Despite a strong and passionate plea from his lawyer Joshua Francis, Magistrate Hansel Valerie ruled in favour of the prosecution who objected to bail for Anthony Mitchell of Fortune.
Mitchell is alleged to have kidnapped Ivor Mitchell Augustus on November 25, 2021.
The prosecution headed by Sergeant Vivian Augustine objected to bail on the grounds that they are yet to locate Augustus, and Mitchell will interfere with the investigation and potential witnesses and the police were in search of two other persons.
However, Francis, in his rebuttal told the court that his client had a fixed place of abord was well known in the community, and had a full-time job.
“The prosecution has not offered abundant reasons why the court should deny him bail. His right has been abused after being in custody for over a week, he is innocent until proven guilty,” Francis told the court.
But in response, Magistrate Valerie reminded Francis that the nature of the offense is ‘kidnapping” and someone is now accused of interfering with the liberty of another person.
“The court must take into consideration the public’s interest and the pervasion of justice…we are dealing with an active police investigation. This is not an ordinary case and as such it must be taken seriously,” Magistrate Valerie stated.
“The court is satisfied that the circumstances at this time require that the accused be denied bail and remain in custody.”
But defense lawyer Francis was not amused and reminded the court that just a few weeks ago, two individuals who appeared before the same magistrate charged with man-slaughter were granted bail despite the prosecution objecting to bail and the individual is yet to be found.
“What message is this court sending out to the society…justice must be fair to all and this is not the case in this matter,” Francis said.
The matter was adjourned to March 24, 2022.
The court system here in Dominica sucks. It’s who you know. Look at Gordon Emmanuel what happened to him that Christmas morning.They had evidence and nothing happened.