Buju bail decision delayed

Lawyers representing Jamaican music icon, Mark 'Buju Banton' Myrie, remain hopeful that he will be granted bail after a judge yesterday reserved ruling on his bail application.

Judge Anthony Porcelli yesterday said he would make a ruling next week after thoroughly reviewing the arguments put forth by the defence and prosecution.

In a hearing that started at 11:37 a.m. and was finished shortly after midday, lawyers for Buju urged the court to grant him bail with home detention in South Florida, electronic monitoring and a bond of US$250,000.

But prosecutors remained adamant that Buju was a flight risk and should not be released on bond.

Buju now remains in custody in Florida, where he has been held since being arrested last December on charges of conspiracy to possess cocaine and possession of a firearm while carrying out a drug offence.

Mistrial

His lawyers, led by David Oscar Markus, have argued that a hung jury which resulted in a mistrial when Buju faced the court two weeks ago is a significant factor in whether his pretrial detention order should be revisited.

Pointing to legal authorities, Markus argued that, "Continued detention after a mistrial has serious due process implications ... . The Bail Reform Act was never intended for this type of lengthy detention."

But prosecutors have urged the court to dismiss the bail application, as his lawyers have presented "no legal support for his request and wholly ignores this court's earlier order of detention".

Said assistant US attorney James Preston Jr: "The defendant has presented nothing new, other than a hung jury, for the court's consideration."

Preston Jr said Buju had failed to rebut the presumption that no condition or combination of conditions would reasonably assure that he was not a flight risk.