Don O’Neal Smith, 44, was before Magistrate Kristie Cuffy-Sargeant in the District ‘A’ Magistrates’ Court, where he denied assaulting his ex-girlfriend Kenya Springer and occasioning her actual bodily harm on Tuesday.
The objections which police prosecutor, Sergeant Janice Ifill, raised against Smith being granted bail, included the fact that the 19-year-old complainant had expressed fear of him.
The prosecutor argued, therefore, that if the court released Smith on bail, he might interfere with the teen.
Ifill also told the court that the complainant was now at a location unknown to the accused. The complainant had also made reports to the police about Smith before this latest incident but had dropped the matters subsequently.
Ifill also pointed to Smith’s previous convictions.
“Even though he has the right to bail, the question would be if his right overrides that of the complainant. At this time, we say no and are asking that the accused be remanded,” Sergeant Ifill contended.
Smith’s attorney, Mohia Ma’at, said that his client had been gainfully employed as a taxi-driver for the past 15 years. He also said that the complainant’s age “does not relate to any part to the Bail Act” and had nothing to do with the matter at hand.
Ma’at pointed out to the court that the complainant herself had decided to discontinue that last matter and, more so, the couple had continued living together at Kingsland, Christ Church afterwards.
That was not the case on this occasion since the woman had already moved out, the attorney said, thereby minimising any potential for further allegations.
Regarding previous convictions, Ma’at said that Smith’s last one was 15 years ago and it would be pointless “to remand an accused where the situation has dispelled itself” since Smith did not know where the woman was.
Bail was denied and Smith remanded until December 17.