Beachy Stout co-accused wants earlier court date to attend mom’s funeral
Published:Saturday | December 11, 2021 | 12:08 AMAndre Williams/Staff Reporter
Justice Vinette Graham Allen on Thursday denied a request for a closer mention date to afford a murder accused an opportunity to attend his mother’s funeral.
Defence attorney Ernest Davis had made the plea on behalf of Oscar Barnes, who is jointly charged with 67-year-old Everton ‘Beachy Stout’ McDonald for the July 20, 2020 murder of the latter’s second wife, Tonia Hamilton-McDonald.
Barnes’ mother reportedly died three weeks ago and arrangements are being made for her funeral later this month.
“That will not happen,” Graham Allen replied after the attorney’s plea.
Barnes had been granted bail in the sum of $500,000 in May 2021, pending approval from investigators of his new place of abode.
The court had ruled on September 23, 2021 that the police were to make checks by November 30 and make a determination on the residence, after they had shot down two previous options suggested by his defence.
Davis told the court that three emails were sent to the superintendent in charge of Major Investigation Division (MID) and he did not get a response by the deadline ordered by the court.
He said that he was informed a day later, on December 1, that no one had contacted the police.
Graham Allen adjourned the matter and summoned the police to appear in court to explain why the order was not carried out.
On Thursday, the investigating officer appeared after the break and told the court that his superintendent was not in possession of the location of the potential residence until December 2.
Graham Allen then made a court order for Davis to give the investigating officer a note in her presence with the information so checks can be made to verify the location.
The investigating officer has been ordered by the court to complete checks by December 17.
No available date
The court was not told the date of the funeral. However, the matter relating to Barnes’ residency will again be mentioned December 20.
“Before you set the next court date, My Lady, I am asking you to set a court date wherein you could facilitate Mr Barnes attending his mother’s funeral,” Davis encouraged Graham Allen.
“Look here, that will not happen because the court has no available date other than the one I am going to give. Okay? Understand?” she replied.
“I’m not sure I understand,” Davis responded as the courtroom erupted into laughter.
Both accused were appearing before the court remotely on Thursday.
McDonald will be represented by Earl Hamilton in relation to the death of his second wife, Tonia Hamilton-McDonald. However, he has until his next appearance on February 3 to settle representation in the murder of his first wife, Merlene ‘Petal’ McDonald, who was killed on May 2, 2009.
Meanwhile, the court heard that documents are outstanding in the Tonia Hamilton-McDonald murder case, whereas the Crown is ready to proceed with the Merlene McDonald case.
McDonald was previously represented by Bert Samuels and Matthew Hyatt with regards to the bail application, which had been denied.
Both accused were further remanded – Barnes until December 20, 2021 and McDonald until February 3, 2022.