Police sergeant on assault charge gets to travel overseas

A police sergeant in St Ann, who was charged with assault occasioning grievous bodily harm to a prisoner in custody, recently had the fortune of having his bail conditions adjusted to allow him to travel abroad with his family.

Sergeant Odaine Nelson appeared before the St Ann Parish Court on June 28, when the court allowed him to travel overseas with his family.

Nelson is accused of beating a prisoner, Luke Murray, while the latter was in custody in 2012, and breaking Murray’s arm in the process.

Nelson’s attorney, Oswest Senior Smith, made a bail application for his client to take a vacation with his wife and children who live in the United States. The accused is expected to travel to Atlanta this month, and return to Jamaica on September 10.

He was granted bail by Parish Judge Peter Wilson, on grounds that he returns to Jamaica on September 10 and is in court for trial on September 13.

The prosecutor, Velma Hylton from INDECOM, strongly objection to the bail application, but the judge noted that the objection included “little to no empirical evidence as to why he should be kept from travelling”.

Nelson’s attorney said the accused has honoured all his bail conditions, kept the peace, and is a first-time accused on a relatively minor offence. He also stated that Nelson still has ties to this country, as he lives and works in Jamaica. Senior Smith also agreed to step the case if Nelson fails to return on the set date.

Stern warnings were issued to Nelso,n as the judge argued that the offence was not extraditable, and that nothing could be done to bring him back if he did not return. However, Wilson said, if the accused decided to abscond bail, much more serious punishment than normal could be expected upon his return in the future.

Sergeant Nelson is to receive his passport on July 14, as it was been held by the police under the previous bail conditions.

Nelson, who was arrested and charged by the Independent Commission of Investigations (INDECOM), was taken before the St Ann Criminal Court and offered bail in the sum of $150,000 on June 18, 2015.

According to reports from INDECOM, Sergeant Nelson arrested Murray in 2012 for using indecent language. Following a struggle between the two, Mr Murray allegedly resisted arrest.

Nelson then called for reinforcement, and Murray was taken to the St Ann’s Bay Police Station. It was alleged that the policeman used a baton to beat Murray, breaking his arm.

INDECOM investigated the matter and determined that there was no justification for the beating.

Defence attorney, Oswest Senior Smith, however, said his client strongly denied the allegations, insisting that the report that was given to INDECOM by the complainant was false.