This was the position of former attorney general Anand Ramlogan, SC, who successfully argued former murder accused Akilii Charles’ appeal in which he challenged the constitutionality of section 5(1) of the Bail Act which automatically denied people charged with murder to apply for bail. Read story here

In a statement after the Court of Appeal’s decision which deemed that section unconstitutional, Ramlogan maintained, “No one who is considered a risk to society should ever get bail.” But, equally, people who pose no threat should be allowed to exercise their constitutional right to apply for bail.

“To condemn a man to prison for over ten years whilst he awaits his day in court to prove his innocence, without the possibility of bail, is oppressive, cruel and wrong. It is an injustice.

“We cannot operate the justice system on the basis that everyone charged by the police must be presumed guilty. That sounds great until the person whose life hangs in the balance is yours.”

Ramlogan said the court’s decision was a victory for the rule of law and the independence of the Judiciary.

The issue of bail for murder has been a contentious one which even found itself on the political platform.

Last October, the Prime Minister was vehemently opposed to bail for murder, saying he would do all he could to stop any change to the law to facilitate this.

At a political meeting in Belmont, Attorney General Faris Al-Rawi claimed it was a petition by the Opposition to make murder a bailable offence. Dr Rowley said during that meeting, according to a report in Newsday, “...of all things we can ask for in this society is to have murderers get bail.

“I can tell you, as long as I have anything to do with it, that ain’t going to happen in this country if I could stop it.”

Rowley was chastised at that time by the Law Association for making comments on a matter that was still engaging the courts.

Speaking on the Law Association's behalf on the ruling on Thursday by the Appeal Court, Douglas Mendes, SC, said all that the Court of Appeal decided was that the automatic denial of bail for anyone charged with murder was unconstitutional.

“It means everyone charged with murder is entitled to apply for bail (but) it does not mean that everyone who applies for bail will get bail. The court will decide, applying the usual principles, on whether bail should be granted.”

He said the court hearing a bail application will take into account, among other things, the strength of the prosecution’s case, the seriousness of the offence and the prescribed punishment which is death, the risk of the accused absconding if released on bail, and the risk that the accused might commit a crime while out on bail or interfere