The High Court, on Friday, granted bail to Jamaican drug accused Novian Travis Vaughn Mullings, three days after the Serious Offences Court denied bail.
Mullings, 29, is charged with possession of 13,995 grammes (30.85lbs) of cannabis with intent to supply.
He is alleged to have had the drug in a suitcase while attempting to board a flight to Barbados at the Argyle International Airport last Sunday night, July 28.
Police have also charged him with possession of the drug for the purpose of drug trafficking and attempting to export the marijuana.
He pleaded not guilty to all charges when he appeared before Chief Magistrate Rechanne Browne at the Serious Offences Court on Monday.
However, on Friday, High Court judge, Justice Brian Cottle, granted Mullings bail in the sum of EC$20,000.
The judge granted bail after hearing an application from Mullings’ lawyer, Grant Connell.
As part of the bail conditions, Mullings was ordered to surrender his travel documents and report to the Mesopotamia Police Station.
The court also ordered that stop notices be posted at ports of entry and exit.
On Monday, Prosecutor Crown Counsel Tammika McKenzie had objected to bail, arguing that Mullings was a non-national with no significant ties to St. Vincent and the Grenadines.
However, Connell, who had risen amicus on Mullings’ behalf, argued that being a non-national is not sufficient ground upon which to object to bail.
He said the value of the drugs was EC$6,000, saying that there is an affidavit stating that the value of marijuana is EC$200 per pound.
The lawyer argued that the value of the drug speaks to the seriousness of the offence.
He said that the drug lab takes up to six months to test marijuana and asked that Mullings be granted EC$6,000 bail.
The chief magistrate said that EC$60,000 cash bail might be more appropriate, but Connell argued that only about five families in SVG might be able to meet such a bail condition.
Mullings returns to court on Sept. 13, 2019.
EXCESSIVE BAIL – SENSE OF INSECURITY
It has been seen in most regional jurisdictions that ‘…Nationality’ has been among the advanced arguments to Magistrates.
No doubt that Justice Brian Cottle understood the constitutional provision that declares that ‘….Bail shall not be Excessive, as well as pertinent grounds for objection.
The ‘…Nationality Flag’ had often been waved in the Magistracy by some prosecutors, and seemed to have induced a ‘…False Sense of Insecurity’ in some Magistrates.
Some Magistrates have shown timidity in granting bail ‘…Trini; …Lucian; …Bajan; …Jamaican; …Grenadian or a Dominican.’
Most prosecutors often seemed unaware of pertinent grounds for objecting to Bail, I. e.;
(a) …Gravity of the offence (actually) or subjectively;
(b) …Likelihood of defendant absconding from the jurisdiction;
(c) …Likelihood of him defeating the ends of justice or interfering with witnesses to pervert it;
(d) …Likely to commit a similar offence if granted bail.’
Contrastingly, an American visitor was accused of murdering a Dominican national on Anguilla, and before anyone could say ‘…Jack Rabbit,’ he was on bail and on a plane to the United States [CNN: April 27, 2019].