The 16-year-old girl represented by Opposition Leader Ralph Gonsalves could be back in court again later this week as the 65-year-old man she is accused of attempting to murder has died.
The accused, Antonique Thomas, was granted EC$25,000 bail with one surety on Monday when she appeared before Chief Magistrate Colin John at the Serious Offences Court in Kingstown.
The prosecution did not object to bail, and Gonsalves, a former minister of legal affairs, who was making his first court appearance as a defence lawyer since 2001, welcomed the decision but went on to speak about a “prosecution process that is calcified”.
The attempted murder charge is likely to be upgraded after an autopsy on the body of Winston McMillan, 65, of Colonarie.
McMillan had been in the hospital and listed as brain dead since he was struck in the head during an altercation in the North Central Windward village on April 9.
He died Monday night.
Ronald Marks appeared as Gonsalves’ junior during Monday’s court appearance, as he had done when Gonsalves made his last court appearance before becoming prime minister in March 2001, serving until last November.
Thomas was not required to plead to the indictable charge at that stage.
The prosecutor, Inspector of Police Renrick Cato, did not object but asked for sufficient surety among other conditions.
Gonsalves said he was “very grateful” that the prosecutor did not object to bail, adding that his client had not yet reached voting age, 18, hence she did not have an identification card.
He, however, said she had a passport.
Gonsalves said that while Thomas had a suitable surety, in the circumstances, “this young lady should have been sent home without a surety”.
He explained that he meant she should have been granted bail in her own recognisance.
As an aside, Gonsalves asked the court’s permission to address the issue of calcification.
He said he was not criticising any individual, noting that the law officers involved in the investigation were “very professional”.
Gonsalves, a former minister of legal affairs, said there was a situation where “we need to move away” from a “prosecution process that is calcified”.
He contended that, where an offence is allegedly committed, the police have 48 hours to charge a suspect, but they don’t have to do so within 48 hours.
Gonsalves said that the police, having detained a suspect, could release them while conducting their investigation, and later arrest and charge them on completion of the investigation.
Speaking on the issue where there is serious injury and the victim is likely to die, because the police have taken a “maximal position”, it is hardly likely that the prosecution can move from a charge of attempted murder to a manslaughter charge.
Gonsalves suggested that the police could start with a much lesser charge and upgrade it, if need be.
He explained that where there is a situation of a defendant who is 16 years old, as in the case of his client, a far lesser charge could be applied, and if death occurs, then it is upgraded.
Gonsalves contended that a teenager in the circumstances could spend nine months in jail on a murder charge, awaiting a hearing — the Supreme Court having considered nine months as a reasonable time in which to complete a preliminary inquiry.
“… you don’t begin with the maximal in the circumstances,” Gonsalves told the court, noting that there are some circumstances where a criminal charge is not brought by the police but a coroner’s inquest is required.
“So, the calcification of the process” is something one has to be mindful of, he said, adding that there are some issues which can bring about a “cause célèbre”.
Gonsalves, who has had a close relationship with his client’s family, said that if the matter has to go all the way to the London-based Privy Council, “I’ll be doing the work for free.”
As part of Thomas’ bail conditions, she was ordered to surrender her travel documents and to report to the Colonarie Police Station on Mondays until the matter is disposed of.
John adjourned the matter to April 20, 2026, “for further update”.
