Island Justice, a novella
Chapter 4
We were a nervous trio, Erin, Allison and I, who sat lost in our own
thoughts as we saw the lights of St Johns through the window of the Air
Carribean prop jet as it approached the island. Erin and Allison had
decided to come back to try and help their friend Susan avoid a three
year jail term for selling drugs. She hadn't really sold any drugs, it
was just presumed that with a little under 3 oz. in her possession, that
it was for the purpose of sale. However, with Erin and Allison willing
to testify that one third of the stash had been theirs, and abandonned,
the charge would be at most, simple possession.
Possession did not warrant a jail term in St Johns, but it did warrant
punishment, and that was the cause of the butterflies in the girls'
stomachs as the plane swooped in for its landing. My friend Harry, an
attorney in St Johns, had undertaken Susan's representation at my
request. The prosecutor had seemed amenable to a reduction in charges if
the girls would return and testify as to their own guilt, however, this
would amount to a guilty plea on Erin and Allison's part, and the court
would pass sentence. What they hoped was that the court would just issue
an immediate deportation order for all three, but there was the outside
chance that all three could receive the punishment mandated by the
island's criminal code.
The punishment was flogging. For adult females, the flogging was in the
form of a birching. It was not as severe as the whipping with a cat that
men received, but it was administered as "lower discipline", across the
bared buttocks of the female prisoner in the prison courtyard. For
juveniles (under 21) the punishment was given in private with a strap,
again across the bared bottom of the offender.
Two weeks prior, both girls had been given a spanking plus 10 licks with
my secretary Jane's paddle by yours truly under the stern direction of
Erin's guardian, Aunt Linnea. So the possibility of a second punishment was
was unsettling, to say the least. Where the licking mandated by Aunt
Linnea had been a family affair, given with affection, with both tears
during the correction and hugs and forgiveness at the end, a judicially
ordered strapping would be a cold, mechanical proceeding in harsh
surroundings.
To give the girls credit, it hadn't taken them long to decide to face the music
and help their friend. And we wanted to do it without delay. Susan continued to
sit in jail.
We landed at the airport and went straight to the hotel. It had been a
long day. That night I met Harriet for dinner. She had changed but was still
pretty as ever. The long hair was gone in favor of a close cropped style. I told
her I thought it made her look younger. Harriet still had great legs, a long
slender waist, and sparkling blue eyes. Her short skirt stretched very tightly
across a trim, pouty derriere. She jumped up from the bar as I walked in and
gave me a big hug. I thought maybe she pressed her body against mine a little
longer than necessary.
We chatted for awhile. She had come down here after her divorce. She felt like
she was just starting to live again, she said. With an interested twinkle she
asked about my love life. I told her about my on again off again thing with
Karen. "It seems like it's off again, now. She had to go to California for an
extended period of training. And she's looking at a west coast job. We agreed
that we should back off for the time being." Harriet allowed as to how that made
sense. I didn't tell her about the complication brought on by my tryst with my
own secretary.
I asked her why she settled here.
"I was devastated by the breakup with Frank. I came down here to regroup, get my
head together. At the time the island population was growing. There was a need
for basic legal services, so I looked into it and joined the bar. It wasn't that
hard. Life here was kind of nice and laid back."
"Even with this English discipline stuff in the criminal code?"
"Well, yeah but you have to look at it from their point of view. A kid steals
some stuff, he lives here, everybody knows him. He's probably not a bad kid but
they figure he needs a good spanking. So that's what they do. Same with drunk
drivers, vandals, and other petty crime. They don't want prisons--too expensive.
The insular nature of the society keeps the recidivism down. When everyone knows
you've been flogged, it's shaming and they watch you."
"It is lurid. Shameful." I told her about the Ohio procedure.
"Wow!" she exclaimed. "Spanked like a ten year old then paddled." Her body gave
a little shiver. "I wonder what that feels like."
"I wouldn't know," I mumbled, but my face gave me away.
"Rollin, c'mon fess up--you're hiding something. I can tell," she teased.
