Defendant is victim, says attorney
In Summary Court on Tuesday, Chief Magistrate
Margaret Ramsay-Hale rejected a bail application made by Attorney Lloyd Samson on behalf of a male, 16, who is charged with murder.
Because of his age, the defendant
will not be named.
He is accused of murdering Marcos
Mauricio Gauman Duran who
shot and killed in Maliwanas Way,
West Bay, on Thursday, 11 March.
teenager was arrested on Thursday, 8 April, and charged on Monday morning, 12
afterwards, he was taken to court. He walked with crutches and two bone screws protruded
from his lower leg, which was partially bandaged.
Crown Counsel Kenneth Ferguson
objected to bail. He noted that the shooting occurred around 7pm. It was alleged
that the teen went to rob Mr. Duran and the teen himself was shot. His DNA
profile was found at the scene.
Mr. Samson countered that presence
at a crime scene did not amount to proof to the requisite standard that the
person present committed any crime.
When the bail application continued
on Tuesday, Mr. Samson summarised his position by saying the evidence was
tenuous at best and his client was in fact a victim.
Further, the matter was denied in its entirety.
The adjournment of the bail
application was based on the magistrate’s concern for the defendant’s safety.
Mr. Samson had pointed out that,
because of his age, the teen would be kept at Eagle House. But there were four
inmates there “who pose a real threat and all have previous convictions for violence,” he said.
He was asked to meet with the
officer in the case and name the four inmates. Mr. Samson and the teen’s
parents did so and the result of that meeting was conveyed to the magistrate on
The other basis on which Mr. Samson
applied for bail was the teen’s physical condition. He had three fractures in
his lower leg and had undergone surgery so that bone could be removed from his
hip to replace bone loss in the leg.
Strict physiotherapy was now needed
because the injured leg was wasting away, the attorney reported. There were concerns
about infection and diet. “He is
often in extreme pain and has had to be taken to hospital for pain management
and the dressing of his wound.”
Mr. Samson urged the court to grant
bail with the use of an electronic monitoring device now available.
“Given his condition, he is hardly
mobile and does not pose much of a flight risk,” the attorney pointed out.
Crown Counsel Candia James provided
information to the court on Tuesday, saying Mr. Samson’s fears for his client’s
safety were not well grounded.
“There are arrangements for him to
be housed in isolation as well as for him to receive medical attention for his
injury,” she said.
The magistrate noted the case for
the Crown was one of murder in the course of a robbery, during which three
shots were fired at the deceased. “I think we have to err on the side of
caution,” she said.
Mr. Samson indicated he would take
his application for bail to the Grand
Meanwhile, he asked for a long form
preliminary inquiry date to be set.
The magistrate suggested he wait
for forensic evidence before deciding whether he would have a long or short PI.
She directed that the teen be
brought back to court on 25 May.