Members of the judiciary attended a church service at Christ Church Cathedral as well as a ceremony at the Margaritaville Hotel as the legal year officially opened on Thursday.
At the ceremony jurists were addressed by Attorney General and Minister of Legal Affairs, Sen. Hon. Ryan Pinder KC, as well as President of the Bahamas Bar Association, Khalil Parker KC and Chief Justice Sir Ian Winder.
Chief Justice Winder spoke to the issue of bail in his remarks saying, “contrite to the opinion of some there is no prohibition on the grounds of bail for murder. This was settled recently in the Privy Council case of Attorney General for Trinidad and Akili 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. A charge is not a conviction. The fact that the police have alleged that you have committed an offence does not automatically suspend your constitutional rights for two years. A judge does not have the only word on bail. When a judge grants bail it is open to the DPP to appeal that decision as far as they need to. The law permits the accused to remain in custody until the appeal is heard. Supreme Court judges are bound by the decisions of the Court of Appeal and only seek to abide with the rules established in those decisions.”
For his part, the Attorney General addressed the strategy being utilized by some Attorneys in court for adjournments. He said, ”this, my Lord, is unacceptable. Certainly adjournments are understandable but today’s defense counsel clearly use it as a litigation strategy and that is unacceptable. I implore the private bar to be more principled in their litigation strategy and I ask the judiciary to have a firmer grip on the functions of their courts.”
Pinder also addressed the issue of bail saying, “the prosecutors, likewise, most be more aggressive in appealing instances where bail is granted and the elements I have described exists. I have spoken to the Acting Director of Public Prosecutions and we both agree a more aggressive approach in appeal to the granting of bail.”
The President of the Bahamas Bar Association also addressed the issue of bail in his remarks. He said, “while the court should have regard for whether an accused person should be kept in custody for their own protection or otherwise that is a matter for the court to determine based upon the individual application, facts and evidence before it.”
(BIS Photos/Mark Ford)