"Maybe later. What about this birch switch they use here. It sounds seriously
painful."
"I've seen it applied once....It's painful, yes, but...interesting. I've often
wondered..."
We were interrupted by the waiter who took our orders. Somehow we got off into
other subjects--how her marriage to Frank went south, old mutual
classmates--where were they now. Through the course of the meal I found myself
warming up to Harriet and I think the feeling was mutual. What a great smile I
thought. What a great figure another part of me thought as I watched the
sensuous sway of her hips as she walked away to the ladies room before dessert.
I escorted her home. She lived close by. There was an awkward moment at the door
but I decided not to push things. Still, the energetic goodnight kiss and the
feel of her breasts pressing against me told me that maybe I should have been
bolder. Somehow though, I couldn't see getting mixed up with Harriet until the
girl's situation was resolved.
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Harriet had talked to the prosecutor's office and explained that if the girls
were ready, we could be on the docket for an arraignment and pretrial hearing
the next day. This court was not that busy. Harriet then launched into an
explanation of what could happen.
"I've talked it over with the prosecutor's office and they have agreed to
recommend mitigation of Susan's sentence if you two plead guilty.
Susan will be in court and new sentence will be imposed. Now, girls," she said
evenly, "I will do my best, and, usually immediate deportation is ordered. But I
have to let you know that The court could order that you be given corporal
punishment, all three of you, before they let you go."
Both Erin and Allison looked at each other. This was the moment of
truth. Up to now they could have backed out, but once they agreed to show up in
court, the die was pretty much cast.
"We will, of course, ask that you be deported and barred from reentering St
John's for a period of time but, even with the prosecutor in agreement the court
does not have to accept the deal. I must say that usually they do, and I really
think everything will be alright and you'll be on your way to the states
tommorrow. Are you prepared to go ahead?"
"Wha...what could they do to us?" asked Erin nervously. I had told her
what the penalty was before. I guess she wanted to hear it from the
horse's mouth.
"They could give you the strap." said Harriet with a deep breath. "The
procedure is this, "they will take you into custody
overnight. You have to be held for 24 hours in case there are numbing
drugs in your system, that sort of thing. Then close to the end of the
24 hour period, they will take you to the infirmary and give you a
medical exam to make sure that you are declared fit to receive
punishment. Your attorney, which can be me or Rollin, may be present for
the exam and may accompany you through the rest of the
...er...procedure. I have done this for two juveniles and one adult
client so I can tell you what happens. You will be given a hospital gown
to wear. Underneath you will be naked. A punishment detail of matrons
will place your hands in handcuffs and escort you to an upstairs room in
the Justice Center. You will have your gown removed and you will be
fastened face down over a sort of bench. They will read the warrant signed by
the judge and then one of the matrons will then
deliver the required number of strokes to your ah...bottom with an
approved juvenile correction strap. This is a piece of leather about 20"
long, 3" wide and 1/4" thick. After the strapping you will be taken back
to the infirmary for treatment, then released."
The girls grimaced. "Does it hurt much?" asked Allison. Erin knew, she
did not have to ask.
Harriet nodded. "I'm afraid so, girls. My clients have told me that indeed it
does hurt. Very much. They were both unable
to bear it without crying out. Their skin was very red and
their buttocks swollen. There were welts that did not go away completely
for weeks. However, there was no permanent damage. But
yes, they said it was very, very painful."
"What about Susan?" asked Erin, obviously concerned. "What could happen
to her?"
"Ah, yes, Susan," said Harriet with a sigh. "Look, I've talked to her and
she prefers this to three years in jail here, but she is scared and
justifiably so. An adult flogging in St John's is a serious matter. You
know, it's a good thing this isn't one of the French protectorates where
they mandate flogging. You can be sentenced to hundreds of lashes and
have to stay in jail until they can all be administered, so you get
both, jail and a whipping, several in fact.
"Anyway, Susan might be looking at 3 dozen strokes of the birch."
