ROYAL COURT
(Samedi Division)
8 October 1999
Before: F C Hamon, Deputy Bailiff and
Jurats Myles and Allo
AG
v
Colin MacKenzie
Application for bail after entering the following pleas to the counts set out below, and the fixing of 31 January 2000 for the Assize trial:
A plea of guilty to:
1 count of: conduct likely to lead to a breach of the peace ( count 1) and;
A plea of not guilty to:
1 count of: grave and criminal assault (count 2).
Application granted on surety of £2,000, and subject to conditions of (i ) notifying police of change of address; (ii) reporting daily to police. (iii) not entering licensed premises, and (iv) not approaching witnesses.
Mrs S Sharpe, Crown Advocate
Advocate C Fogarty for the Accused
JUDGMENT
THE DEPUTY BAILIFF: This is an application for bail after the indictment.
Since the committal the Crown has dropped its prosecution against a co-accused. The defendant’s assize trial is not until January 31; he is 23 now, but was 21 when the alleged offence occurred. He will therefore have spent almost a year in custody awaiting trial.
The question for the Jury will turn on a Turnbull direction, and it is not in our view helpful for Counsel to say that if the Jury were to find her client guilty, he would stand a very good chance of succeeding on appeal. The injuries suffered by the complainant were horrendous. His leg and ankle were broken, he was very drunk but he apparently identified McKenzie at an identification parade later. There is a CCTV camera shot of three men leaving the Ordnance Yard; the effect of that evidence is not yet clear. There is some other circumstantial evidence.
We are prepared to grant bail. The bail will be for £2,000. You will report daily to the police. You must not approach the victim or any witness for the prosecution. You will notify your address to the police, and any change of address, and you will not go into any licensed premises between now and the date of your trial.
Thank you, Miss Fogarty; you will arrange for the bail to be put up, because your client will not be allowed out until that has happened.
No authorities