Marvin Thador v The Commissioner of Police

• Jurisdiction: Bahamas
• Judge: Sir Michael Barnett,Mr Justice Jones, JA,Mr Justice Evans, JA
• Judgment Date: 27 September 2022
• Neutral Citation: BS 2022 CA 132
• Docket Number: MCCrApp & CAIS No. 80 of 2022
• Court: Court of Appeal (Bahamas)
• Year: 2022

Marvin Thador

Appellant

and

The Commissioner of Police

Respondent (Substantive Appeal)

Before:

The Hon Sir Michael Barnett, President, Kt

The Hon Mr Justice Jones, JA

The Hon Mr Justice Evans, JA

MCCrApp & CAIS No. 80 of 2022

IN THE COURT OF APPEAL

Mr Damien White, Counsel for Appellant

Ms Linda Evans, Counsel for Respondent

1 The oral judgment of the court was delivered by The Hon Sir Michael Barnett, P, Kt:

2 This matter was first set for hearing on 19th July, 2022. At that time the court was ready to proceed with the hearing, but an adjournment was requested by the appellant's attorney because he was not in possession of the transcript of the trial in the magistrate's court. The court at that stage reluctantly acceded to the request for an adjournment and fixed today's date for the hearing of the appeal.

3 Mr. Damien White now appears for the appellant and has asked for a further adjournment in this matter. We are not prepared to grant an adjournment. This is a short matter. It has been fixed already for hearing, and lawyers and parties must be prepared to proceed on the date fixed for hearing. No submissions have been provided to the court, notwithstanding the fact that this matter was first scheduled to be heard on 19th July, 2022.

4 We have drawn counsel's attention to the ruling of the magistrate, and, in particular, the magistrate's ruling on page 10, where the magistrate says:

“The Court accepts the testimony of the arresting Officers that at the time the firearm and ammunitions were found in the defendant's vehicle, he admitted ownership of them by saying to them that the firearm is a 40, it belongs to him, he is a man of the streets and that the other male arrested along with him had nothing to do with the firearm and ammunitions found in his vehicle.”

5 We drew this to the attention of counsel for the appellant and inquired, having regard to that finding by the magistrate, is there any basis upon which we as an appellate court could set aside the magistrate's decision to convict the appellant. Counsel recognised the challenge of that paragraph in the ruling and did not seek to suggest that there was some basis upon which this court could set aside the conviction having regard to that finding.

6 We are satisfied that this is a hopeless appeal. It cannot succeed. There is no basis for granting a further adjournment. In the circumstances, the appeal is dismissed and the convictions and...