Businessman Zubair Akoojee who operates Premier Wholesale, has been warned to keep his establishment closed.
And to demonstrate the seriousness of the warning Chief Magistrate Ian Weekes made the condition part of the businessman’s $10 000 bail.
The 31-year-old, of Whitepark Road, St Michael appeared in the No. 1 District ‘A” Magistrates’ Court this morning charged with contravening Paragraph (3) sub-paragraph (1) Clause (v) of the Emergency Management (COVID-19) (CURFEW) (No.3) Directive 2021 which requires every person to observe physical distancing and associated protocols in the interest of public health.
It is alleged that Akoojee, the owner of a non-essential service closed under the directive, failed to close his business Premier Wholesale yesterday – February 8.
The accused, who is represented by attorney-at-law Romain Marshall, pleaded not guilty to the charge.
The Crown had no objection to bail.
However, the prosecutor Victoria Taitt in making a submission asked the court to “warn” the accused to adhere to the protocols by keeping his business closed.
That submission caused defence counsel to rise to his feet on the grounds that his client had not pleaded guilty and as such the court does not need to advise him.
But Chief Magistrate Weekes said he believed the court had an obligation to do so under the circumstances.
The prosecutor then explained the reason for her submission.
Taitt said, “The reason why we are asking the court to advise the accused to remain closed is that he has had warnings before and we believe this next warning should come through the court seeing that information has reached the prosecution that he was opened again this morning. We believe that the court definitely needs to warn the accused now to adhere to the protocols.”
In addressing the submission Chief Magistrate Weekes explained that it was being alleged that apart from the charge presently before the court, Akoojee was “doing as he likes” and any court should properly advise him that his is “a grave charge” and that he should be “properly guided that we are not playing”.
He made it clear that the accused was entitled to defend himself.
“Let it be understood, that is a very serious thing going forward. It is not as though you are on a backstreet, everybody could see the place.
“So, sir you are hereby warned because you will be admitted to bail. You are warned to keep the premises closed! That is the condition of bail,” the judicial officer said.
“This is a serious time that we are in, with a serious allegation.”
Akoojee was then granted $10 000 bail which he secured with one surety.
The case against the accused will continue before the court on July 27.
