Judge denies man's request to amend bail condition after alleged breaches - Jamaica Observer

Source: Jamaica Observer

KINGSTON, Jamaica -- A man, who is said to be a member of the United States army, had his application to amend his bail conditions denied when it was learnt that he had allegedly already breached the terms of his bail by contacting the complainant in the case.

Audie Morgan, who is charged with malicious communication for allegedly posting obscene photos of the complainant on WhatsApp for other people to see, was denied a request to amend his bail conditions so he could return to the United States and see a doctor.

The conditions of his bail were that Morgan would surrender all travel documents, a stop order be put on all ports of entry and that he should visit the police station between 6:00 am to 6:00 pm on Tuesdays.

It is reported that Morgan, following a previous court hearing in the case, contacted the complainant in a threatening manner saying "if you come back to court you will see what happen" resulting in a breach of the conditions of his bail.

The court clerk further disclosed that the complainant had evidence of other communications of this nature after the accused was granted bail.

The lawyer representing Morgan said her client denied the allegations of a breach of the bail conditions and pointed out that, while she is not blaming the complainant, there are a number of ways one could fake communication from another person through messaging. The lawyer also told the court her client reported that the complainant contacted him through his brother stating that the accused will be raped in jail.

The complainant denied the accusation, however the lawyer representing Morgan said her client had screenshots of the exchange.

On the matter of the bail amendment, Senior Parish Judge Sanchia Burrell in the Kingston and St Andrew Parish Court on Tuesday queried why Morgan could not see a doctor locally, to which the lawyer responded that it is a condition of his employment that the accused visit a doctor approved by the US army.

In considering the amendment to the bail condition, Judge Burrell asked the complainant when last the accused reached out to her, to which she responded that he sent her a direct message on March 15, and contacted her again last week.

"These allegations are sufficient for me to consider taking away his bail, you know that?" Senior Parish Judge Burrell asked the accused's lawyer.

Judge Burrell went on to deny Morgan's request to amend the bail conditions to allow him to travel but stated explicitly that he should have no contact with the complainant whether directly or indirectly.

"When I say you should not contact the complainant directly or indirectly it means that if she puts up a really nice picture on Instagram you are not allowed to like it; it means that if you have a friend of a friend who is second cousin to her best friend you can't tell them to tell her 'hello'; it means that when you see her here in court do not tell her good morning; no contact whatsoever. I am not granting this application," Judge Burrell said.

His bail was extended and the case is set for mention on May 21.