Two men, who have been accused of causing grievous bodily harm to another man in what has been described as a drive by shooting in Loubriere, were denied bail when they appeared in court on Thursday.
Kennon Birmingham and Kerie Jno Jules of Pointe Michel are now on remand at the Stock Farm Prison.
McPherson Jno Baptiste of Loubiere was injured in the incident which occurred on March 1, 2013.
The trial is set for October 14, 2013.
Police prosecutor Inspector Michael Laudat, strongly objected to bail, telling the court that another person is being sought by the police.
He said the weapon used to commit the alleged offense (a gun) is yet to be recovered and pointed out that the gravity of the offense is serious since the victim is still a patient of the Princess Margaret Hospital (PMH)
He also noted that investigations into the matter are still ongoing and feared that the men, if granted bail, would interfere with witnesses and the investigations.
However, defense lawyer, Joshua Francis, in a strong animated argument urged the court not to “curtail the liberty of the men.”
“This is all an allegation, we don’t have a bail Act and this is a bail able offence, the onus is on the prosecution to come with summary evidence to support why bail should be denied and they have failed.” Francis said. The men, he told the court are “first time offenders and were not the shooters,” he said.
The practice of placing people on remand for “trivial and bail-able” offences is done “casually” and must be stopped, he argued.
“I’m an advocate for change in Dominica as far as the law is concerned, the court must not operate on emotions, it must be the law, this is a court of law and the benefits must be given to them,” Francis said.
He urged the court to grant bail to the men since they “don’t have the propensity for violence” and the evidence against them was “weak.”
“Impose strict reporting conditions, take away all their travel documents but don’t cut their liberty, they have already been in custody for 4 days already,” he stated.
However, after weighing the situation, Magistrate Candia George said that fact that the victim was still a patient at the PMH and the firearm was yet to be recovered were factors she had to consider.
She also stated that persons were at risk and since the matter was still fresh and another person was being sought, she would deny bail and give the prosecution time to complete its investigation.
with all due respect that magistrate is the best.great decision
Peeping Tom.
The politicians are never concerned about the masses until the time comes to vote.And as we all know they and the well off are usually the last to feel the heat,if at all.
It is always the little man in the streets,the
(grassroots)as you said,that feels it first.And so,if it should continue in the way in which it’s going,weekly or sometimes daily affairs of crimes,it won’t utter well for the country at all.
That’s why I believe they should try peaceful demonstations,it must not be political,since it stands to benefit everyone.And by that I mean Labour,Freedom,UWP,Left,Right,Papee everyone get unto the streets as often as they can to wake up the sleeping politicians that they have down there.
That’s probable why they don’t touch on it.
” The men are FIRST TIME OFFENDERS and they were not the shooters”
DNO thats what you attributed as a direct quote from some ” ” lawyer.
Clearly First time offenders could not have breached the law before. The question now is What offence did these so called “none shooters” involved in ?
An absolute contradiction seemed evident. We must learn to think before we speak.
What are we coming to ?
No respect for the law…..
Seeking bail for none shooters and at the same token first time offenders
Sad sad sad
Is me alone my boo has and God also.
So…The 2 they have in custody are not the shooters? Hmm… Your are not questioning them further and have locked them up. Personally. System failure.
On the other hand. I would keep em there till i have the last guy (the slinger) and then release them.
the propensity for violence, what is that? and they are first time offenders are you crazy.. even if they are first time offenders doesn’t mean they haven’t analyse how their work goin to play out until they becomes killers… good thing that this judge lock them up..
i know them two fella personally I went to school with them they not no more violent then any other person here on dno, dominica legal system is a joke putting them in jail for no reason… until october wtf
the propensity for violence,what is that?
But all you doh seeing a bail act would kill the goose that lays the golden egg?
For something so important, how can the gov’t justify not doing something about it?
The answer: Money…
These lawyers are the cause these guys commiting all these crimes quicking to say they are not violent and no threat to society, but they hurt him by driveby shotting. Blood money must comdemn their soul.
We need to invest as a country in Prosecutors. The lawyers are well trained and doing their job skillfully. Our prosecutors are…………….. well you know it.
And it’s for that reason that I will continue to say that the matter can be fixed.
The people just have to take to the streets in large numbers and demand that the law makers(legislatures)do what needs to be done.And have the situation fix.
Instead fo just complaining,that can’t fix anything.Put aside their political,religious and all other deferences,take to the streets by way of large demonstrations and get these lazy politicians to get up from their fat behines and do some meaningful work for a change.
Obama is not going to leave Washington and come fix it for them.
The power to fix it lies in their hands.
So DA people rise up and get going,you’ll can do it.
But respectfully and peacefully.
Chris Mann: “The people just have to take to the streets in large numbers and demand that the law makers(legislatures)do what needs to be done.And have the situation fix. Instead fo just complaining,that can’t fix anything.”
I support you on this. I believe we must launch a sustained grassroots campaign for legal reform. Everyone is affected by the laws that no longer seem appropriate to our times yet, no one seems willing to act. We don’t even hear the politicians speak of legal reform. They don’t even touch it!
the word is the people was haveing one of the road parties, where they block the road, while they dance on the road, they broke his back windshield while he was trying to get to la pointe, why would they broke his wind shield just let hi get thru, I have been there when they the party reberers, wont let no body get thru while they shak there bomboom, and you have to wait.
Let the shooter go., and clear the road, two side to the storiy.
why didn’t you edit your post before posting? looks like you typed this with a wooden glasses on.
If this is so, patience should be exercised on both sides. Two wrongs do not make a right. People must not take the Law into their hands. The best thing is to telephone the Police.
Using a gun, shooting someone could have killed him. The gun may be unlicensed. These are criminal offences. He does not deserve bail.
The Artorney is right, the magistrate is also right to deny bail. But the whole issue I must painfully state is as the Lawyer said. We have no bail act and the call has been out far too long for inactment of a bail act. I hope it becomes law before the next Elections?.
Even though there is no bail act, there is always a condition for bail which does not require an Act. In this case, for the type of offence, utilizing a gun and shooting someone is a criminal offence. It also calls for a prison sentence.
It’s all a big joke..Bail will be sooner-or-later
awarded.
From my understanding it would appear that some of the criminal laws in DA need to be revisited.
I suspect that’s the main source of all the mayhem.
take allu time eh becuz if allu doe deal with it somebbody else will
Joshua, you are fromLoubiere. The injured is form Loubiere. The innocnt faces you see in court are not what you see on the road and on the block. and who say first timeoffenders should be grnated bail casually.
Now what is the AG’s office doing about the Bail Act. aren;t there enough evidence to prove that a abail Act has tobe a priority?
The word jackness is incorrect.It should have read ‘jackassness’.