"What's a birch? Isn't that a type of tree?" wondered Allison. We had
been using the word, but I hadn't really explained to the girls what it
was. Harriet spoke up.
"That's almost right, Allison, but it really refers in this context to a bunch
of
switches, 6 in fact, bound together. The tree they use is willow. It
doesn't grow here indigenously, but when this got started, they planted
a grove on the Justice Center grounds. The night before a birching the
matron or guard detail given the job of actually administering the whipping
goes out, along with the prisoner, to the willow and cuts a bunch of
switches that are about a metre long and taper from 5mm down to half
that. Then they strip the buds and leaves to make them smooth, bind them
in groups of 6 each and put them in water. It's kind of an event and
spectators sometimes gather on the street to watch the "condemned" help
cut and peel the very switches that she will be flogged with. It's an
extra measure of humiliation and public shaming that the government of
St John's feels is appropriate, since the punishment for women is
considered less severe than what the men get."
"Wow! She has to cut her own switches. And people watch this?" said
Erin, incredulous that this could happen.
"Yes and the jeers from the crowd are, as you might expect,
embarrassing. Prison garb is tight denim trousers that don't leave much
to the imagination, and the soon-to-be-whipped hears a lot of comments
about the portion of her anatomy about to get it."
"Do people get to watch her get it?" said Allison.
"Well, it is closed to the general public, but practically anyone who
has some clout can get in and watch from a window in the Justice Center.
The Justice Center is our combined criminal court, juvenile facility and
jail. It has a central courtyard and there is a scaffold there with a
whipping post in the middle of it. They do it there. Usually at high
noon."
"God, it sounds ghastly. Poor Susan!" Erin just shook her head in dismay
for her friend.
"Yes, poor Susan. The night before they measure her for the post and..."
"Measure her for what?" I interjected.
Harriet began to explain. "I'm sorry girls, these details are kind of lurid. The
whipping post has a horizontal bar
that sticks out about 2' to project a padded trestle. They use this for
women. The bar is adjusted so that the trestle is positioned right at
the pelvis. This makes her bend forward at the hips when her wrists are
secured to the post. It pushes the buttocks out to provide a better, er
target. The birch is used only on the buttocks and upper thighs. They
want to avoid hitting the back."
We all paused a moment to absorb the grim reality of these details.
Harriet continued. "I have told all of this to Susan, but she wants to
risk it to get out of here. You know, as a practical matter she might be
flogged anyway if she were jailed here. Corporal punishment of the
prisoners is routine for rules infractions, even minor ones. The matrons
even have 'regulation' straps that have been approved by the courts to
deal with misbehavior."
A pretty grim prospect, I thought. I looked at Erin. "Your call, kiddo."
"I...I guess we're ready," said Erin. Allison nodded and said, "we can't
leave Susan here."
"Ok, then," said Harriet with a sigh, shuffling some papers, "I'll call the
prosecutor
and the clerk's office. You go back to the hotel. I'll call you."
We waited anxiously in the hotel. The girls paced. Nobody felt like
eating. Finally Harriet called. "Well, Rollin, tell the girls we are set
for 10am in the morning. I've done the best I can. The prosecutor will
reccomend leniency, but I'm afraid of this judge. He is hard on drug
use, especially on kids from the US who come down here on holiday to
raise hell. You had better tell the girls to be prepared to be taken
into custody and spend the night in jail. And for what comes later."
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We were an anxious bunch that walked up the steps of the Justice Center the next
morning. We were ushered into the courtroom by Harriet. Susan was brought in
from a side door. The girls hugged each other and cried. Susan thanked them
profusely for returning to help her. Susan was a beautiful girl. A voluptuous
redhead, she had shimmering long curly red hair, green eyes and a nice build.
She was a robust 5'7" with a large bust and flaring hips. Her well-rounded seat
was displayed by the tight prison denim trousers she had to wear. Well, I
thought, at least she's well upholstered enough to take it.
Order was called and the judge entered. The judge, an overweight florid man in
his late 60's, wore the black robe and wig favored by the English common law
countries that had adopted that justice system. Harry wore a barrister's wig and
robe as well. He had moved for my admission pro haec vice (for this matter) so I
could represent the girls.
