Certificate of Correction Part 6 Return to St Johns
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.
***********************************************************************
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," he 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."
***********************************************************************
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.
************************************************************************
