Legal experts defend bail rights amid public concerns over high-profile cases
Published:Monday | February 17, 2025 | 9:29 AMChristopher Thomas/Gleaner Writer
WESTERN BUREAU:
Amid public concerns that high-profile defendants, including individuals accused of murder, are being granted bail, legal experts stress that all accused persons have the right to be considered for bail while awaiting trial.
Veteran King’s Counsel Peter Champagnie explained that courts assess multiple factors when deciding on bail applications, including the accused’s character, the strength of the evidence, and legal technicalities.
“The allegations themselves may be deficient in terms of an important element needed to properly ground the offence. For example, the legal requirements for visual identification may be poor or lacking based on an eyewitness statement,” Champagnie told The Gleaner.
Additionally, an accused person’s background can weigh heavily in a court’s decision.
“If the accused has no prior convictions, is gainfully employed, and has a fixed address, these factors help in securing bail,” Champagnie continued. “Of course, if the person has a strong defence, such as a solid alibi, that is also critical.”
Concerns often arise when defendants with serious criminal records secure bail. One such case was that of former St James-based gang leader Colin Palmer, who was fatally shot by police in 2007. He had previously received a three-year suspended sentence from the Western Regional Gun Court for illegal possession of a firearm.
A more recent example is Rushawn Patterson, the man accused of murdering social media influencer Aneka ‘Slickianna’ Townsend. He was granted bail in the St James Circuit Court on July 16, 2024, because of health concerns, despite three previous bail applications being denied. His earlier denials were based on concerns that he was a flight risk and had a history of violent behaviour toward women.
PUBLIC VS. LEGAL PERSPECTIVE ON BAIL DECISIONS
Defence attorney Suwayne Phillips, who is not connected to either case, urged the public to trust the legal process rather than rushing to judgement based on media reports or personal opinions.
“The media and the public will never have all the details of a case. Only those directly involved in the proceedings have full access to the evidence,” Phillips explained to The Gleaner.
“People often rely on emotions, morals, and personal beliefs when judging a case without knowing the full facts.”
He warned against what he described as a growing tendency to presume guilt before trial.
“The principle of ‘innocent until proven guilty’ is a cornerstone of justice, but, today, the public often flips it around, assuming someone is guilty until they can prove their innocence,” he added.
THE LEGAL BASIS FOR BAIL
Assistant Director of Public Prosecutions Alice-Ann Gabbidon pointed to Section 13 of Jamaica’s Bail Act, which guarantees personal liberty unless there are reasonable grounds to deny it.
“If a defendant’s previous bail application was denied, their attorney must present new circumstances for the court to reconsider the decision,” Gabbidon explained.
She further noted that while prosecutors strongly oppose bail in cases where the accused poses a risk to public safety, the final decision always rests with the judge.
“Although the prosecution will vigorously oppose bail in appropriate circumstances, the judge hearing the application has the sole authority to grant or deny bail,” she said.
As debates over bail decisions continue, legal experts emphasise that the process exists to balance individual rights with public safety, ensuring that justice is served fairly and impartially.