Terrence Smith opts to stay in prison
A former Bermuda Housing Corporation worker facing a retrial over an alleged fraud was offered bail by Chief Justice Richard Ground yesterday — but chose to remain in custody.
Terrence Smith had his conviction for defrauding the BHC of $1.2 million overturned by the Court of Appeal last November.
He is facing fresh proceedings and has been in custody since he was sentenced to eight years imprisonment in May 2006 after his Supreme Court trial.
Yesterday, Smith appeared at the Supreme Court arraignments session where his case was adjourned until May 1.
His lawyer Patricia Harvey told the court she had filed "special leave" to appeal to the Privy Council in London so was not in a position for a trial date to be set.
It is believed that the application to the Privy Council is to appeal the decision by the Court of Appeal to order a retrial.
Mr. Justice Ground asked Ms Harvey yesterday if she planned to make a bail application on behalf of her client, who was standing in the dock. She replied she had no instructions to do so.
Principal Crown counsel Michael McColm said the prosecution had no objection to bail being granted and Mr. Justice Ground offered Smith bail on the same terms as before his original trial.
But Ms Harvey did not make a bail application and the court later confirmed that Smith, 47, remained in custody.
Also appearing at yesterday's arraignments session was Markus Joerg Staebler, 39, of Paddock Drive, Warwick, who denied thirteen counts of theft and one of stealing.
The details of the charges were not given and the case was adjourned until May 1. Staebler was remanded in custody.
Mario Rashon Pascoe denied misusing telephone facilities, wounding with intent and assault with intent to rob during August 2006. The complainant in the case is Robert Fabian.
Pascoe, whose address was given at an earlier hearing as Cottage Hill Road, Hamilton Parish, had his case adjourned until May 1 when a trial date will be set. His bail was extended.
Dwayne Devon Hayward admitted wounding with intent to do grievous bodily harm. Mr. Justice Ground ordered that a charge of having a machete in a public place lie on file.
A psychiatric report was ordered prior to sentence and the case was set for mention on May 1. Hayward was remanded in custody.
A man who admitted conspiracy to import cannabis resin will be sentenced this morning. Brent Eric Cunningham admitted the conspiracy between an unknown date and February 14 this year.
A charge of possession with intent to supply the same drug will lie on file.
At the same session, defence lawyer Charles Richardson said he would be applying for bail for his client Andrina Smith — convicted last month of the manslaughter of her boyfriend Edward Dill and now awaiting sentence — at a later date.
In the meantime, she was remanded in custody and her case was set for mention on May 1.