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Judiciary has challenged executive – Rohee

May 22, 2008 News

The judiciary has thrown out a challenge to the government following the recent granting of bail by the Acting Chief Justice Ian Chang to a man who is accused of murder, according to Home Affairs Minister, Clement Rohee.

Speaking at a press conference, yesterday, the Minister suggested that there appears to be a disjointed criminal justice system.

“We now have bail applications being granted to murder accused. The judiciary has now become totally unpredictable and case law is now thrown out of the window,” the Home Affairs Minister said, echoing sentiments expressed by President Bharat Jagdeo at the opening of the last Police Officers’ Conference a month ago.

Rohee said that, on the one hand, while the executive authority is insisting on draconian penalties to support other measures in the context of a holistic approach to enhance public safety and security, the judiciary seems unconvinced and is increasingly becoming more favourably disposed to upholding the fundamental rights of accused persons.

“But what about the fundamental rights of those who suffered and are traumatised for life?” Rohee asked.

After eight years of legal hurdles, a Mahaica man facing two counts of murder for the death of a father and son was released on bail in a historic ruling by Acting Chief Justice Ian Chang.

The successful motion was filed by attorney at law, Sandil Kissoon, on behalf of Hemchand Persaud.
Persaud was charged along with Rohan Singh for the April 2000 murder of James Sancharran and six-year-old Afraz Khan. In making the ruling, Justice Chang found that the delay was an error on the prosecution’s part and Persaud should not have been made to suffer for it.

He noted that Article 139 of the Constitution provides for bail and extends such pre-trial liberties even to persons facing murder charges.

Justice Chang had stressed that Article 153 provided him with the discretion to safeguard the fundamental rights of an accused.

But Minister Rohee has a different view.

“Am I to understand that if the gang members who committed the atrocities of Lusignan and Bartica were to be found arrested, charged and taken before the courts, that the magistrate or judge under Articles 153 and 139 of the constitution would grant bail to such criminals to safeguard their constitutional rights?” the Home Affairs Minister questioned.

“Were this to be the case, then woe beyond to us. Where is the concept of reasonableness in this new judicial dispensation?” Rohee added. He noted that the interests of the public should also be taken into account in the dispensation of justice.

According to Rohee, his understanding as a lay person is that the police take the public interest into consideration when they arrest a person for a serious criminal offence.

The court, he said, is expected to do the same when considering bail applications.

“The executive on its part takes the public interest into account when determining policy and legislation for passage in the Parliament. In other words, all should take public interest into account, particularly when it has to do with loss of property, life and limb as a result of the perpetration of a serious crime,” the Home Affairs Minister said.

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