The bailiff called the case, Commonwealth vs. Susan Pemberton. The prosecutor
then addressed the judge, explaining the charge and how it might be affected by
the presence of Erin and Allison. The judge nodded, listening intently, then he
addressed Harriet and me.
"Counsel, do I understand that your clients are willing to plead guilty to
possession of less than one ounce of a controlled substance, if the charge
against Ms Pemberton can be likewise reduced?"
We said yes. The judge indicated that he wished to make sure, and spoke directly
to Erin and Allison.
"I admire you for returning to help your friend, ladies, but as you are aware
our laws on drugs here are very specific and there are penalties for drug use.
Has it been explained to you what those penalties are?"
"Yes, Sir,"
said both girls in a small voice.
"And do you both wish to enter a plea of guilty to the possession charge?"
Both girls looked at each other, then at Susan, then answered in the
affirmative.
At this point the prosecutor jumped in and said that his office recommended
leniency in the form of immediate deportation for all three defendants. Harry
spoke next pointing out that Susan had spent 10 days in jail already. I got up
and told the court that the girls had been punished already (without being
specific as to how). The judges eyebrows arched up at this bit of information.
At this point our hopes were high. Those hopes, however, were dashed by the next
pronouncement from the bench.
The judge indicated he was ready to rule. "The defendants will rise,"
said the bailiff.
"Susan Pemberton, Erin Hand, and Allison Carter, you are all guilty of illegal
drug use. That is a serious crime on St Johns. Drugs are a cancer on our island
society. Year after year you American students come down here and think you can
flount our laws and get away with it."
Uh-oh, I thought. This was bad. The guy was working up to something. The girls
were standing there, trembling as he continued the tirade.
"Well, you young madames cannot, and I'm going to make an example of you three
so you can go back home and tell your friends, tell the newspapers, tell anyone
you care to that drugs in St Johns will not be tolerated!" He was almost
shouting.
When he stopped you could hear a pin drop in the courtroom.
"I'm going to reduce the charge for you Ms Pemberton, but under the reduced
charges I'm sentencing you three to the maximum permitted by our law. Erin Hand
and Allison Carter, you will each receive 24 lashes to be administered in the
approved manner for juveniles by the department of corrections. Susan Pemberton,
you will be given 36 lashes to be administered according to proper procedure for
adult female offenders. And, ladies, I hope this punishment is a salutatory
experience for you three. Sentence will be carried out within 24 hours and you
are then to be deported. That is all. Bailiff, take Ms Hand and Ms Carter into
custody. Call the next case."
Erin's knees buckled and I nearly had to catch her. Allison gasped loudly. Two
bailiffs approached. Before anyone could react Allison and Erin were cuffed and
were starting to be led away.
"Please, help, Uncle Rollin....no wait...just a minute. Can they do this?" Erin
entreated, practically dragging her heels as they hustled her along.
"Just a minute," I pleaded. The bailiffs stopped. One of them turned to Harriet
and I.
"They are to be taken into custody now, counselors. Sorry, but we have our
procedure. The pre punishment physical will be at 10am. You may see them there.
There will be no visiting tonight. Miss Pemberton will accompany the punishment
detail to prepare the rods for her correction at 5pm today if you care to
observe from outside the compound like everyone else." The guy was brusque and
all business.
The three frightened girls were then hustled out of the courtroom.
Harriet and I looked at each other. She shook her head and sighed. "Best we
could do, Rollin. That judge, Forbisher, is hard on drug cases. He has an addict
daughter. Hates dealers and thinks the way to get to the problem is to levy
severe punishments. It could have been worse, though. He could have kept Susan's
sentence at three years and had Erin and Allison whipped. Let's go back to my
office and I'll fill you in on what we do next.
The last thing I saw was the frightened look in the eyes of the girls as they
were led away in cuffs to spend what was to be a very terrifying night in view
of what was in store the next day.
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