Bail denied in wounding case

David Wayne Smith, 26, was remanded in custody after a bail hearing on Tuesday. He is accused of unlawfully wounding Andrew Powery, 27, with intent to cause him grievous bodily harm on Friday night, 28 June. 

The incident leading to the charge occurred in the parking lot of the Cotton Club night club on Shedden Road in George Town. 

Crown Counsel Marilyn Brandt objected to bail. She described the wounding as an unprovoked attack, with Smith allegedly slapping Mr. Powery in the face with a bottle; the bottle smashed. Smith then allegedly pelted the complainant with other bottles. 

Ms Brandt said Mr. Powery was bleeding profusely. As he was retreating across the road, he was hit by a vehicle. 

The two men were known to each other, Ms Brandt indicated. 

She told Magistrate Valdis Foldats that no bail conditions would suffice because Smith was on bail already. 

Attorney Keva Reid pointed out that Smith has a clean record. She agreed there was a charge against him for a previous incident, but that arose because he had tried to part a fight. He has already pleaded not guilty to that charge and a trial date has been set, she advised. 

As to the present charge, Ms Reid said both the complainant and defendant had been drinking. There was bad blood between them, involving a girl, and Smith said Mr. Powery approached him on two occasions that night. 

The attorney said Smith further stated that Mr. Powery went and got a weapon and was coming back when he was hit by a vehicle. She pointed out that Smith went to the police station to report what had happened and was 
frank with officers. 

Ms Reid said stringent conditions could be put in place, such as residence, curfew and a cash surety. 

The magistrate said her submissions would have had more force if Smith had not been on bail already. He cited other reasons for denying bail, but pointed out that the defendant would have a further opportunity to apply when the matter reaches Grand Court. 

Wounding with intent is a charge that is transmitted automatically to the higher court, so the magistrate directed that Smith appear there on Friday, 12 July. 

Cayman Islands Courthouse - palm tree

The Law Courts Building in downtown George Town. – Photo: File