One of the things I write about constantly is the lax nature of Jamaica’s judges decisions as it relates to bail and sentencing. As a former law enforcement officer I witnessed it firsthand, the total disregard for the difficulty of removing vicious criminals from the streets based on a multiplicity of factors to include terrain, sometimes entire communities collaborating with the accused and lack of resources .
Yet Jamaica’s criminal loving judges summarily turn them loose as soon as they are brought before the courts.
It’s as if those on the bench have a vendetta against law enforcement and they use the bail act to get back at the police.
Unfortunately the consequence to the public is extremely costly.
One of the arguments they use in pushing back against police criticisms is that bail was not intended to be used as punishment.
Of course not! Bail was never intended to punish an accused but certain other points have to be considered .
Not arbitrarily granting Bail, particularly to violent offenders is one way “the people” guarantee that accused persons are made to account for the crimes they are charged with committing.
Additionally what the criminal loving judges will not speak to, is the fact that the Bail Act also makes provisions for serious offenders to remain in custody based on certain criterias ‚.
Those criterias include..
(1) The likelihood of flight(absconding).
(2) The offender interfering with the Investigation.
(3) The offender harming witnesses.
(4) The likelihood the accused will reoffend.
Well guess what, a large percentage of them actually do reoffend.
If these criterias are taken into account when the question of bail is considered for violent offenders the likelihood of violent offenders returning to the streets pretrial would be vastly reduced and many potential complainants/witnesses would still be alive.
In many Nations if one is accused of murder or inflicting serious bodily harm to another human being he or she has no expectation of bail pretrial.
Not so in Jamaica.….
In some cases murderers are granted bail after being arrested and charged for murder/s and are summarily given bail upon which they go out and eliminate witnesses/complainants.
In one well documented case one particular defendant had five separate unresolved murder arrests. He was given bail each time he was arrested. He then went out and killed each time he was released on bail then simply left the country.
Not only did he kill witnesses he absconded the jurisdiction.
Despite the gaping hole in the Bail Act the parliament has done nothing to ensure that if one is charged with murder or other serious felonies and the complainant/witnesses are killed the case continues regardless.
TIVOLI ENQUIRY OFFERS IDEA HOW A CARIBBEAN COURT OF JUSTICE WOULD OPERATE..
I am tired of hearing about innocent until proven guilty.
We are all conversant and protective of the presumption of innocence but it cannot be so heavily slanted to one side that we lose sight of the heinous crimes being committed by people who should be in custody.
It is important that people who commit crimes are made to answer for their actions. How can we expect people to be deterred from committing crimes when we make it so easy for them to walk away without consequence in Jamaica?
On the other hand on the rare occasion that the well connected are victims of crime every stop is pulled out , every stone overturned to bring those responsible to justice.
Too many Jamaicans have accepted the congame that there is one system of justice in our country or that the system is insulated from the tentacles of corruption.
It is a lie which becomes clear when people the system value become victims.
Manchester residents Milton Green and Andy Weir were on Thursday sentenced in the Manchester Circuit Court for the murder of former People’s National Party Member of Parliament Dr Neil McGill. Green is expected to serve 30 years before being eligible for parole, while Weir is expected to serve 20 years. McGill, on a visit to the parish, was reportedly found in his vehicle with gunshot wounds in the community of Hillside in August 2010. He was the former Member of Parliament for St Mary Western from 2002 – 2007. He was also a justice of the peace, a retired Jamaica Defence Force Reserve soldier and businessman.Killers of PNP politician sentenced
Where are these kinds of sentences for the 1600 plus Jamaicans killed each year who are not members of the PNP or have “Dr” behind their names?
So much for the ‘justice is blind bullshit”.