A 33-year-old man from Morvant, who is accused of murdering his nephew’s father after he (the victim) allegedly threatened to kill his relatives, has been released on $1 million bail.
On Thursday, High Court Judge Geoffrey Henderson upheld a bail application brought by lawyers representing Roderick Henry, of Angelina Terrace, Morvant.
Henry is accused of murdering Calister Mollineaux.
According to the evidence in the case, on February 26, 2019, Mollineaux reportedly had an argument with Henry’s sister, during which time he allegedly threatened to kill her and their son.
Henry reportedly intervened and Mollineaux was stabbed with a knife during their altercation.
Mollineaux was taken to hospital for treatment but succumbed to his wounds almost a week later.
Henry surrendered to the police and was charged with the crime.
In upholding his bail application, Justice Henderson noted that Henry, who had a clean criminal record before being charged, could raise self-defence at his eventual trial.
As part of the conditions of his bail, Henry was ordered to surrender his passport and report to the Morvant Police Station every Monday and Friday until his case is determined.
Justice Henderson also warned Henry that breaches of his bail conditions could lead to it being revoked.
Henry now joins a short list of murder accused who have benefited from a landmark Court of Appeal ruling in a constitutional lawsuit brought by former murder accused Akili Charles, over the ability of judges to consider bail for murder.
Delivering a judgement in late February, Chief Justice Ivor Archie and Appellate Judges Mira Dean-Armorer and Malcolm Holdip ruled that Section 5(1) of the Bail Act of 1994, which previously precluded judicial officers from considering bail for persons accused of murder, was unconstitutional.
The appeal panel ruled that the segment of the Bail Act was not reasonably justifiable in a society that is concerned about the rights and freedoms of the individual.
Their judgement in the case has since been upheld by the Privy Council. Charles was murdered days after the decision was delivered in late July.
Henry was represented by Israel Khan, SC, and Arissa Maharaj, while Danielle Thompson represented the Office of the Director of Public Prosecutions (DPP).