Dear Editor,
I read with great interest the concerns of the acting Police Commissioner in Guyana about the method of granting of bail by judges and magistrates in the country. Police Commissioner (ag) David Ramnarine had to be hopping mad to publicly criticize judges and magistrates for granting bail to accused persons who have no regard for law and order.
It seems to me that the Top Cop is correct to be concerned and although he might be criticized in certain quarters I think he is quite in order to let the public know how he feels and something should be done by those in authority to correct the situation.
I do not know if there are guidelines for the granting of bail in Guyana. If not the Chancellor and/or Chief Justice should issue a Practice Direction setting out the guidelines. Like murder and treason, no bail should be allowed to persons charged with gun related offences and if the accused persons are likely to flee or tamper with witnesses. Of course bail should not be granted if the offence was committed while the accused/defendant is on bail.
Judicial Officers should follow the guidelines in Archbold and other text books on criminal law.
It does not augur well for the police and magistrates and judges to be at loggerheads. They ought to work in harmony in the dispensing of justice. I gather that lawyers move swiftly to the High Court for bail after being denied by magistrates, and it seems that some judges are too quick to override decisions made by the lower court.
On the other hand the prisons are overpopulated and maybe that is taken into consideration in bail applications. All in all a broad and closer look should be taken in the judicial system at the granting of bail. The Head of the Judiciary, Justice Carl Singh, has been acting as Chancellor for more than a decade and Justice Ian Chang retired before being confirmed as Chief Justice and I recall that Jainarayan Singh, Jnr who acted as a judge for a decade was never confirmed before his retirement.
I note that David Ramnarine is acting and not yet confirmed as Commissioner.
Yours faithfully,
Oscar Ramjeet
