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Bail after 5 years - Court finally acts in murder case against brothers

By David Williams, Freelance Writer

ONE OF two brothers jointly remanded without trial for five and a half years on a charge of murder has been offered bail in the sum of $4 million, with two sureties.

Mr. Justice Maurice Reckord yesterday offered bail to Kenneth 'Tony' Myrie, 35, during a submission in chambers by attorney-at-law Cecil J. Mitchell.

Mr. Mitchell told The Gleaner that yesterday's bail application was the second in-chambers submission following one made in March this year. Another three bail applications made previously in open court were turned down mainly because of the seriousness of the charge.

Strict conditions have been attached to the offer of bail, including a requirement that Mr. Myrie surrender his travel documents and report to the Spanish Town Police Station every Monday, Wednesday and Saturday.

In addition, the two sureties for the accused must present letters from a Justice of the Peace and a senior police officer to the court declaring them fit to act as sureties, along with bank statements and property titles to the value of $4 million.

"This is not unusual," said Mr. Mitchell when asked if the sum of $4 million could be viewed as unreasonably high.

"It is a capital charge, the Crown claims to have an extremely strong case against the accused, and they have to ensure that he appears in court when he is scheduled to appear."

Kenneth Myrie is currently remanded at the St. Catherine Adult Correctional Centre, Spanish Town, along his brother Floyd, 22, both waiting to answer the charge of murdering 65-year-old taxi-driver Albert McIntyre in 1996. Floyd Myrie is represented by attorney-at-law, Glen Cruickshank.

In June this year, relatives of the accused men told The Gleaner they felt justice had been compromised by the delay in bringing the matter to trial, as the absence of a police witness had caused 13 postponements of trial proceedings stretching back to October 1999.

To date, a new trial date is yet to be set in the matter.

The case went international last week, when the London-based human rights group, Amnesty International, confirmed to The Gleaner that they are researching and monitoring the case, since there was concern that the pre-trial rights of the accused men have been breached by the unreasonable delay in bringing them to trial.

Karen Miller, girlfriend of the accused, yesterday expressed relief at the news that the father of her two children was offered bail, although she admitted to being initially shocked at the $4 million figure.

"Mi glad him get bail because maybe im son (Kenneth Jr., 5) and daughter (Tony-Kaye, 6) can see im," She said. "Dem doan really know im," said an emotional Miller.

While unsure whether his relatives would be able to post bail, she said she remains hopeful.

The Myries are scheduled to return to court on September 17, when it is expected that a definite date is to be set for the start of their trial. Meanwhile, sources tell The Gleaner that Amnesty International is likely to petition the Government of Jamaica on the matter shortly.

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