Bail denied for defendant in December 10 shooting death

NIGEL ‘MAD Ras’ Bailey, the St James man charged in connection with the December 10, 2023, shooting death of 42-year-old Kemar Henry, has been remanded until March 26 following the St James Parish Court’s rejection of his lawyer’s bail application last Wednesday.

Bailey, who is of a Bickersteth address in St James, is charged with murder in relation to the death of Henry, otherwise called ‘Brukky’ and ‘Diamonds,’who was gunned down by a group of men in his native Anchovy community on December 10.

During Wednesday’s court hearing, Bailey’s attorney, Maurice McCurdy, applied to presiding Parish Judge Sasha-Marie Ashley for bail on the defendant’s behalf, citing issues with how the prosecution’s witness reportedly identified his client.

“It is almost as if she [witness] is convicting him already without even telling the police that ‘indeed, I saw him shooting X, Y, and Z ,’ and she has not said that. I say that to say the case for the Crown is tenuous at most, very, very tenuous … . I am confident that when the matter is so called for trial, and I will appear for Mr Bailey, we will test these things,” said McCurdy.

BAIL APPLICATION REJECTED

But in rejecting the bail application, Ashley noted that one mitigating factor against Bailey was that he was reportedly held in St Catherine following Henry’s murder.

“This is a matter that occurred in the afternoon, so lighting is not an issue, and the Crown is relying on circumstantial evidence to establish that you are responsible for the death of Mr Henry. They are saying that the evidence comes from a credible source because it’s someone who knows you,” Ashley explained directly to Bailey.

“The Crown is also saying that though you would have resided in Bickersteth, St James, you were found more than a month later in a St Catherine district, and this raises the real possibility that you are a flight risk. I have listened very carefully to your attorney, but at this time, this court deems you unsuitable for bail. You are remanded in custody,” Ashley added.

Subsequently, McCurdy voiced his intention to appeal the refusal of bail for Bailey and asked that the judgment be granted to him in writing to that end.

The matter was then set for March 26 to allow time for the prosecution’s case-file to be completed.

According to the allegations, on December 10, Henry was among a group of people in the Anchovy community when they were approached by men travelling in a Toyota Axio motor car.

Bailey and his accomplices reportedly exited the vehicle and opened gunfire, hitting Henry in the head, before making their escape. The police were summoned, and Henry was transported to hospital, where he was pronounced dead.

Bailey was apprehended by the police during an operation in Kitson Town, St Catherine, on January 4, and was subsequently charged with Henry’s murder.

He was also charged in relation to the October 24 murder of 41-yearold chef Owen Morris, of a Tank Road address in Cambridge, St James. However, that matter was not before the court on Wednesday.

Allegations relating to Morris’ killing are that he was standing at a business establishment in Cambridge when a white Toyota Fielder motor vehicle approached. Bailey and another man, armed with guns, alighted and opened fire at Morris, hitting him all over his body.

The men escaped in the waiting motor car, and Morris was assisted to hospital, where he was pronounced dead.