Remand for two

Two St Michael men were remanded to HMP Dodds today despite successful bail applications by their attorneys-at-law.

They are: 49-year-old Robert Dacosta Walker, of No. 36 Seclusion Gardens, Black Rock and 29-year-old Corey Athelbert Lynch of Small Land, Bridge Gap.

Both unemployed men were each offered bail in the sum of $50,000 but up to the end of the day’s sitting they had no suitable sureties to sign on their behalf.

They are charged with obtaining $4,089.75 worth of diesel from ANSR Investments Limited on April 30 via a forged CIBC FirstCaribbean International Bank (Barbados) cheque made payable to the company and drawn on the account of Sunset Point knowing it to be forged.

They are also charged with obtaining $40, 469. 36 worth of building materials and hardware items from the Liquidation Centre via a forged Republic Bank (Barbados) cheque made payable to Furniture Limited on May 10. The accused were not required to plea to the indictable charges.

Walker is separately charged with stealing $400 cash on April 14 belonging to Ryan Jefferies. He pleaded not guilty to that offence.

Lynch is also facing several separate charges including uttering a forged CIBC FirstCaribbean cheque to Wildey Service Station Limited in the amount of $123. 80 drawn on the account of MGG Trading Limited as well as obtaining $123.80 in gasoline and forging the cheque on May 15.

He is further accused of forging and uttering a cheque to ANSR Investment Limited for the sum of $4, 089. 75 drawn on the account of Sunset Point. He was not required to plea to the indictable charges as well a that of uttering the forge cheque which was paid to Furniture Limited.

Lynch entered a not guilty plea to the charge that he dishonestly obtained from Travel Safe Car Rentals Inc a motorcar by deception by representing that the licence bearing the name Kyle Davison Lorde was a genuine document issued by the Barbados Licensing Authority on May 13. He also pleaded not guilty to the April 17 charge that he allegedly took a motorcar for his use without lawful consent of the owner.

He is also facing two charges in the District ‘E’ Holetown jurisdiction and will appear in that court on May 30 to answer charges that he had a blank CIBC FirstCaribbean International Bank (Barbados) Limited cheque in his possession on May 16 drawn on the account of MGG Trading Limited for use in connection with criminal deception when he was not at his home. He is further accused of driving a hired vehicle about 8:30 p.m. on Risk Road, St James on the same date when he was not the holder of a driver’s licence. No pleas were taken for those two charges.

Officer Kenmore Phillips objected to bail for the accused pointing to the “high level of deception” used to perpetrate the alleged offences, the nature and seriousness of the offences as well as for society’s protection and that of accused.

The prosecutor also stated that both men were already on bail on similar charges and that the new charges occurred in two jurisdictions and over several days.

“If granted bail they are likely to reoffend,” the police constable said.

However, Angela Mitchell-Gittens who is Lynch’s legal counsel contended that her client’s pending charges before the court should not infringe on his pretrial liberty as it was “through no fault of his own” that those charges had not advanced. Regarding the perceived deception, she asked Magistrate Kristie Cuffy-Sargeant not to rely on the submission as the charges before the District ‘A’ Magistrates’ Court were mere allegations at this time and the issue of deception only comes at the sentencing stage.

The attorney also said that the prosecutor’s reference to protecting society does not hold any weight in the circumstances.

“Is he such a dangerous man . . . with a pen?” the attorney asked, adding that her client was a proper candidate for bail as he had kept his court dates on previous occasions.

Walker’s attorney Shadia Simpson echoed Mitchell-Gittens submissions but pointed out that while her client had pending matters, in his case, the new charges before the court were only in one jurisdiction.

“There is no evidence before the court to the objection of protection of society as they were not offences where violence was used,” Simpson stated as she pointed out that Walker was a father of five. She revealed that her client was pleading with the court to grant him his pretrial liberty so he could continue taking care of his children including his youngest who is autistic.

After considering the submissions the magistrate ruled in favour of the defence and offered the accused $50,000 bail each with supporting documents.

However, they were not able to present the sureties to the No. 2 District ‘A’ Magistrates’ Court and were remanded to Dodds until June 25.