Garth Rattray | Is due process overdue sometimes?

The letter of the Day in The Gleaner by attorney-at-law Matthew Hyatt, titled ‘No bail for the wicked?’, published on Thursday, May 13, drew my attention. In it, the attorney went to great pains to explain that every citizen must be considered innocent until proven guilty (or until he/she pleads guilty) in a court of law.

The attorney wrote, “YES! EVEN the alleged murderer and persons charged with rape are entitled to bail. Shocking, isn’t it? Perhaps even morally reprehensible, after hearing the revelation of the gory details of some of these allegations. Notwithstanding these allegations, the fundamental principle for an application for bail is that every citizen of Jamaica has a right to liberty, and our Constitution provides that every person who is charged with a criminal offence is presumed to be innocent until he has been proved guilty, or has pleaded guilty.”

Mr. Hyatt went on, “Section 14(4) of the Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act 2011 states that: ‘Any person awaiting trial and detained in custody shall be entitled to bail on reasonable conditions unless sufficient cause is shown for keeping him in custody.’”

That explains news stories like these:

• Simeon Anthony Sutherland, the 20-year-old man charged with the murder of Member of Parliament Dr Lynvale Bloomfield, was today granted $800,000 bail when he appeared before the Portland Parish Court.

• Pastor accused of rape, grievous sexual assault granted bail.

• Bail was recently offered by a judge in the St Ann’s Bay Parish Court to a farmer who allegedly buggered a five-year-old boy.

• Three charged for murder of Manchester businesswoman granted bail.

• St Thomas man charged with father’s murder granted $400,000 bail.

• The police say 39-year-old Jerome Dixon has been charged with forgery, uttering forged documents and demanding property with forged documents. He was arrested on Thursday by the police’s Fraud Squad and granted bail in the sum of $400,000. (He forged a judge’s signature.)

• Six St Catherine boys accused of gang rape granted bail.

• Manchester cop accused of rape granted $100,000 bail.

• St Thomas man charged with double murder granted $800,000 bail.

DENIED BAIL

Then I recall a Jamaica Observer article by Kimberley Hibbert concerning a long-time patient of mine, Woman Sergeant Duliet McKay. She was accused of uttering a forged document but remains incarcerated for well over a year because bail has been repeatedly denied. She’s obviously no flight risk. She willingly attended court, had her travel documents and cellular telephone seized, and was to report weekly to the police station in her area, but then bail was denied. She was fully compliant, yet this 30-year veteran of the Jamaica Constabulary Force, with a previously unblemished record, is being denied bail for more than a year.

In the Observer piece, her sister revealed that she is severely hypertensive, that it is uncontrolled, that she is at significant risk for a cardiovascular event, at risk for contracting COVID-19 and the attendant problems that uncontrolled hypertensives fall victim to. Despite having a systolic blood pressure of over 200 mm/Hg while incarcerated, her underlying health issues have not been taken into consideration.

Police Sergeant McKay’s sister explained that she has been shuttled to testify for the Crown and has done so on more than one occasion, yet when her father died, she was not allowed to attend his funeral. Her distraught 15-year-old son languishes while she remains behind bars. The piece related that several big wigs are on bail for allegedly committing fraud worth many millions of dollars.

Many are questioning if someone senior, popular, rich or influential would have been granted bail. Some are asking what could be the substantiated, irrefutable and grave “sufficient cause” preventing Woman Sergeant McKay from being granted bail for an allegation of a non-violent offence. Some find it very scary because it could happen to anyone.

Garth A. Rattray is a medical doctor with a family practice. Email feedback to columns@gleanerjm.com and garthrattray@gmail.com.