By LYNAIRE MUNNINGS  

Tribune Staff Reporter

Lmunnings@tribunemedia.net

A Supreme Court judge has granted bail in the amount of $9,900 to a man charged with possessing an illegal firearm, firearm parts, and ammunition.

Kenny Mitchell, who manages an apartment in Freeport, Grand Bahama, was previously arrested last year on similar charges. 

He faces a trial for those offences on November 5, 2024. On October 4, 2024, Justice Andrew Forbes set bail for Mr Mitchell at $9,900, with him or his sureties responsible for this sum.

Mitchell’s bail application, filed on September 24, 2024, revealed that he resides in Freeport, Grand Bahama and is on remand for possession of an automatic weapon, unlicensed firearm parts, and ammunition. He is scheduled for trial on February 25, 2025, and expressed willingness to comply with all bail conditions.

Mitchell’s lawyer, Ms Carla Scott-Clare, argued that he is a law-abiding Bahamian citizen with no prior criminal record. She noted his compliance with previous bail conditions and emphasised that he is the primary caregiver for his mother, who needs medical attention. The prosecution opposed bail, citing Mitchell’s prior charges and alleged re-offending while on bail.

Sergeant Prescott Pinder, representing the prosecution, filed an affidavit on October 3, 2024, detailing that Mitchell was found with a firearm and ammunition during a search on September 19, 2024. The items were allegedly hidden in his apartment. Sergeant Pinder pointed out that Mitchell is the caretaker of the property and has similar charges pending from last year, for which he was already on bail. He argued that Mitchell is not a suitable candidate for bail, given the evidence against him.

Justice Forbes ruled that bail should not serve as punishment before conviction.

“This court has on more than one occasion repeated the principle that bail should not be denied as a punishment for a crime for which a person has not yet been convicted. This principle applies even when the crime is alleged to have been committed whilst a person was on bail,” he said in the judgement. 

He added: “The burden is on those opposing the grant of bail to show why there are good reasons to deny bail to a person charged with an offence.”

Justice Forbes highlighted the principle of presumed innocence while noting the need for public safety measures.

Under the bail conditions, Mitchell must report to the Central Police Station in Freeport, Grand Bahama every Wednesday and Friday by 7pm. 

Mitchell is required to avoid all contact with co-accused individuals and witnesses. Additionally, he must surrender his travel documents and seek court permission if he needs to travel.