The just-concluded case of Pascal Morelle on the French side is a most interesting one and offers very important and unforgettable lessons in French jurisprudence.
Pascal Morelle is a 42-year-old Metropolitan citizen of the French Republic residing in a villa at Orient Bay. He is apparently well known to the Gendarmes. He was convicted, given a one-year suspended sentence and placed on two years' probation in March 2008 for threatening a teller at the Marigot Post Office with a machete. And one year ago he was charged for threatening a doctor in the emergency room of Louis-Constant Fleming Hospital with a kitchen knife.
His villa was burglarised on January 20 and 24,000 euros, computers, electronic gadgets, jewellery and photographs that his wife says have great sentimental value were carted away. He reported the burglary to the Gendarmerie in French Quarter and told the duly authorised law enforcement officials that he was going to find the perpetrators and "bring them in."
Four evenings later, acting on information he had gathered, he made a series of citizen's arrests. He rounded up three youngsters, ages 15, 16 and 17. The first was held in Concordia, and by some persuasive means or the other, he led Morelle to two others: one in Mount Vernon and the other in Orient Bay.
All three were gagged and trussed up with their hands tied to their knees with duct tape. As they were being driven around in the back of a car, Morelle picked up a "hitchhiker," then proceeded to a house in Cul-de-Sac where he recovered two of his stolen computers.
All this sounds like great vigilante policing by a citizen. It is the sort of stuff that makes for heroes and for good, fast-paced, action-packed movies such as those starring Charles Bronson.
And indeed, in the eyes of many, Pascal Morelle is considered a hero – a hero in a society where, as many contend, the Justice system is failing citizens, for it does not have the resources at its disposal to deal with the crime situation.
But wait a minute. The show was not over yet. Somehow one of the suspects managed to free his hands and make a call to the Gendarmes, who promptly sent out a patrol that intercepted Morelle with his trussed-up suspects. They were all taken to the station where Morelle was detained and later charged with the violent sequestration of the minors.
Yes. The citizen hero was detained and two months later, above the protests of his lawyers and members of the community who regard him as a hero, he was sentenced to six months in jail.
During the proceedings, it was contended by the prosecutor that while there is provision within the law for citizens' arrests, Morelle had "crossed the line" between what is legally acceptable and what is unacceptable.
This raises a five-million-dollar question: What are the rules pertaining to making a citizen's arrest? What is the citizen permitted to do and not do when effecting a citizen's arrest?
This is a question the French-side authorities had better explain to the public quickly and in detail, for as Morelle's lawyer raged in court, it was not Morelle but the entire French justice system on trial.
