By LAMECH JOHNSON
Tribune Staff Reporter
ljohnson@tribunemedia.net
MANSLAUGHTER convict and ex-policeman Donovan Gardiner will learn tomorrow if a Supreme Court judge will grant him bail pending the outcome of a constitutional hearing.
The former corporal, who was discharged from the Royal Bahamas Police Force shortly after being convicted of manslaughter last Friday evening, will return to court before Justice Vera Watkins to learn if he will remain at Her Majesty's Prison.
In yesterday afternoon's bail application, defence attorney Wayne Munroe, assisted by Tecoyo Bridgewater and Tonique Lewis, argued for bail pending the outcome of a constitutional motion filed by the defence following the conviction of their client.
A nine-member jury, having heard evidence for more than two weeks, convicted the ex-police officer 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.
The jury returned a 6-3 guilty verdict. However, Mr Munroe filed a constitutional appeal on the grounds that prosecution failed to disclose a number of documents and information to the defence.
Prosecutor Linda Evans objected to Gardiner being granted bail.
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 increased the likelihood of the former law enforcer becoming a flight risk.
She also said Gardiner was safer behind bars as opposed to on the streets.
Mr Munroe retorted that 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 his client 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 at 1pm tomorrow.
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