A Wallerfield man, who has been on remand for murder for almost two decades, is expected to be granted bail next week.
During a hearing of Ogee Tempro’s bail application on Friday, High Court Judge Lisa Ramsumair-Hinds stated that it (the application) was “quite favourable” and that she would deliver her ruling next Wednesday after police officers complete checks on his family’s home.
State prosecutor Danielle Thompson had requested an adjournment of the hearing as she stated that police officers had difficulties in locating Tempro’s family home when they were tasked with conducting investigations relative to his bail application.
Tempro’s lawyer Sophia Chote, SC, pre-empted the move for the adjournment as Tempro’s mother Patricia and sister Kareema, a police officer, were present in her office to answer questions from Justice Ramsumair-Hinds.
Tempro’s mother stated that he could be easily accommodated at the family’s three bedroom home as it is currently occupied by her, her husband and one of her daughters as her other four children including Kareema had moved out.
Tempro’s mother also confirmed that the house had internet service and that she consent to electronic monitoring equipment being installed at her home to facilitate her son being granted bail.
“It would be an honour to welcome my son back,” she said.
Thompson indicated that the DPP’s Office would not be objecting to bail for Tempro as he had no disciplinary infractions whilst on remand in prison.
Kevin Patrick, who like Tempro is accused of murdering Yip Manin Luk but is to be tried separately as the joint indictment was severed, did not appear as lucky as Thompson strongly opposed his bail application.
Thompson pointed out that unlike Tempro, Patrick had several infractions whilst in prison including inciting a riot and being in possession of contraband items.
Thompson also expressed concerns about Patrick’s living arrangements if granted bail as she pointed out that police investigators stated that his family home was located in an area where there is alleged gang activity and numerous reports of shootings.
She also pointed out that the State’s case against Patrick was different to Tempro as he (Patrick) was alleged to have shot Luk.
Based on Thompson’s submissions, Justice Ramsumair-Hinds adjourned Patrick’s bail application to early June to give his attorneys Larry Williams and Shaun Morris an opportunity to make submissions.
The duo is accused of murdering Luk on November 23, 2002
The duo were allegedly robbing Alan Fong and Stephanie Yee Fong’s home in Santa Rosa, Arima, when Luk, who worked for the couple at their variety store, was shot and killed after resisting.
Tempro and Patrick were convicted after a trial in 2009 but their convictions and corresponding death sentences were subsequently quashed by the Court of Appeal, which ordered a retrial.
Presenting submissions on Tempro’s behalf, earlier this week, Chote complained that her client had been waiting 12 years for a retrial due to delays in the criminal justice system.
“It is unconscionable that someone should be awaiting a retrial for 12 years, whether there is a pandemic or not...This is nothing less than an atrocity,” Chote said.
The duo are seeking to benefit from a landmark Court of Appeal ruling on the constitutionality of Section 5(1) of the Bail Act, which previously precluded judicial officers from considering bail for persons charged with murder.
Delivering a judgment in late February, Chief Justice Ivor Archie and two of his colleagues ruled that the legislative provision infringed on the Judiciary’s jurisdiction to consider bail.
Although the Office of the Attorney General applied for the judgement to be suspended pending the outcome of a final appeal before the United Kingdom-based Privy Council due to issues with responding to a multitude of bail applications, such was denied by both the Court of Appeal and Privy Council. The final appeal is set to be heard in early June.
Dana-Marie Smith is also representing Tempro while Rhea Libert is appearing alongside Thompson for the State.
