Lawyer: Scrapping bail for murder accused is fornicating with due process
Published:Wednesday | June 8, 2022 | 12:11 AM
Attorney-at-law Isat Buchanan has said that judges are the best persons to determine bail, which is a constitutional right.
He was responding to an announcement on Tuesday by Minister of Legal and Constitutional Affairs Marlene Malahoo Forte that persons who commit murder and are involved in gun crimes would not receive bail under the proposed new Bail Act to be tabled in Parliament soon.
“This is most unfortunate and the Government’s attempt to creep the unconstitutional detentions of persons is reminiscent of its unlawful use of detention under the state of emergency,” Buchanan noted, referencing a case involving five men that was thrown out.
The Government has appealed.
Decrying the Holness administration’s approach as “oppressive” and “dangerous”, the attorney said Jamaicans should be concerned about the Government’s perceived inability to formulate a crime plan.
“Innocent people will find themselves stuck in detention from mediocre investigations and a fornication with due process by an overworked justice system,” said Buchanan.
In her contribution to the Sectoral Debate in Parliament on Tuesday afternoon, Malahoo Forte made it clear that under the proposed law, persons who are charged with murder would be denied bail.
She also indicated that persons who have been charged with illegal possession of a firearm would not get bail.
“If you on murder charge, you cannot be at large, and if you on gun charge, you cannot be at large,” the minister declared.