Attorneys Wayne Norde and Gina Abraham Thomas who petitioned the High Court on behalf of client Mandel Joseph Cyrille have been successful in convincing the court to grant him bail pending his appeal.
Brief facts
The virtual complainant Kevin George, 42, and the prisoner lived five yards away from each other in the Vieille Case hamlet called Tobino.
The incident occurred on the night of Saturday, February 10, 2018, when George said Cyrille slashed him on the back of his head with a cutlass. Cyrille allegedly told him: “So long I am marking you! I want to kill you!” George suffered injuries to his left hand, wrist, and elbow.
Cyrille’s defense was that it wasn’t him because he was in Thibaud at that time.
The offense of causing grievous bodily harm with intent to cause grievous bodily harm carries a maximum prison term of 10 years. Justice Wynante Adrien-Roberts on Friday, July 30, 2021, sentenced Cyrille to seven years in prison and ordered him to pay George $5,000 in compensation.
Application for bail
Norde’s application for bail was made under section 22 of the Bail Act, “Bail after conviction”. He argued that the law prior to bail pending a high court criminal appeal was governed by the “common law.”
He told the court, that the principle under the Common Law was for bail to be granted after conviction, had to be under exceptional circumstances after which the court will then consider the “strong likelihood of success” and the long delay in pursuing the appeal.
“Since the advent of the Bail Act in Dominica, persons found guilty can now exercise that right for bail under section 22,” he stated. He explained that the court should “not consider exceptional circumstances-but look at Section 6 of the Bail Act, “Bail may be denied” “where a person is accused or convicted of an offense that is punishable with imprisonment, the court may refuse an application for bail if (a) the court is satisfied that there are substantial grounds for believing that the person if released on bail, whether subject to conditions or not would, (i) fail to surrender to custody, (ii) commit an offense, while on bail, or (iii) interfere with witnesses or evidence; or (iv) otherwise pervert the course of justice, whether in relation to himself or any other person.
It is hereby ordered that
This application for bail is hereby granted. The Applicant is therefore released on a recognizance of bail as follows.
Bail is set in the total amount of $100,000.00 bond with no cash deposit. There shall be one (1) surety liable.
Find attached the full Order of the court
https://natureisle.news/wp-content/uploads/2022/12/Stamped-Order.pdf