High Court judge orders Prisons Commissioner: PROTECT 'FISHIE'S' LIFE

A HIGH COURT judge has ordered the Commissioner of Prisons to ensure the safety and security of remanded murder accused Frankie Jamal Bartholomew, aka Fishie, and put him in an area of the Maximum Security Prison (MSP) where there is 24-hour surveillance by prison officers.

Justice Betsy Ann Lambert-Peterson, as the emergency judge on the weekend, granted the order just after noon on Sunday during an emergency sitting.

Bartholomew’s attorneys rushed to court seeking emergency relief after Bartholomew was stabbed and almost strangled on Saturday, in an apparent attempt on his life.

The judge also ordered Bartholomew’s attorneys to file a separate affidavit saying if he is in MSP in a separate or shared cell by 9 am on Monday.

The application alleges that the prison authorities failed to take steps to secure Bartholomew’s life by having him under constant guard in a separate area and cell that is inaccessible by other prisoners.

On Wednesday, Bartholomew and five others were acquitted of the 2009 murder of Chivon Israh Lewis, aka Tupac, in Morvant.

He was not immediately released since he is awaiting a re-trial for the murder of a man after a WASA fete, also in 2009.

The attempt on Bartholomew’s life took place early on Saturday, at about 6 am, the application said. Bartholomew was visited later on Saturday by his attorney who also provided affidavit evidence in support of the application.

Bartholomew was asleep in his cell when he was awakened by two inmates, whom he (Bartholomew) alleged were members of a Muslim gang, and who attempted to strangle him with a “long cord,” possibly a phone cord which was wrapped tightly around his neck.

While struggling to loosen the cord, Bartholomew screamed for help. Another man, wearing rubber gloves, shoved his hand into Bartholomew’s mouth and down his throat to prevent him from screaming.

While this was taking place, Bartholomew felt himself being stabbed with a sharp object. The ordeal lasted 15 minutes, leaving him bleeding profusely after which he passed out.

Sturge said when he met his client, the inmate dark marks and ligature grooves around his entire neck. There were also dark marks around his mouth. In his mouth, there were also injuries including torn tissue. The left side of his face also had marks and his left eye was swollen and bleeding.

There were several stab wounds to his upper torso and close to his stomach, the attorney said.

Sturge said Bartholomew expressed fear for his safety and security.

He said Bartholomew begged a superintendent of the prison to remove him from that cell and put in in a more secure area. Bartholomew claimed being told this would only be done if he gives up the names of prison officers who are trafficking contraband items in the prison.

“I am informed by the applicant/intended claimant and verily believe same to be true that he is extremely fearful for his life and that if he remains in his cell he will be killed,” Sturge said.

The application for interim relief said Bartholomew was not immediately taken to hospital but was left in his cell bleeding before eventually being taken to the prison’s infirmary and then to the Eric Williams Medical Sciences Complex in Mt Hope.

While at hospital, his wounds were bandaged and he was given medication. He was then taken back to the MSP and put in the same cell where he was attacked.

The application said that on Friday night, Bartholomew’s cell in the east division of the prison was locked and the inmates who attacked him are incarcerated in the west division. So to get to his cell, they would have had to go through three locked gates, their own locked cell and his locked cell.

The application said he was told by doctors who attended to him that if the men had continued strangling him, he would have eventually died.

It also said after he was returned to the same cell in which he was attacked, he was told if he did not “talk” he would die.

The emergency application said Bartholomew was fearful of having to rely on prison guards to secure his safety since his attackers were able to access his cell and it was possible that they (the guards) “may well have been involved” in the attack.

Bartholomew also claimed being told by other inmates that another attempt will be made on his life.

“The threat to the applicant’s life is imminent and the first-named intended respondent has taken no steps to secure the life of the applicant in the discharge of his constitutional duty,” the emergency application said.

Bartholomew’s substantive application for judicial review – in which he is also alleging his constitutional rights have been infringed – said there is a duty of the State to ensure systems are in place to protect prisoners in their custody and secure their lives.

Hearing of Bartholomew’s application takes place on Monday.

He is represented by attorneys Gerald Ramdeen, Wayne Sturge, Lemuel Murphy and Dayadai Harripaul.

Earlier in July, Bartholomew’s cousin was murdered at a clothing store he managed in Aranjuez.

Police believe that murder was in retaliation for the shooting death of Kelum Williams – nephew of another gang leader days earlier. Police have linked these two killings to conflicts between two rival criminal gangs.

Newsday understands one of Bartholomew's attorneys attempted on Sunday to see him at the prison, to get further instructions in keeping with the court’s orders. However, the attorney was not allowed as it was Sunday.

An official at the gate also allegedly refused to take a copy of the court’s order as they claimed they were not authorised to accept the order.

As such, Newsday was told Bartholomew's attorneys are uncertain if there has been compliance with the Justice Lambert-Peterson's order. However, Newsday also understands that attorneys for the State were served with the court's order and were supposed to be liaising with prison authorities for it to be enforced.