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Gozney: ‘I can assure Bermudians that the Chief Justice and I are not deaf’

Governor Sir Richard Gozney

Governor Sir Richard Gozney has reassured Bermudians that he is “not deaf” to concerns over the way a magistrate handled the case of a paedophile on Tuesday.Meanwhile the victim’s family told this newspaper they want to thank residents of the Island for all their concern and support.The fact that Joshua Crockwell did not get prison time for causing the 12-year-old victim to attempt to give him oral sex has caused outrage across the community.Remarks made by sentencing magistrate Khamisi Tokunbo that Crockwell did not “prey” upon the young girl who “had to be protected from herself” caused further concern.Mr Tokunbo handed Crockwell a 15-month sentence but suspended it for two years. Crockwell was aged 20 when he committed the offence two years ago, after meeting the girl when she was playing outside her home.Following calls from child welfare campaigners for Mr Tokunbo to be removed from his job, The Royal Gazette invited Sir Richard to comment, since he is the person who appoints magistrates after consultation with the Chief Justice.He replied: “If I have doubts about a decision or remarks made by a magistrate I discuss those doubts first with the Chief Justice, and we agree what should be done.“I have only needed to do so two or three times during my four-and-a-half years as Governor.“I do not believe that it would help the cause of good justice if I publicised those past occasions or made public any thoughts about the recent case which has hit the headlines and which may not have been finally determined by the courts.“But I can assure Bermudians that the Chief Justice and I are not deaf.”Meanwhile, the family of the young victim yesterday thanked those members of the public who have shown concern and support.“I want to thank Bermuda as a whole for supporting her,” said one close relative.She is hopeful the Department of Public Prosecutions will proceed with an appeal against the non-custodial sentence.“I hope that at the end of the day she gets her justice,” she said.However, she revealed that although “99 percent” of the public comments she’s read have been supportive, some have caused further anguish to the victim and her family.“Some people on Facebook are saying (she is) a whore and she’s pregnant,” she said. “How can they live with themselves? She don’t understand. She’s still a young girl. She’s still only 14.”She said although the girl’s legal right to anonymity has not been compromised, it is difficult for her to hear members of the public talking about the case.In the meantime, however, offers of help have come pouring in.“Ninety-nine percent of Bermuda is supporting her and I really appreciate it. I have spoken to counsellors who are willing to take her on,” said the relative.Adding her voice to the concerns yesterday was Elaine Williams, executive director of the Women’s Resource Centre.She said: “It is shocking to hear of the recent decision of a suspended sentence for the sexual exploitation of a 12-year-old girl.“It is most concerning to hear in this day and age that this can happen.”Of the magistrate’s remarks that the young girl needed to be protected from herself, Ms Williams asked: “Who should be doing that protecting? Should it not be the law and judicial system supported by all of us?”She added: “A 12-year-old is emotionally vulnerable, which is the main reason that perpetrators prey on them.“Although Mr Crockwell gets to go on with his life, the young girl now has to deal with this unfortunate disruption in her sexual and emotional development.“A 12-year-old does not have the experience or reasoning to consensually engage in an appropriate sexually intimate relationship. This is why we have such laws as the Criminal Code.”She said the decision and comments made by the magistrate are a “clear indication” that a mindset which places a higher value on men in society than on women continues to exist in Bermuda.Meanwhile an online petition launched on the website www.change.org achieved its target of 100 signatures yesterday.The petition, called “Help Remove Khamisi Tokunbo as a Bermuda Magistrate”, encourages supporters to e-mail the Attorney General’s Chambers to complain.