The Editor, Sir:

The Gleaner report of September 26, by your staff reporter Barbara Gayle entitled 'Deacon finally gets bail' had certain remarks by Mrs. Justice Marva McIntosh which were most refreshing. The judge in granting bail said, "My decision cannot be based on emotions but must be based on legal principles."

The item went on to state: "The judge, in referring to the Bail Act, said that the accused was not convicted of any criminal offence. She said 'I must apply the relevant principles and the relevant considerations when determining whether bail ought to be granted'".

The remarks of the judge were reassuring as I have been deeply disturbed by the way certain aspects of this case have been treated particularly by some elements of the electronic media, a number of interest groups and the chattering classes.

Serious allegations

There is no doubt that the allegations in this case are very serious and that persons charged should be put before the court, tried and if found guilty, receive condign punishment. Such persons are, however, presumed to be innocent and are entitled to a fair trial. The right to a fair trial must be balanced against the right of the media to publish and comment and the right of the general public to receive information and to comment. It is a delicate balance with which the courts have had to struggle.

It is hoped that an impartial and "unemotional" jury can be found, in due course, to try this matter and that justice will be done.

Mrs. Justice McIntosh's remarks, though not earth-shattering, are a timely infusion of judicial oxygen into this case.

I am, etc.,

BERESFORD HAY

P.O. Box 1191

Kingston 8