Two accused of stealing cable wires from FLOW

November 17, 2022

An attorney-at-law has chided the slow process of the island's criminal records office, opining that it is particularly unfair for persons to languish in custody before being offered bail, as they wait for the antecedents to be made available to the court.

"The continuous lack of antecedents does not deliver a fatal blow to a bail application and I am hard-pressed to say, Your Honour, in this matter, it seems that it has. It has been three occasions since the court has asked for the antecedents and they are still here, still in the same place," Damian Heslop submitted in the Kingston and St Andrew Parish Court on Tuesday.

Heslop represents Shane Henry, a taxi operator who was allegedly caught attempting to steal copper cable wires, the property of FLOW Jamaica.

Henry is charged along with Tovonia Nehmbhard for conspiracy to simple larceny, malicious destruction of property, conspiracy to malicious destruction of property and attempt to simple larceny.

The court heard that on August 27, police were on patrol in Pembroke Hall, St Andrew, when upon reaching an intersection of Colbeck Avenue and Ken Hill Drive, both accused were seen attempting to remove the wires from a manhole.

When cautioned, it is alleged that Henry said, "Offica, please nuh seize di car, mek we talk," while Nehmbhard allegedly said, "Me have four pickney, me nah guh jail wid yuh."

A fingerprint order was made for both accused on October 3, following a part-heard bail application.

Prosecutors indicated prior that investigators were opposed to bail, as they theorise that Henry forms part of a syndicate operating from St Catherine, that steals copper cable wires belonging to telecoms providers, FLOW and Digicel.

"I am not sure about the suspicion by the police and I would ask that that should not be sufficient to cause the court to believe that if he is granted bail, he would not make himself available," Heslop urged further.

Similarly, Yanique Watson, defence counsel for Nehmbhard, submitted that her client worked in a wholesale and should be viewed as a fit and proper candidate for bail.

Henry was offered $500,000 bail with at least two sureties and was ordered to report to the police daily. Nehmbhard was offered $300,000 bail with at least two sureties. She was ordered to report to the police twice weekly. They are to surrender their travel documents and were made subjects of a daily curfew. A stop order was also imposed for Henry and Nehmbhard.

They are to return to court on February 24 and 28, 2023, when the matter is set for trial.

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