Bahamas Court News

NASSAU- A man who hid 10 pounds of marijuana inside a washing machine has been fined.

Police found the drugs when they executed a search warrant on Mark Gardiner’s home at Tiger Drive in Fox Hill on November 10.

After the discovery, Gardiner said, “Officer, that’s my dope. My family doesn’t know anything about it.”

In his interview, Gardiner told officers that a friend gave him the marijuana after learning he had fallen on hard times.

He intended to sell the marijuana to pay his bills.

Gardiner, a contractor at Roads and Parks, pleaded guilty to possession of dangerous drugs with intent to supply at his arraignment before Magistrate Samuel McKinney.

The Magistrate fined the married father-of-three $9,000 or nine months in prison.

He paid $3,500 immediately to secure his release. The balance will be paid in monthly instalments of $1,000.

If Gardiner misses any of the payments, he will be sent to prison until the money is paid in full.

NASSAU- An accountant stole almost $200,000 to fuel her gambling addiction.

Tabitha Wells stole $198.112.35 from John Watlings Distillery between February 11, 2020 through August 19, 2020.

Wells pleaded guilty to stealing by reason of employment, falsification of accounts and money laundering when she appeared before Magistrate Kendra Kelly for the start of her trial today.

The Court heard she confessed to stealing to fund her gambling habit in August when her boss asked her why vendors hadn’t been paid.

A subsequent audit of the company showed that Wells made unauthorized transfers from the company’s accounts and used the company’s corporate credit card for unauthorized purchases.

She also helped herself to cash from the business’ daily sales.

Wells remains on bail pending her sentencing, which is set for February 25, 2022.

Magistrate Kelly has requested a probation report to help her determine the appropriate sentence.

Damian Gomez, QC, appeared for Wells and Sergeant 260 Vernon Pyfrom prosecuted.

NASSAU- A man accused of raping his girlfriend’s sister has been denied bail.

The 20-year-old resident of Sir Lynden Pindling Estates allegedly took advantage of the 15-year-old girl on November 2.

The assault allegedly took place when his girlfriend left the man home alone with her little sister.

The man was not required to enter a plea to the charge of unlawful sexual intercourse.

He was denied bail and returns to court on December 16.

NASSAU-The Court of Appeal on Thursday ordered a family to pay $10,000 in damages and immediately tear down a fence erected on a neighbouring property.

George Hall, his son Bruno Hall, and daughter-in-law Raquel Hall failed to overturn a decision handed down by Justice Ian Winder in 2019.

Anthony Dean sued them for land trespass and the removal of a chain link fence that enclosed just under half an acre of property.

Gerorge Hall, who admitted to erecting the fence in 2012, counterclaimed and sought title for the disputed property through squatters’ rights.

He argued that he had cancelled Dean’s title by his undisturbed occupation of the land, which he had farmed since 1986.

However, Justice Winder determined that no farming took place as there was just one banana tree on the property.

Instead, he found that Hall had maintained the land “to stop robbers from coming in the area.”

Justice Dean acquired the property when his brother, John, transferred it to him and his now-deceased brother, Jerome Dean, by a deed of gift executed on July 9, 1960.

The property is a portion of a larger tract of three acres located south of lots 52 and 53 Seabreeze.

George Hall bought the lots in 1984. He lives on 52 and his son and daughter-in-law acquired built their home on lot 53 after acquiring the property from him.

Dean’s property was land locked prior to the construction of the Charles Saunders Highway. As a result, Dean and his nephew, Julian Dean, offered Hall an exchange of land to access his property.

At first, Hall was receptive to the proposal. As a result, he hired a surveyor in 1991 to lay out a plan showing a 30-foot accessway along the boundary of lot 52 Seabreeze.

However, Hall later rejected the proposal because his family feared the access would disrupt their peaceful occupation of the land.

In 2001, the Government of The Bahamas compulsorily acquired a portion of Dean’s land to build the highway. They are still in negotiations over the compensation for the acquisition.

Dean discovered the trespass when he decided to sell his property in 2013 and hired realtor Jack Isaacs to draw a plan of the property. The fence was hidden by foliage and only visible by aerial photography.

He sued when Hall refused to remove the fence.

Tanya Wright represented Dean and Christina Galanos appeared for the Halls.

NASSAU – A mother and her boyfriend have been denied bail in the child abuse death of D’onya Bella Walker.

Darion Smith, who was babysitting, has been charged with non-capital murder and cruelty to children, while her mother, Ostonya Walker, has been charged with exposing a child to grievous harm and cruelty to children.

They did not show any emotion Chief Magistrate Joyann Ferguson-Pratt read the charges.

The pair return to court on December 17.

An ambulance was called to D’Onya Walker’s home in Morley’s Subdivision after after 5pm on November 5.

The toddler was rushed to the Princess Margaret Hospital, where she was later pronounced dead.

NASSAU- A murder suspect who pulled a knife on his ex-girlfriend and threatened to chop her up before he damaged her car has been sentenced.

Jason “Pumba” Nottage, 38, went to the woman’s home in Kemp Road on June 29 and met her on the phone.

He didn’t like the expression on her face and asked, “Why you look like that?”

The woman told Nottage that she was talking to her mother.

Nottage snapped, “What that get to do with me?”

Then, Nottage drew a knife and said, “Y’all be f****** joking. I will chop you up.”

Luckily for her, Nottage didn’t carry through with his threat of violence towards her.

However, he shattered all of the windows and the windshield on her Suzuki Swift, which resulted in $1,728.48 damage.

As a result, the woman went to the Wulff Road Police Station to press charges.

Police arrested Nottage on July 1 on Carmichael Road near a Haitian village.

According to the arresting officer Sergeant 558 Enero Davis, Nottage was sitting near an abandoned building when police arrived.

He said Nottage whipped a gun from his waist and threw into a heap of trash.

Nonetheless, Sgt. Davis recovered a Taurus 9mm pistol loaded with 8 rounds of ammunition.

Nottage pleaded guilty to charges of assault with a dangerous instrument, causing damage and threats of harm after his former girlfriend testified about her terrifying encounter.

Magistrate Samuel McKinney jailed him for 18 months. However, Nottage has maintained his not guilty plea with respect to the firearm.

Nottage is currently on remand for the June 30 shooting murder of Marvin “Dumpling” Rolle at Lyon Road.

NASSAU- A marine accused of shooting his ex-girlfriend over the weekend has been granted $18,000 bail.

Able Seaman Ewan Moncur faced charges of attempted murder and causing harm when he made his initial appearance before Chief Magistrate Joyann Ferguson-Pratt today.

The charges stem from a shooting that took place at his home in Millennium Gardens around 2am on November 6.

Prosecutors allege that Moncur tried to kill Crystal Horton when opened fire on the car she was driving as she reversed out of his driveway.

Horton was wounded in the shooting and the Mazda Demio she was driving was damaged.

Moncur took Horton to the hospital.

He reportedly told police he didn’t recognize the car.

Moncur was not required to enter pleas to the charges.

His next court appearance is January 28, 2022.

While on bail, Moncur is banned from having any contact with with the complainant.

He also has to report to the Grove Police Station once a month.

Ciji Smith-Curry appeared for Moncur and Samantha Miah prosecuted.