The Tribune

By PAVEL BAILEY

Tribune Staff Reporter

pbailey@tribunemedia.net

THE Court of Appeal denied bail to a man accused of killing his brother’s alleged murderer in Exuma last year.

Justices Jon Isaacs, Sir Michael Barnett and Milton Evans considered the bail appeal of Alcott Fox, 29.

Fox was charged for his alleged involvement in the fatal shooting of 22-year-old Malik Fernander around 11pm on November 10, 2022, in Rolleville, Exuma.

Justice Bernard Turner denied the defendant bail on June 9.

During those proceedings, Justice Turner said anonymous witnesses who heard gunshots said they saw Fox fleeing the area with a gun in his hand.

Fernander had been on bail for two murder charges, including allegedly killing Fox’s brother.

In reviewing the evidence in Fox’s matter, Justice Turner concluded the case had the spectre of retaliatory killing. He denied Fox bail out of concern for his life and the risk posed to the public’s safety.

Fox’s lawyer, David Cash, argued to appellate judges that the Supreme Court ruling was unreasonable. He claimed the evidence disclosed in the lower court against his client amounted to hearsay.

Justice Isaacs, however, concluded that Justice Turner relied on his prior experience with similar cases and that the evidence presented to him was sufficient to deny bail.

“The judge employed his common sense and experience to assess the hearsay evidence and utilised that to conclude that the hearsay evidence could be used and that it was cogent – which I understand him as saying that on a preliminary assessment of its strength or weakness for the purposes of bail, it was sufficient,” he said.

“In the premises, I agree with the respondent’s view. There was evidence placed before the judge upon which he could reasonably and rationally base his decision to refuse bail to the appellant.”