Chief Magistrate Margaret Ramsay-Hale set Monday, 5 January, as the date of a preliminary inquiry for Robert Kent Ebanks, who is charged with three counts of rape in which the alleged victim is five years old.
Defence Attorney Lloyd Samson applied for bail on Tuesday, but Crown Counsel Tricia Hutchinson objected because information was still being followed up.
Mr. Samson said he would have thought the matter could be expedited because of the tender age of the girl and because of threats which were putting his client in danger.
He told the court Ebanks was devastated by the situation caused by such despicable allegations. He said the charges were categorically denied and the matter would be contested.
Ebanks, 52, came from a respected family, members of which were willing to stand surety for him, the attorney advised. Ebanks himself had been cooperative with police and would comply with whatever conditions of bail the court would impose.
The nature of the charges requires that they be heard in Grand Court, which meant that a trial could not take place until well into next year, Mr. Samson said.
The magistrate refused bail. ‘I would rather err on the side of caution,’ she explained, suggesting that Mr. Samson could appeal her decision in the Grand Court.
Marden Hernandez Kirkconnell, 26, also appeared in court on Tuesday, but the one charge against him was set for mention again on Thursday because his attorney, Mr. Edward Renvoize, was in a Grand Court trial.
Kirkconnell and Ebanks, whose names were released to the media by police, made their first appearance for this matter together (Caymanian Compass, 28 October).
At that time, Mr. Renvoize pointed out the men were accused of abusing the same child, but the charges showed different time frames. The men were charged separately and appeared together that day only for convenience.
The 5 January PI date would allow the matter to proceed to Grand Court in the new session if the magistrate conducting the inquiry considers that the evidence is sufficient to put the accused on trial.
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