The 17-year-old youth who is accused of pouring a liquid onto a 13-year-old girl and then setting her ablaze has been granted bail, even as the virtual complainant remains in hospital unable to help herself.
Senior Magistrate Colin John granted bail on Wednesday at the Serious Offences Court, two days after the teen was arraigned.
On Monday, the teen, who cannot be named in this report because of his age, was remanded in custody until Wednesday in connection with the charge that on Nov. 8, at Belmont, he inflicted grievous bodily harm on the virtual complainant, a resident of Calder.
The prosecution asked that he be remanded in custody until Wednesday for a report on the virtual complainant’s medical condition.
The magistrate granted bail after hearing arguments from defence counsel Grant Connell, who was holding for the teen’s lawyer, Ronald “Ronnie” Marks, and prosecutor Devon Bute, a corporal of police who was called to the Bar a week earlier.
Bute objected to bail for the teen, telling the court that while the prosecution did not have a formal medical report, their information was that the girl had suffered third-degree burns and was unable to take care of herself.
He said that the prosecution’s position was that the accused be further remanded in custody until Monday to allow the prosecution to obtain a full medical report.
He said that hopefully the prosecution would have no further objections to bail by then.
Bute further said that while the court cannot be guided by society’s reaction, it might be for the teen’s own protection that he be remanded.
However, Connell noted the grounds on which the prosecution could object to bail, adding that Bute’s application was not based on any of those.
“If you are going to use that ground, what ground are you going to use when someone is charged with manslaughter?” Connell said, noting that the virtual complaint would be “in the graveyard”.
He noted that in the extant case, the virtual complainant is in the hospital, adding that the law provides for an amendment to the charge or for a new change if things change with the virtual complainant.
“They put forward this argument all the time that the VC is in the hospital. And I sympathise with that,” the lawyer said.
He said the court could grant bail with appropriate conditions, such as no interaction with the virtual complainant and reporting conditions.
“He will be strapped,” Connell said, adding, “But to leave somebody in prison is tantamount to serving a sentence. It rebuts common sense. He should be granted bail.
“When you are charged with manslaughter, the person is dead — not in the hospital,” Connell said, highlighting the point that people who are charged with manslaughter are often admitted to bail.
In handing down his decision, the magistrate said that because of the defendant’s age, the court is not minded to keep him in prison, adding that the court is not minded to keep young people in prison unless it is absolutely necessary.
John said this was a consideration in granting bail to the teen, adding that if the situation worsens, some checks and balances can address that.
The magistrate set bail at EC$15,000 with one surety and ordered the defendant to report to the Mesopotamia Police Station on Mondays.
The defendant is also to have no contact with the virtual complainant.
The magistrate rejected the prosecution’s applications to order that the defendant not leave the country without the permission of the court and to impose a curfew.
The next hearing on the matter is slated for Nov. 23.
iWitness News understands that the incident occurred at a house where several young people are in the habit of gathering.
I am amazed about the legal system in SVG. Criminals have more pot holes to escape jail time for crimes they commit.
SVG don’t know Juvenile Hall or anything like that? Underage criminals could just walk free and commit crimes as much as they want. The state can’t do anything for the victims.