in covered containers and destroy mosquito breeding sites around their homes.

“I urge all homeowners who are storing water and… leaving the containers open, that an easy way to control the growth of the mosquito population in your households is to cover the containers,” Mr. Holness said.

He pointed out that the NSWMA will shortly announce a schedule for the removal of bulky waste from homes.

Prime Minister Holness further indicated that the NWA will be actively cleaning various gullies.

Dengue symptoms include fever, headache, and joint and muscle pains. These are often resolved through rest and adequate hydration along with the use of paracetamol to treat the accompanying fever.

 

Contact: Chris Patterson

Release: JIS

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