Personal bail is not usually granted to murder accused but in a case where a man has been on remand for five years without being indicted, a High Court judge believes “if it has to happen it may happen”.
Justice Randall Worrell made the statement while sitting in the case of Darian Ronald Nurse today.
Nurse, of Strafford Hill, Pinelands, St Michael was appearing in the virtual sitting of the No. 2 Supreme Court charged with the May 12, 2016 murder of Scherno Rose, who was shot dead in an alleged drive-by, as he gathered with others at a shop in the area of Neil’s Tenantry, St Michael. Nurse is charged along with Shaquille Deshone Maynard, of Block D, North Close, Wildey, St Michael; Rackeem “Rats” Shaquille Alleyne, of Golden Rock, the Pine, St Michael and Keshawn Leroy David Greene of Shepton Lane, Pinelands, St Michael.
Nurse and Maynard were 21 at the time of his remand in 2016, while Greene was 16 and Alleyne was 22.
Nurse told the court that May 23 this year would be five calendar years he was on remand at Her Majesty’s Prisons Dodds.
His lawyer, Lalu Hanuman expressed his dismay at the conduct of the matter which he said “had been dragging for quite a while”. The lawyer and social activist said his client made eight appearances before the court and on each occasion he was left awaiting indictment documents from the prosecution outlining a criminal accusation.
He called on the prosecution to have the relevant documents available on the next occasion.
Hanuman also told the court that Nurse has already been granted bail but has failed to secure a surety to meet the bail sum. Some of the other accused have also been granted bail.
“[We] don’t want to start giving personal bail in these types of matters but if it has to happen it may happen,”
Justice Worrell said.
The High Court judge told the prosecution to get the documents ready in preparation for the “proper” re-opening of court which has been impacted by te COVID-19 pandemic.
Recent delays have also occurred due to the impact of the La Soufriere volcanic eruptions.
The matter has now been adjourned until May 12. (TS)