POLICE Cpl. Kevin Smith, whom Magistrate Miss Judy Latchman last Friday sentenced to 18 months’ jail for assault causing actual bodily harm, has appealed his sentence and was yesterday granted bail in the sum of $150,000 by acting Chief Justice Mr Ian Chang, SC., pending the hearing of his appeal.

The hearing of the petition for bail, which was filed by Smith’s reputed wife Decota Hinds, was heard in Chambers yesterday, where arguments were produced by attorney-at-law, Mr. Adrian Thompson for the petitioner, who argued that the Learned Magistrate had failed to take into account the defendant /appellant’s defence that he was in charge of a police patrol of three other policemen, and was acting in the course of his duties when the VC made the allegation of assault, which the defendant/appellant has denied.

The lawyer also argued that, alternatively, the defendant /appellant was a first-time offender, and the sentence of 18 months’ imprisonment was too severe.

He further said that the defendant/appellant has never been in problems with the police, has no previous convictions, and has never previously been charged.

Thompson said that on August 2, 2013, the defendant appeared before Her Worship, Magistrate Judy Latchman, to answer the charge of assault causing actual bodily harm. The defendant /appellant was charged along with Jermaine Smith, Marlon Gonsalves, and Wilmert Watts. The defendant pleaded not guilty, and was admitted to bail in the sum of $250,000.00

On August 2, 2013, the defendant /appellant was found guilty by Magistrate Judy Latchman, and was sentenced to 18 months’ jail.
A notice of appeal was filed on the defendant’s behalf on August 5; and a petition for bail pending hearing was heard and determined.