KINGSTON, Jamaica — A defence lawyer has requested that the prosecution review a submission he made regarding Section 14 of the Firearms Act in the case of murder suspect Nigel ‘Mad Ras’ Bailey, who is accused of two murders in 2023.

Attorney-at-law Maurice McCurdy made the submission before presiding judge Natiesha Fairclough-Hylton when the matter came before the St James Parish Court on Wednesday.

Bailey, who is of Bickersteth, St James, was charged in relation to the October 24 murder of 41-year-old chef, Owen Morris, of Tank Road, Cambridge, St James.

He is also implicated in the December 10 death of 42- year-old Kemar Henry, otherwise called ‘Brukky’ and ‘Diamonds’ of Bikersteth, Anchovy in the parish.

During his submission, McCurdy stated that he had seen a prima facie case in relation to the two murders and that he came with the intention to agree with the prosecution to have the matter committed to the Circuit Court at the earliest opportunity.

The attorney also stated that he recognised his client’s three additional charges and had reviewed the Firearms Act, taking note of specific details that he then shared with the court clerk.

“Mr Bailey was charged with contravening Section 14 (2) of the Firearms Act. Section 14 (2) creates a different offence from Section 14 (3). Section 14 (2) does not apply at all because Section 14 (3) may have come into play at the time when the offence was committed and when he was apprehended,” McCurdy said, noting that when his client was apprehended, a firearm was allegedly discovered, which is what subsection (3) refers to.

He stated that subsection (6) clearly demonstrates that subsections (2) and (3) are distinct offences, before reading the specific sections to the court.

“You cannot charge a person under subsection (2) unless you are able to show knowledge, custody and control. However, subsection (3) does not require the same,” McCurdy explained, adding that his client was charged under the incorrect section of section 14.

“My next point is the issue of custody. When I came here, I was quite curious in respect of whether you can just charge an offender under the Firearms Act because a civilian witness or any witness at all says that they saw a person using a firearm, knowing what the elements of possession entails,” the lawyer said.

Meanwhile, the court clerk stated that they are still waiting for the two post mortem reports, which are critical to the case.   She added that it would take three more weeks to complete the reports and requested an extension of time orally.

In response to the Crown’s request for an extension of time to have the post mortem reports on file, McCurdy pointed out that there are more pressing issues to address and suggested that the prosecution use the additional three weeks to their advantage. He noted that, while a prima facie case has been established for the two murder charges, he does not believe one has been established for the firearm offences. He then requested that the prosecution review his submissions in relation to Subsections 14 (2) and 14 (3) of the Firearms Act.

The judge granted the extension of time until May 29 and remanded Bailey in custody until May 22 when the case returns to court.

In the first instance, police reported that about 12:30 pm, Morris was standing at a business establishment in his community when a white Toyota Fielder motor vehicle approached.

Bailey and another man, armed with guns, reportedly alighted and opened fire on Morris, hitting him all over his body.

The men escaped in the waiting motor car, and Morris was assisted to hospital where he was pronounced dead.

In the second incident in December, Henry was among a group of people in his community when they were approached by men travelling in a Toyota Axio motor car.

Bailey and his accomplices reportedly exited the vehicle and opened fire hitting him in the head.

The police were alerted, and on their arrival, Henry was transported to hospital where he was confirmed dead.

Bailey was apprehended by the police during an operation in Kitson Town, St Catherine, on January 4, this year, and subsequently charged.