Photo Credit: BVI Platinum News
Drew Farrell, who is accused of attempting to choke and pulling a gun on his ex-girlfriend, has failed in his second attempt to get bail.
Farrell, 29 of the Valley, Virgin Gorda is charged with Attempting to Choke and Criminal Damage for ripping a $10 blue t-shirt his ex was wearing.
Today, October 19, High Court Judge, Justice Albert Redhead said it is necessary for Farrell to remain in custody so as to protect the complainant, since the accused allegedly threatened her with a firearm.
Magistrate Tamia Richards had denied him bail on October 5.
In the application to the High Court, Farrell's Lawyer, Patrick Thompson filed for bail to be granted to his client on the grounds that Farrell avers that he fully intends to attend the Magistrate's Court and/or the High Court to contest the charges laid against him; he is ready, willing and able to abide by any and all such conditions which the court may deem necessary to impose on the grant of bail; he is not a flight risk; and is unlikely to interfere with the course of justice or pose a threat to witnesses.
Farrell, through his lawyer, contended that his continued detention is not necessary for his further protection, for the preservation of public order or the prevention of crime in the Territory of the Virgin Islands.
At the October 5 hearing when Farrell did not have a lawyer, Prosecutor Sarah Benjamin objected to bail, indicating that the woman is fearful of the accused and the possibility that he may interfere with witnesses.
Farrell had indicated that he never choked the woman and that she was lying because he saw her with his own eyes at the top of the Baths.
He had pleaded with the Magistrate to grant him bail and said that he would stay away from the woman because on the night of the incident, he could have done more. Farrell also told the court that he wanted to be there for his 1 year-old baby which he shares with the woman.
"All I want to do is live for my baby...I would not be foolish to kill somebody, especially the mother of my child...that night it could have been something more serious, but I looked at the young lady," Farrell told the court on October 5.
During his explanation, he lashed out at police officers and reporters because he felt they found his story amusing. The Magistrate said he was not helping himself because officers had spoken to him about his conduct in the court.
"I apologize if you found my behaviour was outstanding," Farrell told the Magistrate.
Magistrate Richards, who denied bail, indicated that Attempting to Choke carries a life sentence upon conviction; the alleged gun had not been recovered; and Farrell has the potential to interfere with witnesses.
Prosecutor Benjamin said the complainant received a call from Farrell on October 1 around 11:30 pm, indicating that he wanted to speak with her. Benjamin said she inquired what was the matter and Farrell indicated that he had received a telephone call from someone, who indicated that she was seen with a short brown top at the top of The Baths with a man.
According to Benjamin, Farrell arrived at the woman's Virgin Gorda home and requested that she open the door, but when she opened the door she stood in the doorway.
Benjamin stated that Farrell and the woman started arguing and she attempted to close the door; however, Benjamin stated that Farrell grabbed the complainant and started to choke her.
According to the allegations, the woman managed to free herself, but while doing so Farrell grabbed her t-shirt and ripped it. Benjamin stated that Farrell struck the woman to the right side of her face with his fist and subsequently held onto her neck again and started choking her.
"As he did this the defendant felt her breath was leaving her body as if she was about to die," Benjamin stated.
The Senior Crown Counsel further indicated that the complainant raised an alarm and two other persons, a male and a female who were in the apartment at the time, came to her assistance.
According to Benjamin, the man held onto Farrell in an attempt to push him away from the woman, but a tussle ensued.
Benjamin said that Farrell pulled out a black gun from his waist, but the man held onto his hand in an attempt to take away the gun because Farrell was heading to the complainant.
Farrell eventually left the apartment and the police was called in. He was subsequently arrested and charged.