Strong arguments by attorney-at-law Mohia Ma’at that the grounds put forward against bail are “all without merit” were not enough to keep his client from spending 28 days on remand.
The submissions, came after Dhanpaul Dudhnauth, a 48-year-old farmer, from Industry Hall, St Philip was not required to enter a plea to the indictable charge that he indecently assaulted a minor. The accused, who is a Guyana native and has been living here for the last 26 years is alleged to have committed the criminal act on May 9.
Prosecutor, police constable Victoria Taitt put forward the serious nature of the offence as the main ground for her objections against bail stating that the child allegedly involved was six years old. That minor, she submitted, needed protection from the accused.
Constable Taitt added that there was a likelihood that the accused may re-offend if granted bail.
However, Ma’at stated that his client was a good candidate for bail as he had never been before the law courts of Barbados and was a father of two.
“He has been here since 1992 and has never been charged . . . walks the straight and narrow . . . and as it stands now the allegation before the court is just that, an allegation,” Ma’at told Magistrate Kristie Cuffy-Sargeant.
The defence attorney disclosed that Dudhnauth had surrendered himself to the police after getting a phone call.
“Yes, it is a serious offence . . . but this matter is in the District ‘A’ jurisdiction and the accused resides deep in St Philip,” said Ma’at who argued that the chances that the two parties would cross paths were unlikely.
“The likelihood of any interaction between the minor, father or mother is virtually non-existent given the proximity. He is in the east and she is in the west, so interference is null and void.
“The likelihood that he will re-offend has no merit. He has not reoffended, he has been charged. He received immigration status, he would not have gotten that if he had [a record], so that is a testimony to his character,” Ma’at said.
“The grounds put forward are all without merit,” the attorney added as he urged to court to grant bail with any conditions it saw fit.
That application was denied and the accused was remanded to return before the No. 2 District ‘A’ Magistrates’ Court on October 9.