Lead Stories

Barbara Gayle, Staff Reporter

THE NEW Bail Act came under sharp scrutiny yesterday when Supreme Court judge Courtney Daye granted bail to Detective Sergeant Lloyd Kelly, who is charged with murder in the controversial shooting of a man in Buckfield, St Ann.

Kelly has been granted bail in the sum of $1 million with one or two sureties. He is to return to the Home Circuit Court on September 17 and must surrender his travel documents. A stop order has also been placed on him so he cannot leave the island, and he is to report to the Ocho Rios Police Station in St Ann on Wednesdays and Saturdays.

Kelly is charged with the murder of Ian 'Chen-Singh' Lloyd, who was apprehended on July 29 for the murder of Lovelita Wilson.

Request turned down

Daye turned down a request from the Crown for Kelly to be placed under curfew. The judge also made it abundantly clear that the new Bail Act did not take away a judge's discretion to grant bail to a person who had been in custody for fewer than 60 days.

Crown Counsel Nigel Parke had opposed bail on the grounds that Kelly was a flight risk. Parke referred to the new Bail Act and said that, under the act, Kelly could not get bail because the act states that a murder accused can be held for a maximum of 60 days before bail.

Defence attorney Oswest Senior-Smith, in applying for bail, argued his client was not a flight risk and stressed that the court had residuary discretion to grant bail. He said the issue of self-defence arose in Kelly's case. He said Kelly had a heart condition and had a good record in the police force. He pointed out that the state of the potential evidence the Crown was relying on was non-existent.

Daye, in granting bail, reviewed the Bail Act and and said it did not mean that the judge's hands were fettered to consider bail when a person comes before the Supreme Court. The judge said he suspected the legislation might find itself before the court for interpretation.

The 40-year-old policeman was charged on Monday following a ruling from the director of public prosecutions.

Kelly was the only policeman charged after a video of the incident was aired on Television Jamaica.

barbara.gayle@gleanerjm.com