Police concerned about repeat offenders being granted bail

Nov 22, 2021 News

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Kaieteur News – Repeat offenders, being granted bail when they appear in court, is a major challenge, the Guyana Police Force (GPF) has said.
This was highlighted by the force during the recent launch of its Christmas security plan. Bail is a cash bond for a person to be temporarily released from custody pending trial. It should be noted that not all criminal offences are bailable and not everyone that appears in court for bailable offences is placed on bail.
However, while repeat offenders being granted bail when they appear in court is a challenge to the GPF – it should be noted that bail is often granted at the magistrate’s discretion and it is sometimes granted with conditions attached to it based on the request of the prosecutor. Some conditions that come with bail are for the defendant to report to an identified police station and/or lodge their passport.
Some magistrates also take into consideration the fact that the offence the defendant is charged with is a bailable offence. Some bailable offences are: larceny charges such as ‘simple larceny,’ ‘larceny from the person,’ ‘break and enter and larceny;’ assault charges; threatening and abusive language. In some instances, bail is granted for serious offences like sexual assault charges, rape, carnal knowledge, and even causing death by dangerous driving.
According to section 82 of the Criminal Law (Procedures) Act, “Where the offence with which the accused person is charged is a misdemeanour punishable with fine or with imprisonment for any term not exceeding two years, the accused person shall be entitled to be admitted to bail as hereinafter mentioned.”
“Where the offence with which the accused person is charged is a misdemeanour punishable otherwise than as in this section before-mentioned, or, subject to the exceptions hereafter in this section mentioned, is a felony, the magistrate may, in his discretion, admit the accused person to bail as hereinafter mentioned.”
Kaieteur News has reported frequently in the past on repeat offenders appearing at the Georgetown Magistrates’ Courts. Last week, repeat offender, 20-year-old Daniel McArthur, a security officer of Lot 22 South Vryheid’s Lust, East Coast Demerara, was jailed for robbery under arms, and for the illegal possession of a firearm and ammunition.
McArthur appeared in the Sparendaam Magistrate’s Courts before Magistrate Dylon Bess. He was charged with robbery under arms, two counts of unlawful possession of a firearm, and two counts of unlawful possession of ammunition.
In May last, then 19-year-old McArthur was placed on $150,000 bail for allegedly snatching two gold chains from a woman which valued $224,000. On October 25, 2019, McArthur made his first court appearance before Senior Magistrate Leron Daly in the Georgetown Magistrates’ Courts.
He was jointly charged for allegedly robbing Ethan Muckoo on October 17, 2019, at Camp Street, Georgetown, of a Samsung Galaxy cellphone valued at $280,000, and an $80,000 iPhone. McArthur, and his alleged co-accused, Shawn Inniss and Harcarlaus Harris, all teenagers at the time, denied the charge after it was read to them.
At that same hearing, McArthur was also charged separately for robbing Juliet Wills of a brown handbag valued $5,000, a cell phone valued $65,000 and $2,000 cash on October 11, 2019. They were all remanded to prison.
For another court appearance, the defendants’ guardians had appeared in court and had pleaded for leniency from the Magistrate. The teens had promised the magistrate that they will not get involved in any other matter and that they will change their lives around, if granted bail – this led to bail being granted.
However, in May 2020, Senior Magistrate Daly revoked McArthur’s bail and remanded him to prison after the court was informed that he is wanted for questioning at the Sparendaam Police Station in relation to another robbery matter.
In another matter, 24-year-old businessman, Micah Sonaram of Lot 2273 Flying Fish Street, North Ruimveldt, Georgetown, had faced the court on several occasions for fraud related charges.
The alleged serial fraudster, managed to secure bail on all his previous matters except when he appeared before the Chief Magistrate Ann McLennan in July last, when she remanded him to prison.
During all his court appearances he denied the charges that were read to him. The first charge alleges that on November 3, 2020, at North Road, Georgetown, while being solely entrusted with $1 million by Yohance Smith to purchase and deliver one Bobcat, he fraudulently converted the money to his own use and benefit.
The remaining charges allege that on November 13, 2020 and November 20, 2020 at North Road, Georgetown, while being solely entrusted by Smith with $35,000 and $1 million to purchase an electric control joystick and 210-model excavator respectively, he fraudulently converted the money to his own use and benefit.
On a previous appearance, he had pleaded not guilty to the charge, which alleges that on November 4, 2020 at North Road, Georgetown, while being solely entrusted with $7 million by Steve DeCosta to purchase and deliver one excavator, he fraudulently converted the money to his own use and benefit.
Prior to that, Sonaram faced three similar charges, after he reportedly defrauded several persons using his social media business page, Parts Zone Gy, which advertises that he ships parts and machinery. It was also reported that he faced two fraud charges which alleged that he defrauded persons of over $11 million.
During December 2020 he was charged for defrauding a businessman of $4.5 million and in 2017 he was charged for defrauding another man of over $5.8 million.

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