Shields

THE POLICE High Command yesterday presented seven cases, detailing alleged crimes committed by accused persons on bail, as they sought to convince legislators to pass six controversial crime bills.

Senior personnel of the Jamaica Constabulary Force (JCF), for the second time, appeared before a joint select committee at Gordon House, making a case for 60-day detention of persons charged with serious offences.

Police records show that, to date, 71 persons charged with serious criminal offences have allegedly committed other crimes while on bail.

Deputy Commissioner of Police Mark Shields told the committee that, of the 71 accused, 26 were charged with murder. Giving a further breakdown, the crime chief said that of 21 alleged offenders, seven were believed to have carried out a second killing.

Senior cop quizzed

Committee member and attorney-at-law Ronald Thwaites quizzed the senior cop about the statistics, demanding evidence of the circumstances in which bail was offered in the seven cases.

Commenting on the data, Thwaites argued that implicit in the deputy commissioner's remarks was the allegation that a judge or magistrate who awarded bail "did so on irresponsible grounds".

Chairperson Dorothy Light-bourne disagreed with Thwaites, arguing that there were instances where all the information was not presented to a judge.

"You could never seek to restrict a fundamental thing like bail unless you have the evidence that there is an abuse in the grant of it," she said.

Continuing his presentation, Shields said he hoped the legislators would reach a compromise that protected the rights of the victims as well as those of the accused.

After three meetings of the committee, lawyers, human rights groups and committee members have failed to reach a consensus on the bills, particularly the two that contain interim provisions which will affect the fundamental rights and freedoms of Jamaicans.

Leader of Opposition Business in the Senate, AJ Nicholson, said it was crucial that the committee try to arrive at a consensus.

He suggested that the committee should consider another approach, noting that there was much disquiet in relation to the two controversial bills.

Illustrative cases presented by the Police High Command

Case #1

Charged with carnal abuse 2003

Granted bail

Victim of carnal abuse was murdered 2004. Victim was 6-7 months pregnant

Charged with murder

Subsequently granted bail

Then arrested for double murder 2006

Case #2

Prominent gang leader charged for murder in 2003

While on bail allegedly committed triple murder January 2005

Absconded to the USA

Subsequently held by US authorities and deported

Charged for triple murder, given bail

Breached bail conditions and re-arrested

Then given bail again

Witness murdered

Now in custody

Case #3

Charged for shooting with intent March 2007

While on bail allegedly committed murder February 2008

Absconded bail, held in Cuban waters

Currently in custody

Case #4

Charged for illegal possession of firearm in 2006

While on bail and awaiting trial, committed abduction, rape and shooting

with intent (2008)

Case #5

Charged with illegal possession of firearm

While on bail, shooting with intent (13/8/2008)

Illegal possession 15/9/2008

Case #6

Charged for double murder in 2003

While on bail, charged for conspiracy to commit murder (2005)

Matter now before the Circuit Court, and offender currently on bail

Case #7

Charged for murder;

Absconded bail

Subsequently allegedly committed a double murder

Suspect in four other murders as well as one arson