ST JAMES, Jamaica— A man who was charged alongside his son with the fatal shooting of 36-year-old security guard Nastacia Smith and the injury of her female relative at their home in Flower Hill, St James in March this year, has been granted bail.

Wilford Cooke, 57, otherwise called ‘Kong’, of Flower Hill district in the parish, was granted bail in the sum of $600,000 following an application by his attorney.

He is jointly charged with 21-year-old Lavaughn Cooke, otherwise called ‘Jah Jah’, for the offences of murder and wounding with intent. They are being represented by attorney-at-law Henry McCurdy.

During Thursday’s bail hearing, the court clerk expressed concern that following the commission of the crime, the younger Cooke left the area and went to Westmoreland despite being aware that he was being sought after, and only turned himself in a month later.

The crown was also concerned about the account provided by the eyewitness, who claimed to have seen both men with guns at her house at the time when she was shot and that she is still expressing fear.

McCurdy, on the other hand, argued that his clients posed no flight risk.

“He [Lavaughn] called his lawyer, and his lawyer took him in when he found out that the police were looking for him. I humbly submit that these men are not a flight risk and should be granted bail in a reasonable sum,” McCurdy said.

Meanwhile, presiding judge Natiesha Fairclough-Hylton expressed concerns about the elder Cooke, who was not identified during the confrontational identification parade despite allegations made against him.

“Allegations have been made against Mr Cooke that he was one of the shooters in relation to this matter, but the witness who identified him as the shooter goes on an identification parade and does not point him out as the shooter. I find that to be very curious, and it weakens, in some aspect, the strength of the evidence against Mr Cooke,” Fairclough-Hylton said.

The judge reiterated her point from Wednesday, claiming the defence argued that the elder Cooke was known to the witness, but his name was not mentioned in the report.  The complainant made reference to “Lavaughn Cooke and another man.” This, according to the judge, weakens the prosecution’s case.

Fairclough-Hylton further noted that, despite not being identified in the confrontational parade, he remained in the area and voluntarily surrendered to the authorities when he was made aware of the allegations, and that he does not appear to be a flight risk.

Based on the judge’s concerns on Wednesday about why the father was referred to as “the other man”, the officer explained that the witness named him by his alias and that he wanted confirmation on that alias before placing it in the official statement.

READ: Father, son charged with Flower Hill murder appear in court

After hearing arguments from both the defence and the prosecution, the judge granted the elder Cooke bail in the amount of $600,000 with one surety under the condition that he report to a specific police station on specific days. He was also instructed to relocate, not to be seen in St James except for court attendance, and to surrender his travel documents. A stop order will also be imposed at all ports.

He is scheduled to return to court on June 12, when the case will be mentioned.

In respect of the younger Cooke, bail was denied and McCurdy asked if he could renew his application and take witnesses on the next court date, and the judge acceded to his request.

The younger Cooke was remanded in custody until that date.

According to the allegations, about 3:30 pm, Smith and her relative were inside their house with other family members when both men, armed with firearms, entered the yard and opened fire on them through a bedroom window before escaping in the area.

READ: Two men charged with murder in St James

The police were alerted and on their arrival, Smith was seen lying on her back in blood with a gunshot wound to her chest.

She was taken to hospital where she was pronounced dead and the other woman treated and released.

Both Wilford and Lavaughn Cooke were arrested and subsequently charged.