Prime Minister Fruendel Stuart and Attorney General Adriel Brathwaite
Prime Minister Fruendel Stuart and Attorney General Adriel Brathwaite
A recent statement by Prime Minister Fruendel Stuart which suggested he was ‘hit for six’ b the fact individuals charged with heinous crimes have been granted bail by the Courts. This has had the effect of traumatizing our small societies where the culprits are very well known. The following Barbados Advocate addresses the matter in a pointed way – The Barbados Advocate (10/05/2016)

The issue of the grant or denial of bail to certain accused offenders has recently re-entered the public discourse. This was generated to a significant extent by the admission of the Prime Minister at a media luncheon last Friday that he had been “hit for six” on learning that a murder accused had been granted bail, as he wondered aloud at the likely reaction of a relative of the victim encountering the accused in the supermarket or elsewhere in public. Earlier, we had heard calls from a few members of the Criminal Bar for there to be some consistency and even certainty in the principles governing the grant of bail for drugs offences by magistrates.

The Prime Minister was immediately taken to task for his comments that were described by one attorney as being “out of touch with the realities of the delivery of justice in the country”.

We are not sure what this criticism means. Was the Prime Minister making a legal point that the law does not permit the grant of bail to murder accused so that the judicial officer had acted inappropriately or was he simply asserting a sentiment felt by many citizens that there should be no legal possibility of this occurrence?

If the first, he is plainly incorrect since local law, unlike some others, does not expressly prohibit the grant of bail to one accused of murder, even though one relevant consideration in that determination is “the nature and seriousness of the offence or default…”

The second, however, is more excusable, since it merely amounts to an assertion that were he the officer, he would not have granted bail to such an accused, a sentiment that should resonate with more than a few Barbadians. In other words, that he would have exercised his discretion differently. Similar sentiments were expressed in New South Wales, Australia, two years ago when an accused wife killer was legally granted bail. One anti-violence campaigner described it as a “slap in the face” to murder victims and their families.

It may be precisely this general sentiment that lies at the heart of the criticism of the inconsistent bail rulings levelled by some members of the Criminal Bar. The cry for certainty in a circumstance where decisions are made on the basis of personal judgment appears misplaced and would amount to a constraint on the judicial officer, thereby removing the discretionary nature of his or her decision and converting bail decisions into a matter of precedent.

On the occasion on which he spoke, the Prime Minister promised to consult with the Attorney General on the matter, but he must have forgotten that the Honourable Attorney General had in April publicly dismissed any suggestion that the Bail Act should be amended so that those charged with murder should have no entitlement to bail in the High Court, “Rather”, he had declared, “what needs to be done is that the court process must be sped up…”

Indeed, the notorious relative sloth of the local court process is no mean contributor to the grant of bail in these cases where, according to the Bail Act, another relevant consideration is “the length of time the defendant would spend in custody if the court were to remand the defendant…” [BU’s emphasis]

The decision as to whether or not bail should be granted on a criminal charge locally involves a collision between the presumption of innocence, the need to ensure the presence of the accused at the trial and the constitutional right of the accused to be afforded a hearing before an impartial tribunal within a reasonable time.

It is within these bounds and those considerations expressed in the Act only that the decision must be made.

56 responses to “To Bail or NOT to Bail?”


  1. @Alvin

    Are you a JA?

    You posit the view then some children based on their personal experience may not negatively impact? Do you seriously think your wholesale view is a sensible one?


  2. This man Cummings mekking a hifaluting statement that seen from the top of the Central Bank building is absolutely correct. It is coneyism to dismiss the man point like dat. This Alivinator does talk a lot of shiite when he ready but he is right on this.

    All de people dem who would have lived in years gone where dat building now casting a shadow and who march during the riot and ting were desperate to get education and wanted their children to get it too. As the years progressed from that time and after we get free education lots of peeps now smarter but we dumbing down we righteouness wid a lot of intellectual BS.

    If the effing gov’t would stop all de long talk and enforce more harsh-ass rules wid school drop-outs, fighting in school and such like, there would be much less boys pon any effing block.

    How can we progress when a bunch of coney-minded people who just start to smell de-selves, as my grand uses to say, having children. This foolishness didn’t start yesterday.

    As the man said lots of people dem come through that education system. Some of dem wid no more than a 9th standard or whatever they uses to call it.

    Now the whole thing being effed up because of selfishness and stupidity. There is nothing at the core wrong with de system.

    The bunch of low-minded idiots that inhabit its lower rungs are smart enough to progress in life’s criminal culture. So they effing smart enough to progress outside dat too. They being lazy and have no real guidance in dem at home life.

    We does coddle these idiots too much and bout here on this site we does give credence to too much asshoolery pretty talk.

    If the frigging parents are idiots who hardly know yeast infection from adding yeast to bake bread den how the eff we expect to get the damn children to go school so they could at least be smart for the in-between-period on de block while they looking for a job or being self-employed.


  3. Alvin Cummins and Brathwaite.

    There is education and there is pertinent education

    Let me explain.

