Jamaica April 30 2013 A security guard accused of transferring $85,000 from another person's account to his, after which he withdrew some of the money, was last week offered $100,000 bail.
The 22-year-old accused, Odane Smith, was given his freedom after his attorney, Ramona Nelson, presented a strong case as to why he should be offered bail despite strong objections from the prosecution.
source- www.jamaicaobserver.com
The prosecution is alleging that Smith, who had less than $20,000 in his Bank of Nova Scotia account, transferred $85,000 from another customer's account to one of his accounts and then transferred the said amount to another account belonging to him.
The prosecution is also alleging that on the same day that Smith transferred the money he went to the bank and withdrew $61,000. According to the prosecution, Smith was captured on photographs.
However, Nelson, during her bail application in the Corporate Area Resident Magistrate's Court, fiercely challenged the allegations.
Nelson argued that her client had nothing to do with the illegal transfer of funds to his account and that the prosecution had no evidence to suggest that it was he who had transferred the funds to his account.
Further, she said he only found out that he had that amount of money after his account was frozen and he went to the bank to make inquiries. Subsequent to that, she said he turned himself over to the Organised Crime Investigation Division after he was instructed by the bank to do so -- and those actions are contrary to someone who had transferred money to his account.
As to his reasons for withdrawing $61,000 from his account, despite the fact that he did not have that amount, Nelson explained that her client had been expecting an insurance claim and did not think it was strange for the account to be showing that amount.
Following her arguments, Magistrate Lorna Shelly Williams ignored the prosecution's objection and offered Smith bail on condition that he report to the Bridgeport Police Station on Mondays, Wednesdays and Fridays and surrender his travel documents. A stop order has also been placed on him.
Smith is to return to court on May 2.
source- www.jamaicaobserver.com