Bartholomew Pinder v The Queen
| Jurisdiction | Bahamas |
| Judge | Sir Michael Barnett |
| Judgment Date | 11 February 2021 |
| Neutral Citation | BS 2021 CA 16 |
| Date | 11 February 2021 |
| Docket Number | SCCrApp No. 94 of 2020 |
| Court | Court of Appeal (Bahamas) |
IN THE COURT OF APPEAL
The Honourable Sir Michael Barnett, P
The Honourable Mr. Justice Roy Jones, JA
The Honourable Mr. Justice Milton Evans, JA
SCCrApp No. 94 of 2020
Mr. Geoffrey Farquharson, Counsel for the Appellant
Ms. Zoe Gibson-Bowleg with Mr. Rodger Thompson, Counsel for the Respondent
Attorney General v. Bradley Ferguson, et al SCCrApp. No.'s 57, 106, 108, 116 of 2008 followed
Toni Sweeting v Commissioner of Police MCCrApp No. 133 of 2013 considered
Pritam Kaur v Russell & Co [1973] 2 WLR 147 considered
R v Culley [2007] EWHC 109 (Admin) considered
DPP v McLoughlin [2009] IESC 65 considered
Vickers v DPP [2010] 1 IR 548 considered
Huey Gowdie v R [2012] JMCA Crim considered
Criminal Appeal — Bail — Revocation of Bail — Bail Act — Hearsay evidence in bail hearings — Whether there was inadmissible evidence in the bail hearing — Whether the judge had jurisdiction to revoke bail — Whether the conditions imposed were unconstitutional
The appellant was charged with various offences including murder and offences under the Dangerous Drugs Act and was granted bail by the Supreme Court. One of the conditions of his bail was that he surrender all his travel documents until the completion of the case. He was later convicted in the Magistrates Court of the offences under the Dangerous Drugs Act and appealed that conviction. His bail continued pending that appeal. Whilst still on bail the appellant was arrested in another Country and when he returned to Bahamas he was arrested and brought to the Supreme Court on summons. The judge revoked the bail of the appellant and had him remanded into custody. The revocation of bail is the basis for this appeal.
Held: appeal is dismissed.
There is ample jurisdiction in a judge of the Supreme Court to revoke bail granted by that court. The fact that section 12 was recited in the summons is inconsequential. If the issue of jurisdiction had been raised by the appellant before the Justice he could have readily granted leave to the Crown to amend the summons to refer to the courts inherent jurisdiction.
It has been accepted for years that the strict rules of evidence do not apply to bail applications and that hearsay evidence may be relied upon. Reliance upon hearsay evidence, although permitted, should not be the norm in bail applications, particularly when direct evidence is readily available.
Judgment delivered by The Honourable Sir Michael Barnett, P:
This is an appeal against the decision of Turner J revoking the appellant's bail and remanding the appellant into custody.
The appellant was charged with various offences including murder and offences under the Dangerous Drugs Act.
On the 16 November, 2017 he was granted bail by the Supreme Court in the amount of $20,000.00 with two sureties. There were other conditions attached to the bail. They were:
“a. That the Respondent is to report to Wulff Road Police Station every Monday, Wednesday and Friday before 6pm.
b. That the Respondent is to surrender all travel documents to the Court until the completion of this matter
c. That a breach of any of the conditions renders the Respondent liable to further remand.”
The appellant was subsequently convicted in the Magistrates Court of the offences under the Dangerous Drugs Act. He appealed his conviction and his bail continued pending the appeal.
In June 2020 the appellant was arrested in Kingston Jamaica. Upon his return to Nassau was arrested. It is not clear the basis for the arrest. In his Ruling, Turner J notes that the arrest was “for breach of a Supreme Court order”. This is what Sgt. Fowler said in his report attached to the affidavit of Insp. Monique Turnquest.
The appellant was brought before Turner J, pursuant to a summons dated 10 August, 2020. The Summons was in the following terms:
“on the hearing of an application for the revocation of bail under section 12 of the Bail Act”.
The summons was supported by two affidavits of Monique Turnquest.
The affidavits were in the following terms:
“I, W/lnspector Monique Turnquest, of the Southern District of the lsland of New Providence, one of the lslands of the Commonwealth of The Bahamas, being duly sworn, make oath and say as follows:
1. That I am an Officer of the Royal Bahamas' Police Force attached to the Court Liaison Section of The Office of the Director of Public Prosecutions and l am duly authorized to make this Affidavit on behalf of the Attorney General from my own knowledge and from information received by me in my capacity aforesaid.
