SHOULD MURDERERS BE GRANTED BAIL?

Feb 28, 2016 Editorial, Features / Columnists

Guest Editorial

In Guyana as in most, if not all countries, murder is considered a very serious and highly sensitive offence. Quite often, society always appeared shocked and outraged by the act and the circumstances surrounding murders, especially when it involved children.
The remand of the former Guyana Police Force Sergeant, Colin Bailey, for the alleged murder of his common-law wife, Sirmattie Ramnaress, has raised questions about the length of time it takes the police to solve crimes. It also highlights what constitutes a bailable offence.
In some cases, not in Guyana, some murderers are granted bail based on their status in society, while those without status are denied their pre-trial liberty. This is likely to become a high profile case since it involved a ranking member of the Police Force.
In Guyana people on trial for murder have been granted bail after a very lengthy delay in getting to trial. Some languished in jail for as long as eight years before the preliminary inquiry. These people were sometimes granted bail.
The notion of whether someone accused of murder is entitled to bail or should remain on remand until the court hearing is always a touchy issue that requires the balancing of the rights of the accused and those of the family and the public.
However, the granting of bail to those accused of murder could result in implications for the family and friends of the victim, the community, the accused, the police and the legal system.
If persons accused of murder are granted bail, they will enjoy freedom until their next court hearing. Should this happen, family members of the victim can become vindictive and hateful, and may seek revenge as a form of justice by taking matters into their own hands.
This position can most likely undermine public peace and national security and, at large, disturb the public order of society. Some family members may also be fearful that the accused may threaten or harm them. Society may also be fearful of the accused murderer. Individual safety, public safety, and the threat of violence should be taken into consideration before bail is granted to murderers.
It is also interesting to note that the safety of the accused murderers might be jeopardized upon their release. This can lead to unwanted criminal acts and disorder in society. Considering that some accused of murders are granted bail, they may attempt to influence, threaten, bully or intimidate witnesses from testifying against them.
Many believe that those who are accused of murders should not be released on bail for the fact that it can send the wrong message to career criminals, many of whom believe that there is no value in life and that it is acceptable to take another person’s life, in some cases for no apparent reason.
Generally speaking, the granting of bail to murderers could lead to a lack of public confidence in the criminal justice system. People’s confidence in the criminal justice system is already low.
However, the rights of all, whether innocent or guilty must be protected at all times by the justice system. Hence, no one should be sentenced, based on public condemnation as is sometimes the case with the media. An accused person must receive a fair trial by the courts and due process of the law.

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