Two St. Lucian nationals Nikel Carlos Leo aged 19 years and 20-year Tristan Mariel of View Fort are now inmates on remand at the Dominica State Prison after they were denied bail by a Roseau Magistrate.
The men have been residing at Castle Comfort in Dominica for the past six months.
Leo is charged with the murder of Jones Branche who was stabbed to death on September 14, 2024, in Roseau and Mariel has been charged as an accessory after the fact for knowing that Leo had committed an offense to wit “the murder of Joseph Jones Branche” without reasonable cause concealed a black handle knife, a t-shirt, NFL Cap and one black Lacoste track pants with intent to impede the apprehension of the said Nikel Carlos Leo.
Leo is represented by lawyer Bernard Pacquette and Mariel is represented by Wayne Norde.
The prosecuting objected to bail telling the court that the accused Mariel had “no community ties to keep him in Dominica, was renting a house for just six months, all his family was in St. Lucia, and will fail to surrender to the jurisdiction of the court if granted bail.”
Further, he told the court, that he would interfere with two key witnesses in the matter his girlfriend and also another St. Lucian national and he should also be kept in custody for his protection for the preservation of public order given the public’s perception of the incident.
In his bail application on behalf of his client, Norde told the presiding Magistrate Michael Laudat that his client had a place of residence (Castle Comfort) as a CARICOM and OECS national and before the incident was “gainfully employed.”
He assured the court that if bail was granted, his client would not interfere with witnesses, would surrender to the jurisdiction of the court, and was prepared to be on a curfew and sign Sunday to Sunday at the police station.
“He is of good character, with no previous conviction, further, the evidence before the court is weak, he has fully co-operated with the police, and all the items listed in the charge were recovered, so I can say they have zero evidence,” Norde stated.
He and Pacquette also challenged a request by the prosecution to have the matter against the men tried together calling it “prejudicial.”
“He (Leo) is fighting for his life, there is the potential for prejudice, this is a charge of murder and the trial ought not to be rushed,” Pacquette stated.
Norde in his submission told the court that “the facts in the matter are not the same and to join them would be dangerous.”
“We are submitting that the facts and circumstances are not the same, they occurred at different times and places by different persons, the elements to be proven are different and the application for a joiner should be refused,” he said.
But in his ruling Magistrate Laudat denied bail to Tristan Mariel saying that “it was not in the public’s interest to grant him bail.” He also ruled in favour of the prosecution and granted their application for a joiner in the matter.
Leo would not apply for bail at the magistrate’s court since murder is a capital offence and only the high court can grant bail in such matters.
The matters were adjourned to December 17, 2024. In the meantime, both men have been remanded at the Dominica State Prison.
