Surety ordered to pay $20,000 after accused failed to appear in court

An 85-year-old woman from a Northern community in Dominica was ordered to pay $20,000 to the court forthwith as a man charged with Unlawful Sexual Intercourse failed to appear in court to answer to the charge.

The woman, who stood as surety (a person who comes to court and promises to a Judge or a Magistrate to supervise an accused person while they are out on bail) on a $20,000 bail for the accused appeared before High Court Judge, Justice Wynante Adrien-Roberts on December 10, 2020, to answer to the court why bail should not be forfeited for the accused.

Since January 10, 2020, the court had made several requests, to no avail, to the surety to have the accused present in court for his trial which was expected to commence on November 16, 2020.

According to the woman, the accused man was studying abroad and could not return because of the COVID-19 pandemic.

“He has not returned because of coronavirus because if he comes back, he would have to stay 14 days in quarantine,” she told the court.

When questioned by State Attorney, Sherma Dalrymple, the woman did, however, reveal that the accused had completed his studies sometime this year and she was uncertain if he had any intention of returning to Dominica.

The woman said she was a pensioner and had no other source of income and she told the court, “this is the last bit of money I had in the bank…but whatever the court says I’ll do.”

Defense Counsel, Anthony Commodore, made no request for time to pay the money hence, the Judge ordered that the payment be made forthwith.

As a result, the court forfeited bail for the accused and a bench warrant is in effect for his arrest.

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15 Comments

  1. latta
    May 9, 2022

    That is very sad and it’s very, very, poor representation by her attorney. She paid him to represent her and he failed her .

  2. latta
    May 9, 2022

    That is very sad and it’s very, very, poor representation by her attorney. She paid him to represent her and he failed her .

  3. Ibo France
    December 16, 2020

    @Nkrumah Kwame

    Your perspective on the article is very narrow (no offence intended), mine very broad.

    I believe, even though I could be completely mistaken, that this very elderly lady was duped in signing bail for this pervert.

    Too many of these people (elderly folk) are taken advantage of because they are too trusting or sympathetic. I believe some authoritative figure should have stepped in, even that person may navel been encroaching beyond his bounds, and advise the elderly lady to seek advice from one of her family members before signing.

    Nkrumah, broaden your perspective.

    • Missie
      December 16, 2020

      You are saying much, but isn’t he innocent first until proven guilty tho?

  4. Nkrumah Kwame
    December 16, 2020

    Let all the emotive language and probably hypocritical expressions of sympathy cease!!
    FACTS: (a). A crime is alleged to have been committed, b.an 85 year old agreed to be surety, c.for over ELEVEN MONTHS the court has attempted to have the accused present, without success; d. the surety on questioning was found to be untruthful, e. the surety has/had a lawyer who ensured/was to ensure that she understood what she was getting into, f. the alleged offence is a serious one affecting those who generally, can’t defend themselves.
    How is the court to proceed??!!
    I hasten to add, that laws can be bad, but it’s the law. Solution? Change the bad laws! The death penalty is on the books, someone is found guilty of an offence requiring the death penalty, we upset.
    Note: laws, in and of themselves, protect no one; neither are they applied equally. We are equal before the law from a procedural standpoint only. Laws are as effective as the one applying it. Democracy implies…

  5. Nkrumah Kwame
    December 15, 2020

    UNRELATED, Ibo!!
    HOTEP!

  6. Da Girl
    December 15, 2020

    Alas poor lady. There should be something within the law which states the criteria for a surety. For example, no retirees over a certain age.

  7. December 15, 2020

    That’s the law and there should be no excuse. She know well
    he would not show up for the trial. I am almost certain that this is not the only one. We should not just take people word of mouth for surety in past you deposit something land title or cash. Now they make it easy and people run to the U.S.A and think that they get away free . Someone should be arrested that will force him to return.

  8. BMB
    December 15, 2020

    It’s so sad that this lady has to pay this money. I pray that when the new Bail Act goes before Parliament for debate soon, some of these offences will come under review. I believe that, If a defendant makes an application to the Court to travel overseas, a cash deposit, twice the amount granted, should be made by him/her, and that the surety be relieved of their responsibility.

  9. Dixie Normas
    December 15, 2020

    lol laughable how he left the state wile on bail???

  10. KAVAL
    December 15, 2020

    I do not know the details of the case and I do not want to know. Lady, at your age, you put your hand in fire for this bum. You sacrifice your hard earned money. I don’t know if he is guilty or not but as you can see, it was not worth it. He has no intention of returning and now you on the hook. Well….. I thought older people were smarter.

  11. December 15, 2020

    Make her pay twice of the amount for wasting the court time. These are the people who will do anything to cover-up others who commit these crimes. She agreed to come as a senior citizen with the hope that the court will have mercy on her and this is a strategy that was used by the younger family members. Where in the USA is this accused living. His neighbors should know there is a sexual predator in the neighborhood. And what excuse is that about coronavirus. People are travelling. NO excuse. He should have been present. But I guess old mammy want to cry about her last penny. Let her cry. The victim cried and is still crying.

  12. Watching
    December 15, 2020

    Poor.lady.cannot enjoy her.pemsion savings. Never trust them when they do their crime. Alas poor grannma didn’t c that coming

  13. Bwa-Banday
    December 14, 2020

    Great job your honor…..hold them accountable. Too many relatives make OLD people sign bail and run believing that the court cannot make them pay because of age. Now wherever he is, he will have to send the old lady money for her because he will get boouche/ blight and lost plenty sleep because he knows INTERPOL may come knocking anytime. Not only that, north have a lot of soucouyant that fly far far far…. :mrgreen: :mrgreen: :mrgreen: .Garson I just love this judge! She is tough, thoughtful, honest and even across the board.

  14. Ibo France
    December 14, 2020

    This is what the world has come to at present. Our two most vulnerable groups, the children and the elderly, are preyed upon without mercy.

    Our children are often subjected to verbal, physical and sexual abuses while our elderly persons become victims of physical abuse, neglect, abandonment and financial exploitation.

    The government, police, social workers and the average man and woman have to do much more to safeguard these two ‘endangered’ groups of citizens.

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