Stephens, Phillip v Director of Public Prosecution

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO HCV 05020 OF 2006

IN THE MATTER OF AN

APPLICATION FOR BAIL

FOR PHILLIP STEPHENS

AND

IN THE MATTER OF THE

BAIL ACT OF 2000

AND

IN THE MATTER OF AN

APPLICATION FOR

RELEASE OF MOTOR

VEHICLE TOYOTA HIACE

REGISTRATION NO. 991 3

EQ

BETW EEN PHILLIP STEPHENS APPLICANT

AND THE DIRECTOR OF PUBLIC PROSECUTIONS RESPONDENT

IN CHAMBERS (St. Elizabeth Circuit Court held at Black River)

Audrey Clarke for applicant

Jeremy Taylor for respondent

December 18, 20 2006 and January 23, 2007

BAIL APPEAL, PRINCIPLES APPLICABLE ON APPEAL TO JUDGE IN CHAMBERS,

SECTIONS 3, 4, 8, 9, 10, 11 AND 12 OF BAIL ACT, APPLICATION FOR

RETURN OF VEHICLE, SECTION 18 OF CRIMINAL JUSTICE (REFORM) ACT.

SYKES J.

1. This is an appeal from the decision of the His Honour Mr. Stanley Clarke,

Resident Magistrate for the parish of St. Elizabeth, to refuse to admit to bail, Mr.

Phillip Stephens. His Honour also declined to return the vehicle to Mr. Stephens or

his agent and the application is renewed before me. This latter application is not an

appeal. I refused the appeal and the application to return the vehicle. Judgment

was delivered on December 20, 2006. I state my reason for dismissing the appeal

and application. These are the circumstances that led to this appeal before me.

2. At about 3:30 am on September 15, 2006, a Toyota Hiace motor vehicle licensed

9913 EQ, laden with illicit cargo, and driven by Mr. Phillip Stephens, the applicant,

was wending its way to the tourist mecca, Montego Bay. Aboard were Mr. Kevin

Bailey, Mr. Dwight Palmer and a female who had accompanied Mr. Stephens on his

trip. She has not been charged with any offence. The other two men are now co