Desmond Rocque who was on a $300,000 bail after he was charged with the May 17, 2016, murder of McGarvin Peters in Grand Bay, has allegedly breached his bail conditions and is now back on remand at the Dominica State Prison.
Rocque and Miguel Benoit, both of Grand Bay, are awaiting trial following their joint charge for possession of firearm and ammunition.
According to information obtained in court, on January 28, 2021, at Centre Street Grand Bay, the young men did have in their possession 15 live rounds of 9mm ammunition and one Glock 19 firearm without a valid license for either.
Benoit and Rocque first appeared before Magistrate Gloria Augustus on February 2, 2021, where the charge was read to them to which Benoit pleaded guilty while Rocque pleaded not guilty.
Pressed for time and with the Prosecution unprepared to give the facts on that day, the matter was adjourned to February 11, 2021.
At their re-appearance in court on the aforementioned date, Rocque, through his attorney, Zena Dyer, made an application for bail but the Prosecution objected to the application.
According to the prosecution, in accordance with the new Bail Act 2020, a person charged with a serious offence or previous conviction in other offenses, has forfeited their right to bail.
The prosecution also posited that since the offence is a serious one which carries a stiff penalty, the defendant presents a flight risk.
The prosecution further pointed out that the prevalence of gun activity in Dominica has created a “serious public discord, anxiety and fear,” which has affected the security of the state.
However, Defense Attorney Dyer argued that since there are no facts from disclosure as yet in the matter, the seriousness of the offence is not grounds for bail objection.
She further noted that there are no allegations that the defendant did not surrender willingly and being charged with committing an offence while on bail, is not grounds for bail objection as a person is innocent until proven guilty.
The Prosecution’s counter argument to Dyers’ point was that the defendant had been granted bail and by being again charged with other offenses, attests to the fact that he violated his bail conditions, and pleaded with the court to use its discretion to withhold bail.
As part of Rocque’s bail conditions for the charge of alleged murder, he was to maintain a curfew from 7 pm to 5 am daily, not to interfere with witnesses and stay out of trouble. He was also required to surrender all his travel documents and seek the court’s permission to travel and or change his residential address.
Following the arguments, presiding Magistrate Augustus, in keeping with the new Bail Act of 2020, ruled in favour of the prosecution and denied bail to Rocque.
As the time of the matter had elapsed, the facts for the guilty plea of Benoit could not be read, and so, it was further adjourned to May 10, 2021 at Grand Bay.
Benoit is also being held in police custody until the next hearing.
Bail was granted on a murder charge? Welp!!!
“She further noted that there are no allegations that the defendant did not surrender willingly and being charged with committing an offence while on bail, is not grounds for bail objection as a person is innocent until proven guilty.”
Is Ma Dyer serious. Violating your bail conditions is not grounds to deny bail. It has been a pratice that anyone violating their bail conditions will likely be denied bail for the same matter. We now have a new bail act which speaks precisely to how bail may be or may not be granted. Violation of bail conditions is a reason for the denial of bail – particularly involving the commission of a serious crime. Now the Attorney wants bail for someone who is already out on bail and previously warned not to get involved in any illegal activity. Possession of a firearm without being licensed so to do is a serious crime. Ma Dyer you hear that?
Grand Bay for sure is developing into the cesspool of Dominica. What does the dictator do about… very little, in fact nothing!!!!
I don’t care how long Dominica keeps this thug in its state prison. If you send him to the US, we will imprison him. He is … no matter where he is.