    40 years ago Being taught about a spark plug for a Mini Cooper GT and sandpaper the carbonized head is not adequate instruction for a Fuel Injection, computer operated engine.

    Frankly gents those were donkey cart days and we, while proud offspring of that period, need to recognise that we are stuck in Timetunnel proud to intone 2 times 2 are for but totally at a loss to (a) teach hexadecimal conversions AND, more pertinently (b) convey to the youth that we are instructing how that translates into techniques and systems for encryption.

    Literacy is not education and does not auto-migrate into the 21st century if it were so then the same laps and bounds that the US has made technologically speaking would abound through all the world.

    Wunna is proud of the fact that we knew up to our 16 times tables but I respectfully suggest that some of these dolts, teachers and students do not know their 6 times tables and have to use a calculator.

    We spent US $236M on Edutech and failed to diversify our Education.

    Name me one school which has one class that can develop a mobile application in Barbados.

    I am not limiting my statements to technology and its edification alone, we have been unable to connect most if not all of our educational disciplines to the value chain that fuels the economic backbone that the world operates.

    Look at our Tourism product for example, we are still running a “sand and people” marketing product that has not changed for 100 years. No ecotourism and a broken down facsimile that we masquerade under a UNESCO designation for a ramshackle city. No Healt, no eco, no sports, no cultural tourism we just stuck in time.

    You alvin are stuck in your books and refuse to join the 21st century which I can understand because that gives you a sort of immortality, that firm graspp on the past.

    But Brathwaite is a younger man, (I can deduce this by his juxtaposition of that specific word, next to the Name of My Lord, a thing which HE WILL NOT DO NEXT TO THE NAME OF ALLAH, at least he cannot do that and live).

    So what confuses me is that since he is of this generation how can he in all honesty speak about a government enforcing harsher rules as being the solution when what is being taught IS NOT PERTINENT to the times?

    It is much like me insisting that Latin be taught because i would wish to sensitize our population about the dative and ablative and the ensuing incorrectness of saying “contrary with”.

    He only has to look at the Minister of Education Ronald Jones and see the evidence in that man’s assassination of the English language and the “thrillren are is reading well”

    Let us pray for the Rapture gents with fervour for al else, particularly as such relates to our failing education system, is a waste of time.

  4. Well Well & Consequences Avatar
    Well Well & Consequences

    Piece…the education system has not been upgraded since the introduction in the 40s and 50s…so it will consistently keep spitting out Alvins and Braths….and ….and……, until there is positive change to keep up with changing time…..and define higher levels of intelligence

    Since Alvin’ss days of advanced education in the US…the changes are now so significant from the 60s, 70s and 80s….he would not recognize it or wish to become a part of tgat change…..read medical marijuana…..of course he will always prefer a Barbados stuck in the 50s while every country, including Canada….moves on.

    That socialization of stagnating Caribbean people infinitely didn’t help either.


  5. Mr Piecemester, some time back I believe I ask you not to get tie up. I do not accept that the Bajan edu system is a decrepit structure. That just does not match our history. You got a bunch of keys up there but not de one that open de door dat I entered.

    You shooting when yah say that de system has not been supporting de development of coders and such tech pursuits. Who to blame for that if not de principals dem. Hold on.

    When you talk bout Latin tell me bro how many schools did offering de derivations of amare and studying Cicero and dem ablatives stuff? Not many. So why are the best schools not doing what they should be doing and going where no one has gone before – well in Bim anyhow.

    I said to you that de core structure is solid but its selfishness and stupidity. Dem educators then made modifications to suit a changing environment but de fact is that we now in de days of a fellow dey does call Moores Laws and dis en got not one coney to do wid Moore de Latin man.

    The stupidity and selfishness comes around to dat. Things multiplying real efffing fast and we educators fudging around. I is on de same page wid you on that.

    Our top schools should definitely be incubating young tech gurus but bro that can simply mean that they offer more applied science/electronics courses and tighten down on some of the base work that are helpful precursors to dat type of thing. Our perhaps it means an incubator like de old O’Level institute to harness we own silicon cave of young gurus.

    Yes bro stupidity and selfishness has caused previously far thinking principals from making practical movements even when the ministry playing de backside. Dat is my take on de system.

    So don’t get tie up to pontificate about old educ models being suited to modern ways ( and certainly don’t leh we talk bout that theifing Edutech thing, steuupse; where all that old technology today but in dust bunnies someplace) .

    Oh and don’t forget, getting idiot behaving children and their parents to clean up their act is as important today as it was yesterday and will be still important tomorrow. And proper structure and ability to move quickly will always be vital.

    As you does say bro. You feeling me.

  6. Colonel Buggy Avatar

    Dear Mr Prime Minister, Mr Attorney-General and Mr Hot shot Chief Justice, two more young men were shot too bits yesterday ,in case no one mentioned it to you.
    How long before ,seemingly teflon coated prominent people in this society are placed at the business end of these ubique guns.

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