The Tribune

By SANCHESKA BROWN

Tribune Staff Reporter

sbrown@tribunemedia.net

PRIME MINISTER Perry Christie announced yesterday that the government will make amendments to the Bail Act to prevent persons who are out on bail for serious crimes, specifically murder, to be granted bail a second time when charged with another serious crime.

While wrapping up the 2014/2015 budget debate, Mr Christie said something must be done about the” revolving door for bail” where a person charged with an offence is granted bail and released to continue committing crimes.

Mr Christie said it is “unacceptable” for a person to be before the courts accused of three murders when two of the murders were committed while “he was already on bail for murder”.

He said the amendment to the Bail Act will be tabled before the House of Assembly’s summer recess and is intended impose additional restrictions on the ability of judges to grant bail in offences involving crimes of violence and the use of firearms.

“Citizens just cannot understand how it is that persons accused with murder can possibly be released on bail and committing further offences, including another murder,” Mr Christie said.

“Who can blame citizens for feeling that the system is being abused? My government does expect that the availability of 10 properly equipped and staffed courts will result in matters being heard in a reasonable period of time which should reduce the incidences of persons accused of murder being released on bail. This will only happen though if all stakeholders work together, including the citizens of the Bahamas,” he said.

He said in 2011, the government passed the Bail (Amendment) Bill which led to changes in a magistrate’s ability to grant bail. However, Mr Christie said current crime levels underscore the need for the law to be reviewed.

He added that judges should not be confined to the current case before them in deciding whether or not an individual should be granted bail. He said they should be able to consider the individual’s past crimes when making such an important decision.

“Prosecutors must ensure that judges are presented with all of the information impartially as necessary to make an informed decision. This includes, but is not limited to, previous antecedents, whether defence counsel has interfered with witnesses, whether there is a danger of witness intimidation and whether there is a danger that the accused person may be harmed along with the aforementioned considerations,” the prime minister said.

“The court, which keeps the official record, ought to know that the defendant has been previously before the court and that his trial for another murder has been set down. How could that defendant be given bail on another murder charge? I have asked the attorney general to expedite further amendments to the Bail Act to enshrine in legislation these and any other necessary matters that ought in today’s world to be taken into account when considering the grant of bail. I expect that they will be tabled before the summer recess.

“Let me hasten to add that judges must realise that they are important stakeholders in the administration of justice. Circumstances where a man is before the courts charged with three murders, two of which were committed while he was released on bail or where a man accused of murder is released on bail within 12 months of commission of a murder bring the system into disrepute. In carrying out their role, judges should ensure that all pertinent facts are before them before they consider granting bail. Should all of the relevant information not be before the court, judges should exercise their discretion to adjourn the bail application until both the prosecution and the defence can properly inform the court of all relevant matters.”

Mr Christie also said the government’s plans to have ten criminal courts operating at the same time should enable murder cases to be tried within the constitutionally mandated reasonable period of time.