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Lawyers Israel Bruce, left, and Grant Connell, in 2024 file photos.
Lawyers Israel Bruce, left, and Grant Connell, in 2024 file photos.
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The court is slated to hear later on Friday (today) further arguments from a lawyer who is asking that his client be granted bail on a murder charge.

Counsel Grant Connell’s client, Taly Jackson, of Langley Park, has been in prison for 19 months awaiting the preliminary inquiry into a charge that he murdered 46-year-old Michael Miller, of Stubbs, at Crab Island on July 3, 2023.

Jackson is jointly charged with Xavier Corke, of Caratal, who is represented by Israel Bruce.

Connell’s application comes as a rift seems to have opened between the two lawyers over the number of adjournments in the case.

The rift emerged in open court on Jan. 7 at the Serious Offences Court (SOC), when Senior Magistrate Colin John was trying to determine a date to continue the preliminary inquiry.

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A preliminary inquiry is a hearing in which a magistrate determines if the prosecution has enough evidence to try an accused by a judge and jury at the High Court.

Lawyers cross swords in open court

During the Jan. 7 hearing, Bruce, who also practices law in the British Virgin Islands, informed the court that he would not be in St. Vincent from Jan. 30.

“I do not understand how this honourable court could entertain such levels of adjournments by one counsel — my friend,” Connell interjected, sounding annoyed.

“I love him. But in the same sense, adjournment after adjournment. Counsel must send a junior. This is unacceptable.”

Bruce, who had been standing before Connell’s interjection but gave way when the lawyer got up, rose and Connell told the court that Bruce should be made to sit.

Connell indicated that he is senior to Bruce at the Bar.

However, Bruce noted that he was on his feet when Connell stood.

“You want to do this, let us do this,” Bruce said, also sounding annoyed. “I was on my feet when you stood up,” Bruce said, his voice appearing to rise.

Connell was saying something to Bruce and Bruce told him not to direct anything to him.

“Let the magistrate address me,” Bruce said.

Xavier Corke and Taly Jackson
Xavier Corke, left, and Taly Jackson.

The magistrate told Bruce to sit and entertained Connell, who said:

“I think the court and all magistrates attended a session on adjournments. The court cannot be abused at that level, be it police or counsel.”

Connell told the court that he appreciates Bruce having to travel “to greener pastures or whatever”, adding, “but the court cannot and should not be dictated to by one counsel.

“You are going elsewhere, find a junior to complete your matters. If you don’t have one in chambers, instruct one and pay one.”

‘This ain’t Parliament … This is a serious place’

Connell said that Bruce was “under an obligation”.

“My client cannot stay in prison at the convenience of a counsel. It is wrong; this matter must be ventilated. Your honour, look how many reasons are listed.”

Bruce is a senator for the opposition New Democratic Party. Connell said he did not know if Bruce thought the court was Parliament.

“This ain’t Parliament … This is a serious place. My client has been in jail all the time and the record of the court will show that my friend has had no regard for the court.”

Bruce asked Connell if he was finished.

He reminded the court that Connell has the option of applying to the court to have the matters severed and proceeding with the preliminary inquiry into Jackson’s alleged involvement in the murder.

‘a dastardly accusation’

Israel Bruce
Defence counsel Israel Bruce on Jan. 4, 2023.

Bruce then stood and told the court that he did not “take pleasure in doing this”.

“But it is a most simplistic position that courts run in the hierarchy,” Bruce said, noting that there is the magistrate’s court and the High Court.

“And if up until today my senior friend cannot appreciate that a high court takes president over a magistrate’s court, then I cannot help him.

Bruce said he was not leaving SVG to go to another jurisdiction to attend a court of “equal parity”.

Bruce paused, apparently because of what Connell had muttered under his breath.

“When you spew nonsense, you then have to listen to the response,” Bruce continued.

He mentioned a case saying that it was set down in the Court of Appeal in Tortola.

“I don’t know if my friend is asking me to tell the court of appeal that I am in attendance at a magistrate’s court and I am not appearing,” Bruce said.

The High Court in Tortola, as in St. Vincent and the Grenadines, are all part of the Eastern Caribbean Supreme Court.

“I am speaking now, too, because there seems to be some superiority complex that is driving us. I don’t know what it is,” Bruce said.

He said he had not abused the SOC or any court.

“When I have matters abroad, I write to the court, I indicate what those matters are. They are verifiable in the jurisdiction and the court knows I am not abusing the court process,” Bruce said, adding that Connell had made “a dastardly accusation”.

Bruce further told the court that he did not have a junior counsel in chambers.

“And even if I have a junior and a junior who is specialised and practising in the civil realm, it is not for me to go and pitch him in on a murder case because he is a junior. This kind of nonsense. I am not saying anything further,” Bruce said.

The magistrate asked about the likelihood of continuing the preliminary inquiry the following day, Jan. 8.

Bruce said he was available on that day, adding that the only thing he was seeing in his diary was some consultations and that he could have his office reschedule them.

