Two individuals Murphy Valarie (male) and Taska Joseph (female) appeared before Magistrate Michael Laudat on Monday, June 19, 2023, on a charge of “assault to commit robbery” on Monday, June 12, 2023, at the National Petroleum Gas station in Canefield.
They were not required to enter a plea since the matter is of an indictable nature and must be tried by a Judge and jury at the High Court.
Police prosecutor Inspector Francis Laville objected to under section 7 (1) (e) of the Bail Act stating that “it was not in the public’s interest to grant them bail.”
He also told the court that the police were in search of other persons and granting them bail while interfering in the ongoing investigations and also, a weapon used (a firearm) in the offense has not yet been recovered.
“We are also giving the court judicial notice that there is an increase in gun-related crimes in Dominica and the Caribbean and the public is crying out for safety and security,” he said.
But in response, Wayne Norde who is representing Valaire, told the court that the prosecution was asking the court to hold his client who is “innocent” in custody while they are investigating.
“The golden rule is you investigate and arrest, you don’t arrest and then investigate, the matter occurred days ago, and based on the passage of time, I don’t see how if granted bail they will interfere with witnesses.
“We are of the view that it is in the public’s interest to grant bail to them and although we know that the alleged offense is serious, it attracts zero public interest,” Norde stated.
He also told the court that his client had a fixed place of residence, has a fit and proper surety, will come to court on every adjourned date, and is willing to abide by any bail conditions set by the court.
He also called the investigating officer Sachin Tire on the witness stand questioning him about the date the alleged report was made and informing him regarding his client and his whereabouts as it relates to the incident.
“He is innocent and should be granted bail with or without conditions, what the prosecution has come up with is weak, baseless, and empty,” Norde told the court.
Magistrate Michael Laudat said he will deliver his decision in the matter on June 20, 2023. Zena Moore Dyer is representing Joseph in the matter.
UPDATE-Magistrate Michael Laudat has denied bail to Murphy Valarie (male) and Taska Joseph (female). They appeared before him on a charge of “assault to commit robbery” on Monday, June 12, 2023, at the National Petroleum Gas station in Canefield. He ruled that it was “not in the public’s interest to grant them bail at this time but they were free to apply to the High Court for bail.”
The matter was adjourned to October 10, 2023.