‘They are killing people, they are out there’ – Chang
Current Bail Act ineffective against criminals, says security minister
NATIONAL SECURITY Minister Dr Horace Chang has said the the current Bail Act has allowed some 32 persons from Westmoreland, who are believed to be prime players in criminal activities, to be back on the streets, and fears that that they will unleash more violence.
According to Chang, there are cases where the police may detain gangsters but do not immediately have the evidence to convict them, and the courts would let them out on bail.
“The one more worrying to the police that we have now, are some 32 gang members who were taken to the court, granted bail, and are back out on the road. They are killing people, they are killing each other, they are out there,” said Chang.
“In fact, there is a particular individual who has become famous. I think he has more than eight bail applications; he has about six or seven charges for murder. One of his bail guarantors was killed at one stage, but he is still out there,” added Chang.
Chang was speaking with journalists last Thursday following a closed-door meeting with the police commissioner, Major General Antony Anderson; head of the Westmoreland Police, Senior Superintendent Wayne Joseph; Westmoreland Custos Hartley Perrin; Chamber of Commerce President Moses Chybar; and other senior officers.
CHALLENGES
In emphasising the challenges facing the police, Chang pointed to an unnamed gangster who is facing seven counts of murder and has been granted bail on all counts, except for the most recent indictment.
“On this occasion, he is still behind bars, and I hope they keep him there. It’s a reflection of some of the problems we have,” said Chang. “I don’t know, and I am not going to try, I don’t want to prejudice the case; but that is proving to be a real problem in Westmoreland.”
Section 4A of the 2010 Bail Act states that bail shall be granted to a defendant in relation to an offence specified in the second schedule, only if the defendant satisfies the court that bail should be granted.
But, while acknowledging that bail is still a right as a guarantee under the Constitution, Chang believes that individuals who pose a threat to their community should be kept behind bars.
“My understanding is, if the prosecutors can demonstrate or show clearly that the apprehended individual is a threat to the community or the individuals in the community, they can deny bail,” said Chang.
Meanwhile, the Government, in an effort to support the work of the police in keeping communities safe from criminal murders, is to pilot a new Bail Act that will, among other things, prevent persons charged with murder from getting bail.
Chang said the new Bail Act will be tabled in the Parliament within the next two weeks with significant amendments.
“If you [are] on murder charge, you cannot be at large,” said Minister of Legal and Constitutional Affairs Marlene Malahoo Forte, while addressing Parliament last month.