The preliminary hearing on charges that date back to Dec. 20, 2010, had been set for April 18 but was cancelled after a bill of voluntary indictment was sent to Magistrate Derence Rolle-Davis. The bill contains sworn statements from witnesses. Neither woman has been identified although Dr. Michael Wittels, father of Garrett, has said they are from the University of Arkansas.
The case will go directly to the Supreme Court with the initial hearing set for May 9 before Senior Justice Jon Isaacs in Nassau.
Court sources told the Miami Herald that a trial will not begin on that date. They said a shift to the Superior Court, is something that is done "in the more serious cases" and that rape charges can result in sentences ranging from seven years to life in prison.
The women said they were raped after meeting the three men in a bar at the Atlantis in the early morning hours.
Wittels was 20 at the time and Oberti and Rothschild were 21. The five went to one of the rooms of the men and the men admit to having sex with the women but claim it was consensual. The women had been drinking, according to a videotape at the bar. If they were indeed 17 this would be a violation of the law since the legal drinking age in the Bahamas is 18.