Leoda Bradshaw, the woman fingered by law enforcers as the mastermind in the September 2023 kidnapping and murder of parliamentarian Phillip Paulwell’s 10-month-old daughter Serayah Paulwell and her mother, 27-year-old Toshyna Patterson, was denied bail in the Home Circuit Court on Friday.

Two of her three co-accused, Roland Balfour and David Smith, were also denied bail. There was no bail application for the third accused, Bjorn Black, who appeared remotely at Friday’s hearing.

The decision means that Bradshaw and her cousin Balfour will spend a second consecutive Christmas behind bars

Little Serayah and her mother were taken from their home on Gilmore Drive in St Andrew on September 9, 2023 and transported to east Kingston where they were fatally shot and their bodies burnt.

At Friday’s part-heard bail application, Bradshaw, a US Navy culinary specialist, wearing a black dress with her face covered by a mask and sunglasses, entered the court and stood stoically in the prisoner’s dock along with Balfour and Smith.

Presiding Judge Justice Tara Carr, in giving her decision on the bail application, cited section 6(2)(b)I of the Bail Act.

She said the Act indicates that the decision to grant bail should hinge on whether the judge believes the accused will surrender to custody or are likely to interfere with witnesses or otherwise obstruct the course of justice.

Carr added that when considering bail for the accused she had noted the prevalence of these types of offences; “the fact that a firearm was used; that this firearm was allegedly a prohibited weapon; that the murder falls under the sections which are to be given special consideration as it is a murder of a hire; and the strength of the evidence”.

Added the judge: “I do not agree that a case against the three accused persons is only based on the statements of four accused persons, as the circumstantial evidence in this case is quite strong.”

In giving a breakdown of her decision for denying bail, Justice Carr dealt with each accused beginning with Bradshaw.

Carr indicated that Bradshaw is a flight risk as she is a citizen of the United States and has no ties to Jamaica as both her parents are deceased and her brothers reside in the United States.

Bradshaw’s lawyer Deborah Martin had, in the bail application, cited the accused’s daughter as a reason for her to remain in Jamaica. However, Justice Carr said this was not a sufficient reason as “The child is also a US citizen and is only in Jamaica because her mother is in custody.”

Justice Carr also said, “The statements provided by the witnesses suggest that Miss Bradshaw has the necessary resources and connection in the United States that would provide reasonable grounds for her to remain, and she would not surrender to custody if admitted to bail.”

As for the possibility of interfering with witnesses, Justice Carr indicated that, while the cooperating witnesses are in custody, she is not comfortable that they could not be interfered with.

“One of those witnesses, in giving his statement to the police, expressed concerns for the safety of his family, especially since all the persons allegedly involved in the commission of these events have not yet been apprehended. Miss Bradshaw’s connection to another witness, Mr Paulwell, is also a concern as he is in fact the father of her child.

“It is also noted that Miss Bradshaw, while the investigation into the disappearance of Miss Patterson was ongoing, contacted potential witnesses and asked them to send photos of WhatsApp conversations with her, to herself and Mr Paulwell and told them that the police would be contacting them for information as to her whereabouts on September 9, 2023. All of this raises reasonable grounds for me to find that Miss Bradshaw is likely to interfere with potential witnesses in this case,” Justice Carr further reasoned.

In relation to co-accused Smith, the judge also found him to be a flight risk, based on a caution statement he had given to the police in which he allegedly outlined his role in the commission of the crime.

“In that statement, he also outlined that he had seen what had happened to the others, who had allegedly confessed, and that he did not want to be like them. This is sufficient for me to find…that he will not surrender to custody. Mr Smith’s alleged role in the commission of the offence makes him privy to the other people who may be involved and the likelihood of interference with witnesses is a real factor for concern,” Justice Carr said.

Regarding Balfour, Justice Carr stated that considering that he allegedly secured the involvement of the other people in the commission of the September 2023 incident, she is concerned with the likelihood that he will interfere with witnesses and their families.

In the meantime, the prosecution said it is prepared to go to trial, as only a report from the police force’s Communication Forensics and Cybercrime Division is outstanding, which should be available on Friday afternoon.

A plea and case management hearing is set for April 3, 2025, when all the accused will attend remotely.