Police Officers out on bail on Manslaughter charge

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Parent Category: Jan 2012

Category: Week end Jan 21st, 2012

Published on Sunday, 22 January 2012 16:21

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Five police officers who are charged with manslaughter are now out on bail after spending two weeks at the Richmond Hill prison.Police Constables 649 Edward Gibson, 675 Shaun Ganness, 237 Ruddy Felix, 748 Kenton Hazzard, and Rural Constable Wendell Sylvester managed to meet the stiff bail requirements that were handed down on them on January 6 by Magistrate of the Eastern District, Nevlyn John.

The five policemen are accused of beating to death 39-year old Grenadian-born Canadian resident Peter Oscar Bartholomew on Boxing Day at the St. David’s Police Station. Bartholomew was at the time visiting Grenada with his Canadian wife, Dollette Cyra Bartholomew for the Christmas holiday.

At the bail hearing at the St. David’s Magistrate’s Court, Magistrate John granted the bail to take effect last week Friday to each of the five policemen in the sum of $100,000 with two sureties to be secured by the deposit of original land title deeds. In addition, the accused policemen were required to surrender all travel documents to the Immigration Department and are not permitted to travel overseas.

They are also required to report to the Criminal Investigation Department (CID) in St. George’s once per week between 9:00 a.m. and 4:00 p.m. The Magistrate also informed the policemen that they are not to visit the St. David’s Police Station or come in contact with the witnesses in the case.

In addition, notification of the bail conditions are to be made to all police stations on the island, as well as the International Police Organisation (INTERPOL). In making her decision on granting bail to the five policemen, Magistrate John indicated that the application before her called for the balancing of justice.

She told the court she has to balance the rights of the accused men who are presumed innocent in the eyes of the law since the court is called upon to preserve law and order in a civilised society. “This tests the strength of the legal system and our democracy,” she told the bail hearing.

Director of Public Prosecutions (DPP), Christopher Nelson who opposed the bail applications that were put forward by defense lawyers, Dr. Francis Alexis, QC, Anselm Clouden, and Cajeton Hood voiced concern about the policemen’s safety if they were granted bail at this time, and the possibility of public disorder. The DPP told the court that the public have been so agitated and moved by the  tragic death of Bartholomew that in his view to release the five police officers on bail is likely to lead to public disorder, and because of the animosity being expressed that can put their security at risk since three of them reside in the Parish of St. David’s.

The DPP also hinted at a level of mistrust within the Royal Grenada Police Force (RGPF).

He told the court that since investigations are continuing, as police officers, the five accused policemen might likely be in communication with their colleagues in the force and they should not be at liberty because the course of justice might be curtailed. According to Nelson, this is a case of unusual circumstances in which five police officers who were on duty on Boxing Day, are now accused of manslaughter that carries a maximum penalty on conviction of 15 years.

He reminded the court that the allegations in the case are that Bartholomew was taken into police custody and is now dead from serious head injuries. Nelson said there can be no serious argument that Bartholomew did not meet his death as a result of the injury while in police custody.

A post-mortem conducted by pathologist, Dr. Nicholas Redhead concluded that the man died from trauma to the head with multiple skull fractures, subdual hemorrhage, and increased intracranial pressure. Gibson, a traffic police officer who is being represented by Dr. Alexis,  was first enlisted in RGPF in 1976 but left the force in 1983.

He returned to the unit in 1988, and according to Dr. Alexis, over those years he has had no allegation of violence against his colleagues, nor against civilians. The defense counsel said his client who resides in St. David’s and is the father of nine, was stabbed in January 2000 while in the line of duty.

Gibson received the injuries while in pursuit of Grand Anse bus conductor, David Noel who had fatally stabbed Police Constable Brent Thomas. Another of the accused, Felix who was the diarist at the time of the fracas inside the St. David’s Police Station is being represented by Clouden.

Felix, 23, resides at Mirabeau, St. Andrew’s, and has been a member of the RGPF for the past two years and nine months. The other three accused police officers, Sylvester, Hazzard and Ganness, are being represented by Hood.

The 30-year old Sylvester resides at Marlmount, St. David’s with two children and his common law wife while Ganness, 35, lives at Mardigras, St. George’s with his two children and girlfriend. Hazzard, 26, who resides at Perdmontemps, St. David’s only graduated from the Police Training School last December. The five accused police officers are to return to court on January 27.

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