A Fortune man charged with kidnapping his brother, has been denied bail following his appearance in the Magistrate court Monday morning.
According to the police charge, it is alleged that on November 25, 2021, at Stockfarm, Anthony Mitchell “did unlawfully by force, cease and confine Ivor Nickel Augustus.”
At Monday’s hearing, the accused was not required to enter a plea since the charge is an indictable offense –expected to be heard at the High court before a Judge and jury.
Police Prosecutor, Sergeant Vivian Augustine objected to bail on the ground that the victim has not been found and the police are in pursuit of two other suspects who may be involved in this matter.
Augustine told presiding Magistrate, Hansel Valarie, his objection to bail was also made on the authority of section 6:1 of the bail act.
However, attorney for the accused Joshua Francis, in a passionate plea to the court, argued that his client is before the court on allegations, and the presumption of innocence until proven guilty should be applied.
According to Francis, Section 3 of Dominica’s constitution makes provisions for the protection of the right of the accused and this must be protected.
He insisted that should the court take away the liberty of Mitchell, the prosecution must provide reasonable and substantial grounds in the form of evidence based on Section 6 of the bail act.
The attorney averred that the purpose of bail is to secure the defendant’s attendance in court and should not be denied because of the police ongoing investigation and remained resolute in his argument that no evidence was provided to suggest that his client would not avail himself to the court for trial.
“My client has been in custody for over a week, released and rearrested and that should have been ample time for the police to conduct its investigation. The police should not charge then investigate; it should be the other way around, so bail should not be denied in an effort by the police to buy time for what should have been done before a charge was laid against my client,” Francis argued.
Francis referred to a High court ruling of Justice Bernie Stephenson in the case of Ettienne vs Telemaque, and claimed that in the said judgement, Justice Stephenson “made it clear that when the prosecution states that an accused or a defendant would interfere with the course of justice, the onus is on the prosecution to provide the evidence for their grounds.”
He continued, “no such evidence has been provided and the court cannot in its wisdom accept the prosecution’s assertion that my client will interfere with any of the police witnesses because the legislation is clear.”
Francis said that while Augustus’ whereabouts are unknown by the police, it is not proof that Mitchell had any hand in his disappearance.
“The victim could be somewhere; he could be out of state or in Portsmouth, Grand Bay or anywhere around Dominica, but there is no evidence to suggest that the accused man will interfere with the victim wherever he is or anyone whatsoever,” the attorney stated.
He told Magistrate Valarie that stringent measures can be imposed to allay any fears of Mitchell absconding from the law.
“This man has strong ties in Dominica. He is not known to the court for there is no propensity to reoffend; he has a fixed residence; he is a father to a three-year-old and employed at Clear Harbor. There are abundant reasons why bail should be granted,” Francis insisted.
However, Magistrate Valarie in handing down his judgement stated that while the attorney asked for consideration of his client’s liberty, the same consideration should be given to the victim who was allegedly kidnapped.
The Magistrate said that given the nature of the offense, the matter is of great public interest and having considered its seriousness, the court does not find it unreasonable for the prosecution to raise an objection to bail.
“The court must weigh the liberty of the accused versus the liberty of the victim, so for now, bail is denied,” he declared.
The matter was adjourned to March 24, 2022 for preliminary inquiry to determine if there is enough evidence for the case to be tried at the High court.
No one know the story. The police can only assume…
Let’s not forget the young guy from st Joseph that shot the guy at bathestate. He is currently walking free because the POLICE could not find a murder weapon, when they had picture and videos.
But all you deny bail for a hard working young man,, all because all you assume. Where is the evidence?
If I abducted my very own brother, apparently in cahoots with two other likely criminals, and I refused to disclose where he is, alive or dead, why should any court grant bail to such a person?
For all one know the abducted could be already dead and left to rotten somewhere.
Concerned Dominica doe even know what he posting,”man jump in sea”typical UWP monkey hear monkey say.LANG BEFF.
Joshua Francis really is a wicked man and not even speaking politics gotta be dumb and wicked to even be defending this but am not surprised they are both the type of liers people saw and heard this guy with his own mouth always believing he in some movie it’s sad that his own brother had to succumb to his mental issue always speaking violence in community and in work but monkey know what tree to climb cause he was not fooling anybody but himself
That’s something else let them find the boy that’s wickedness all u chap the boy an put him in all u trunk now the wicked lawyer askin for bail jah an Talkin about evidence of course it have evidence all u need to let Dominica stop be lawless
So is one set prison looking like.. When them fellas cuz the man to jump in the sea and die they were given bail but a hard working young man with no evidence is penalized..very sad
Now people even kidnapping people in Dominica? Even a brother? So every time top officials do something people are using it as a license to do the same thing then? Just earlier this year I heard Choksi saying he was allegedly kidnapped by some top Dominicans and people used that as a motivation to go kidnap their brother too? Similarly since after Skerrit said no law or constitution could stop him from doing what he wants, many Dominicans were motivated todo what they wanted too.
Well based on the trend just now some will just not pay their loans because they we all heard crazy T said he is not paying his government loan because he creating employment. I am going to employ two trade men to build my garage and don’t pay the loan because I created employment for the two men
Meanwhile has anyone been charged for the alleged kidnapping of Mehul Choksi?
Absolutely no connection here so this makes your comment asinine.
Oh really? When head of country is named in alledged kidnapping and the citizens follow its not related?
Sikiri on all nonsense
Everything is politics. Looonggg stuuuupes. That is why I am not in all you rubbish