Court of Appeal reserves judgment in Bail Act case

After a week of listening to submissions in favour of and against a High Court judge’s ruling that deemed part of the Bail Act unconstitutional, the Court of Appeal has reserved its decision and will make its ruling on the matter later.

Chief Justice Sir Patterson Cheltenham along with Justices of Appeal Margaret Reifer and William Chandler made the announcement shortly after Senior Counsel Leslie Haynes, who, along with the legal team of Sir Elliot Mottley, Deputy Solicitor General Marsha Lougheed and attorneys Noah Haynes and Kashawn Wood, represent the Attorney General’s Office, made final submissions.

The State has appealed the 2021 decision by Madam Justice Shona Griffith in the case of Lamar Antonio Jones vs the Attorney General challenging the constitutionality of Section 5(a) of the Bail (Amendment) Act 2019 which forced the courts to remand persons charged with murder or serious firearm offences for 24 months before they could qualify for bail.

After being released on bail following 17 months of remand at Dodds in connection with matters under the Firearms Act, Jones, of Rock Avenue, Wildey, St Michael, had approached the High Court claiming that the amendment to the Bail Act was unconstitutional and infringed on six of his rights as an accused person.

According to that section of the legislation, a person charged with murder, treason, high treason or an offence under the Firearms Act, Cap. 179, which is punishable with imprisonment for ten years or more, shall not be granted bail unless a period of 24 months has expired after that person was charged.

In her ruling, Justice Griffith said the restriction on the right of persons charged with a firearm offence to apply for bail was unconstitutional.

“…. It is not proportionate to a legitimate end to the maintenance of law and order, and the court is unable to find any rational connection between the restrictions and the measure that is imposed…. The court finds that the restrictions are, in fact, disproportionate, and so those restrictions are unconstitutional and void,” she had said.

Senior Counsel Larry Smith led Jones’ team of attorneys, including Jamar Bourne and Brent Chandler, throughout the submissions to the appellate court.