Two Christ Church men made their first appearance before the Oistins Magistrates’ Court today, jointly charged with wounding another man.
However, while one was granted bail, the other was remanded to prison after their two separate attorneys pleaded with the court for their release.
Tyrone Junior Boyce, 18, of Rollins Road, and Andre Omar Lyte, 34, of #2 Bournes Land, are accused of wounding Kevin Daniel with intent to maim, disfigure or disable him on December 1.
Boyce, who was represented by attorney Angella Mitchell-Gittens, and Lyte, who had Damien Sands as his legal counsel, were not required to plead to the indictable charge.
Police prosecutor Sergeant Rudolph Burnett objected to the two being granted bail, on the grounds that a firearm was allegedly used in the matter and had not yet been recovered.
The prosecutor added that the accused lived close to the complainant and there was a fear that “if they are allowed to go back, something even more serious may result from that environment”.
In Boyce’s case, the Crown’s representative argued that the accused man “only on Tuesday came to this court in relation to another serious matter” and was granted bail.
However, in her submission, Mitchell-Gittens argued that the fact that an alleged firearm had not been found was a “weakness in the Crown’s case.”
“Investigations were carried out and a single charge was proffered. He was not even charged for a firearm,” the attorney said, adding that Boyce’s “presence or absence cannot prevent the police from doing what they have to do”.
The criminal lawyer also argued that while it could not be denied that Boyce was already on bail, “no evidence has been led in respect of that case”, and she further urged the court to “examine the passage of time between the two allegations.”
Mitchell-Gittens also posited that her client had no previous convictions, despite the pending matter, and was, in fact, a good candidate for bail.
However, Acting Magistrate Alliston Seale denied her application.
“[Mr Boyce] you found yourself in a precarious situation . . . [and I am] concerned especially . . . that both [your] matters involved several persons. You must be a leader not a follower,” he said as he remanded Boyce into custody until December 30.
Sands, meanwhile, argued that Lyte had no previous convictions or pending matters before the court.
He noted that his client cooperated with police and, if granted bail, he could live with his mother in another community to allay the court’s fears about his proximity to the complainant.
“Sir, a word to the wise is enough,” Seale told Lyte as he granted him bail in the sum of $15,000 with one surety.
However, his freedom came with some conditions. He must report to the Oistins Police Station every Monday, Thursday and Saturday before 9 a.m., with valid identification. Lyte was also warned not to leave the country or apply for any travel document or passport without first seeking permission from the Oistins Court.
He also returns to court on December 30.