Teen Granted Supreme Court Bail in Dangriga Stabbing Case

A 19-year-old high school student from western Belize has been granted Supreme Court bail after Justice Candace Nanton found special reasons to release him.  The teenager, Al Henry Westby, has been charged in connection with the Garifuna Settlement Day stabbing in Dangriga.  The fourth-form student, who had been remanded to the Belize Central Prison earlier this week, secured bail of $6,000 plus two sureties of $3,000 each. The court considered several factors, including his young age, his status as a full-time student, and critically, the sworn affidavit of the victim, who insists police detained the wrong person.  According to the attorney for the accused, Orson Elrington, the victim has been trying to convey to the Police that they have charged the wrong man but apparently the investigators have not taken heed.

Orson Elrington, Attorney: “When he was questioned by police, first indicated that he could not say who stabbed him. He could not say, he did not know the person who stopped him. Most importantly, he did not say that he did not, he could not identify the person who stopped him. He was saying that he could not say who it was, he did not know who the person was. So subsequent to the victim coming out the hospital I believe it was either on the 21st which was the saturday….well whenever he came out, it should have been on the 21st, a day or two after he was shown a photo of the person who had been in custody and been charged at that point and time or who they said they were going to charge at that point and time for attempted murder and he indicated that no that is not the person who stabbed me. Thereafter he attempted to go to the police station on Saturday, on Sunday and on Monday to make a further statement to state categorically that the person who they had in their custody and who they had charged was not the person who inflicted the wounds on him. Regrettably, the police refused to take the statement and he was still subjected to being charged with attempted murder and of course being incarcerated and I believe taken up today, in fact, I believe he was taken up to the Hattieville prison. Thankfully, the High Court, in considering his bail application, felt as though that special reasons were made out because to be able to get bail for attempted murder, you have to make out special reasons before the High Court and the court felt as though special reasons had been made out and in considering the fact that he is a high school student, the fact that he had an unblemished criminal record, that they would grant him bail. Of course, bail is still being granted on very stringent conditions.”

The victim, who is believed to be 18 years old, stated in his affidavit that he was stabbed twice in the neck by someone dressed in black near the stage at Islands Bar on the night of November 19. He told police the attacker was unknown to him. After leaving the hospital, when shown a photograph of the accused teen, the victim immediately stated that the young man was not the person who stabbed him.  Justice Nanton accepted that the case met the threshold for “special reasons” and ordered the student’s release with strict conditions. He must report weekly to the San Ignacio Police Station, continue residing with his father, attend all court hearings in Dangriga, refrain from contacting the victim or witnesses, and remain in Belize unless granted permission by a Supreme Court judge.  Crown Counsel Maria Santana-Nembhard, appearing for the Office of the DPP, did not object to bail.  The victim’s affidavit ends with a direct plea to authorities, declaring he is acting of his own free will and asking that the charges against the student be withdrawn, insisting the young man is innocent.  The case will continue before the Dangriga Magistrate Court as the investigation is expected to be revisited in light of the victim’s sworn statement.