Chief Justice (ag) Ian Chang yesterday afternoon granted rape accused Colin Mack bail in the sum of $250,000 in the High Court and ordered that his passport be lodged at the police station.
This ruling comes a mere three days after Acting Chief Magistrate Melissa Robertson found that a prima facie case had been made against Mack and ordered that he be tried in the High Court. Mack was then remanded to prison.
Speaking to this newspaper yesterday afternoon, Mack’s lawyer Glenn Hanoman said he had applied for bail in the High Court on the ground that the prosecution at the magistrate’s court had not presented any legal grounds for it to be refused. “All magistrates’ courts should take guidance from the chief justice on how the High Court grants bail,” Hanoman said.
He said that it would be unfair for his client to be confined until his trial starts since rape is a bailable offence. “In the laws of Guyana every offence is bailable except murder and treason,” he added.
“A man is innocent until proven guilty and the High Court remedied this case in accordance to the law.”
On Friday at the Georgetown Magistrate’s Court, a preliminary inquiry (PI) into a charge of rape against Mack ended.
Magistrate Robertson who had been presiding over the hearing ruled that sufficient evidence was presented to make out a prima facie case.
The 38-year-old father of one of Festival City, North Ruimveldt had first appeared in court on April 15 charged with the rape of a 19-year-old girl. He was not required to plead to the indictable charge.
Hanoman along with attorneys-at-law James Bond and Rexford Jackson had represented Mack during the eight-week PI, applying for bail for him at almost every hearing. However, Police Prosecutor Denise Griffith objected each time, stating that if Mack were released he might interfere with the teen and since the PI was already in progress he might not return to court.
Nine witnesses testified in the PI including the teen, her mother, a taxi driver, a Superintendent of Police and several lance corporals.
When the PI ended on Friday, the magistrate said that the teen’s testimony on April 23 and 27, an oral statement that Mack made to the arresting officer and the results of the physical examination had been the strong points in establishing the prima facie case.
It was alleged that on April 12, Mack offered to take the teen home from a night club. He allegedly diverted to his home, where he reportedly beat the teen and caused her to be held down by a woman while he raped her. Mack is also accused of ordering the woman to perform an indecent sexual act on the teen.
On Friday he stated that he was innocent of the charge and declined to call any witnesses.
