The Director of Public Prosecutions v Donald Cox

• Jurisdiction: Bahamas
• Judge: Grant-Thompson, J
• Judgment Date: 24 January 2024
• Docket Number: 2020 CRI/bal/00539
• Court: Supreme Court (Bahamas)

BETWEEN

The Director of Public Prosecutions

Applicant

and

Donald Cox

Respondent

BEFORE:

The Honourable Madam Senior Justice Mrs. Cheryl Grant-Thompson

2020 CRI/bal/00539

IN THE SUPREME COURT

CRIMINAL DIVISION

Bail — Bail Act — Application for Bail — Bahamian — Ties to Community — Whether applicant is a fit and proper candidate for bail

APPEARANCES:

Director of Public Prosecutions Ms. Cordell Frazier along with Ms. Jamecca Basden and Ms. Tamika Gibson- The Office of the Director of Public Prosecutions for the Applicant

Pro Se- Counsel for the Respondent

BAIL JUDGMENT

Grant-Thompson, J

1 This is an Application for the Revocation of Bail, brought by Ms. Tamika Gibson, Counsel for the Office of the Director of Public Prosecutions (“the Applicant”). Counsel for the Applicant contends the Respondent has failed to comply with the conditions of bail imposed by The Supreme Court. That he deliberately went “off the grid”- a term used to describe the disconnect of his Electrical Monitoring Device (EMD) to evade Justice. That this is not the behavior of a man fit and proper to continue to be granted bail. Mr. Donald Cox, is charged with one (1) counts of Murder and two (2) counts of Attempted Murder.

2 The Bail Bond granted to the Respondent by The Honourable Justice Mrs. Deborah Fraser (as she then was) (24/3/2021) provided the Respondent had the following Bail conditions;

• a. The Respondent is to report to the South Beach Police Station every Monday, Wednesday, and Friday before 6:30pm;

• b. The Respondent is to be Electronically Monitored and abide by the 2010 Regulations for the use of the device;

• c. The Respondent is to remain at his place of residence which is No.81 Pidgeon Plum Street, Pinewood Gardens from 8:00pm to 6:00am daily;

• d. The Respondent is not to interfere with the Prosecution's witnesses either by himself or through any other persons;

• e. The Respondent is required to report to Court on any an all dates fixed for hearing of this matter;

• f. The Respondent is to surrender himself into custody on the day prior to his trial date at the Central Police Station; and

• g. Any breach of these conditions and bail shall be forfeited and renders the Applicant liable to further remand at The Bahamas Department of Correctional Services.

3 The Affidavit in Support of Revocation of Bail stated that:

• a. The Respondent, DONALD PHILIP COX, (D.O.B. 19.11.1996) was arrested on the 29 ^th of May, 2020, and further charged with the offences of Murder (one counts); and Attempted Murder (one count);

• b. The Respondent was released on bail by The Honourable Madam Justice Mrs. Deborah Fraser, on the 16 ^th of March, 2021, in the amount of Thirty Thousand Dollars ($30,000.00) with two (2) sureties;

• c. The Respondent signed the Bail Bond agreeing to comply with all the conditions listed on his Bail Bond;

• d. The Applicant was informed by Metro Security Solutions that the Respondent was non-complaint with the conditions of the Electronic Monitoring Program on the 5 ^th of January, 2024. Additionally, the Electronic Monitoring Compliance Report noted the following:

  i. Sometime around 5:00pm on the 5 ^th of January,2024 while monitoring the Respondent at Metro Security by way of Global Positioning System (GPS), the Respondent GPS was noted at C.W. Saunders Highway. His device strap was on but the battery was on 0%. It remained on 0% until 3:00am on the 6 ^th of January,2024, when he charged up to 72%;

• e. The Respondent on prior occasions has been in breach of his Supreme Court bail conditions;

• f. On the 21 ^st of May, 2023, the Respondent was arrested and further tried before the Magistrate Court on five (5) counts of violating bail conditions for periods between 14 ^th May 2023- 21 ^st May, 2023. The Respondent pled guilty and was fined Three Thousand Five Hundred Dollars ($3,500) or six (6) months at The Bahamas Department of Correctional Services (B.D.O.C.S) and placed on probation for a period of two (2) years and in default, one year imprisonment at B.D.O.C.S;

• g. On the 1 ^st of September, 2023, the Respondent was arrested and further tried before the Magistrate Court on five (5) new counts of violating bail conditions. The Respondent pled guilty and was fined as follows: Counts 1, 2, and 3- One Thousand Five Hundred Dollars ($1,500), in default six (6) months at B.D.O.C.S; and Counts 4 and 5 Two Thousand Five Hundred Dollars ($2,500), in default six months at B.D.O.C.S; and

• h. The Applicant verily believes that if the Respondent remains on bail he will continue to breach his bail conditions.

4 In response to this, the Respondent- who acted Pro Se in this matter- submitted in his oral arguments stated that:

• a. On the 5 ^th of January, 2024, the Respondent was at his place of residence where his Electronic Monitoring Device (EMD) died;

• b. He explained that this apparent non-compliance was not his fault. Further, pursuant to the signed Metro Security Solutions contract, the EMD affixed to his ankle should produce a...