Connell said he was grateful to Bruce.

However, the following day, Bruce wrote to the court saying that he had been looking at the wrong diary when he agreed to that day.

He further said that he had already had a matter scheduled for hearing at another magistrate’s court, forcing the preliminary inquiry to be further adjourned.

Grant Connell
Lawyer Grant Connell in a Sept. 24, 2024.

Lawyer asks High Court to grant bail

Then, on Jan. 17, at High Court No. 2, in Kingstown, Justice Rickie Burnett began hearing a bail application that Connell filed on Jackson’s behalf.

Connell had arrived at court after the matter was called as he had been appearing before a magistrate and had asked another lawyer to hold for him at the High Court.

The judge told him that the Crown was objecting to the application and had communicated this when the matter was called. 

Asked if he wanted to hear the Crown first, the lawyer said yes. However, Crown Counsel Renee Simmons said it was Connell’s application and the Crown wanted to hear him on it.

Connell said the application was for bail for murder under Section 43 of the Criminal Procedure Code.

He said the bail application was hinged on the main point that Jackson had been in prison for 19 months and there had been 17 adjournments in the case “most of which hinged on counsel for the co-accused”.

He said that on the 15th adjournment request, he objected given that Jackson’s freedom was at stake and the reason Bruce gave for his absence was that he had to attend Parliament for the debate of the Estimates and then he would be out of the state.

Connell informed the High Court of what had transpired on Jan. 8. He said that coincidentally, he had a matter at the Biabou Magistrate Court and that he had written to the magistrate indicating that the Serious Offences Court had accommodated lawyers to continue the preliminary inquiry.

The lawyer further informed the court that on the last occasion that the matter was scheduled to be heard, the main witness for the crown said he had a toothache.

Connell further informed the judge that the prosecutor at the SOC had said that he visited the witness and saw what appeared to be a swollen mouth and came to the conclusion that the toothache claim was of some merit.

Connell had presented an affidavit by Jackson in support of the bail application. He said while the document did not include that information, Bruce had informed the SOC that he would be overseas until February.

Rickie Burnett 240119
Justice Rickie Burnett in a Jan.19, 2024 photo.

Previous application not ventilated

Connell said there may have been different interpretations of the section that allows bail for murder, adding that an attempt for this was made before when Justice Angelica Teelucksingh was presiding in SVG.

However, the Crown had reduced the murder charge to manslaughter before the bail application was heard.

“So, we never actually had a true understanding and interpretation of what the law said.”

Connell referred to the section of the law which speaks to bail in certain circumstances, adding that bail for murder is not entertained at first instance.

The lawyer pointed out that the law further states that if bail is not entertained or the person has been denied bail, they should be brought before the court for a preliminary inquiry within nine months of the charge, failing which the person may apply to, and the High Court may of its discretion grant bail.

Connell noted that Jackson has been in prison for 17 months and a preliminary inquiry was yet to be concluded.

“Bail should be open to the applicant,” Connell said.

Crown maintains accused not entitled to bail

Responding to the application, Crown Counsel Alana Cumberbatch pointed out that the law says that a person who is charged with one of the offences can be granted bail by the High Court if they are not brought before the court for a preliminary inquiry within nine months of the date when the charge was laid.

Cumberbatch said the matter in which Jackson is an accused had been before the court for a preliminary inquiry.

She said the inquiry began in April 2024, which was within nine months of the charge.

“And based solely on that, the applicant cannot be granted bail…” she argued.

Cumberbatch said that while there had been some delay in the matter, a hearing had been held as recently as the previous day, when two witnesses were called.

The Crown Counsel said that her understanding was that cross examination of the main witness is to be completed and the preliminary inquiry was adjourned to Feb. 3, and it is hoped that by that date the matter would be completed.

She said Jackson was not entitled to bail in the circumstances.

Cumberbatch said her information was that there was one witness after the main witness that the prosecutor intended to call — that other witness being the investigator.

“The delay, as I am told, was not the fault of the Crown but several factors contributed,” she said.

“Of course, there are different avenues where persons are jointly charged that might have been able to progress this matter. However, as we stand at this juncture, … bail is not available to the applicant.”

Responding to the Crown Counsel, Connell told the court that there were two cases that he wished to call to the attention of the court.

He asked the court to allow him to fully ventilate his application today (Friday), adding that he would like to hear the court on the matter.

Cumberbatch, however, said the law says that bail is open to a person such as Jackson if a preliminary inquiry is not brought, as opposed to completed, within nine months.

Justice Burnett said that Connell was raising an important, interesting point on which the court would like to hear him further.

2 replies on “Lawyer seeks bail for alleged murderer amidst rift with counsel for co-accused”

  1. We need to bring back the death penalty for all these killers. Long prison sentences are not the answer. They are not enough. I repeat, we need to bring back the death penalty for these killers. The killing of Vincentian by Vincentian is unsustainable, to say the least. Our population of about one hundred thousand, will be depleted completely by these heartless killers.

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