– over malicious wounding and firearm charges
Acting Chief Magistrate Melissa Robertson yesterday ordered a 17-year-old boy to be kept in police custody while his father and brother were remanded to prison when they appeared before her at the Georgetown Magistrate’s Court accused of maliciously wounding another man and being found with an unlicensed pistol and a quantity of ammunition.
Seventeen-year-old Alvin Creame and his brother Keron Grant, 23, both of Big Creek, Port Kaituma, North West District, both pleaded not guilty to the charge of inflicting grievous bodily harm on another man.
Creame also pleaded not guilty to the charge of unlawful possession of a firearm without being the owner of a firearm licence.
Meanwhile, Creame and his father, Junior Kendell, 49, also of Big Creek, Port Kaituma, both pleaded not guilty to the charge of possession of ammunition without being the owner of a valid firearm license.
Creame and Grant denied that on September 8 at Big Creek, Port Kaituma, they unlawfully and maliciously inflicted grievous body harm on Ron Mitchell.
Creame also denied that on September 14 at the same place, he had a .38 semi-automatic pistol without being the holder of a firearm licence.
Creame and Kendell denied that on the same day and place they were found with three rounds of 9 mm ammunition without being the owner of a licence.
The trio’s lawyer Gregory Gaskin, who appeared in association with attorney-at-law Joseph Harmon, stated that Kendell was a businessman of substantial standing in his community and he was the owner of a variety shop in the area. He noted that Kendell was also a fuel supplier.
He said that Creame and Grant were the shop attendants.
He said that the wounding charge was as a result of Creame and Grant both acting in physical self-defence for themselves and after several items were stolen from the shop.
He said that Mitchell “is a known and habitual burglar around the area.”
He alleged that on the day in question Creame and Grant had attempted to retrieve several items that Mitchell had stolen from the shop.
Gaskin stated that as it relates to the ammunition charge he was advised that three rounds were said to have been found in front of Kendell’s shop.
He said that “this is a ludicrous accusation” and such an accusation should allow his clients to be admitted to bail.
He then noted that as it relates to the firearm charge it was “highly unlikely that a 17-year-old would be found with a firearm in his possession.”
He said that Creame should be viewed as a minor.
Gaskin then applied for bail for the trio on the grounds that they presented no risk of flight, that they had no brushes with the law before and that his clients should not languish in jail until the next sitting of the Matthews Ridge Magistrate’s Court.
He said that this is until November 3 and his clients should not be incarcerated on “trumped up charges and questionable evidence.”
He said that he was quite certain that his clients would be exonerated of the charges against them.
Meanwhile, Prosecutor Kevin London objected to Creame’s bail application stating that as it relates to the firearm charge against him it is a non-bailable unless a special circumstance was presented to the court.
He said that no such special circumstance was presented by the defence.
He said that as it relates to the wounding charge against Creame and Grant, it was as a result of the removal of a cell phone.
He said that Creame had allegedly taken Mitchell’s cell phone and there was a confrontation between Creame, Grant and Mitchell. He alleged that Creame dealt Mitchell several blows with a piece of wood about his body which resulted in him sustaining a broken arm.
However, attorney-at-law Harmon stated that the only way his clients would be given a speedy trial was if it should begin at the Georgetown Magistrate’s Court.
He said that there was no better circumstance for bail to be granted to those accused than a delay in the case and this would likely be the situation when the case is transferred to the Matthew’s Ridge Magistrate’s Court.
He also stated that according to the law the special circumstance relates to the offence and not the offender.
The magistrate subsequently ordered that the case be transferred to the Matthew’s Ridge Magistrate’s Court for November 3.
She also ordered that Kendell and Grant be remanded to prison while Creame be kept in police custody.
