Attorney’s bail plea fails

Acting Magistrate Sandra Rawlins has remanded two Bayville, St Michael men to prison for the next 28 days, despite strong arguments from Queen’s Counsel Andrew Pilgrim against their incarceration.

Twenty-four-year-old Niko Tristan Forde of #27 Lukes Avenue, and 20-year-old Dario Delisle Flatts of Block I, #2 Field Place are accused of entering the home of Lennox  Richards as trespassers on September 8 and stealing $300 from the homeowner. A firearm is alleged to have been used in the commission of the offence.

Niko Tristan Forde and Dario Delisle Flatts

“The firearm has not been recovered,” Station Sergeant Carson Henry told the magistrate in his application against bail, as he also revealed the two men were already on bail from the District ‘A’ Magistrates’ Court.

However, Pilgrim, who is Forde’s legal counsel, said the seriousness of the offence was not sufficient reason for remanding the young men.

“In the context of justice in Barbados, you cannot get a trial in five years . . . . Justice ought not to sit and wait while the Crown prepares a file and gets the matter ready to see if they are going to be proven to be innocent or guilty,” he said, adding that if the prosecutor’s request was granted, it would show the court intended to allow the men to be “deprived of their liberty” for as long as five years.

Pilgrim, who has been practising law for the past 25 years, noted that he had clients who were on bail for as long as seven years and there were others who were remanded for as long as eight years awaiting trial.

He said it was also his understanding that there were more than 1,500 cases pending in the Supreme Court for different matters which were being heard by two judges.

“One of those judges has not done 15 trials . . . so let us do the maths. Let us calculate what that means in terms of the delivery of justice. The other court is better but is not far better,” Pilgrim said.

He said even if an accused wanted to plead guilty and his case was fast tracked, it took some nine months to get a sentence.

Pilgrim also contended that the argument about whether or not a firearm had been recovered did not advance the position against granting bail.

“My understanding is that the complainant in this matter, who may or may not be able to identify his assailants, is saying that he saw something silver in the hand of one of the men,” he said, adding that “hardly convinces” anybody that a gun would be recovered in the near future “or ever”.

However, the acting magistrate said her concern stemmed from the fact that the accused were again before the court while on bail on pending matters.

“I am not going to grant them bail at this time. Remanded until October 9,” she said.

28 Responses to Attorney’s bail plea fails

  1. Lynda Bonnett
    Lynda Bonnett September 11, 2017 at 10:44 pm

    They need hard labour

    Reply
  2. Maureen Annius
    Maureen Annius September 11, 2017 at 11:34 pm

    Good gottta get those criminals off the streets

    Reply
  3. Anfaani Henry
    Anfaani Henry September 11, 2017 at 11:52 pm

    Lef dem dey

    Reply
  4. Cheryl Alleyne-Brooks
    Cheryl Alleyne-Brooks September 12, 2017 at 12:01 am

    Good job

    Reply
  5. Itz Queen
    Itz Queen September 12, 2017 at 12:07 am

    We are losing our greatest assets to prison ,I ask myself today what part can I play to save one young man.let us reach out to the boy next door ,you never know.

    Reply
    • Brett Blades
      Brett Blades September 12, 2017 at 1:56 am

      These aren’t the best assets. These are the rotten ones. The part you (in general) can play is not to turn a blind eye but (anonymously) report these criminals to the authorities when you have knowledge of their deeds.

      Reply
    • Sharon Ellis
      Sharon Ellis September 12, 2017 at 2:06 am

      Brett 100% agree.

      Reply
    • Cyan Jada
      Cyan Jada September 12, 2017 at 6:19 am

      Brett Blades agreed

      Reply
  6. Divine Duchess
    Divine Duchess September 12, 2017 at 12:47 am

    So they have pending matters…which mean they are no new bees to the court, they should be granted bail because they intend to turn their lives around and become better citizens of this country….NO…they intend to remain on their path so No Mr.Pilgrim, bail is outta the question!

    Reply
    • Roc Kinn
      Roc Kinn September 12, 2017 at 8:45 am

      Any person charged involving a firearm should not be bailed.

