Chief Justice Bryan Sykes rebuffs bail critics

Chief Justice Bryan Sykes this morning pointed to legislation in defending judges' decision to grant bail to persons charged with serious crimes, arguing that if the prosecution disagrees, there is a provision for appeal. 

Sykes commented on the controversial matter in his keynote address today at the National Public Education Symposium held at the Kingston and St Andrew Parish Court in Half-Way Tree.

Minister of Legal and Constitutional Affairs, Marlene Malahoo Forte, has suggested that persons charged with gun crimes or murder be denied bail pending trial.

The minister's proposal to amend the Bail Act to support this found favour with the Police High Command, which has insisted that the majority of persons charged with serious crimes often re-offend while out on bail.

But Sykes pointed to the Court of Appeal's 2018 guidance in a matter involving Huey Gowdie on how the bail process should be handled.

Sykes noted that judges are to take into account the risk of the defendant absconding, the risk of the defendant interfering with the course of justice, preventing crime, preserving public order, and the necessity of detention to protect the defendant, among other things.

“In 2010 the Bail Act was amended. One of the important provisions, Section 10, was amended and has been there for a decade now and that provision survived the Constitutional challenge,” said Sykes.

Section 10 of the Bail Act speaks to the right of appeal.

Subsection (2) outlines that where bail is granted to a defendant by a court pursuant to the Act, the prosecution may appeal to a Judge of the Court of Appeal in respect of the decision.

“In plain English what this means is that if the judges in the trial court grant bail, Parliament gave the prosecution a right of appeal. It has been there for over 10 years. The question is, has that provision been utilised by the Crown? and if so, how many times? [and] with what result?” Sykes questioned.

“You don't have to file any document. You just have to say, 'Judge, we going to appeal' to start the process. So, when I listen to all that is being said I had to go back and read this because clearly something is wrong with my comprehension because we couldn't be reading the same thing,” he added.

“... So, when we have persons making all sorts of pronouncements about judges granting bail, have they looked at the statute? More importantly, have they read the statute? and having read, have they sought to utilise the power given under the statute?"

Meanwhile, Justice Minister Delroy Chuck sought to defend Malahoo Forte who, during her sectoral debate presentation last week said, “If yuh on murder charge you cannot be at large and if yuh on gun charge yuh cannot be at large”.

The comment has earned the minister strong criticism from criminal defence attorneys, who have argued that any amendment of the Bail Act to reflect this position would be unconstitutional.

“I urge the people to please hold your criticisms until the Act is tabled in parliament. When the Act is tabled in parliament then we can examine and discuss it. But there is so much speculation that it's really unfair to the minister that these criticisms are out there without knowing what the Act entails.... There's no reason to be speculating and criticising the minister. Just wait until the Act is tabled in parliament," said Chuck.

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