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Man who won case against T&T bail ban shot dead

Published:Monday | August 1, 2022 | 1:30 PM
The Privy Council ruled that there cannot be a blanket ban on bail for persons accused of murder.

A Trinidadian man who won his case against the twin-island republic's law blocking bail for persons accused of murder has been shot dead. 

The Privy Council ruled last week that the provision was unconstitutional in an appeal brought by the government. 

Akili Charles, 42, was near his home in Trinidad on Saturday when several gunshots were heard, local media reports say. He was found bleeding on the roadside. 

He was in custody from 2010 to 2019 on a murder charge. 

After he was freed, Charles brought a suit against the government over the provisions of the Bail Act. He lost in the High Court. 

But Charles was successful in his challenge when the Court of Appeal ruled that persons accused of murder could apply for bail.

The government appealed and last week Thursday the Privy Council upheld the decision. 

"A blanket prohibition of bail infringes a number of the rights and freedoms...," the judges wrote. 

The UK-based Privy Council is the final appellate court for Jamaica and Trinidad and Tobago. 

READ MORE: Privy Council ruling on T&T's bail case could pose a challenge for Jamaica

Based on the ruling, the Jamaican government could face a challenge to any amendments to prohibit bail for accused persons. 

But Justice Minister Delroy Chuck has dismissed those concerns. 

"Even though the Government is looking at the Bail Act, the idea is to strengthen it … to ensure that for those who could create public disorder or abscond or may commit crimes when they are out on bail, we do an appropriate assessment to make sure that those persons are not granted bail," Chuck said Sunday after a service at Sts Peter and Paul Catholic Church commemorating the 60th anniversary of Jamaica's Court of Appeal.

Minister of Legal and Constitutional Affairs Marlene Malahoo Forte sparked fierce public discussion after she hinted, during her contribution to the Sectoral Debate, that persons who are charged with certain crimes may not be granted bail.

- Barbara Gayle

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