A St Ann police officer who was charged with assault occasioning grievous bodily harm to a prisoner in custody has had some of his bail conditions lifted to allow travel abroad.
Sergeant Odaine Nelson appeared before the St Ann Parish Court on Tuesday, June 28 when the court allowed him to travel to see his family.
Nelson is accused of beating a prisoner, Luke Murray, in custody and breaking his arm, in 2012.
Nelson’s attorney, Oswest Senior Smith had made a bail application for his client to take a vacation with his wife and children who live in the United States. The accused is expected to travel to Atlanta this month and return to Jamaica on September 10.
He was granted bail by parish judge Peter Wilson on grounds that he returns to Jamaica on September 10 and is in court for trial on September 13. The crown prosecutor, Velma Hylton from INDECOM, was in strong objection to the application. However, they provided “little to no empirical evidence as to why he should be kept from travelling”, according to Judge Wilson.
Nelson’s attorney pointed out that the accused has honoured all his bail conditions, kept the peace, and is a first time offender in a minor offence. He also stated that Nelson still has ties to this country as he lives and works in Jamaica. Senior-Smith also agreed to step aside if Nelson fails to return on the set date.
Stern warnings were issued to Nelson as the judge argued that the offence was not extraditable, and that nothing could be done to bring him back if he did not return. However Wilson said, if the accused decided to abscond bail, much more serious punishment would be put in place upon his arrival. He is to receive his passport on July 14 and is to return it on September 12. It is now being held by police under the previous bail conditions.
Nelson, who was arrested and charged by the Independent Commission of Investigations (INDECOM) was taken before the St Ann Criminal Court and offered bail in the sum of $150,000 on June 18, 2015.
According to reports from INDECOM, Sergeant Nelson arrested Murray in 2012 for using indecent language. Following a struggle between the two, Mr Murray allegedly resisted arrest.
Nelson then called for reinforcement and Murray was taken to the St Ann’s Bay police station. It’s alleged that the policeman used a baton to beat Murray, breaking his arm.
INDECOM investigated the matter and determined that there was no justification for the beating. Defence attorney, Oswest Senior Smith, however, said his client strongly denied the allegations insisting that the report given to INDECOM, by the complainant, was false.
