The AG comments on landmark ruling by Chief Justice and Court of Appeal related to option for bail for murder accused in T&T

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The AG comments on landmark ruling by Chief Justice and Court of Appeal related to option for bail for murder accused in T&T

The Attorney General Faris Al Rawi at a press conference has commenting on the landmark ruling of the Chief Justice Ivor Archie and Court of Appeal related to the option of bail for murder accused in Trinidad and Tobago.

The AG quoted the constitution as a living document in which consideration must be given to law evolving with society.

He said that the country is at a cross roads because of the implications of the Chief Justice’s panel decision.

The Court of Appeal headed by Chief Justice Ivor Archie said that while bail could be extended to persons charged with murder it would not be automatic.

The Attorney general this morning explained the details of the case.

The Court of Appeal said the courts will now have to hear an application to determine the merits of each individual case before deciding if bail should be granted or denied.

Akili Charles filed a motion after High Court Judge Justice Joan Charles dismissed his constitutional claim.

Charles spent nine years on remand before the murder charge against him was dismissed in May 2019.

Chief Magistrate Maria Busby Earl Cadle upheld a no case submission agreeing with his attorneys that there was insufficient evidence for the matter to proceed to trial.

The Appeal Court declared that Sec 5 (1) of the Bail Act 1994 was not reasonably justifiable in a society that had a proper respect for the rights and freedoms of the individual and that particular section was unconstitutional as its effect removed the jurisdiction of judges to grant bail for murder.

The Attorney general has signalled the Government’s intention to appeal.

 

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