Police PRO bluffs media
BASSETERRE, St. Kitts – WHY was a man charged with murder granted bail?
That is the question being asked by many people following the Sunday evening (Nov. 1) incident in McKnight that resulted in gunshot injuries to Akeem Chumney and a juvenile, as well as the arrest of Craig ‘Jumbies’ Halliday of Upper Thibou Avenue, who was allegedly “carrying an illegal firearm”.
A police communiqué stated that Halliday was taken into custody for illegal possession of one Smith and Wesson 9mm pistol with 13 rounds of ammunition.
It also stated that Halliday was scheduled to appear at the November Assizes in Nevis on Tuesday (Nov. 3) on a murder charge for which he was granted pre-trial liberty. But SKNVibes however learnt that the trial was adjourned because he was not in court.
Knowing that he was arrested and was in police custody in Basseterre, yesterday afternoon (Nov. 5) this publication had contacted Grell Browne, the Director of Public Information of the Royal St. Christopher and Nevis Police Force, to find out if Halliday was charged for the alleged gun and ammunition offences and to know the reason for his absence in court.
Brown claimed that he knew not the reason for Halliday’s absence from court and informed that he was charged with possession of firearm and possession of ammunition. SKNVibes then asked when the charges were preferred against him, and Browne said it was on the day after his arrest.
He also said that a press release with information concerning Halliday’s charges was sent to all parties on the Public Relations Office’s mailing list, which was proven to be false when checks were made on this publication’s email accounts.
Contact was also made with a number of media houses and this publication was told that they too did not receive any email, which paints a very dismal picture of the Police Force despite the recent excuses made by it Acting Commissioner.
This morning (Nov. 6), however, SKNVibes received an email at approximately 9:32, which stated that Halliday was charged with two offences. It did not mention if he was on bail or not, but this publication had learnt that he was remanded to Her Majesty’s Prison.
But the big question is, “Who placed him on bail when it is known that he was charged with the capital offence?”
Halliday, Asim ‘Sim’ Parris of Stoney Grove, Nevis and Dexter Sommersal of Prickley Pear Alley, Basseterre, St. Kitts were jointly charged with the January 28, 2007 murder of Leon ‘G-man’ Westerman, who was also known as ‘Gravo’.
Westerman was the first of the 23 murder victims in 2008.
Sometime between 10:00 and 11:00 p.m. on the day in question, Westerman was reportedly with a female American friend at Angela’s Bar on Main Street, Charlestown when he was approached and shot by two masked individuals.
Informed sources had told SKNVibes that a police unit was at that time patrolling in the vicinity of Main Street when they heard the report of gunfire.
Following investigations, the unit discovered a man, later identified as Westerman, was stumbling on the street. Further investigations revealed that he had been shot.
The police transported him to the Alexandra Hospital where he succumbed to his injuries.
At the time of his death, the 28-year-old was employed at the Sunshine Bar & Grill.
Some four years (April 2012) after, officers of the Nevis Division had arrested and charged Halliday, while Parris was arrested and charged on Sunday, January 19, 2014 and Sommersal was arrested and charged on Wednesday, January 22, 2014.
According to a police communiqué, on Monday, April 27, 2015, the trio had appeared at the Nevis Circuit Court before Justice Lorraine Williams who discharged them, ruling that the indictment was invalid and was founded on improper committal proceedings.
They were set free but subsequently re-arrested on the same day for the same offence.
Since then, there was no communiqué from the police concerning this matter until the McKnight incident, but SKNVibes was informed that Halliday’s defence counsel was successful in his bail application.
While many people have been commenting on him “walking the streets a free man when he should be incarcerated on the murder charge”, investigations have revealed that it was his constitutional right to apply for bail.
On May 18, 2012, the then Governor-General of St. Christopher and Nevis, His Excellency Sir Cuthbert Sebastian, had assented to an Act called the Bail Act 2012. This Act provides for bail in legal proceedings and for related matters.
It is explained in this Act that “bail in criminal proceedings means (a) bail grantable in or in connection with proceedings for an offence to a person who is accused or convicted of the offence; or (b) bail grantable to a person who is under arrest or for whose arrest a warrant endorsed with a direction for bail is issued”.
It further states that in terms of eligibility for bail: “Subject to subsection (2), a Court may grant bail to any person charged with any offence.”
Subsection (2) states: “A person shall not be admitted to bail, except by an Order of the High Court, if that person is charged with an offence specified in the First Schedule.”
There is the saying that a man is innocent until proven guilty; therefore, it is logical to conclude that Craig ‘Jumbies’ Halliday’s eligibility for bail was within his legal rights.
