Magistrate Michael Laudat handed his decision in the pending bail application before the court regarding Dylan Shillingford.
Shillingford who resides in York Valley in the Layou area was slapped with seven (7) offences. Possession of two illegal pistols (handguns) possession of illegal ammunition while not holding a firearms and ammunition license and trafficking of cannabis.
The defense in its bail application had told the court that Shillingford has no previous convictions, will surrender to the jurisdiction of the court, will not commit any offenses while on bail, and will not interfere with witnesses.
They also stated that he has been employed for the past 4 years and they had in place a “fit and proper surety to secure his bail application.”
However, in reply, the prosecution stated that Shillingford was the holder of an American passport recently issued in 2023, and most of the information given by the defense was “not tested” and it was “not in the public’s interest given the prevalence of the gun-related offenses on the island, both guns were fully loaded and the offenses charged were of a serious nature that if convicted carried lengthy jail sentences.”
After considering the submissions of the defense and the prosecution, the Magistrate, quoting several case laws and also the Bail Act of Dominica stated that bail is “a balancing act and the court must use its discretion when considering if bail should be granted or not.”
“The Court cannot operate in a vacuum, we have an upsurge in gun-related crime in the country, hence the court must take notice of that when considering the issue of granted bail,” the Magistrate stated.
“The defense has not satisfied the Court that it was in the public’s interest to grant bail and the ruling of the court is that it is not in the public’s interest to grant bail and so bail is denied.”
He also stated that if there was a “change in circumstances the defense was free to reapply for bail or go to the High Court. He also promised to give the defense and prosecution his written decision by 9 am on Wednesday, June 12, 2024.
Shillingford is now on remand at the State Prison and his matter adjourned to November 12, 2024, in St. Joseph.
Excellent decision, Magistrate!