Lawyers vehemently opposed to amendment to bail act

I cannot recall any change to criminal laws in Jamaica that have been supported by Jamaican lawyers, no matter what.

Andrew Holness yesterday made mention of the fact that he has asked that amendments be made to the bail act to refuse bail to some categories of those accused of murders. The words had not hit the ground before some of our “brightest” criminal lawyers where all over the news hoping mad that the government would want to take away the “constitutional” right of Jamaicans by virtue to these changes, which they are not even yet aware of.( The amendments)

I heard one very “bright” lawyer saying ” What empirical evidence is there to prove or support the point that those accused of murder commits murder while on bail”.

This may seem like a rather smart question, but if you were to analyse that for just one minute you see how this kind of thought process, while may legally sound good, is rather suspect and actually morbid in taure

To have evidence , means someone has to be murdered by someone who has already been accused  of murder and this guy would have had to have been tried and convicted of both murders.

Follow me for a second.

Jay is accused of murder and is arrested and charged. He goes before the court and is granted bail and case scheduled for a date in the future. While on bail, Jay is accused , arrested and charged for murdering a witness in the case against him , he is now refused bail.

He goes to court for two murder charges, which are tried separately and is found guilty on the first but not the second, because he was not picked out in an identification parade and the one witness decides to migrate out of fear.

From the lawyers perspective, while Jay is guilty of murder in the first case, there is no empirical evidence to suggest that he committed a second murder while on bail, because he got off that particular case, by virtue of no guilty verdict as directed by the judge.

John Brown falls into the same category as Jay and does the same thing and gets away also. Clearly accordingly to our lawyers, there is no link between the bail of these two guys and the death of of the witnesses against both.

One can therefore reason that there is no basis in law to change the bail act as it has not been proven in a court of the law, that murderers on bail commits murders.

The only time, this evidence can arise, is when these guys actually commit a second murder and is found guilty of that second case. Now you cannot use one case to change the law, so you would need to have multiple cases of people being murdered by murderers who are out on bail and all of these folks must have been found guilty in a court of law

So out lawyers are essentially saying, people must die for us to get the “empirical evidence” to support such changes to the law.

I thought the role of government via the security forces was to preserve life ie the police would have been expected to work to prevent as much murders as possible , clearly I must have been wrong according to the reasoning of these esteemed lawyers.

The next argument is not everyone accused and arrested of murder is guilty, ok then, very true.

My question is ” Would you support an accused child molester being allowed to return to the Kindergarten school which he previously worked and be  responsible for looking after the your child”.

I would expect the answer to be a resounding yes, after all the man was merely accused of child molestation and has not been convicted in a court of law, so he should be free to go back to work. Unless he repeats the same act on another child ( maybe your kid), then his constitutional right to bail MUST be observed.

I may have been extreme here but clearly this is the path that would logically follow from the thought process of these very bright lawyers.

May the lord help us.













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