      Reply
  7. Clifford Small
    Clifford Small September 12, 2017 at 1:42 am

    What I can’t understand in the first place where does they parents find money to higher Pilgrim when they could have given them that same money to make them didn’t steal in the first place

    Reply
  8. Veroniva Boyce
    Veroniva Boyce September 12, 2017 at 2:11 am

    Reopen Glendairy!

    Reply
  9. Rishona Graham
    Rishona Graham September 12, 2017 at 2:28 am

    However, Pilgrim, who is Forde’s legal counsel, said the seriousness of the offence was not sufficient reason for remanding the young men. Entering someones place with a fire arm is not sufficient reason for remand . Then what really is. He has an extremely difficult job.

    Reply
  10. Mhizz Kelly P Forde
    Mhizz Kelly P Forde September 12, 2017 at 5:03 am

    I got a solution for them some heavy chains ,some tools ,some soldier guards and start debushing BARBADOS. 12 hours a day with bread and water breaks man !

    Reply
    • Rick September 12, 2017 at 6:00 am

      I totally agree, why are we housing criminals, feeding the three meals a day aND all the do each day is watch tv and work out….make jail a punishment. Make it someplace that no one wants to return to because at the rate these young “men” are going to prosin it certainly isn’t detering them.

      Reply
    • Ziggy Blessed
      Ziggy Blessed September 12, 2017 at 8:09 am

      brilliant

      Reply
    • Annette Giles
      Annette Giles September 12, 2017 at 8:30 am

      Every couple weeks or so..might be a prisoner less..after the soldiers finish with the attempted escapee

      Reply
  11. Margaret Brathwaite
    Margaret Brathwaite September 12, 2017 at 5:44 am

    Good job magistrate. Boy you put up a long plea for those criminals but your pleas are losing the touch. The magistrate is right they are already on bail and doing shite lock them up they can try doing shite in jail at least law abiding citizens wont get harm

    Reply
  12. Angela Thompson Branch
    Angela Thompson Branch September 12, 2017 at 6:52 am

    Bail what for.

    Reply
  13. janette reifer September 12, 2017 at 7:35 am

    Some of these Attorneys are menaces themselves. Look what foolishness he uttered simply to win a case.

    Reply
  14. kathy-Ann Clarke September 12, 2017 at 8:01 am

    I bet if they had entered Pilgrim’s home with a firearm, it would have a different twist. They went in either to kill or maim.
    They need hard labour, the authorities need to get some of these lawless guys to go around rain or sun and start cleaning up this Barbados, by debushing, clearing drains, all the derelict buildings.
    Give them something worthwhile to do, cause it’s obvious that they are lawless.

    Reply
  15. Francia MATTHEWS September 12, 2017 at 8:32 am

    It is time the families of criminals feed them when in lock up. That way they was not encourage them in law breaking practices. Too many young people, both boys and girls are going down the wrong way without guidance. Put them to work in the fields. Enclose the open spots and let them work planting crops with sticks after the ground is plowed. No forks or hoes, then they would behave themselves while the country benefit. Too much time on their hands to plan nonsense.

    Reply
  16. Keith Forde
    Keith Forde September 12, 2017 at 9:04 am

    MOST YOUNG MEN IN BARBADOS ARE FOLLOWERS,NOT LEADERS..YOU HAVE CARIBBEAN NATIONALS COMING INTO BARBADOS AND FINDING WORK,HOW COME YOU BRED AND BORN HERE AND CANT FIND WORK..( GIVE ME A BREAK) EXCUSES..

    Reply
  17. Hyacinth Mayers
    Hyacinth Mayers September 12, 2017 at 10:03 am

    Trespassing is a crime and these men should be prosecuted..only the white Bajan gets away with crime..I wonder how many of them are in Dodds?

    Reply
  18. Adrian Barker September 12, 2017 at 1:55 pm

    Itz Queen you int frighten that when you reach out to the boy next door that you don’t get your hands chop off too. What planet you living in on.. Two guys look as rusty as ever

    Reply

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