The Magistrate’s Court in Roseau has upheld submissions put forward by the prosecution on behalf of the State requesting that Jade Stewart of La-Lay Grand Bay be denied bail.
Stewart was arrested at the Woodbridge Bay Port in Fond Cole on February 3, 2022, when he attempted to clear a barrel with 15 firearms and over 900 rounds of ammunition.
Represented by the law firm of Dyer & Dyer he was slapped with 15 charges of importation of 15 different types of firearms into Dominica without being the holder of a firearms import licence and three charges of importation of ammunition.
He elected to have a summary trial at the magistrate’s court in this matter and pleaded not guilty.
Police also slapped him with indictable matters to be held at the high court before a judge and jury.
The indictable matters are unlawful trafficking of 15 firearms into Dominica illegally and also trafficking of ammunition.
Police prosecutor Inspector Davidson Cadette argued his case based on the Bail Act number 20 of 2020 and also submitted several authorities to the court to support his arguments.
He told the court that given the seriousness of the offence, if granted bail, Stewart will be a “potential flight risk.”
“The penalty attached to the offence if found guilty is huge, we are asking the court to refuse bail since he is a flight risk and he also has the potential to interfere with witnesses,” Inspector Cadette told the court.
He also told the court that, this matter is of “grave public interest” given the spate of illegal guns being intercepted by the police.
In an extremely brief response, Zena Moore Dyer told the court, “The prosecution has not given any arguable grounds in law in accordance with the Bail Act to establish that bail should be denied.”
But in handing down her decision, Magistrate Gloria Augustus stated that she listened to the prosecution and followed closely his submissions based on the “Bail Act” and she is in agreement with the submissions made asking that bail be denied.
“As such, I will not grant bail,” she said.
Dyer immediately signaled her intention to go to the High Court to seek bail for her client. She also reminded the Magistrate that based on section 14 (1) of the Bail Act, A Magistrate Court shall in order to enable the defendant or the prosecution, as the case may be, to make an application respecting bail to the High Court give reasons for “withholding bail.”
The Magistrate said she will comply with the Act. The matter was adjourned to June 17, 2022.