The failure of the police to provide an updated criminal background trace on the man allegedly held with a gun at Gasparillo Secondary School resulted in his remaining behind bars. Jerome Mahabir, 24, was remanded in custody for a second time despite an objection by his attorney Ainsley Lucky, who submitted that it was unfair to his client.
Mahabir first appeared in the San Fernando Magistrates Court before Magistrate Margaret Alert on three charges—common assault against two 14-year-old schoolboys and possession of a .380 revolver. The incident took place on December 4. Mahabir was arrested at the school. The police provided a tracing which showed he had two pending matters and one conviction.
But Mahabir, a glass installer, of St Margaret’s Village, Claxton Bay, denied having pending matters. The magistrate remanded him in custody so the police could provide an updated trace. When he reappeared yesterday, however, prosecutor Cleyon Seedan said the charging officer, WPC Sarah-Jane Dindial, was unable to attend court because she was sick. “That is unfortunate, but it is also very unfortunate for my client,” said Lucky, who asked the court to accept Mahabir’s word that he had no pending matters.
Deputy Chief Magistrate Mark Wellington asked: “Is this the school matter? “And you expect me to grant bail just so, without tracing?” Lucky asked for his objection to be recorded, but the magistrate reminded him that a person could be remanded into custody for 28 days for tracing.