The Tribune

By LYNAIRE MUNNINGS

Tribune Staff Reporter

lmunnings@tribunemedia.net

THE Supreme Court has refused to release a 19-year-old accused of attempted murder, ruling that the risks which kept him behind bars last year remain unchanged despite his claim that he was attacked while on remand.

Cristan N Johnson, who is charged with attempted murder and possession of a firearm with intent to endanger life, failed in a second bid for bail after Justice Jeannine Weech-Gomez found no material change in circumstances to justify his release.

The charges arise from an incident alleged to have occurred on December 8, 2023, in New Providence, when Johnson is accused of attempting to murder Barry Knowles and possessing a handgun with intent to endanger his life, contrary to the Penal Code and the Firearms Act.

Johnson first applied for bail in January 2024, telling the court that he had no prior convictions or pending matters and that he pleaded not guilty when arraigned on December 18, 2023, before then acting Chief Magistrate Roberto Reckley. He said he intended to defend the charges at trial.

In that application, he said he had been employed in construction before his arrest and proposed to live at an address on Washington Street if granted bail. He argued that continued detention would hinder his ability to prepare his defence, earn a living and assist his family.

Prosecutors opposed the application, describing the evidence as strong and stressing the seriousness of the alleged offences, which involved the use of a firearm. The crown further alleged that Johnson and the virtual complainant had a long-running dispute dating back to high school and were associated with rival gangs, creating a heightened risk of retaliation if he were released.

The prosecution also warned that Johnson could abscond or interfere with the virtual complainant or witnesses, arguing that no combination of bail conditions could adequately protect the public or the integrity of the proceedings.

Senior Justice Cheryl Grant-Thompson rejected the application on October 30, 2024, finding nothing unusual about Johnson’s detention, concluding that he was likely to be tried within a reasonable time and holding that public safety concerns justified his continued remand.

Johnson later returned to court with a second application, asking the Supreme Court to revisit the decision on the basis of what he described as a change in circumstances. In an affidavit, he claimed that he had been attacked and stabbed by another inmate while on remand at the Bahamas Department of Correctional Services and argued that his continued detention was therefore unsafe and unjustified.

The crown again opposed bail, relying on evidence already before the court and maintaining that there had been no material change in circumstances. Prosecutors submitted that the case against Johnson remained strong and that the risks identified in the earlier ruling persisted.

In dismissing the renewed application, Justice Weech-Gomez reaffirmed that while an accused person is presumed innocent, bail may be refused where detention is necessary to protect the public, safeguard the judicial process or ensure the accused attends trial. She noted that where bail has already been denied, the court must be satisfied that circumstances have materially changed before reconsidering the issue.

The judge found that the evidence advanced in support of the second application was largely the same as that relied on previously. While acknowledging Johnson’s claim that he was attacked in custody, the court noted that no independent or supporting evidence had been produced to substantiate the allegation.

Justice Weech-Gomez also highlighted the seriousness of the charges, eyewitness evidence identifying Johnson as the alleged shooter, the alleged relationship between him and the virtual complainant, and the continuing risk of retaliation.

The court concluded that the concerns underpinning the original refusal of bail remained firmly in place and denied the application.