Three men, who are alleged to have been caught on a CCTV video stealing $990,000 from the car of a businessman, were each granted bail in the sum of $500,000 by parish judge Peter Wilson on Wednesday, September 7.
Bail was granted after the attorney of the three men, Everal Webster in his bail application argued that the video he saw showed no evidence of the men taking any money from the car.
The three men slapped with larceny charges are: 46-year-old Allen Beharie, a farmer and businessman of St Catherine; 37-year-old Jermaine Thomas of Mandeville, Manchester and Patrick Anderson, a businessman and vendor of Greater Portmore, St Catherine.
SEEN ON VIDEO
It is alleged that on August 24, the complainant who is a businessman, went to the National Commercial Bank (NCB) in Ocho Rios, where he collected a sum of $990,000 from the bank. The money was allegedly placed in an envelope and then placed in the trunk of the car by the businessman.
The businessman later drove to the Ocho Rios Parts Centre and later left. He then left Ocho Rios and while proceeding on his journey, he stopped to check the trunk of his car and the money was missing.
The businessman returned to the Ocho Rios Parts Centre and spoke to the manager. A CCTV video was viewed by the businessman and the manager. On the video it reportedly showed three men alighting from a white bus that was parked adjacent to the parts centre.
It is further alleged that one of the men went to the businessman’s car and took out the envelope with the cash.
The matter was later reported to the police and the men were apprehended about six days after the theft of the money.
NO CAR TRUNK OPENED—DEFENSE
Attorney Everal Webster argued that in the video that he viewed, “no car trunk (was) opened.” He further argued that none of the men seen on the video that were his clients went near to the car from which the money was alleged to have been stolen.
“It cannot be that there is another video,” Webster explained to Judge Wilson. He further mentioned that with the withdrawal of $990,000, no withdrawal slip was shown to the defense.
Webster further indicated that the prosecution’s evidence was weak in the case.
“They (the three accused men) are fit and proper persons for bail,” Webster stated.
OBJECTIONS TO BAIL
The crown prosecutor indicated that the complainant’s statement indicated that he saw three men coming out of a white bus and walked over to a security officer and talked to him and one opened the trunk of the car.
However, attorney Webster once again argued that on the video he saw, there was no evidence that any of his clients opened the trunk of the car.
The investigating officer who was present told the court that on the video a man was seen and he went into the car. In the meantime, the crown prosecutor indicated to Judge Wilson that bail was being objected to as time was needed to determine if the men had any other matters before the court. She further said that time was needed to determine the permanent address of the three men. In addition, she admitted to not seeing the video and wanting to see the video to ascertain whether there was a case against both men.
However, defense attorney Webster objected to this as he explained that his clients had been in custody for one week and two days and there was enough time to verify all the concerns the prosecutions had.
“It is unfair and it is a breach of my clients’ privilege to bail,” Webster said to Judge Wilson.
Despite a copy of the video being indicated to have been on the flash drive of the investigating officer, Webster objected to this being viewed as he said that this would not have been in accordance with the Evidence Act.
BAIL GRANTED WITH CONDITIONS
After listening to the arguments of the prosecution and defense, Judge Wilson agreed to grant bail on the basis of the prosecution’s lack of enough evidence.
However, he explained that due to the court not knowing the men’s criminal records, “the court had to protect itself” and strict conditions were attached.
The three accused men, Allen Beharie, Jermaine Thomas and Patrick Anderson were each granted bail in the sum of $500,000 with one to three sureties.
Beharie is to report to the Bridgeport Police Station on Mondays and Fridays from 6 a.m. to 6 p.m., while Jermaine Thomas is to report to the Willimasfield Police Station in Manchester on Mondays and Fridays from 6 a.m. to 6 p.m. The third accused, Patrick Anderson is to report on Sundays and Wednesdays to the Portmore Police Station between the hours of 6 a.m. and 6 p.m.
As a condition of their bail, Beharie, Anderson and Thomas are to surrender all their travel documents and a stop order put in effect. They are also not to return to the parish of St Ann unless to speak with their attorney or for court. They are not to interfere with the complainant in the matter.
The case against the men will be mentioned on December 1. The investigating officer was bound over to complete the case file as four statements were outstanding.
