Senior Reporter
dareece.polo@guardian.co.tt
The Judiciary is defending itself against criticism from National Security Minister Fitzgerald Hinds, who is of the view that bail is made too easily accessible for certain offences.
On Tuesday, Hinds said police officers were left “demoralised” after a magistrate had granted $100,000 bail to a Chinese national caught in a meth lab operation at The Residences, San Fernando, in August. He said bail should not have been so easily accessible to a foreign national, noting that three Chinese nationals granted bail in another drug matter last year had fled the country.
In an emailed correspondence to Guardian Media, however, the Judiciary explained that it could only act within the law and said it depended on the police service to provide the evidence necessary to deny bail where applicable.
“The decision as to whether or not to grant bail and the conditions of bail is impacted by the information put forward at the bail hearing by the prosecution and the accused. It should not be presumed that on every occasion information in the knowledge of the prosecution or subsequently stated was presented to the judicial officer at the bail hearing,” the email said.
The Judiciary added that it had no qualms with Hinds’ comments, as the institution was not above commentary.
“In any event, the Judiciary is not a sacred cow and is quite open to criticism. Further, any person is free and within their right to criticise a decision of a court once such criticism does not rise to the level of defamation or a threat,” it said.
Police and Social Welfare Association: Bail affecting cops’ morale
However, Trinidad and Tobago Police Service Social and Welfare Association (TTPSSWA) president, ASP Gideon Dickson, echoed the minister’s statements, as he took judges to task.
ASP Dickson referenced the case of a man charged with a 2018 murder who received bail earlier this year. In March, he was arrested again during a raid at his HDC apartment, where police found eight semi-automatic pistols and more than 3,200 rounds of assorted ammunition.
“It has had an impact on officers’ morale. The officers spend a lot of painstaking hours to be able to proffer charges against persons and before the blink of an eye, the file isn’t even submitted yet, persons are back out on bail,” Dickson said.
As for the meth lab found in south Trinidad, he felt that the magistrate who presided over the case should have acknowledged the gravity of the matter.
“The fact that it was the first of its kind found in Trinidad here, consideration ought to be given to the circumstances and the implications of these things in allowing persons to just get back out just so to continue their criminal enterprise,” he said.
“There must be a level of interrogation and due diligence also by the court in arriving at the decision in terms of granting bail and how much the bail should be set at. It shouldn’t be, a $100,000 bail is almost like nothing, it’s nothing!” he added.
Also speaking on behalf of officers, TTPSWA secretary Natalie John said law enforcement officials were at their wit’s end.
“It’s almost like if the police is spinning top in mud because sometimes you go through your investigation, you charge somebody, and before you say ‘Jack Robinson’ they are outside on bail for all offences. And now it would even happen with murder because murder suspects can now get bail,” John said.
Information a deciding factor
Meanwhile, a prosecutor, who spoke with Guardian Media on the condition of anonymity, shut down claims that denying bail would make a difference to the country’s crime situation. He said the Bail Amendment Act, 2019, which provided a three-year sunset clause to refuse bail for certain offences for 120 days, proved ineffective.
Despite this, the lawman also admitted that prosecutors sometimes fell short of giving magistrates sufficient reason to deny bail.
“Oftentimes, not all the time, not enough information is given to the prosecutor for him to be able to launch a robust bail objection,” he said.
He noted that this was because of several reasons, including delays in background checks. Acknowledging that extensions can be requested to get the criminal record of suspects, he said this was still based on the magistrate’s discretion. He added that judges are keener to restrict bail if they, themselves, are familiar with the alleged offender.
“Magistrates are creatures of statute and if that’s the case, then they shouldn’t have unfettered discretion in how they’re treating with these issues,” he said.
“Now we can’t say that the Judiciary is totally to blame, also. It’s a whole legislative nightmare that binds the hands of both the police and the Judiciary in treating with the issue,” he continued.
The police prosecutor said there was a need for a structured case management system within the TTPS. He further called for more focus to be placed on strengthening the Court and Process Branch by providing manpower and other resources.
Meanwhile, acting Senior Superintendent of the Court and Process Branch John Andrews told Guardian Media that while some prosecutors fail, at times, to provide necessary information at the bail hearing, it is not their fault.
He said when the Ministry of National Security does not pay for the upkeep of its criminal records system, that data cannot be retrieved in time for trial.
“The only thing that we might not get in a timely manner is the tracing, meaning the criminal record when you take the fingerprint and you send it to the criminal records office. That system is a computerised system and sometimes that system breaks down so we’re unable to get it on a timely basis,” he said.
As for judges making decisions based on their discretion, Andrews said “it should be more standardised”.
He added that bail denial was just one issue, stressing that the court process takes too long.