Stewart v R

• Jurisdiction: Jamaica
• Judge: Cools-Lartigue, J.
• Judgment Date: 02 December 1960
• Neutral Citation: JM 1960 CA 10
• Date: 02 December 1960
• Court: Court of Appeal (Jamaica)

Court of Appeal

Cools-Lartigue, J.A.; Duffus, J.A.; Waddington, J.A.

Stewart

and

R.

Appearances:

David Coore for the appellant.

V.C.Melville for the Crown.

Criminal law - Bribery — What constitutes a “public officer”

Cools-Lartigue, J.

1 The appellant was indicted for that he being the liaison officer for the Kellits District Committee for the distribution of farm worker's tickets did on a day unknown in the month of September, 1958, in the parish of Clarendon receive from Rudolph Hylton a bribe, that is to say, the sum of £7 as an inducement to the appellant to show favour to the said Rudolph Hylton by influencing the District Committee aforesaid to recommend him to the Ministry of Labour for a ticket entitling him to be selected for agricultural work in, the United States of America.

2 He was tried by the learned resident magistrate for Clarendon on May 25th, June 15th and June 29th, 1960. On the day last mentioned, he was convicted and sentenced to six months' imprisonment at hard labour. From that conviction and sentence he has appealed.

3 The evidence discloses that the system in vogue for the recruitment of agricultural workers for employment in the United States of America is as follows:

4 A member of the House of Representatives appoints district committees covering each district of his constituency. The committees are comprised of a liaison officer, and at least two other members. The liaison officer handles correspondence with the Government on behalf of the committee. Liaison officers are not paid for their services and are not entitled to demand remuneration therefor.

5 The committees recommend to the Ministry of Labour workers to be selected for employment when invited to do so by the Ministry. Each list of recommendations must be signed by the liaison officer and two other members of the committee. The liaison officer then sends the list to the Ministry and the Ministry in turn sends a declaration form to the liaison officer for each person recommended - each form bearing the name of a nominee.

6 As soon as a requisition is received from the United States of America, the Ministry summons persons from the group recommended asking each to bring in his declaration form. When the nominee attends a “blue card” is issued to him and he then moves on for selection. At the selection stage all other documents but the “blue card” are taken from the prospective recruit. If selected the nominee retains the “blue card” until the hour of departure; if rejected by the agent of the employers the “blue card” is taken away and returned to the Ministry and filed.

7 In 1958 the appellant was the duly appointed liaison officer for Kellits District Committee. In August or September, 1958, one Rudolph Hylton, a cultivator, of Crofts Hill, Clarendon, told the appellant that he was anxious to procure a “farm worker's ticket”.The appellant thereupon told Hylton that he could get a ticket for him, but he would have to buy it. Subsequently the appellant told Hylton that he wanted £8 for the ticket. Hylton borrowed £5 from the father of his girl-friend Mavis Lauder. Hylton added £2 to that sum and paid the appellant £7, the money being actually handed to the appellant by Mavis Lauder in the presence of Hylton.

8 At the start of his submissions learned counsel for the appellant asked for and was granted leave by the Court to add the following ground of appeal: “That the appellant was not a public officer and therefore could not be convicted of the offence of bribery.” In Russell on Crime (11th Edn.), p.429, “Bribery” is defined as:

“The receiving or offering any undue reward by or to any person whatsoever, in a public office, in order to influence his behaviour in office, and incline him to act contrary to the known rules of honesty and integrity.”

9 It is patent that the learned resident magistrate found as a fact that the appellant, as liaison officer, received £7 from Rudolph Hylton in order to show favour to the said Rudolph Hylton by influencing the district committee to recommend him to the Ministry for a ticket entitling him to be selected for agricultural work in the United States of America. We think that there was evidence to justify the learned resident magistrate...