Former Chief Justice: Bail Should Not Be Denied As Punishment

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NASSAU, BAHAMAS – As the issue of bail continues to be a topic of discussion, a former chief justice believes there should be exceptions to bail breaches, once there’s evidence.

Former Chief Justice Sir Michael Barnett says bail should not be denied as an act of punishment.

Amid ongoing challenges with breachers in bail, former Chief Justice Sir Michael Barnett says bail should not be denied simply as a punishment for a crime a person has not been convicted of as yet, but he admits there are some exceptions.

Last year, the Davis administration passed amendments to the Bail Act to, among other things, ensure bail is automatically revoked for suspects who violate the conditions of their bail.

Sir Michael, who’s also the former court of appeal president, says there has to be evidence.

Last year, police recorded multiple instances of men being electronically monitored ending up gunned down in tragic murders.

There have also been other instances of people on bail breaching conditions or even cutting off their ankle monitor.

Sir Michael also touched on concerns about jury trials, saying there needs to be a serious conversation on the matter as he says Parliament and society must agree on the decision.

Talking through some of the other challenges, the former Chief Justice says many Bahamians don’t want to do jury duty.

The Constitution gives a person the right to trial by jury in the Supreme Court, which means a Constitutional Amendment is needed to change this.

Based on merit, Sir Michael says many matters should be heard by a judge alone.