By Tahna Weston
The outcome of a bail hearing for a man jointly charged with his female partner for unlawful possession of over 100 rounds of ammunition was very different, as he remains in prison while she was granted bail.
Jowato Athill and Adiva Collins appeared in the High Court yesterday where their bail application was heard in open court before Justice Tunde Bakre.
Athill and Collins were arrested on September 26 after the police executed a search warrant at Athill’s home, where Collins was visiting from the night before.
They were taken before a magistrate on September 30 when they were denied bail and placed on remand at His Majesty’s Prison.
Because a magistrate has no jurisdiction to grant bail for gun and ammunition offences, the duo’s attorney Andrew O’Kola had to make an application in the High Court.
In making his application for bail, O’Kola relied on the Constitution of Antigua and Barbuda, the Bail Act 2019 and the Eastern Caribbean Supreme Court (ECSC) Bail Rules 2023. He also used several legal authorities to support his arguments including a 2006 bail application for former government minister Hilroy Humphreys.
O’Kola argued that the duo has a constitutional right to bail, citing the presumption of innocence and noting that neither Athill nor Collins has prior convictions or other pending charges and they are first time offenders.
“The test in respect of bail, for bail to be granted, it is my submission my lord and it is a settled law that the proper test as to whether a court should grant bail or refuse certainly at common law is whether that the defendant will appear for his or her trial; and that bail is not to be withheld merely as a punishment.
“The fundamental principle for consideration for application of bail in Antigua and Barbuda … every person is … entitled to his or her liberty-that every person in Antigua and Barbuda who is charged with a criminal offence is presumed to be innocent until he or she has been proved or has pled or pleaded guilty,” O’Kola said.
O’Kola in his application also made mention of the recently gazetted provisions concerning the granting of bail for firearm offences due to the prevailing circumstances with regards to crime and violence in the country.
He said there is now more onerous sentencing as it relates to firearm related offences, which should in no way affect the court’s decision as it pertains to the granting of bail.
According to the attorney, there is authoritative guidance in respect of how the court is to approach an application for bail as it pertains to the seriousness of the offence based on guidance from the Privy Council.
O’Kola asked the court to consider bail based on the ECSC rules which point to the overarching principle that persons are innocent until proven guilty and that bail must not be unreasonably withheld. He added that cogent reasons must be shown for keeping a person accused of committing an offence in custody.
In her response, Director of Public Prosecutions (DPP) Shannon Jones said she was not objecting to bail for Collins as she was a visitor at Athill’s home when the police executed the search warrant.
Jones said it was up to the court to consider the circumstances of the offence in granting bail including the fact that the police found 118 rounds of different types of ammunition underneath the bathroom sink in Athill’s home. She also cited that even if the prosecution does not object to bail the court, in its discretion, can refuse to grant bail based on the facts of the case.
However, after hearing the legal arguments, Justice Bakre placed Collins on bail in the sum of $5,000 with two sureties. She has to report to the nearest police station three days each week and was also interested that she, along with Athill, has to attend their court hearing on December 10.
Athill, on the other hand, was denied bail with Justice Bakre pointing to the fact that the police had to force their way into the house although Athill and Collins were at home.
The duo was taken into custody after the discovery of the ammunition and later charged. Collins had told the police that she knew nothing about the ammunition because she was only visiting the home and had decided to stay overnight — a story which Athill corroborated.