The Tribune

By LAMECH JOHNSON Tribune Staff Reporter ljohnson@tribunemedia.net AN EX-POLICEMAN convicted of manslaughter was denied bail yesterday by a judge who deemed him a flight risk in the face of a possible life sentence. Former corporal Donovan Gardiner, who was discharged from the Royal Bahamas Police Force shortly after his guilty verdict last Friday, will now await the outcome of his constitutional motion on March 20. He and his attorneys Wayne Munroe, Tecoyo Bridgewater and Tonique Lewis, appeared before Justice Vera Watkins seeking to be granted bail pending the outcome of the hearing. Mr Munroe is seeking to discharge the jury's 6-3 guilty verdict on the basis of the prosecution's failure to comply with the provisions in a section of the Constitution regarding disclosure of evidence. A nine-member jury, having heard evidence for more than two weeks, convicted Gardiner of causing the death of 28-year-old Desmond Key. The prosecution claimed that on the Father's Day evening of June 17, 2007, Gardiner assaulted the father of six with a baseball bat in a cell at the Grove Police Station. Key died of his injuries seven months later in hospital. Gardiner applied for bail on Monday afternoon, however prosecutor Linda Evans objected to the application. She said the verdict had been passed and added that Gardiner faces up to life imprisonment for the conviction. The prosecutor further noted the seriousness of the offence, which she said, along with the possible life sentence, increased the likelihood of the former law enforcer becoming a flight risk. Mr Munroe claimed his client, a committed man who served 22 years on the police force, would not run or hide from the conviction. He contended that giving Gardiner bail pending the motion's outcome would not be a complication of the judicial process. Justice Watkins said she would review the matter and return with a decision. She did not go into details of her ruling yesterday but noted it was in writing and on record. The ruling acknowledged Gardiner's record of complying with previous bail conditions, lack of criminal record prior to the conviction, and ties to the community through his tenure as a police officer. The judge also noted the prosecution's lack of formal evidence to support the belief that Gardiner would not return if granted bail. However, in her statement she said: "I find that the opinion expressed by Counsel is sufficient in this regard as it appears to be based primarily on the fact that he has been convicted of a serious offence." She further agreed that the offence, along with the penalty of a possible life sentence, "are very strong incentives" for him to run. "Having regard to the circumstances, I am of the view that there is a strong likelihood of Mr Gardiner not returning to Court should he be remanded to bail." Gardiner was denied bail and remanded to Her Majesty's Prison. He returns to court on March 20 for the constitutional motion.