Magistrate Pearl Williams has remanded United States national Jason James Grogg at the Stock Farm Prison as she considers an application for bail put forward by his lawyers Julian and Jilane Prevost.
Grogg, who pleaded guilty to gun and ammunition-related charges was slapped with a forthwith fine of $25,000.00, or in default he would serve time in jail. That fine was paid.
He was rearrested at the Douglas Charles airport’s departure lounge as he waited to board a flight to Barbados.
In his court appearance before Magistrate Williams, he pleaded not guilty to making a false declaration to Customs on March 8, 2023, on the declaration form C8312 dealing with a Toyota vehicle; he also pleaded not guilty to the false declaration on C32672 on September 24, 2021, involving a 9mm pistol along with several ammunitions and military apparels.
A third summary charge and five indictable matters were not read pending amendment to the charges.
Director of Public Prosecutions (DPP) Sherma Dalrymple along with State attorney Alian Alexander objected to bail citing among other times that Grogg was “a flight risk and was intercepted at the airport and that the alleged offenses for which he is charged are very serious.”
Under the Customs Act Section 186 (False declaration). (1) Notwithstanding anything contained in any enactment to the contrary, where a person, in connection with an assigned matter, knowingly or recklessly
(a) makes or signs, or causes to be made or signed, any declaration, notice, certificate, or other documents which are false in a material particular;
(b) submits, or causes to be submitted, to the Comptroller or a proper officer, any declaration, notice, certificate, or other document which is false in a material particular; or
(c) makes any statement, in an answer to any question put to him by a proper officer which the person is required under any written law to answer, which is false in a material particular, the person commits an offense and is liable on summary conviction to a fine of $100,000 or equivalent to three times the value of the goods in relation to which the document or statement was made, signed or submitted, whichever is greater or to imprisonment for 5 years.
She also posited, that the “public interest” was high in this matter especially dealing with the false declarations of firearms and ammunition.
However, defense lawyer Jilane Prevost rebutted stating that while she agrees that the public interest is “high” her client has paid his fine and was released and all his travel documents were handed back to him. “He has already been sentenced, he has also spent 17 consecutive days on remand plus a further two days after his release, he is not a flight risk and the prosecution has brought no evidence to support such,” she said. She also referred the court to the latest high court ruling dealing with bail for foreign nationals.
“His family is all in Dominica, he had an appointment with the US Consulate in Barbados and was to return back to Dominica two days later, Customs had the opportunity to charge and, while he was in custody, he was given no such notice and hence he proceeded to the US Consulate,” she said.
According to her, to deny him bail is “an abuse of the process” and he cannot be punished for the incompetence of others. But the DPP responded by stating that Grogg was aware and was so informed by Customs verbally that he was to come to see them. “We have sufficient evidence that he is a flight risk, the charges of Customs and the Police are totally different and they are under difference legislations,” she posited.
But Prevost told the court that her client was willing to be subjected to any conditions the court imposes to secure his liberty, she also denies he was ever contacted and or spoken to by Customs. Such behaviour she told the court, “Reduces public confidence in the legal process and such ought not to be the case.
Grogg was remanded at the Stock Farm Prison and will return to court on May 12, 2023, when Magistrate Williams will deliver her decision on his bail application.