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Judge gets tough on murder accused, tells lawyer to call human rights groupsBY PAUL HENRY Sunday Observer reporter editorial@jamaicaobserver.com
Sunday, October 19, 2008
A high court judge on Friday refused bail applications for three persons accused of serious crimes, including murder, and advised at least one defence counsel to contact human rights groups if he felt that his client was denied justice.
"You can call human rights and all the people you want to call. I'm not afraid of anybody. Bring all the human rights groups you want to," Justice Kay Beckford said following an exchange in the Home Circuit Court between herself and attorney C J Mitchell, who was seeking bail for one of his clients, Ian Ellis, who is facing two separate charges of murder.
Added Beckford: "The man is on two separate murder charges and you want to make bail application? No bail."
The judge's decision is likely to add more fury to the debate over bail proposals in an anti-crime bill being examined by a joint select committee of Parliament.
Since the committee began sitting in mid-September, legal minds, parliamentarians and rights groups have been at odds over a proposal to make an interim statute (in force for one year) for persons charged with serious offences to be detained without bail for up to 60 days.
As well, a proposal seeking to amend the Bail Act to require the accused to satisfy the court that bail should be granted, and conferring on the director of public prosecutions the right of appeal where bail is granted by the court has been causing conflict among the parties.
Last week, the committee decided that, despite opposition from local rights groups and lawyers, they would push ahead with the proposals, made in bipartisan discussions between the Government and Opposition in the wake of a wave of crime which swept the country earlier this year.
On Friday in court, another accused, Neville Barnes, who is on three counts of rape, was on the receiving end of Beckford's sarcasm when she told his attorney that jail was the "safest place" for him because three persons have already "told lies" on him.
Beckford then instructed the Crown counsel to note "no bail" on each count of rape filed against Barnes.
Barnes' lawyer, however, told Beckford that none of the complainants in the matter were able to identify Barnes. But the judge retorted, "Take it [the bail application] elsewhere - not before me."
Shortly after those exchanges, that had the court in stitches, 31-year-old Ingrid Gibson, who is accused of stabbing to death her common-law husband, Omar Mellis, last year was brought before the court.
During the brief bail application, Beckford seemed to soften, even sharing a laugh with Gibson's lawyer, Tamika Harris, at the end of the application, before refusing the request, to the amusement of those present.
Beckford noted that Gibson was charged with a serious offence and said that women today like to claim equality "but don't like to be equal" when things go wrong.
Beckford uttered, in her usual sotto voce-style, that women nowadays were committing all sorts of crimes and expected to get bail because they are women.
"Dead is dead," Beckford said.
Gibson, who has a four-year-old son for the deceased, had been granted bail in the Half-Way-Tree Resident Magistrate's Court, but it was revoked when the matter was transferred to the Circuit Court in September.
Harris told the Observer after court that she would be making an in-chambers bail application on behalf of her client.
Beckford's firm stand on Friday will no doubt give legislators reason to question the police's push for senior officers to be granted power to enforce the 60-day detention.
In an effort to support the constabulary's case, Police Commissioner Hardley Lewin and one of his deputies, Mark Shields, last month presented the joint select committee with seven cases of persons charged with serious crimes who, after being granted bail, committed murders.
In one of the cases, Shields said the accused, after being charged with carnal abuse in 2003, was granted bail after which the carnal abuse victim - who was six to seven months pregnant - was murdered in 2004. The accused was then charged with murder, but was again granted bail, only to be arrested in 2006 for a double murder.
Shields also outlined the case of a prominent gang leader who was charged with murder in 2003, committed triple murder in 2005 while on bail, absconded to the USA, was eventually held by US authorities and deported. On arrival in Jamaica the gangster was charged with triple murder, was granted bail, breached the bail conditions and was re-arrested, but was again given bail. A witness in the case against the gang leader was murdered and now the gangster is in custody.
In a third case, Shields said that the murder accused, after being charged, absconded bail then committed a double and single murder. That person, he said, is also a suspect in four other murders as well as one case of arson.
Lewin and Shields also presented the committee with police data showing that 71 persons charged with serious criminal offences have committed other crimes while on bail.
