LEONORA, West Coast, Demerara businessman Jarvis Small who was denied bail by Vreed-en-Hoop Magistrate, Ms. Mc Lennan, was granted bail on Monday by Acting Chief Justice, Mr. Ian Chang, S.C. in the sum of $60,000.00.
In his petition for bail  from the Georgetown Prisons, the 32-year old businessman, who operates a Gym at Parafield has denied assaulting Sherena Gopaul and claimed that the youthful daughter of the virtual complainant would  prove that  the injuries alleged received in a fall  were in fact sustained by the VC in a suicide bid.
The petitioner, represented by Attorney-at-law, Mr. S. Zafar also asked the Chief Justice to bear in mind that the offence of assault causing actual bodily harm, was a bailable offence.
The Petitioner had said that he was charged with having on 23rd August, 2010:
“Under section 30 Chapter 8:02, for assault causing actual bodily harm done to Sherena Gopaul on court jacket.J. No. 2896/10 for that he on Wednesday 18th August 2010 at Leonora, in the West Demerara Magisterial District , unlawfully assaulted Sherena Gopaul so as to cause her actual bodily harm.
“  Your Petitioner was represented  in Vreed-en-Hoop  Court, West Demerara Magisterial District  on the said 23rd August 2010,  when the learned magistrate , Her Worship, Ms. Mc Lennan took extraneous matters into consideration and remanded me and adjourned the case for 7th October 2010, a period of 42 days away.
“The said learned magistrate was arbitrary in her decision in not granting bail.  However, the Prosecution, when asked by the learned Magistrate, stated an objection to bail indicating that I posed a flight risk and that I may interfere with the Virtual Complainant.
“In any event, I am advised, that my trial may not take place for about 18 months from now, due to the backlog of criminal cases, and it seems to me that there is a shortage of magistrates on the West Demerara so I strongly doubt whether  I will get a trial  within a reasonable time by any magistrate.

“That Article 139 (4) of the Constitution provides that bail ought to be granted where any person who is arrested  for a criminal offence and who is not  released shall be brought  before a court  within 72 hours of arrest but the police may apply  to the High Court for extension of time; and if any person arrested  or detained  upon reasonable suspicion  of his having committed or being about to commit  a criminal offence  is not tried within a reasonable time,  then without prejudice to any further proceedings  which may be bought  against him , he shall be released either  unconditionally  or upon reasonable condition , including in particular such conditions as are reasonable necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.
“That if this Honourable Court refuses bail I may have to remain in prison until trial completes in 2011.
“In that event, I would have served a sentence without a trial and without a conviction for any offence,” Small said in his petition for bail.

After listening to arguments in Chambers, from the Petitioner’s lawyer Mr. S. Zafar , Chief Justice Chang granted the Petitioner bail in the sum of $60,000.