The controversial issue of the grant of bail to people accused of murder took centerstage at yesterday’s ceremony to mark the Opening of the Legal Year.
Attorney General Ryan Pinder KC called for prosecutors to be more aggressive in appealing decisions to grant bail in certain circumstances.
Meanwhile, Bar Association President Kahlil Parker KC and Chief Justice Sir Ian Winder defended members of the judiciary who granted bail to suspects accused of murder and other violent offenses.
According to Pinder, of the 77 people who were charged with murder in 2023, two of them allegedly committed another murder once released on bail.
He added that five people who were given bail for murder in 2023 were subsequently charged with other major offenses.
Pinder said that 12 of the people charged with murder last year were already on bail for murder when they were charged and that 24 of the 77 were released on bail within the same year.
“We know that the Court of Appeal has upheld the denial of bail in two specific instances: one, the need to protect the safety of the public; and two, whether the defendant should be kept in custody for his own protection,” he said.
“Statistics have shown that those on bail for murder generally are repeat offenders. Statistics also show those on bail for murder are also eventually victims of murder.
“Statistics also show that innocent people are at risk for injury or death because of these retaliatory killings. These in my opinion justify a more aggressive approach by the judiciary in denying bail in murder cases.”
In his remarks, Parker described public commentary on the murders of people on bail for murder as “misguided scapegoating of the judiciary and an undue attack on the administration of justice”.
Parker continued, “The presumption of innocence is sacrosanct, as is every individual’s right to due process under the law.
“Therefore, in order to analyze the bail decisions of the judiciary reasonably and critically, one ought to have due regard to the arguments, evidence, and facts before the court in these cases.
“Further, one has to acknowledge that the decision of the court whether or not to grant bail is itself subject to appeal.
“It is far too easy to simply say that ‘too many people are out on bail’. While this may be a genuinely held belief, the answer involves a complex analysis that must also include a fully resourced Department of Public Prosecutions, Office of the Public Defender, and a better funded Crown Brief System.”
He added, “Having identified individuals released on bail as a vulnerable class of persons, what we need are policing and other strategies targeted at effectively monitoring and providing such individuals meaningful protection.
“We also have to consider the conditions at The Bahamas Department of Correctional Services, and whether it is a facility one can reasonably ask anyone to remain ‘for their own safety’.”
Sir Ian noted that contrary to the belief of some, there is no prohibition on the grant of bail for murder, as decided in the recent Privy Council case of AG for Trinidad v Aliki Charles.
“Also, contrary to the opinion of some, the law does not prescribe a two-year requirement before an accused can be admitted to bail for the offence of murder,” he said.
“A charge is not a conviction. The fact that the police have alleged that you have committed an offense does not automatically suspend your constitutional rights for two years.
“The police and the prosecution must demonstrate that there is a basis for the pre-trial detention beyond the fact that it is a murder charge.
“The seriousness of the offense alleged is indeed a very relevant factor, but not the only factor.
“The nature of the charge and of the evidence available in support thereof, the likely sanction in case of conviction, whether conditions can be put in place to ensure the accused attends at his trial, the accused’s record, if any, the likelihood of interference with witnesses, the need to prevent public endangerment and the safety of the accused are some of the other factors the court must also consider.”
