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ATTORNEY General Faris Al-Rawi on Wednesday welcomed the High Court’s ruling that effectively keeps no bail for murder on the law books.
On Tuesday, Justice Joan Charles dismissed the constitutional claim of a former murder accused who asked her to declare section 5 of the Bail Act, and section 51 of the Children Act unconstitutional. Akili Charles wanted the court to allow people charged with murder to apply for bail.
Charles said the Bail Act, which made murder a non-bailable offence, was consistent with judicial norms and practices, as there was no legal authority that showed judges of the High Court granted bail for murder either at the common law or by statute.
She also held there was nothing to show the sections complained of were incompatible with the Constitution.
In a release on Wednesday, Al-Rawi said it was the State’s position that “from time immemorial, judges did not grant bail to a person who was charged for murder,” and that it was for Parliament to make any changes to the legislation on bail.
In her decision, Charles agreed. She also said it was for the legislature to consider the categorisation of murder.
Al-Rawi said, “The Government remains committed to advancing legislative reform for the peace, order and good governance of the people of Trinidad and Tobago and will continue to vigorously defend the rule of law.”
He said his office had an aggressive legislative and operational agenda which it will make public “in the weeks ahead.”
“We intend to call for stakeholder consideration on far-reaching measures and are confident that justice can be realised through dedicated effort and persistent intent,” the AG said.
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