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 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If stronger measures are required to ensure good order ‚then what is needed is an amendment to the outdated constitution, or throw it out all together, my vote is for the latter.
(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.
Presiding Judge MARCIA DUNBAR-GREEN
(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.