By JADE RUSSELL
Tribune Staff Reporter
jrussell@tribunemedia.net
A MAN accused of killing a Bahamas Department of Correctional Services officer has had his bid for bail revived after the Court of Appeal set aside a Supreme Court judge’s refusal and ordered the application to be reheard.
The appellate court overturned the denial of bail to Michael Petty Jr, who is charged with the murder of prison officer Ashantino Johnson, finding that the original hearing was marred by procedural errors.
Petty was arrested and charged with one count of murder and two counts of attempted murder. He had applied for bail on an urgent basis, arguing that he faced genuine safety concerns while in custody because the deceased was a law enforcement officer.
In November 2025, a Supreme Court judge rejected that application, ruling that it did not meet the strict threshold for urgency and that Petty had failed to show he would be in danger if remanded to Fox Hill Prison. The judge ordered that he remain in custody for his own safety and protection. Petty appealed.
Allowing the appeal, the Court of Appeal found that the judge erred by relying on a Tribune newspaper article that was never admitted into evidence. The court also held that, having determined the application was not urgent, the judge should not have proceeded with the hearing without first giving the prosecution an opportunity to file evidence.
The appellate court said that while hearsay material may be relied upon in bail applications, such information must still be properly placed before the court so both sides can address it.
“It has been well established that a person who is arrested and charged with an offence could be detained in custody. However, the Crown must satisfy the court based on evidence that the detention of the detainee is required in the interest of justice,” the judgment said.
Because of those procedural missteps, the court concluded that the bail refusal could not stand. It ordered that Petty’s bail application be fully reheard before a different Supreme Court judge, emphasising that it made no determination on whether bail should ultimately be granted.
The ruling was delivered by Court of Appeal president Justice Evans, sitting with Justice Turner and Justice Hilton.
Petty remains in custody pending the rehearing of his bail application.
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