2. That this Affidavit is made in support of an application for the revocation of the Respondent's bail.
3. That the Respondent was charged with the following offences:
a. One (1) count of Possession of Dangerous Drugs with lntent to Supply contrary to Section 22(1) of the Dangerous Drugs Act, Chapter 228.
b. One (1) count of Conspiracy to Possess Dangerous Drugs with lntent to Supply contrary to Section 22(1) of the Dangerous Drugs Act, Chapter 228.
4. That the Respondent was granted bail by the Supreme Court on November 16, 2O17 in the amount of Twenty Thousand Dollars ($20,000) with one (1) or two (2) sureties.
5. That the conditions of his bail were as follows:
a. That the Respondent is to report to Wulff Road Police Station every Monday, Wednesday and Friday before 6pm.
b. That the Respondent is to surrender all travel documents to the Court until the completion of this matter
c. That a breach of any of the conditions renders the Respondent liable to further remand.
A copy of the Bail Bond is attached and marked as “MT 1”
6. That the Respondent's suretors are Sabrina Neymour and Sandy Salomie Bethel.
7. That the Respondent signed the Bail Bond agreeing to comply with all the conditions listed on his Bail Bond.
8. That the Respondent was found guilty of the charges listed in paragraph 3 above in the Magistrates' Court of the Commonwealth of The Bahamas. That the Respondent was sentenced to four years in prison on each count to run concurrently.
9. That subsequently, the Respondent may have lodged an Appeal with the Court of Appeal. His bail was to continue with the conditions listed in paragraph 5 above.
10. That the Respondent did surrender his travel documents.
11. That information given to me from Chief Superintendent Walter Evans, the Officer in Charge of the Wulff Road Police Station, confirms that the Applicant has not been compliant with the said reporting condition. That the Applicant has not signed in at the Wulff Road Police Station since June 25, 2018.
12. That the Respondent was arrested in Kingston, Jamaica in June 2020 and subsequently charged in the Magistrates Court. On July 1, 2020 he paid a fine of Five Thousand Dollars ($5000.00) to the Government of Jamaica at the Magistrates; Court. A copy of the receipt of payment is attached and marked as “MT 2”. On August 7, 2020, the Respondent travelled from Kingston, Jamaica to Nassau, Bahamas on Caribbean Air Flight BW114. A copy of the boarding pass of the Respondent is attached and marked “MT 2” and a copy of the manifest of Caribbean Air Flight BW114 is attached and marked ‘MT 3”. The Respondent was further arrested on August 7, 2020 at the Lynden Pindling lnternational Airport by D/Sgt 829 Ray Fowler who arrested and cautioned him upon arrival of Caribbean Air Flight 8W114 which departed Kingston, Jamaica for Nassau, Bahamas. A copy of the report of D/Sgt 829 Ray Fowler is attached and marked as “MT 4.”
13. That the Respondent for the above reasons did not comply with the conditions imposed by this Honourable Court and in the circumstances bail should be revoked.
14. That the contents of this Affidavit are true to the best of my knowledge, information and belief.”
The report of Sgt. Fowler's which was exhibited to that affidavit was in the following terms:
“On Friday 7th August 2020 at about 2:00pm while on duty at DEU office l received certain information. Acting on the information I along with Cpl. 3351 Wright and other officers went to the Sir Lynden Pindling International Airport to wait on the arrival of Caribbean Air Flight #BW114 from Kingston Jamaica to Nassau which arrived around 3:00pm today's date. While at the arrival gate # B29 I met a male passenger known to me as Bartholomew Pinder around 3:10pm today's date who disembarked the aircraft. I identified myself via my police warrant card and informed him that a search of his person would be conducted reference to dangerous drugs and firearms. Same was done with negative results to anything illegal being found. I then arrested and cautioned Bartholomew Pinder reference to breach of a Supreme Court order which I had in my possession. Same was shown to him for him for to read over.
The suspect was transported to Bahamas Immigration for processing, then to the nursing station where he was tested for Covid-19. Upon completion of the mentioned steps, the suspect was then transported to the Airport Police Station where he was booked in, then transported to The Drug Enforcement Unit where I later handed the suspect over to D/Sgt. 3322 for further processing. All evidence collected in this matter were signed and dated by myself for future identification purpose and also handed over to D/Sgt 3322 Clarke.
While at the Drug Enforcement Unit, the suspect gave his name as Bartholomew Arlington Pinder DOB 5th April, 1979 of Sandy Point, Abaco””
The other affidavit of Insp Turnquest was as follows:
“I, W/lnspector Monique Turnquest,….
2. That I adopt my previous Affidavit made in support of Bail Revocation of the Respondent's bail filed at the Registry of the supreme court of the Commonwealth of The Bahamas on August 10, 2020.
3. That the Applicant was arrested in 2011 and brought...
To continue reading
Request your trial