Five men, who were being held in police custody on suspicion of breaches of the anti-gang legislation, were brought before the Kingston and St Andrew Parish Court on Tuesday after allegedly beating a fellow cell-mate for refusing to answer their questions.

The accused men, Selvin Murray, Michael Weir, Stefano Karram, Saheed Whittaker and Nicholas Hynn, appeared before Parish Judge Maxine Dennis-McPherson to answer to the charge of assault occasioning actual bodily harm.

The allegations are that on August 8, about 7:30 am, the complainant, along with all five accused men, were held in the Half Way Tree lock-up holding area.

One of the five accused reportedly asked the complainant if he was shot at a party in July. When the man refused to answer, he was reportedly punched and kicked repeatedly, fracturing his left arm.

The complainant was rushed to the Kingston Public Hospital where he was treated and released the next day.

The attorney representing all five accused men attempted to apply for bail for four of the men, but the judge denied the application.

Only Murray received bail.

“Your Honor, in light of us waiting on the medical report, I was hopeful the court would be available for bail application today. They have been in custody from the third of August, Your Honour,” The attorney said.

“I’m not entering a bail application right now. They were in custody for something else?” the judge asked.

“Not that I know of, Your Honour. They were just taken up for processing, Your Honour,” the attorney answered.

“So, based on the allegations, whilst in custody, this is when these allegations were made,” McPherson said.

The lawyer advised the court that one of the men had taken responsibility for the assault.

“But the complainant is not saying one, the complainant is alleging that they’re all involved,” the judge responded.

“If you are saying one is taking responsibility it doesn’t mean that the case drops against the other four. Unless the complainant is saying I don’t wish to proceed, the case will go on for the other four.”

However, the court eventually decided to hear a bail application for the four men on September 2.

“People must learn that whilst they are in the care of custody and control of the authorities that they behave [themselves]… This is a warning to all, when you are in custody, behave yourselves,” McPherson said.

The men were then remanded in custody. A fingerprint order was also made.