Samuels-Brown

President of the Jamaican Bar Association, Jacqueline Samuels-Brown, has denounced any suggestion that persons charged with serious crimes be denied bail for 60 days after they are arrested.

This is one of the controversial proposals in the latest crime-fighting measures announced by Prime Minister Bruce Golding in Parliament on Tuesday.

Making it clear she was not speaking on behalf of the Bar Association, Samuels-Brown expressed concern that the proposal might restrict judges' discretion in carrying out their duties.

Dons

"My personal view, arising out of experience in the court, is that the executive ought not to interfere or restrict judges' discretion to impose measures and procedures to fit particular cases," said Samuels-Brown.

"We all know in Jamaica that when one don is removed from the scene, two or three shoot up like weeds. So refusal of bail cannot offer any long-term or fundamental solutions," she added.

Golding's anti-crime-fighting initiatives included extended detention of criminal suspects for up to 72 hours, and provisions for a minimum of nine jurors out of 12 to decide on non-capital murders.

Nancy Anderson, secretary of the Independent Jamaican Council for Human Rights (IJCHR), said the measures announced by the prime minister represented a breach of the constitutional rights of the people.

Anderson agreed with Samuels-Brown that the restriction on bail would infringe on the rights of the judiciary.

She said the IJCHR was recommending that further advice be sought on the proposed amendment to the Bail Act.

In a statement, the IJCHR stated that the imposition of a mandatory remand undermines the constitutional provision of the presumption of innocence and the discretion of the judges.

According to the IJCHR, this would mandate a judge to 'sentence' a person to 60 days imprisonment, without a trial or any proof of wrongdoing - in breach of several rights guaranteed by the Constitution.

Lawyers in court yesterday also objected to Golding saying multiple cases, on a single day, would not be tolerated.

Defence lawyer Linton Walters said his colleagues were being blamed for cases being adjourned.

Another defence lawyer, CJ Mitchell said the political directorate had no authority to dictate how many cases should be in their diaries.