Last Thursday, we told you about the very shaky start to the murder trial of 30 year-old Nelson Henry. The prosecution's main witness against him is a former police officer, who is not cooperating with the prosecution. And now, Henry's attorney, Oscar Selgado, wants him released on bail.
Now, in 99% of cases, defendants charged with murder aren't eligible for bail, but Selgado has made an application before Justice Adolph Lucas. He told the court that Henry is entitled to bail on two grounds. He submitted that under Section 5 and 6 of the constitution, all citizens have a fair trial within a reasonable time. In this case, Henry has been on remand for 6 years for the murder of Edward Lord Jr.
Selgado also told the court that he is making the application for bail because the prosecution's main witness, former Police Constable Catherine Perteau, cannot be located, and that has caused another delay in the trial. The judge decided instead to issue a bench warrant for her arrest, and he has invoked the powers of the Indictable Procedure Act. This will give the court the power to imprison Catherine Perteau.
As we reported last week, Perteau came to testify in the case, and she remained silent all through Crown Counsel Janelle Tillett's questions. The only thing she said was that she did not sign a written statement that the police alleged that she gave to them. She told the court that the signature on it was not hers.
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