By Theron Boodan, Newsday/TT

No bail for San Juan auto businessman Frankie Boodram, was the order coming from appellate judge justice Stanley John yesterday.

Justice John refused to grant Boodram bail pending his appeal on a conviction and sentence of five years for receiving stolen goods (van parts). He also refused an application to have Boodram's appeal listed for early trial. Resisting the application on behalf of the State was Assistant DPP Devan Rampersad.

In dismissing the bail application, Justice John recalls that when a person seeks bail after conviction it is well known and well settled that the circumstances must be "exceptional" to justify the exercise of the Court's discretion.

He further recalled, the fact that there is a real possibility of success in an appeal is not so much a ground for granting bail as a condition of granting it for some other reason. However, if it is, the prospect of success alone that is being relied upon, then the applicant must show more than a real possibility of success.

Referring to Boodram's lead attorney Vernon de Lima, Justice John said: "Mr De Lima for the applicant, in support of the application relied upon the prospect of success alone.

"It follows, therefore, that the applicant must satisfy me on a balance of probabilities that there is a better than even chance of his appeal succeeding...

"In all circumstances, I do not consider that this appellant has shown that he has a better then even chance of succeeding on his appeal. That is to say on the evidence before me, I am not persuaded that there is a probability of success.

"Accordingly, the application for bail pending appeal is refused."
Boodram was found guilty on February 26, 2003, but was sentenced two days later by Justice Paula Mae Weeks, to five years imprisonment following a stirring plea in mitigation by his defence lawyer Israel Khan SC. The maximum sentence is ten years.

Also representing Boodram at the bail application were Joseph Pantor and Rajiv Persad.