THE Appeal Court has ordered a retrial in the case of entertainers Machel Montano and Kernel Roberts.
Justices of Appeal Alice Yorke Soo Hon and Mark Mohammed on Friday morning allowed the appeal by Montano and Roberts against their convictions and sentence stemming from a fracas outside the Zen nightclub in 2007.
Both had been convicted and fined in 2013 for assaulting a group of people outside the Port of Spain nightclub.
In December 2012, Magistrate Maureen Baboolal-Gafoor found Montano guilty of assaulting Gerard Bowrin, Janelle Lee Chee, Brandis Browne and Russell Pollonais.
Roberts was found guilty of assaulting Browne and Pollonais. They were sentenced in Feburary the following year. Montano was ordered to pay compensation totalling $13,500 and fines in the sum of $13,700 while Roberts was ordered to pay compensation totalling $11,000 and fines totalling $13,000.
They both subsequently appealed their conviction and sentence.
When the matter came up in court today, Robert was present but Montano was not. His attorney Jagdeo Singh told the court that when he got notice that the judgement would delivered he contacted Montano who is out of the country and could not get a flight home in time to be in court.
However, Montano's mother Elizaneth Montano was in court for the matter, along with Kernel Roberts.
As a result of the decision of the Appeal Court, Montano and Roberts were granted fresh bail of $50,000 each.