Arguments by defence attorney Ajamu Boardi that a robbery charge against his 37-year-old client was “weak and strange” were not enough to keep him off the remand block at Dodds.
Rommel Tyson Oneal Babb, a porter from Neils Road, Haggatt Hall, St Michael was sent to the St Philip facility on Wednesday after Chief Magistrate Ian Weekes said he had “a lot of concerns” about the case.
Babb appeared before the District ‘A’ Magistrates’ Court and denied robbing Jaria Payne of a bag and its contents, with an approximate value of $310, on July 29.
Station Sergeant Crishna Graham objected to Babb being granted bail, based on the nature and seriousness of the charge against him.
“The prosecution is contending that this offence was allegedly committed with the use of a firearm; therefore, we are saying that there is a need to protect society from this accused,” the police prosecutor submitted.
She argued that despite the fact that Babb was not known to the court, “this offence is at the higher echelons of criminal intent”.
But Boardi countered that argument, saying that despite the prosecutor’s contention that a gun was used, “there is no use of firearm charge before the court”.
He continued: “The case, I would respectfully submit, is particularly weak and strange. This is a robbery that is alleged to have been committed in front of Mr Babb’s home. Police came on the scene, he was sitting talking to his girlfriend . . . [saw] the police lights and goes down to see what is going on in front of his property. The police ask ‘is this the man?’ and the lady says ‘yes’.
“This is a lady under distress who would have been traumatised. This thing recently happened in the dark and the only thing really to go on, from my instructions, from what my client heard from the police is that the person was bareback. He was also bareback because he is at home. It was said that the person was wearing a red boxer; he was wearing a black and orange boxer.”
Boardi further submitted that his client “checked all the boxes” in terms of being a candidate for bail as he was not known to the law courts and there was no reason to suggest he would commit another offence.
“No reason to think that a person who has always been of good character would fail to appear in court if ordered to do so. The allegation is that [the robbery] happened shortly before he appeared, but yet you would think you would find some sort of item in his home or on his person. No gun recovered on the search, none of the items mentioned, and it is such a short distance away.
“I would submit [that there is] every possibility that this matter would go nowhere, so it would be a tragedy for this hardworking man . . . to lose his job . . . only to hear later on . . . ‘you are free to go’ after his life has been ruined . . . . [He is] a person who has been 37 years of good character,” the defence attorney argued.
He added that any of the court’s “lingering concerns” could be addressed with the imposition of bail conditions, including a curfew and requirement to report to a police station.
After weighing the arguments from both sides, Chief Magistrate Weekes contended that the matter before the court was “a very serious charge”.
“I agree with you that there should be some kind of charge in relation to use of a firearm – there is none – but this is a very serious allegation…. At this point, I have a lot of concerns,” Weekes said before remanding Babb to prison until August 30.
