Strong arguments by Barbados attorney-at-law Mohia Ma’at that the grounds put forward against bail are “all without merit” were not enough to keep his Guyanese client from spending 28 days on remand.
According to Barbados Today, the submissions, came after Dhanpaul Dudhnauth, a 48-year-old farmer, from Industry Hall, St Philip was not required to enter a plea to the indictable charge that he indecently assaulted a minor. The accused, who is a Guyana native and has been living here for the last 26 years is alleged to have committed the offence on May 9.
Prosecutor, police constable Victoria Taitt cited the serious nature of the offence as the main ground for her objections against bail stating that the child allegedly involved was six years old. That minor, she submitted, needed protection from the accused, the Barbados Today report said.
However, Ma’at stated that his client was a good candidate for bail as he had never been before the law courts and was a father of two.
“He has been here since 1992 and has never been charged . . . walks the straight and narrow . . . and as it stands now the allegation before the court is just that, an allegation,” Ma’at told Magistrate Kristie Cuffy-Sargeant.
The defence attorney said that Dudhnauth had surrendered himself to police after getting a phone call.
“Yes it is a serious offence . . . but this matter is in the District ‘A’ jurisdiction and the accused resides deep in St Philip,” said Ma’at who argued that the chances that the two parties would cross paths was unlikely.
“The likelihood of any interaction between the minor, father or mother is virtually non-existent given the proximity. He is in the east and she is in the west, so interference is null and void.
“The likelihood that he will reoffend has no merit. He has not reoffended, he has been charged. He received immigration status, he would not have gotten that if he had [a record], so that is a testimony to his character,” Ma’at said, according to the Barbados Today report.
“The grounds put forward are all without merit,” the attorney added as he urged to court to grant bail with any conditions it saw fit.
That application was denied and the accused was remanded until October 9.
