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Omar Archer pleads not guilty

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Omar Archer outside of court.

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

POLITICAL activist Omar Archer will return to Magistrate’s Court in a month to stand trial in connection with libel and a death threat against National Security State Minister Keith Bell.

The 41-year-old, of Lewis Street, former PLP member and one time chairman of the Bahamas Democratic Movement (BDM), yesterday pleaded not guilty to intentional libel and two counts of threats of death where the alleged victims were the government minister and a policeman.

And while there was a strong objection to bail by the Director of Public

Prosecutions Vinette Graham-Allen, Deputy Chief Magistrate Carolita Bethell exercised discretion and granted Archer a $15,000 bond with reporting restrictions and a strong warning that any reports of publications or threats could revoke his bail.

He appeared before the Deputy Chief Magistrate yesterday who read the charges, all of which were electable offences capable of being tried in Magistrate or Supreme Court.

It is claimed that on or about May 2, he unlawfully published defamatory remarks about Minister Bell and also threatened Mr Bell with death with the intention of putting him in fear of his life.

It is also claimed that he threatened Cpl 1405 Adrian Miller with death on May 3.

Archer denied all the charges and pleaded not guilty, electing to be tried in the lower court.

Last Thursday evening, a long message published on Omar Archer Sr’s dedicated page on the internet website Facebook, included a series of allegations concerning the government, the police and crime in a post that has since been deleted, but was being “shared” across social media.

It concluded with a threat to Keith Bell, Minister of State in the Ministry of National Security: “Those couple bodyguards Bell have and that small gun cannot save him from what is to come. It’s a mad fire ting going on now and he is on top of the list to be executed. I might be dead and gone before it happens but it will happen. From what I understand his face will be shot completely with an AK47 to send a clear and present message.”

Archer was arrested the following day, Friday, around 5:30pm on Dodge Road.

In yesterday’s proceedings, Director of Public Prosecutions Vinette Graham-Allen “strongly” objected to bail being granted for Archer.

Before she could explain a basis for an objection to bail, Archer asked the court for his attorney, Philip Hilton, to be contacted.

Mr Hilton arrived shortly afterwards and informed the magistrate that he was in fact retained by Archer.

The DPP was then given the opportunity to give details of her objection.

She noted that notwithstanding that the current charges did not fall under the recently amended bail act that removed the court’s discretion to grant bail, the court had taken into consideration the allegations and those persons involved.

“The allegations are serious and based on the allegations alone, the Crown is objecting to bail,” she said.

The deputy chief magistrate turned to Mr Hilton and asked: “Tell me why I should grant him bail?”

Mr Hilton began his plea for bail with, noting that the self-employed father of one is “a Bahamian citizen.”

“Does he have any previous convictions?” the magistrate asked.

“No your worship,” the lawyer replied, before adding that his client was “not a flight risk.”

The magistrate asked the DPP if she could verify the accused man’s lack of antecedents.

“There is no previous convictions,” the DPP said after checking.

The magistrate asked for his occupation and Archer answered: “I have government contracts.”

“He’s a landscaper,” his attorney added, further reiterating that there was nothing to say that his client would be a flight risk or should not be considered for bail.

The magistrate asked Mrs Graham-Allen about the circumstances involving the case and the DPP noted that the death threat charges involved “a law enforcement officer who was threatened with death and then you have a government minister.”

She maintained that the allegations were serious and contended the Crown’s objection to bail.

“How soon can you be ready for trial?” the magistrate asked.

“As soon as end of May,” the prosecutor answered.

Deputy Chief Magistrate Bethell asked the attorney if he would be prepared to defend against the charges in a week’s time. Mr Hilton answered that he would need a little more time than that.

He then submitted that the case was no different from other cases involving the charges. The magistrate noted that the state minister of national security was the virtual complainant in the matter.

“The defendant has pleaded not guilty,” the attorney replied.

He submitted it would not be right to deny him bail on that basis alone but noted that “in the circumstances, your worship has the discretion.”

He answered her initial question for a trial date and said he would be ready for June 3.

Taking counsel’s submissions into consideration, and adding that “I do know that threats of death are serious,” the magistrate exercised her discretion and granted him $15,000 bail with three days reporting restrictions to the East Street South Police station.

Deputy Chief Magistrate Bethell added that the two suretors needed to be strong candidates who could ensure he does not breach conditions, for her to grant his release.

She added a warning to his bail as well.

“If it comes to this court’s attention that there are reports of alleged publications or threats, this court will have no hesitation in revoking bail,” she said, before telling the DPP she had the right to appeal the granting of bail.

Archer was remanded into custody until his bond was signed. He returns for trial on June 3.

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