Magistrate Michael Laduat has denied bail to Foster Elizee of Salisbury while his co-accused Dedria Bunche of Mahaut gets bail in the sum of $50,000.00 dollars.
Both pleaded not guilty to a charge of possession of a firearm and possession of ammunition. They were arrested for being in possession of a 9mm pistol and 15 live rounds of 9mm ammunition on February 15, 2023.
Police prosecutor Inspector Francis Laville opposed bail for both accused telling the court that “it was not in the public’s interest to grant them bail, especially during the festive season given the surge of gun-related offenses in the country.
In her rebuttal, defense counsel Cara Shillingford Marsh told the court that her clients will abide by whatever bail conditions were set by the court and it was in the public’s interest to grant them bail.
She told the court that Bunche was the mother of a 3-year-old girl who was solely dependent on her and that remanding her will not be in the best interest of the child. She also posited that her client had a serious medical condition and that restricting her liberty will not help her condition.
In arriving at his decision, Magistrate Lauday explained that while the court “cannot operate in a vacuum, the court must take into consideration the level of crime and gun-related offenses in the region and Dominica.”
He also said that in arriving at its decision for bail, the court must look at each individual’s circumstances separately and the court was satisfied that it was in the public’s interest to grant bail to Bunche as per her medical conditions and her three-year-old daughter.
She was granted bail in the sum of $50,000.00 with one surety, must report to the Mahaut Police Station every Monday and Friday between 6 am and 6 pm, must surrender her passport to the court no later than 4 pm on February 17, 2023, she is also forbidden from taking part in any public activities effective February 17, 2023, must surrender to the jurisdiction of the court on June 13, 2023, be of good behaviour and not find herself before the court for any offenses. Any breaches will result in bail being revoked.
In arriving at a decision as to the granting of bail to Elizee, the Magistrate said there are too much gun-related violence in Dominica and the region and it “was not in the public’s interest to grant him bail.” Bail is there denied, you are free to reapply again for bail if your circumstances change or they can apply to the High Court,” he said.