ROSEAU, DOMINICA-The Prosecution led by State prosecutor from the office of the Director of Public Prosecutions (DPP) Kevin Julien stunned the court as they invoked section 21 (1) of the Bail Act (prosecution right to appeal) in a matter of bail for medical doctor Theodore Thomas who is charged with attempted murder and discharging of a firearm less than 50 years in a public space.
Dr Thomas was denied bail when he made his first court appearance earlier this year, but his legal team led by Wayne Norde, Joshua Francis and Gina Abraham Thomas, reapplied for bail at the Magistrate’s court.
Senior Magistrate Michael Laudat heard the bail application, and Julien, leading the prosecution along with Gabrielle St. Hilaire, told the court that the prosecution’s position remains the same: “They are opposed to bail.”
Norde, in addressing the court, stated that the defense was not armed with disclosure and was not able to determine the strength and or evidence of the witness statement when the first bail application was made, which is critical in a bail application and is a critical factor for the magistrate in his discretion in granting bail.
He said his team is now armed with “partial disclosure,” hence the new bail applicatio which is a “new circumstance” along with the witness statement of the victim.
Julien, on the other hand, brought the victim, Athena Dodds, who is wheelchair-bound, to court to testify.
Telling the court that she had been in an intimate romantic relationship with Dr. Thomas from 2025.
She also detailed her health situation, explaining that she was flown to Martinique for further medical attention, has severe pains, has a colostomy bag, and her health remains at risk.
After hearing both sides, Senior Magistrate Michael Laudat decided that Dr. Thomas was “not a flight risk” and granted bail for $75,000.00 with sureties, he was to surrender to the jurisdiction of the court, report to the Roseau police station every Monday and Friday from 7 am to 7 pm, surrender all his travel documents, not to interfere with the victim and or any witnesses and was forbidden from living the state without the permission of the court.
However, his freedom was short lived as Julien thanked the court for its decision but gave notice that the State had invoked section 21 (1) “Where a Magistrate’s Court grants bail to a person who is charged with or convicted of an offence punishable by a term of imprisonment of 3 years or more, the prosecution may appeal to a judge of the High Court against the granting of bail.”
He then served the court with his notice of appeal and drew the court’s attention to section 21(6) of the Bail Act. “On receipt from the prosecution of oral notice of appeal under subsection (4) from its decision to grant bail the Magistrate’s Court shall remand in custody the person concerned, until the appeal is determined or otherwise disposed of.”
Despite intervention from Norde, Magistrate Laudat stated that he had no further say in the matter.