Prosecution says accused had previous accusation and one was flight risk; lawyers says they voluntarily went to cops, no risk
In court Tuesday, MOCA said the probe was being widened. The prosecution, in asking that bail be refused, said they were concerned that the accused would interfere with the investigation and that documents would be secreted by them. Further the prosecution said it was seeking to probe several business and the financial accounts of the accused. The prosecution also mentioned a previous conviction of Berry as one of the reasons for refusal of bail. Regarding Gibbs the prosecution said her conduct raises serious concerns in the mind, of her intention to flee the jurisdiction. Further the prosecution said although there is no charge of threat against the accused, there is significant risk that witnesses in the matter will be interfered with.
In arguing for bail, Mr. Senior Smith questioned how His client would interfere with the probe and how, as the prosecution puts it, documents were being secreted. The court was told that in the case of the gas station, based on records found by MOCA following a raid there, if the records are to be taken as complete, the service station would have severe operational challenges. The prosecution said based on the records found, the gas station would not sustain its business in any consistent way. The prosecution said based on that it would suggest that records have already been hidden.
PREVIOUS RESIGNATION
Mr Senior Smith in his argument said Ms Gibbs was a valued member of the Cool Oasis team but who was under severe pressure based on the work load. He said she had tendered her resignation before in December 2013 but was promised help if she withdrew same which she did. He said he was surprised at the picture now being painted of her. Regarding her most recent resignation, he said nobody wants to work in an environment where a bullet turns up in a package and where things were being said. He said when Ms Gibbs was taken off the flight, police would give no information about why she was being removed and he said it was through her own efforts and after contact was made
with her lawyer that some information was received. He argued against her being a flight risk and said she voluntarily turned herself in to police for questioning, with her lawyer.
Berry he said was picked up at his house in Bell Air, Runaway Bay but he said this was done even after dialogue with the lead investigator and arrangements were made to have him report with his attorney. He said the previous conviction of being in possession of bulk petrol (breach of Petroluem Act) had absolutely nothing to do with the current allegation. Berry, he said was fined $8,000 for that offence. Mr Senior Smith said Berry was a father with four children between age 18 and 4 and that he has very strong ties with the church and community.
He said the allegations against his clients were strongly being denied and he said the police had more than enough time to probe the case, adding that the police took Berry’s computers and had the liberty to do what they needed while he was in custody. He argued against his client being held while MOCA was continuing its probe.
Mr Senior Smith argued that there was nothing in the prosecution’s case or what was said in court that would deny his clients bail and he said the magistrate could attach stringent conditions if he placed them on bail.
After a very lengthy hearing, RM Facey said he would reserve his ruling regarding bail until Thursday, November 13 and that he would present same in writing.
In court on Thursday, the accused Berry was not brought in time from the Claremont police lock up for his hearing. The RM made the ruling in the presence of Gibbs, Berry’s wife and one of his lawyers, Mr Senior Smith.
The magistrate said he was denying bail for Gibbs because he was concerned she was a flight risk. He also pointed to the seriousness of the offence and that the investigation was incomplete.
In relation to Berry, the RM said the offence was also of a very serious nature and he made mention of his previous conviction. The RM also said the investigation was incomplete.
Mr Senior Smith said he will be taking his bail application to the Supreme Court.
The court also heard on Thursday that an audit is being done at the company and that bank records for the accused persons are being sought. The defence requested full disclosure in the case.
The accused are to return to court on December 1.
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