Bail and a permanent secretary

By Devon Dick

THERE HAS been a recent report that Robert Rainford, then permanent secretary in the Ministry of Justice, who acted as surety for the accused Carlos Hill, owner of Cash Plus, was being investigated by the Services Commission.

Apparently, not many persons were aware that Robert Rainford, now permanent secretary in the Ministry of Local Government, was providing surety for Carlos Hill. It is unusual for the bond documents not to reflect that fact and that is the area the Services Commission should concentrate on.

According to the 2001 Bail Act, a resident magistrate, justice of the peace or judge who has considered any issue related to bail in respect of the person charged cannot act as surety. This makes sense otherwise there could be a conflict of interest. Conflict of interest is not questioning the integrity of a judge, resident magistrate or justice of the peace, but is to protect persons from the appearance of any bias. Justice must not only be done, but appear to be done.

The act, therefore, envisions that a resident magistrate, justice of the peace or judge in his or her capacity as a citizen is entitled to act as surety. Offering to act as surety is a civic duty which one could offer on behalf of a fellow citizen. It is not a statement about the guilt or innocence of the accused, but rather the right of the accused to freedom. And in any case, a person is presumed innocent until proven guilty.

A police officer cannot bail someone, and this makes sense because the Jamaica Constabulary Force is the investigative arm of the legal process and works in tandem with the prosecutorial authorities and should have an arms length from the surety process.

No exemption

There is nothing in the bail regulation that appears to prevent Rainford, as a permanent secretary, from acting as surety for an accused. I am aware that Rainford acts as a pastor in his denomination. Contrary to popular belief, a pastor can also act as surety. Therefore, Rainford would not be exempt as a pastor to act as surety.

Bail should only be denied if the person is a flight risk, can tamper with the evidence or witnesses or could be a threat to society. Persons are entitled to make a bail application. And once the bail application is successful, then persons of good character and means should act as surety once the individual is well known to the person.

Another class of persons who are exempt are attorneys at law on record for that person in relation to the offence. The attorney at law for the accused cannot act as surety, but another attorney not related to the case can act as surety. There is nothing against even a Cabinet minister acting as surety for an accused.

The other exemptions do not appear to apply to Rainford, that is, as a person charged with conspiring, aiding or abetting in the commission of the offence, or as a person who has a criminal charge pending against him or her before any court, or a person who is not resident in Jamaica, or a person who is entitled to immunity from the legal process.

Furthermore, the declaration form concerning surety can be signed by a justice of the peace, minister of religion, principal of a school, or a member of the Jamaica Constabulary Force. A permanent secretary is not exempt to offer surety to anyone, and so it appears Rainford was doing a civic duty.

The only issue is, how come it wasn't until Rainford was standing surety for the second time in the Carlos Hill case that anyone knew he was the bondsman when Hill was first charged!

Rev Devon Dick, PhD, is pastor of the Boulevard Baptist Church in St Andrew. He is author of The Cross and Machete, and From Rebellion to Riot. Send comments to columns@gleanerjm.com.