By PAVEL BAILEY
Tribune Staff Reporter
pbailey@tribunemedia.net
THE Supreme Court has denied bail to 23-year-old Dana Guillaume, who faces charges of murder and two counts of attempted murder.
The decision was handed down by Justice Andrew Forbes, who cited the serious nature of the offences, the strength of the evidence, and concerns about public safety and witness interference.
Guillaume, a Bahamian citizen, was charged with the crimes following an incident in July 2024. He was accused of fatally shooting one person and injuring two others at a local establishment.
According to an affidavit submitted by Corporal Harris Cash of the Royal Bahamas Police Force, an anonymous eyewitness identified the accused in a 12-person line-up. The witness reportedly saw a man, known as “Black Boy,” carrying what appeared to be a firearm before hearing gunshots. The witness’s account said: “While at an establishment, I saw an individual, identified as ‘Black Boy,’ brush past me holding something that appeared to be a firearm. Moments later, I heard several loud popping sounds from the area the individual had headed toward.”
Justice Forbes, in his ruling, highlighted the gravity of the allegations.
“Murder and attempted murder are sufficiently serious offences as the accused may face harsh penalties if convicted,” he wrote. “The nature and seriousness of an offence weigh heavily against the grant of bail.”
Guillaume, represented by Nathan Smith, maintained his innocence and argued for bail. His attorney emphasized that Guillaume has no prior convictions or pending matters and is willing to comply with any conditions imposed by the court. In his submission, Mr Smith said: “Every person accused of an offence is innocent until proven guilty. The court must assess whether the applicant will appear at trial and whether the public interest is at risk.”
Mr Smith also challenged the reliability of the identification evidence, noting that the witness identified the accused under poor lighting conditions and by a nickname. He argued that the prosecution had not provided sufficient evidence to suggest that Guillaume would abscond, interfere with witnesses, or pose a risk to public safety.
On behalf of the Crown, Sean Norvell Smith argued that the severity of the charges and the strength of the evidence warranted detention. He contended that the anonymous witness’s testimony, coupled with the identification of Guillaume in a line-up, constituted “strong and cogent evidence.” Mr Smith further noted that no conditions of bail could sufficiently mitigate the risk of further offences or witness interference, particularly given the small size of the community involved.
Justice Forbes acknowledged the constitutional presumption of innocence but stressed that public safety and the integrity of the judicial process must also be considered. He said: “The primary consideration is whether the accused will make himself available for trial. This cannot be answered in the negative simply because the person is charged with a serious offence. However, the court must also assess whether conditions can ensure attendance and prevent risks.”
The judge noted that there has been no unreasonable delay in the case thus far, with Guillaume’s next court appearance scheduled for January 2025 for the service of a Voluntary Bill of Indictment. However, he advised that if the trial is not scheduled within a reasonable time, the applicant may reapply for bail.
Justice Forbes wrote: “Given the audacity of the alleged crime and the potential for witness interference, the court is not satisfied that bail conditions can sufficiently address these concerns. Therefore, the application for bail is denied.”
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