Desmond Rocque who has been arrested and charged for possession of ammunition and firearm without being the holder of a firearms license has been denied bail by a Roseau Magistrate.
His lawyer Zena Moore Dyer made a bail application on his before under the Bail Act #20 of 2020.
Submissions
Dyer told the court that her client has “no previous convictions of this nature…clean slate with no convictions of any gun-related offenses.”
“He has lived all his life in Grand Bay with his father and mother, and he has no track record of not coming to court for his matters or absconding,” Dyer stated. The accused she told the court is a “farmer’ and also assists his father in “wood cutting.”
In very heated and animated arguments to the court, Dyer quoted from several authorities and at times had to be stopped by the court who was most time in disagreement.
As she went through various sections of the Bail Act trying to impress on the court to grant bail to her client who is on bail for two murder charges, Dyer told the court that there is “no history that her client has ever interfered with potential witnesses and there are neither “any substantial belief he will interfere with witnesses.”
However, she was told by the Magistrate, that the Court must take judicial notice that is before it since a charge of threats is before the court against her client which in fact questions the character of her client while on bail.
She then responded by stating that “it is trait law that the seriousness of the offense does not prevent the Magistrate exercising his discretion in favour of the accused and the bail can be dealt with, with conditions
In address the court under section 7 (1) of the Bail Act…” Bail shall be denied” for any offense under the firearms related, the defendant will not interfere with witnesses, Dyer stated that “he has family ties, and the Constitution makes provision that anyone charged is presumed innocent until proven guilty.”
Prosecution object to bail
The prosecution led by Inspector Davidson Cadette told the court that they were objecting to bail under section 6 (1) (a) (ii) to commit an offense while on bail, and (iii) interfere with witnesses. He posited that the accused was twice granted bail by the high court on a charge of murder and as part of his bail conditions was told to live “an honest and industrious life and that he should not re-offend while on bail.”
Inspector Cadette also pointed out that both murder charges are gun-related and this latest charge is also under the Firearms Act being in possession of an unlicensed firearm without being the holder of a license and also not being the holder of an ammunition license.
He also asked the court to take notice of the number of gun-related matters and the use of unlicensed firearms in the country. In support of his argument, he furnished the court with statistics from January 2022 to July 13, 2022, as compiled by the Criminal Investigations Department (CID).
Shooting incidents
Robbery 2
Fatal Shooting 8
Intimidation with firearm 17
Aggravated burglary 2
Possession of firearm 25
Discharging of a firearm 4
Murder 7
But Dyer took “strong objections” to that document saying that it ought not to be considered as consideration for bail, her application was overruled by the Magistrate.
Ruling
Defendant has made an application to be admitted to bail under the Bail Act and factors the court must consider are the nature and seriousness of the offense and the character of the individual. He stated that in 2015, the defendant was charged with murder and was granted bail by the High court in 2018 as part of his bail conditions he was to live “an honest and industrious life and not re-offend while on bail.”
In 2019, he was again rearrested for murder and in 2020 was granted bail by the High court, and as his bail conditions, he was to live “an honest and industrious life and not re-offend while on bail.”
The Magistrate stated that the “record of his bail fulfillment is not good.” “You have flaunted the court twice, it’s clear that your record as it relates to adhering to decisions of the court is not good with no reasonable excuses and you are a repeat offender.”
He also stated that possession of firearm and ammunition under the Firearms Act is “a serious offense” and the wanton use of unlicensed firearms in the State is cause for concern and the public needs to be safe.”
“The court must take notice of such and that it was not in the public’s interest to grant bail to the defendant. Bail is therefore denied.”
Defense counsel Zena Dyer has given notice that she will proceed to the High Court.