Six months after his four month-old son was discovered dead in the house, a 39-year-old father appeared in court charged with the child’s manslaughter.
After lengthy submissions, Dylan Nigel Marius, of Walrond Gap, Back Ivy, St Michael, must report to a police station thrice weekly and cannot leave the island unless he gets permission from the court.
Marius, a carpenter, appeared in the Traffic Court of the District “A” Magistrates’ Court yesterday and was not required to plead to unlawfully killing four month-old Dellon Marius on April 3, 2017.
Prosecutor Sergeant Theodore McClean offered no objections to Marius being released on bail, a stance which was questioned by Magistrate Graveney Bannister.
The prosecutor then explained the accused had been out on his own recognisance between the date of the offence and yesterday.
Sergeant McClean further said the prosecution would be asking for a suitable surety, a curfew and that the accused be made to report to a police station.
“The circumstances are that the child was left at home unattended. The mother returned home and found the child not breathing.
“She summoned help and the child was pronounced dead. A post mortem revealed asphyxiation was the cause of death,” the prosecutor said.
“He was out on his own while investigations were being conducted,” the prosecutor told the court, adding he believed the investigations had been wrapped up, but he was not sure if the file had been completed as yet.
Attorney Arthur Holder, who appeared with attorneys Rhea Layne and Danielle Mottley, then told the court the accused was the father of two other children, ages ten and four.
“The file was sent to the DPP (Director of Public Prosecutions) and the charge was based on one of gross negligence,” the attorney said.
“The child was left alone and because of him not being there the child strangled.
“He was to take the child to the nursery and he forgot,” Holder said.
The attorney then submitted the accused was not a flight risk and would continue to live with his family.
In the end, Magistrate Bannister granted the accused $15 000 bail, which was signed by his father.
The magistrate further ordered Marius to report to Hastings Police Station every Monday, Wednesday and Saturday, anytime between 6 a.m. and 7 p.m., confiscated his passport and forbade him from leaving the island without getting the court’s permission.
Magistrate Bannister then told the accused and his attorneys to return to court on December 1 for disclosure of the police statements and adjourned the matter until February 12. (HLE)
