This story has been updated HERE

By AVA TURNQUEST

Tribune Chief Reporter

aturnquest@tribunemedia.net

BAHAMAS-born Jean Rony Jean-Charles has been released from custody pending the full hearing of the government’s stay applicaton.

Legal counsel for the government agreed to a compromise on the release of Bahamas-born Jean-Charles with an undertaking that he will not be deported.

Loren Klein, QC, initially requested reporting requirements; however, Jean Rony's lawyer Fred Smith strongly objected the conditions of reporting requirements, stating his client is a free man who does not fear due process.

Justice Hilton said he did not see the need for reporting requirement given the circumstances.

The compromise arose after respondents attempted to file supplemental affidavits in support of their stay application, which Mr Jean Charles’ counsel had not been given a chance to review.

Mr Smith said: “If respondents wish to take an opportunity ask for an adjournment seek to introduce new papers I have no objection to that as long as there is no reporting requirement and Mr Jean-Charles is not deported.”

“This is not a bail application,” Mr Smith said. “The invisible leash is perverse. He is fighting to stay in his birth home, the absurdity of a reporting condition is highlighted by those facts.

“There is no law in the Bahamas which requires anybody to produce any form of status. (Reporting requirement) it is to create a prejudice that doesn’t exist in law and we object to it.”

Attorney General Carl Bethel, Minister of State for Legal Affairs Elsworth Johnson, and Deputy Director of Public Prosecutions Kayla Green-Smith sat in the gallery.

Loren Klein, QC, and Gary Francis represented the government, and Mr Jean Charles was represented by QCs Fred Smith and Damien Gomez, and junior partner Dawson Malone.

Ahead of proceedings, Mr Jean-Charles and his sister Clotilde shared a brief emotional moment as she reached out and caressed his face before taking her seat.

It is the first time the pair have seen each other since he was arrested in August last year.

See Tuesday’s Tribune for the full story.