(CMR) Everette Leon Gould (39) appeared in court Tuesday morning to have his sexual assault allegation case transmitted to Grand Court. However, Summary Court Magistrate Phillipa McFarlane had to consider an unusual bail amendment from the DPP's office which included allowing Gould to continue driving a taxi driver as long as he was chaperoned at all times by a pre-approved person.
The amendment request to his bail conditions came at an unusual junction with attorney Jonathon Hughes arguing that there was no real basis for the application some year and ten months after his client was first placed on bail in July 2019.
The court first heard from the DPP who requested that in order for Gould to continue to drive a taxi a person over the age of 21 be approved to accompany him so that he could pick up passengers. The DPP representative claimed that Denise Cummings, the Director of Tourism & Transportation would vet the individual and approve them to ride along with Gould.
According to her Linkedin account, Cummings is the Administrative Secretary for the Public Transport Board not the title that the DPP gave in open court.
They also requested forfeiture of his passport, a nighttime curfew from 10:00 p.m. – 7:00 a.m. as well as he must stay at a specific residence in George Town.
The DPP attorney noted that they were also requesting he has no contact with the victim and that he not seek employment with someone under the age of 16. The magistrate then asked how such a provision would be enforced. However, the DPP appeared ill-equipped to answer.
Hughes objected on the basis that nothing has changed with his client who has not been in breach of his existing bail conditions. He shared that his client had made three previous appearances and opined “why now?”. In response to the DPP's explanation that it had slipped through the net, Hughes noted that this was “more than slipping through the net.”
He further noted that the DPP had not provided any explanation as to why they were now requesting the amendments and are not able to prove that any risk has developed. In terms of forfeiture of his passport, his attorney noted that he is not a flight risk as he's a Caymanian.
The DPP said that being charged elevated the matter and hence their desire to place restrictions conditions in place.
Finally, he took a jab at the prosecution by pointing out that Gould is not operating a taxi and is “not pursuing the taxi business” so that condition is completely unnecessary. The court heard that Gould is currently unemployed. Magistrate McFarlane made the observation that this is why it is important for the defense and prosecution to talk to each other.
After some consider McFarlane rejected most of the DPP's requested amendments and instead imposed an order for him to sleep and live at a listed address in George Town, to have no contact (directly or indirectly) with the victim and he must secure a surety for $1,500. He was to be processed by the court officers before being released.
The matter was committed to Grand Court where Gould will appear in several weeks to officially answer to the charges.