Nash Mitchell and Lindon Marie granted bail

The High Court has yielded to arguments for two public officers Nash Mitchell and Lindon Marie to be granted bail after they were charged and remanded in prison for forgery of birth certificates and Commonwealth of Dominica passports.

The Magistrate’s Court objected to granting bail to the men on two occasions this month on grounds they would interfere with the case, but the men are now out of jail, each on $75, 000 bail.

Heather Felix-Evans, lawyer representing the accused in court, said an application was made to the High Court to reverse the June 14 decision of Magistrate Candia George. Felix-Evans had argued that Mitchell and Marie are entitled to bail unless there are solid grounds to refuse bail.

“We argued before the High Court that the presumption of innocence is in favour of the applicants and when they are charged, the presumption is that they are innocent and they are entitled to bail, unless good reason is shown to the court, why bail should not be granted.”

When Felix-Evans and the officer in the office of the Director of Public Prosecution took the matter before the High Court, the Director of Public Prosecution representative could not convince the judge bail should be refused, according to Felix-Evans.

She said Magistrate George did not exercise proper discretion when taking a decision to deny Marie and Mitchell bail.

“We believed that her decision, although she said it was deferring bail, it was actually a refusal of bail, and she had no evidence before her, on which to reach that decision, so we believe that she did not exercise her discretion properly and therefore we applied to the High Court.”

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40 Comments

  1. Lance Bokit
    February 10, 2012

    Where have all the passports gone? What is happening to that case?

  2. liberated
    June 24, 2011

    When ppl can hide behind anonimity, they will say anything
    I challenge anyone of you to put all you money where all you mouth is and expose all you self and see if all you wouldnt deal with a lawyer. But one day all you MUST STOP ‘blaghaying’. Everything is a nine days wonder

  3. Truth, Love, Peace
    June 24, 2011

    In this case there must have been initiators, actors, those who carried out the crime and also accomplices. Let us hope that justice will prevail and meted out.
    It is a serious matter to forge birth certificates and passports and sell them to others as the Iranians, received monetary compensation and keep the avails of these illegal transactions.
    We do not yet know the full story. Are those Iranians in Dominica? How did they enter Dominica? If they are in Dominica what information was given to Immigration when they entered Dominica for the purpose of their visit/stay?
    How was it found out and by whom that they hold Dominican birth certificates and passports? There is a lot to be answered and to apprize Dominicans about this case. Dominicans need answers, are seeking same and the truth of this matter.

  4. miss curious
    June 23, 2011

    Dominicans u all r just cryin over spilled milk so stop chattin cuz none of u all can’t change wat the court has decided!!!!!!!!!!!

  5. Reader
    June 23, 2011

    In my weird way of looking at things, I checking, if a fellar is charged with making passports, and as part of his bail he has to submit his gov’t issued one, do you think there is a possiblity that he may have a “back up” one? Well, I said it was my weird way of thinking!

    • Anonymous
      June 23, 2011

      You all need to understand things and DNO need to report PROPERLY instead of SENSATIONALIZING things. They are not charged with forging passports- after all they were not the ones to issue the passports. They facilitated the birth certificates and applications for passport. 8)

    • Homeboy
      June 23, 2011

      Nice reasoning!!! You never know..

    • Truth, Love, Peace
      June 26, 2011

      @ Reader

      It is not a weird way of thinking. You are correct to give it a thought and an intelligent one. There is a possibility that he may very well have one and who knows what next if he will “jump ship”.
      I do not wish to unduly criticize the Court but it appears very lax.

  6. Not surprised
    June 23, 2011

    I guess they are paving the way for this matter to be swept under the carpet. Don’t be surprised if you suddenly find the prosecution makes mistakes and the evidence is no longer convincing. After all, they can’t touch those higher up this passport scam chain, so the little guys would have to be set free. What’s happening in DA currently is shameful.

    • retired civil servan
      June 23, 2011

      True say Youare a very smart person. What happened to those before them?

  7. Anonymous
    June 23, 2011

    No need for them to escape. This case is going nowhere, to charge them and have them on remand was just to appease the puplic that something is being done. None of those at the top of the pyramid have been charged yet. There is too much at stake for those at the top so nothing further is going to happen to them, the case will just languish in the court system.

  8. John john
    June 23, 2011

    what happen to the 47 years old man that rape the 12 years old child in soufriere,he was bail on 30,000 dollars.why we have not read that story on DNO.

    • ?
      June 23, 2011

      do you know for a fact that he raped the child? What is wrong with you people.

      • Anonymous
        June 23, 2011

        For a fact he had interference with her that is enough

      • jah know star
        June 24, 2011

        whether he did not rape the child and she gave him,that molest,rape……that man should have known better…even with his children he did it to…

    • Past Student
      June 23, 2011

      I WAS WONDERING THE SAME THING THEY SHOULD PUT IT BIG AND BOLD ON THE NEWS THAT HAS BEEN GOING ON FAR TOO LONG IT WAS TIME ENOUGH TO CATCH UP WITH HIM HE MAKE AN INNOCENT BOY TAKE JAIL FOR THAT SAME THING, WHY HIDE IT PUBLISH IT LET PEOPLE KNOW WATS GOING ON MY HEART GOES OUT TO THE CHILD MOTHER THAT MAN TOO WICKED, DADDY DONT TOUCH ME THERE.

