Wai-zwu Spencer was yesterday remanded in custody for the death of his younger brother.

Spencer, who was accused in Magistrates' Court of murdering his brother Umoja on February 5 on Court Street, was not required to enter a plea.

The matter will be dealt with in the Supreme Court.

But in the lower court yesterday, a clearly distraught Spencer stood with his eyes shut and head bowed as Senior Magistrate the Wor. Will Francis read out the charge.

Smartly dressed in a yellow shirt with a tie, dark pants, and a beige overcoat, Spencer clutched a Bible and a tissue which he frequently used to wipe away tears as he rocked in the courtroom dock.

He was surrounded by his family and friends who packed the busy courtroom yesterday morning and returned with him for a bail application hearing in the afternoon.

At that hearing -- attended by Social Services Minister the Hon. Quinton Edness, Senior Crown Counsel Mr. Brian Calhoun pointed out that section 471 of the Criminal Code forbade bail to anyone charged with murder, except in "exceptional'' circumstances.

Spencer's lawyer Mr. Mark Pettingill, however, strenuously argued that the Spencer case was exceptional because of the close relationship between the accused and the victim and the family's love for both men.

Noting how supportive Spencers' relatives were, Mr. Pettingill pleaded: "This man needs to go home. We should not take another son from his mother.'' But after more than an hour of arguments and some 10 minutes of deliberation, Mr. Francis said: "I have no doubt that the family want him home, but that is not exceptional. Parliament says if I do not see any exceptional circumstances, I cannot release him on bail. I have to act within the law.

"It is not about what I want, or what I would like or where my heart is. I don't see how I can grant this application.'' Spencer was remanded in custody. He is due to return to court on February 22 for mention.

Mr. Pettingill asked the court to ensure that his client receive psychiatric treatment and be allowed to attend his brother's funeral.

Mr. Francis said he expected that Spencer would be allowed, as in any other similar case, to attend his brother's funeral under prison escort. The funeral is scheduled for Sunday at the Seventh Day Adventist Church in Hamilton.

Interment will follow at Christ Church in Devonshire.