AG Nandlall highlights discernable trend at the level of the Magistracy in the grant of bail
- Home
- News
According to the Attorney General and Minister of Legal Affairs, Mohabir Anil Nandlall, stated that “…there seems to be a discernable trend at the level of the Magistracy in the grant of bail, presumably, to reduce pre-trial incarceration in order to, ultimately, not to contribute to, unfortunately, to overcrowding of our prisons during this period. Quite a laudable ideal.”
The Attorney General was at the time speaking to several cases where bail was granted to those brought before the Court for robberies committed with a firearm.
Notably, Minister Nandlall argued that “While I recognize that the grant of bail is discretionary, this discretion is not however absolute. Like every other discretion, it must be exercised reasonably and in accordance with law. If the law says that bail can only be granted for a particular offence, if special circumstances permit it, then those special circumstances must exist. If a Magistrate chooses to take into account the COVID-19 pandemic and related issues, then it must be balanced against countervailing factors such as prevalence of the offence and public safety.”
Further, the Attorney General stated that “From all indications COVID-19 will be with us for a while, everyone need to adjust. A Bail Act soon to be promulgated is a more long-term measure.”
Below is the full statement from the Attorney General and Minister of Legal Affairs:
Our constitutional democracy rests on three fundamental pillars, the Legislative, the Executive and the Judicial. The separation of powers doctrine mandates that all must keep within their constitutional parameters.
In a reported case, Justice Adrian Saunders, now President of the Caribbean Court of Justice (CCJ), stated thus:
“For our democracy to operate effectively, it has been said that it is necessary that a certain comity should exist between the three branches. Each should respect the role and function of the other. The court is subject to and must enforce laws passed by Parliament that are intra vires the Constitution. The executive should respect and obey the decisions and accept the intimations of the court. If this comity does not exist, then the wheels of democracy would not turn smoothly. A jarring and dangerous note will resonate from them.”
Interpreting and applying the laws are functions of the Judiciary. Public safety of the citizenry and enforcing the laws are functions of the Executive. It is clear therefore that to effectively combat crime, the Judiciary and the Executive must work in harmony.
Guyana has long been plagued with very high incidence of crime, especially, violent crimes. From all indications, the COVID-19 pandemic has not brought about a reduction. However, there seems to be a discernable trend at the level of the Magistracy in the grant of bail, presumably, to reduce pre-trial incarceration in order to, ultimately, not to contribute to, unfortunately, to overcrowding of our prisons during this period. Quite a laudable ideal.
In consequence, it appears as though bail is now readily being granted by the Magistrate’s Court, even in cases where the legislation prohibits the grant of bail unless where some special circumstances exist.
For example:
(a) On 2020.08.17, Lindele Freeman Alias “Skull” was charged with illegal possession of Firearm without licence contrary to Section 16 (2) (a) of the Firearm Amendment Act No. 17/2007. He appeared at Georgetown Magistrate’s Court and was immediately placed on $50,000 bail.
(b) On 2020.08.17, Kaven Kellon Barrow Alias “Bonny” was charged with Robbery Under Arms committed at Smiling Supermarket, Beterverwagting, ECD. He appeared at Sparendaam Magistrate’s Court and was placed on $150,000 bail on the first occasion that he appeared.
While I recognize that the grant of bail is discretionary, this discretion is not however absolute. Like every other discretion, it must be exercised reasonably and in accordance with law. If the law says that bail can only be granted for a particular offence, if special circumstances permit it, then those special circumstances must exist. If a Magistrate chooses to take into account the COVID-19 pandemic and related issues, then it must be balanced against countervailing factors such as prevalence of the offence and public safety.
Recognition also must be given to the fact that the Guyana Police Force (GPF) does not have the facilities or resources such as electronic monitoring bracelets to track the movements of these persons who are known criminals pending the hearing and determination of their matters while they are currently on bail.
From all indications COVID-19 will be with us for a while, everyone need to adjust. A Bail Act soon to be promulgated is a more long-term measure.
https://citizensreportgy.com/?p=16256&fbclid=IwAR1-sfLqJhlC69slfpVFBdkFP...