  9. Twisted Minds
    June 23, 2011

    Well… guess it’s about the best defense in court. Or, who is who?

    People are on here woowing and wawwing. Wonder what would have been the reaction if it were a murderer or drug dealer let out on bail.

    It seems like we still do not get the point.

    Murder of someone- bad,.. prostitution and murder of a nation’s security and identity, to the point where even international security is undermined and put at risk, with potentially horrendous, permanent implications…? Hmmm.

    Are murderers the worst set of criminals?

    Bail??? I’m not sure. To jail Tom, Dick and Harry, I am very sure.

    But we all know… how it is.

    So why the woowing and waawing. Sad, sad, sad. Not a matter for rejoicing at all. :(

  10. June 23, 2011

    Well. If Skerrit still at work I don’t see why she shouldn’t be back at work.

    • Informant
      June 23, 2011

      The PM has been accused of something that has not been tried in court neither proven. Until this is done, we need to respect him for the Office he holds and not join Angelo and others who disrespect him as the PM. Until he is proven guilty for what he has been accused of he remains Dominica’s legal PM.

      • Anonymous
        June 23, 2011

        excuse me? respect for that man? gimme a break!! ask him why he run and renounce the citizenship he got AS A CHILD. and why was it so urgent. I love the PM but mag way say if it were my child pulling all those lies i would clout him left right and center!!! stop being gullible in 2011

      • simple mind
        June 23, 2011

        You all take pleasure in exposing your ignorance as a badge of honor;well done.

    • cry
      June 23, 2011

      I agree with you on that one. the man is never wrong he always right

  11. littleboy
    June 23, 2011

    This decision should not suprized anyone as it was very clear that it was coming after Miss James recieved bail last week. In fact in my comments last week, I told you all to look out for it because it was very clear that when miss James was bailed by her aunty Sonia Williams, a former minister in the Skerit administration last week, it was just a matter of time before they paved the way for the others to recieve bails. This thing is much bigger than we think and by arresting these three small fishes was just the authorities way to cover up those bigger fishes that are involved and because of the corruption that exists in the goverment and police department today, I feel many top ministers are involved.

    • Night and Day Vision
      June 24, 2011

      You are really that, a’little boy’. Big men think big and intelligently. Go back to school and learn to be a critical thinker. and rest assured SONIA WILLIAMS not studying all you. While all you ‘harpaying’ she is moving on positively. Weep not for her but for you and your children

    • night and day vision
      June 24, 2011

      You are really a’little boy’. Big men think big and intelligently. And Sonia Williams not studying you, she moving on positively. Everything thing is a nine days wonder. You must get something else to talk about soooooooooooooooooon. Just hope is not you or a family member of yours, then you will be in the kitchen

  12. nuts
    June 23, 2011

    Thats it!! Good Job Heather Felix- Evans.

    Now i hope Lyndon and Nash are allowed to go back to work like Kimana!!

    • or wow
      June 23, 2011

      she is back at work? wow!! big WOW!

      • kiki
        June 23, 2011

        who is kimana

      • Anonymous
        June 23, 2011

        go back to work????? what the hell is this?? from what i know when a public officer gets charged they are on HALF PAY LEAVE till the case is called. if you win then you are re-instated and given your other half of salary. and that has been done in COUNTLESS OF CASES. so just what the hell is going on in Dominica??

      • Anonymous
        June 23, 2011

        She is not back at work, she was given her walking papers the same day she went in! Now she can go and sell chapeau pie for her to have two rides too.

    • Truth
      June 23, 2011

      We need to stop misleading the public. She went to work but was instructed to return home.

    • retired civil servan
      June 23, 2011

      I hope so too Nash has a small family and need to maitain them

  13. my heart belongs to
    June 23, 2011

    Great Job Heather. These guys are innocent until proven guilty. Check he big fishes like those high ranking Police that was involve and the Ministers of Government

  14. Anonymous
    June 23, 2011

    Great News!!!! If Miss James can get they can get too!!!

    I am curious about the conditions of bail and why 30 grand for Miss James and 75 grand for them fellas

    • nuts
      June 23, 2011

      They have to surrender their passport and report to the Police Headquarters 3 times a week and 75 grand for bail… Imagine that eh!!!

      The system just unfair.

      3 years i waitin to get my back. 3 years i on suspension. and my matter is trivial compared to that.

      • Anonymous
        June 23, 2011

        then their lawyer should challenge that too. that is dam nonsense!!!!!

        we should be demonstrating in roseau about that crap!!!

      • No Hogwash
        June 23, 2011

        Good question Nuts! Just another indication of the inequity in the laws and justice in Dominica. What a travesty! Dominicans take your country back from these cons before it is too late! I warning all you! Myself I can leave any time, but there are those of you who will be STUCK!!!

  15. June 23, 2011

    them gonna take a boat and escape back door style!

    • Truth
      June 23, 2011

      So where all that coming from

      • Anonymous
        June 27, 2011

        u do the crime u pay the time

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