They are Winston Decourcey White, 57, a carpenter of Vauxhall, Christ Church, Allan Ricardo Gaillard, 43, also a carpenter and residing at Rollins Road, Goodland, Christ Church and Uriah Tafari Dallaway, 34, a taxi driver of Rock Hall, St Philip.
The three were not required to plead to the indictable charges of possession of cannabis, trafficking the drug, importing it and intent to supply within the territorial waters of Barbados on October 25.
Objecting to bail, Station Sergeant Neville Watson told Magistrate Douglas Frederick that all three accused had antecedents, “numerous antecedents, Sir, some of which include the possession of narcotics.”
Watson also felt that if granted bail “at this time,” considering the “antecedents and quantum of the substance which has been confiscated, it is believed there would be the subject of further allegations.”
The prosecutor added that if the three men were to be found guilty, based on the sentence they are likely to get, they might not return to court if granted bail.
Gaillard is already on bail for a similar matter, Watson said.
Attorney-at-law Lesley Cargill said it was not in dispute that Dallaway, her client, has previous convictions for drugs but while that was so, the court was also obligated to look at the accused’s record of attendance and whether he had adhered to bail conditions.
She submitted there was nothing to show that Dallaway would abscond and “not await justice in this matter.” The lawyer further submitted that bail does “not concern itself with guilt or innocence but whether the accused will attend court.”
Cargill told the court that her client is the main caregiver of his four children and, along with his mother, operates a shop from their home. “So he is not some idle fellow liming on the block with nothing to do.”
Cargill added that Dallaway has no pending matters and asked the court to “look at the hardship his family will now suffer” if he is incarcerated.
Safiya Moore, attorney for Gaillard, urged the court to note that her client’s priors were old. She also said that the need for society to be protected from Gaillard should never arise since “he is presumed to be innocent.”
She told the court that her client is well aware of the consequences of missing court and has therefore always showed up for his matters. She therefore urged Magistrate Frederick not to remand Gaillard, a father of five, but to impose whatever strict reporting conditions he felt were needed for Gaillard, or alternatively, make his bail commensurate with the allegations.
Explaining that three of the accused’s children were minors, Moore said that “the hardship to his family and those children would be grave, I submit. This is not a man who would just get up and leave the jurisdiction, leaving five children and a wife behind.” She also informed the court that Gaillard never absconded in any of his previous matters so “why now?”
White, who was unrepresented, said his last charge was in 2004 and he has no convictions to date. He spoke of always being present when his matter, which is yet to be adjudicated, is called at the High Court.
“You could ask Ms. Gittens (attorney-at-law Angella Mitchell-Gittens), she could tell you,” White stressed.
The attorney vouched for him in that other matter and explained that even though the matter is still “in the system”, it has not been called in over four years.
Magistrate Frederick’s concerns were with the alleged quantum of weed involved and the fact that unlike the High Court, the Magistrates’ Courts did not have the facilities to keep any documents which sureties might produce.
Frederick explained that since “the quantum was high, the tariff would be high.” He therefore felt that the accused would be better served by applying to the High Court for bail where proposed sureties can be thoroughly examined, their documents properly secured and handed back to them once the case was concluded.