Attorney General Faris Al-Rawi’s hope to have litigation before the Judiciary to begin the process of releasing some non-violent inmates due to the COVID-19 pandemic did not fully materialise Friday.
Speaking at a press conference on Thursday, Al-Rawi claimed the proposed lawsuit to help facilitate the process would be filed by that afternoon or Friday.
However, when contacted yesterday, sources close to the legal team from the AG’s Office, led by Senior Counsel Fyard Hosein, said they were still completing the process up to late Friday.
Guardian Media understands that the team may have to do further consultations with stakeholders such as the Commissioner of Prisons, Commissioner of Police, Director of Public Prosecutions (DPP), Court Registrar and Public Defenders’ Division before it is filed.
The process may still be completed over the weekend, as the case will most likely qualify for an urgent hearing under recent practice directions issued by the Judiciary during the COVID-19 pandemic. Once filed electronically, any hearing subsequently set will take place via video conferencing.
The AG, in a brief interview yesterday, told Guardian Media that all the information was being compiled by the relevant stakeholders - so that when the court order comes down they would be ready to proceed in a timely fashion.
Guardian Media also understands that the slight delay in the legal team completing the filing was due to the fact that they were being thorough in compiling a large amount of information on each prisoner’s case to ensure releases can be expedited once the court begins to hear it.
Speaking earlier this week, Al-Rawi noted that by preliminary calculations, the proposal is expected to affect at least 388 non-violent remanded and convicted prisoners including some minors. He said the Commissioner of Police and the Director of Public Prosecution will provide victim impact statements for all cases, noting that low-risk criminals with very minor crimes will be considered for release. These include those charged with failure to pay maintenance, obscene language, possession of marijuana less than 30 grammes, possession of a smoking device, cultivating marijuana as well as motor vehicle and road traffic offences. He noted that in the vast majority of cases being considered for release, the court granted bail but prisoners continued to languish in prison at a high cost to taxpayers because they were too poor to raise the bail.
Al-Rawi explained that there were 3,959 people in jail.
“Of that figure, 3829 are men 130 are women. In that 3959, we also have people that will not be accessing bail in any circumstances. A total of 1,115 are charged with murder. As you know we have 10 prisons, and two child rehabilitation centres and an Immigration detention centre. That centre is handled by the Ministry of National Security and is handled outside of court processes,” Al-Rawi said.
He noted that the Government had come up with a concept paper having looked at what was being done in the prisons of several Caricom countries as well as other jurisdictions in Europe, the Middle East and other regions.
Al-Rawi noted that those inmates on Remand awaiting bail will be taken before the court to get bail and those who got bail for minor offences but could not raise the bail will also be considered for release. Those who are convicted will have to apply to the Mercy Committee of the Office of the President to qualify for release once recommendations are made by various representatives.
Al-Rawi said they have already done the research and have identified 149 people who are on Remand for release, while 239 people who are serving sentences for monitor offences are also being considered for release.