Of the 71, the data said, 26 committed murder; of 21 who have murder as a first offence, seven re-committed murder as a second offence; 27 of the 71 committed shooting with intent; and 18 of the 71 were charged with illegal possession of firearm.
http://www.jamaicaobserver.com/news/...__NO_BAIL_.asp
Sunday, October 19, 2008
A high court judge on Friday refused bail applications for three persons accused of serious crimes, including murder, and advised at least one defence counsel to contact human rights groups if he felt that his client was denied justice.
"You can call human rights and all the people you want to call. I'm not afraid of anybody. Bring all the human rights groups you want to," Justice Kay Beckford said following an exchange in the Home Circuit Court between herself and attorney C J Mitchell, who was seeking bail for one of his clients, Ian Ellis, who is facing two separate charges of murder.
Added Beckford: "The man is on two separate murder charges and you want to make bail application? No bail."
The judge's decision is likely to add more fury to the debate over bail proposals in an anti-crime bill being examined by a joint select committee of Parliament.
Since the committee began sitting in mid-September, legal minds, parliamentarians and rights groups have been at odds over a proposal to make an interim statute (in force for one year) for persons charged with serious offences to be detained without bail for up to 60 days.
As well, a proposal seeking to amend the Bail Act to require the accused to satisfy the court that bail should be granted, and conferring on the director of public prosecutions the right of appeal where bail is granted by the court has been causing conflict among the parties.
Last week, the committee decided that, despite opposition from local rights groups and lawyers, they would push ahead with the proposals, made in bipartisan discussions between the Government and Opposition in the wake of a wave of crime which swept the country earlier this year.
On Friday in court, another accused, Neville Barnes, who is on three counts of rape, was on the receiving end of Beckford's sarcasm when she told his attorney that jail was the "safest place" for him because three persons have already "told lies" on him.
Beckford then instructed the Crown counsel to note "no bail" on each count of rape filed against Barnes.
Barnes' lawyer, however, told Beckford that none of the complainants in the matter were able to identify Barnes. But the judge retorted, "Take it [the bail application] elsewhere - not before me."
Shortly after those exchanges, that had the court in stitches, 31-year-old Ingrid Gibson, who is accused of stabbing to death her common-law husband, Omar Mellis, last year was brought before the court.
During the brief bail application, Beckford seemed to soften, even sharing a laugh with Gibson's lawyer, Tamika Harris, at the end of the application, before refusing the request, to the amusement of those present.
Beckford noted that Gibson was charged with a serious offence and said that women today like to claim equality "but don't like to be equal" when things go wrong.
Beckford uttered, in her usual sotto voce-style, that women nowadays were committing all sorts of crimes and expected to get bail because they are women.
"Dead is dead," Beckford said.
Gibson, who has a four-year-old son for the deceased, had been granted bail in the Half-Way-Tree Resident Magistrate's Court, but it was revoked when the matter was transferred to the Circuit Court in September.
Harris told the Observer after court that she would be making an in-chambers bail application on behalf of her client.
Beckford's firm stand on Friday will no doubt give legislators reason to question the police's push for senior officers to be granted power to enforce the 60-day detention.
In an effort to support the constabulary's case, Police Commissioner Hardley Lewin and one of his deputies, Mark Shields, last month presented the joint select committee with seven cases of persons charged with serious crimes who, after being granted bail, committed murders.
In one of the cases, Shields said the accused, after being charged with carnal abuse in 2003, was granted bail after which the carnal abuse victim - who was six to seven months pregnant - was murdered in 2004. The accused was then charged with murder, but was again granted bail, only to be arrested in 2006 for a double murder.
Shields also outlined the case of a prominent gang leader who was charged with murder in 2003, committed triple murder in 2005 while on bail, absconded to the USA, was eventually held by US authorities and deported. On arrival in Jamaica the gangster was charged with triple murder, was granted bail, breached the bail conditions and was re-arrested, but was again given bail. A witness in the case against the gang leader was murdered and now the gangster is in custody.
In a third case, Shields said that the murder accused, after being charged, absconded bail then committed a double and single murder. That person, he said, is also a suspect in four other murders as well as one case of arson.
Lewin and Shields also presented the committee with police data showing that 71 persons charged with serious criminal offences have committed other crimes while on bail.
Of the 71, the data said, 26 committed murder; of 21 who have murder as a first offence, seven re-committed murder as a second offence; 27 of the 71 committed shooting with intent; and 18 of the 71 were charged with illegal possession of firearm.
http://www.jamaicaobserver.com/news/...__NO_BAIL_.asp
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