The bail application statistics show that between 2000 and 2002, 36 persons charged with murder were released on bail and nine charged with attempted murder were also released on bail.
Acording to lawyer Wayne Munroe, there are two main circumstances under which a person would be granted bail for murder.
The first is when a person may have been in custody for an undue period of time because under Article 19of the Constitution, if a person is not tried within a reasonable period of time, they are to be granted bail.
In other circumstances, if it is clear that there is no real possibility of the person being convicted, bail is granted.
“A backlog is defined as when you have cases that are ready for hearing and there is no available judge to hear them. What we have in the judicial system is not a backlog because we have judges sitting down everyday waiting for cases to be brought before the court and none ready to be brought before them,” said Mr. Munroe.
“What happens is that you charge some one with murder, it’s set down for hearing and witnesses or people making the complaint, don’t show up to court. So it’s adjourned and courts are slow to throw a matter out because of what people might say about it,” said Mr. Munroe.
“In Canada they would dismiss the case after six months regardless of the what the charge is, but here the press would scream bloody murder, ‘they throwin’ out a bunch of murder cases’ and the rest of that. There is no backlog it’s just something politicians say,” said Mr. Munroe.
The delays are caused by the “mere nature of how you do justice”.
Source: Rupert Missick, The Tribune
