Ezekiel Nelson Carter, who is awaiting trial in Summary Court on charges of possession of cocaine with intent to supply, appeared in court Thursday in an attempt to revise his bail conditions.
Mr. Carter, 33, who is scheduled to stand trial on Dec. 17, was initially granted bail on Sept. 10, but then his bail was revoked when he was apprehended on suspicion of another offense while on release.
The court heard on Thursday that the Crown prosecution has requested a DNA test on some of the evidence related to the Dec. 17 trial and that it could take some time to return the results.
Defense attorney Prathna Bodden said Wednesday that she will need time to examine the results of the DNA test once they are revealed. She requested a bail hearing on Wednesday due to the changing circumstances of the case.
It will be difficult, she said, for the case to be heard on schedule due to the DNA report.
“This is justice delayed,” said Ms. Bodden on behalf of her client. “The court can’t accommodate a trial any sooner, and it can’t accommodate a trial any later because of the festive season.”
Crown counsel Emma Hutchinson told the court that Mr. Carter was denied bail by the Grand Court on Nov. 19, and she said that nothing has changed from the date of that decision.
Magistrate Grace Donalds refused to grant Mr. Carter bail and said that if the court needs to set a new trial date for him, then bail conditions can be revisited at that time.
“I really don’t see how I can say there’s been a change in circumstances as of now,” Magistrate Donalds said. “If we get to the trial date and we can’t proceed then, that would be a change in circumstances.”
Mr. Carter is also awaiting trial on separate charges, including damage to property, common assault, cruelty to animals and intentionally causing harassment, alarm or distress. Trial relating to those charges is scheduled for May, but there will be a special measures application heard for it in the new year, on Jan. 17.
Both the prosecution and defense lawyers told the court on Thursday that the second trial may ultimately be moved to an earlier date next year.