The Court of Appeal has reversed a magistrate’s decision to forfeit $40,000 from a 79-year-old man from south Trinidad after his nephew, who he stood as bailor for, missed a court appearance.
Appellate Judges Mark Mohammed and Maria Wilson took the decision on Thursday as they upheld Lennox Parris’ appeal.
According to the evidence in the case, in July 2012, Parris agreed to serve as his nephew’s bailor after he was granted $60,000 bail.
Shortly after accepting the responsibility, Parris travelled to London, England, to attend the 2012 Olympic Games.
When he returned to Trinidad, he was summoned to appear before the magistrate as his nephew failed to attend a hearing of his case. Some of the charges his nephew was granted bail for were subsequently dismissed.
In May 2017, Parris was ordered to pay $40,000 over his alleged failure to ensure his nephew appeared in court as ordered.
He was given 28 days in which to make the payment or face six weeks simple imprisonment.
Responding to the appeal, Assistant Director of Public Prosecutions (DPP) Nigel Pilgrim stated that he could not defend the magistrate’s decision.
Pilgrim stated that in considering whether Parris had taken sufficient steps to ensure his nephew’s court attendance, the magistrates failed to consider evidence that he contacted his other nephew to remind him of his brother’s hearing while he was abroad.
He also noted that the magistrate did not give Parris an opportunity to present his passport to prove that he was abroad at the time of the hearing or present a court extract to show that his nephew was freed of some of the charges.
Noting that Parris did not have legal representation before the magistrate, Pilgrim said: “There was an enhanced duty placed on the magistrate to assist him.”
The appeal panel agreed with the submissions and decided to set aside the magistrate’s order.
The judges commended Pilgrim for his position.
