In a significant legal development, two men from Princes Town, Eric Phillip and Paul Phillip, have successfully appealed their 14-day jail sentences for disorderly behavior and using obscene language. The Court of Appeal, presided over by Justices Charmaine Pemberton and Carla Browne-Antoine, ruled on October 28 that the sentences imposed by Magistrate Lisa Singh-Phillip were excessive. The incident, which occurred on November 27, 2024, on Tarouba Link Road in San Fernando, involved a verbal altercation with police officers at the scene of a family member’s vehicle accident. Both men pleaded guilty to the charges, while their relative, who also faced charges, pleaded not guilty, with his case still pending. During the initial hearing, the men’s attorneys emphasized their clients’ good character and remorse, pleading for leniency. However, the magistrate sentenced each man to 14 days’ simple imprisonment for each offense, to be served concurrently. The men’s legal team, comprising Aaron Mahabir, Yves Jacques Nicholson, and Mathias Sylvester, argued on appeal that the custodial sentences were unduly harsh and disproportionate. The Court of Appeal agreed, stating that while the conduct was improper, it did not warrant imprisonment. The court invoked Section 149(2)(a) of the Summary Courts Act, which allows for the substitution of a more appropriate sentence. Consequently, the prison sentences were quashed, and fines of $200 were imposed for each charge, with a default term of seven days’ simple imprisonment. The attorneys also highlighted the outdated nature of laws on obscene language, describing them as relics of colonial history that suppress local cultural norms and expressions. They argued that such laws are inconsistent with modern principles of free expression and personal autonomy. The State was represented by Sabrina Dougdeen-Jaglal.
Princes Town men win appeal against jail terms for disorderly conduct, obscene language
