Three men from east Port-of-Spain, accused of engaging in gang-activity, have been denied bail over fears that they may intimidate the State’s main witness against them.
Ancil Shawn Villafana, Kevon Isaiah Franklyn, and Keedel Fabian Montrose, all of Beetham Gardens, were all remanded back into custody when they reappeared before Chief Magistrate Maria Busby-Earle-Caddle in the Port-of-Spain Magistrates’ Court, yesterday morning.
Bubsy-Earle-Caddle upheld the claim made by police prosecutors, in passing, after she rejected their previous attempts by them to have the trio denied bail under the provisions of the Bail (Amendment) Act 2019.
Busby-Earle-Caddle claimed that the legislation, which precludes bail for repeat offenders charged with violent crimes, did not apply as all three men had previous convictions for “relatively minor offences”.
Villafana’s criminal record showed that he only had pending charges for marijuana possession and driving without a driver’s permit and insurance, while Franklyn has pending charges for using insulting language and resisting arrest. Montrose has previous convictions for marijuana possession and illegal vending.
Busby-Earle-Caddle also ruled that the section of the legislation, which precludes bail to persons who are accused of committing offences with firearms in their possession, was not applicable as prosecutors failed to adduce evidence to prove their claims.
“Is an audio recording evidence of being in possession of firearms?” Busby-Earle-Caddle asked.
She also claimed that there was no legislation which states that she could not consider bail for them.
“Contrary to popular belief the Anti-Gang Act does not preclude you from bail,” Busby-Earle-Caddle said.
However, she upheld the police’s concern over the trio’s potential to intimidate an eyewitness in the case. As part of her decision, Busby-Earle-Caddle advised the men of their right to apply to a Judge to vary her order.
Before the case was adjourned, attorney Richard Clarke-Wills, who is representing Franklyn and Montrose, requested that she reconsider her decision on bail at the next hearing and request that police bring evidence on the threat to the witness.
The trio appeared visibly upset by the decision as they shook their heads while standing silently in the prisoner enclosure.
“Mam, we have no intention to threaten anybody,” Villafana said.
During the hearing, police prosecutors also revealed some of the evidence they allegedly have against the men. The evidence includes CCTV footage, wire-tapped telephone conversations and a statement from an eyewitness. Prosecutors also revealed they had 30 witnesses to testify in the case.
The information was welcomed by Busby-Earle-Caddle as she noted that the summary of the evidence, previously provided to her and defence attorneys, was “lacking in details”.
Villafana’s lawyer Osbourne Charles, SC, also asked Busby-Earle-Caddle to note that his client had been experiencing health issues at the Maximum Security Prison in Arouca.
Charles said Villafana was isolated and made to stay in a dusty and unsanitary cell.
Busby-Earle-Caddle made the note but said she had no power to make changes within the prison.
Villafana and Franklyn are both charged with being the leaders of an unnamed gang, while all three are charged with providing support to a gang in the commission of gang-related activity.
The offences are alleged to have taken place between September 27, last year, and April 10.
The trio was not called upon to plead to the charges, which were laid indictably.
Shortly after Busby-Earle-Caddle read the charges to the men on Tuesday, she asked them to individually confirm the aliases assigned to them by police.
Villafana denied that he is known as “Chemist” and “Presi”, while Franklyn denied that he is called “Fat Joe”. Montrose denied that he is also called “Fidel”.
Like with the appearances of other persons accused of being gang leaders, security measures at the courthouse were noticeably increased for the trio’s hearing.
Even before they were transported to court in a police convoy, heavily armed police officers blocked vehicular traffic St Vincent Street and only allowed minimum pedestrian access. Officers of the Mounted and Canine Branch were also present with sniffer dogs.
Villafana is also being represented Celeste St Louis, while Adrian Thompson is also representing Franklyn and Montrose.