THE SUPREME Court yes­ter­day struck down con­tro­ver­sial amend­ments to the Bail Act. The amend­ments allowed for per­sons charged with seri­ous offences to be dis­qual­i­fied for bail for a max­i­mum of 60 days.Supreme Court judges Horace March, Patrick Brooks, and Leighton Pusey heard the motion and grant­ed dec­la­ra­tions that the amend­ments were uncon­sti­tu­tion­al and void.

The fore­gone was the lead para­graph in a the Jamaica Gleaner sto­ry regard­ing Jamaica’s Supreme Court Ruling strik­ing down the Government’s amend­ment to the Bail Act.

Attorneys-at-law Norman Godfrey and Marcus Greenwood, who rep­re­sent­ed two per­sons who were being detained under the Bail Act, took the issue to the Supreme Court in May. They argued that the amend­ments were uncon­sti­tu­tion­al, inhu­mane, and inter­fered with the judge’s dis­cre­tion to grant bail for cer­tain offences, includ­ing mur­der. They also argued that the amend­ments removed a cit­i­zen’s fun­da­men­tal right to bail.(glean­er quote)

The Government, in an attempt to curb the high crime rate, had amend­ed the Bail Act in July last year for one year. The act was extend­ed recently.(gleaner quote)

The Supreme court has a right to rule on the Constitutionality and the Un-con­sti­tu­tion­al­i­ty of any law, .
The Parliament, the peo­ple’s rep­re­sen­ta­tives, have a right to make new laws, alter or repeal old, use­less ‚or archa­ic ones ‚and even amend the Constitution.
Those who pre­tend that the peo­ple’s rep­re­sen­ta­tives have no busi­ness inter­fer­ing with laws sim­ply do not under­stand how the sys­tem works , or are disin­gen­u­ous , with acts to grind (enter the tri­al lawyers).
If stronger mea­sures are required to ensure good order ‚then what is need­ed is an amend­ment to the out­dat­ed con­sti­tu­tion, or throw it out all togeth­er, my vote is for the lat­ter.
Over the years the Jamaican Courts have stead­fast­ly refused to keep pace with the rest of the world in the way seri­ous crimes are addressed,the Courts which takes it’s cue from England clear­ly has missed the boat on how to deal with crim­i­nals and ter­ror­ists.
Listed here I will show a few cas­es of total mad­ness by Jamaica’s learned Judges , you be the Judge, (no pun intend­ed)

(1) 04/​21/​2010Jamaica Star: Judge grant­ed bail to 6 men who alleged­ly beat a mar­ried cou­ple who were engaged in inti­ma­cy in the pri­va­cy of their own home.The scums alleged­ly accused the cou­ple of freaky sex,then report­ed­ly beat both hus­band and wife with bats, after which they com­menced to gang rape the woman, report­ed­ly doing the same thing the man was doing to his wife in a con­sen­su­al manner,They report­ed­ly then put a gun to her head and forced her to per­form oral sex on all of them.She report­ed­ly passed out.all six were grant­ed bail in the sum of J$300,000.
(2) 04/​21/​2010 Star : Judge pur­port­ed­ly tells Police Officer to col­lect state­ment from inmate Oniel Fraser,The inmate, Oneil Fraser, charged with wound­ing with intent, told the court that he was being abused by the police offi­cers at the Kingston Central jail and that an Inspector stabbed at him with a knife,Superintendent Cornel Messam of the Kingston Central Police Station told THE STAR that he was aware of the accu­sa­tions made by the inmate. However, he men­tioned that the senior offi­cer was wrong­ful­ly accused.

I am aware of the mat­ter, how­ev­er, the inmate is not being truth­ful about the mat­ter,” said Messam.According to the senior offi­cer, Fraser has been involved in a num­ber of inci­dents at the facil­i­ty since his trans­fer from the Half-Way Tree lock-up. Messam added that such a claim is impos­si­ble, since weapons are strict­ly pro­hib­it­ed from enter­ing the lock-ups,
“I know that inmate, he is a trou­ble­mak­er that was trans­ferred from the Half-Way Tree lock-up … Such alle­ga­tions are impos­si­ble because knives and guns are not car­ried into jail,” said the senior offi­cer.

Fraser was sen­tenced to three months in prison last week for using a pad­lock to cause injury to an inmate.

The police said that the mat­ter is being inves­ti­gat­ed.
Resident Magistrate Georgiana Fraser was very con­cerned about this accu­sa­tion and imme­di­ate­ly asked that a police offi­cer take a state­ment from the inmate and ensure that it is report­ed to the Complaints Division.

(3) Friday July 16th 2010 Activist Judge Judith Pusey grant­ed bail to a 51 yr old moth­er, and her 15-year-old daugh­ter, in the sum of J$150,00, and J$50,000 respectively,the equiv­a­lent of US1’685.00, and US$561.00 , both women were charged with blud­geon­ing to death the 55 yr old father and boyfriend of both accused,nothing more to be said here this is unimag­in­able this is what life is worth in Jamaica the price of a park­ing tick­et.

(4) cor­po­rate area Court:A judge releas­es two men with sus­pend­ed sen­tences of one year , after they con­fessed to putting a bul­let through the back of a taxi dri­ver whom they robbed so they could have mon­ey for new sneak­ers and jack­ets to wear to the dance the night of the killing, the deceased left a wife and three chil­dren with­out any form of finan­cial sup­port.
The Judges com­ment on releas­ing them ? I don’t want you men to become more hard­ened crim­i­nals by send­ing you to prison.
My ques­tion is, how much more hard­ened can one become beyond being an armed rob­ber and a mur­der­er? .
If I was to haz­ard a guess I would say this is not the first crim­i­nal act they had com­mit­ted, nor the first life they had tak­en.

This par­tic­u­lar case has left me stunned beyond words.

The cas­es of Judaical abuse and absolute­ly insan­i­ty are too many to men­tion , but now here in this forum we will be hold­ing their feet to the fire, we will be call­ing them out. and we will not be deterred,

Have your say.

Mike beck­les: