DEEPLY DISTURBING! Opposition raises alarm after Malahoo Forte reveals accused on murder, gun charges to lose entitlement to bail
/ Our Today
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The Opposition People’s National Party has declared it is “deeply disturbed” by a statement made by the Marlene Malahoo Forte, minister of legal and constitutional affairs, that persons on murder or gun charges will no longer be entitled to bail.
In speaking to a new Bail Act in Parliament, while making her contribution to the 2022-2023 Sectoral Debate in the House of Representatives on Tuesday (June 7), Malahoo Forte stated: “If you [are] on murder charge you cannot be at large, and if you [are] on gun charge you can’t be at large.”
According to the PNP, “this is a most unfortunate statement as the minister should be aware that the right to bail is guaranteed under the Constitution”.
In her former role as attorney general, Malahoo Forte had declared from as far back as 2016 that fundamental rights and freedoms guaranteed to Jamaicans may have to be abrogated and infringed.
“The minister, as the person duly sworn and appointed to protect the rights of the Jamaican people, appears to be prepared to act in a manner that is in direct conflict to her oath,” the PNP said.
“The minister’s statement communicates a view that the fact of the charge is an indication of guilt. This runs contrary to the hallowed precept of the presumption of innocence until proven guilty, which is the foundation of our laws.”
Senator Donna Scott-Mottley, opposition spokesperson on justice and gender affairs
According to Senator Donna Scott-Mottley, opposition spokesperson on justice and gender affairs, a new Bail Act, which categorically removes the right to bail, is likely to face constitutional challenge and be struck down by the Courts, as happened before under the Bruce Golding Administration.
“The minister’s statement communicates a view that the fact of the charge is an indication of guilt. This runs contrary to the hallowed precept of the presumption of innocence until proven guilty, which is the foundation of our laws,” Scott-Mottley said.
EVERY WELL-THINKING JAMAICA CONCERNED ABOUT MURDER RATE
She argued that while every well-thinking Jamaican is concerned about the high level of murders and the use of firearms in the commission of violent crimes, the Government needs to approach the solution in a sober and sustainable manner.
“There are already existing provisions which allow for due process in limiting an accused person’s right to remain at large,” Scott-Mottley said.
“Judges routinely refuse bail to accused persons when the police/prosecution provide good reasons for doing so, which are already laid out in law. The prosecution also has a right to appeal the grant of bail where they think the judge has wrongly exercised the discretion to grant bail.”
Scott-Mottley said it seemed “as if the Government is determined to locate its crime fighting efforts in the implementation oflegislation that infringes the rights guaranteed under the Charter of Fundamental Rights and Freedoms”.
She added that the serial use of states of emergency as a long-term crime fighting tool and this proposed new Bail Act, were glaring examples of what she considered a dangerous tendency.
She said the Opposition was therefore urging the Government to reconsider its position “as it poses a serious threat to the legitimacy of our Constitution”.
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