A policeman convicted of beating a handcuff-wearing prisoner to death was denied bail yesterday by a judge who deemed him a flight risk in the face of a possible life sentence.
But the cop’s prison sentence may be cut short as his wily defence attorneys plot to have his sentence overturned.
Rather than appeal the sentence outright, lawyers for the murderous cop are trying to beat the system by filing a constitutional motion that can be used by a judge to overturn the guilty verdict. Such “nuisance’ motions are common in The Bahamas, where most judges aren’t bright enough to rule on sophisticated constitutional matters.
Corporal Donovan Gardiner, who was only discharged from the Royal Bahamas Police Force after being found guilty of a heinous crime, will now hear his fate on March 20.
The crafty attorneys for Gardiner include Wayne Munroe, a man who has put more convicted criminals back on the streets of The Bahamas than any other lawyer in the country. Ironically, Munroe is running as a candidate for the DNA in the next general election. Why any Bahamian would vote for a man who has enriched himself at the expense of society is not understood.
But, then again, Munroe’s competition for putting crooks back onto the streets is Phillip ‘Brave’ Davis, who has the gall to run as a candidate for the PLP. It really is frightening to think that these men, who make a living off money form criminals, would be elected to run the country and solve the crime problem. Some might even call their earnings the “proceeds of crime”.
Mr Munroe is seeking to discharge the jury’s 6-3 guilty verdict against Gardiner on the basis of the prosecution’s failure to comply with the provisions in a section of the Constitution regarding disclosure of evidence. Legal experts say that is nonsense.
A nine-member jury, having heard evidence for more than two weeks, convicted Gardiner of causing the death of 28-year-old Desmond Key.
The prosecution claimed that on the Father’s Day evening of June 17, 2007, Gardiner assaulted the father of six with a baseball bat in a cell at the Grove Police Station. Key died of his injuries seven months later in hospital.
Gardiner applied for bail on Monday afternoon, but prosecutor Linda Evans objected to the application. Evans said the verdict had been passed and added that Gardiner faces up to life imprisonment for the conviction.
The prosecutor also said that the seriousness of the offence, along with the possibility of a life sentence, increased the likelihood that the former police officer would flee.
Justice Watkins denied bail for Gardiner and remanded him to Her Majesty’s Prison until he returns to court on March 20 for the constitutional motion. It is expected that through legal trickery Gardiner will be released at that time.
