A new piece of legislation seeking to provide stricter conditions under which bail can be considered here in Dominica will be put before parliament at the next sitting on December 16, 2020.
Speaking during a press briefing this week, Minister of Justice, Immigration and National Security, Rayburn Blackmoore, disclosed that this proposed bill seeks to curtail the behavior of people being on bail and committing other serious crimes.
He noted that some of the crimes which will be targeted are murder, treason, terrorism, serious drug offenses, serious offenses involving the use of illegal firearms, sexual offenses against a minor, especially kidnapping, among others.
Blackmoore pointed out, “It does not mean that bail will be denied but it also establishes conditions under which, unless it is absolutely necessary, that bail should not be granted in certain serious crimes.”
According to the Justice Minister, the Commonwealth of Dominica has been steadily working on a bail bill for an extended period as at present, the court uses established guidelines and common law principles to assist in the deliberation for granting bail for the majority of applications that are heard.
He said the Government recognizes and respects the rights of persons accused of crimes to seek and to receive bail, therefore this intended legislation is in no way intended to restrict this fundamental right.
“However, we must ensure some measure of consistency in the granting of bail as far as possible,” the minister contends.
He suggests that the exercise of a judge or a magistrate’s court discretion in granting an accused person bail, calls for a balancing of the scales between the rights of the accused and the rights and freedoms of others and the public interest on the other hand.
“There is no issue of the [right] of the individual to remain at liberty until he is convicted of a crime, sufficiently serious to justify depriving him of his liberty,” Blackmoore explained. “But the community has a countervailing interest in seeking to ensure that the cost of justice is in no way undermined by the flight of the suspect or perverted by his interference with witnesses or evidence and that he or she does not take advantage while on bail, to further commit offenses.”
He further explained that the bill will also outline the conditions and procedure for bail and give the court the necessary tools to curtail the movement of offenders especially if they are considered a flight risk. It also proposes that absconding from bail or breaching bail conditions will be treated very seriously, which according to the Minister, carries very heavy sanction under the proposed bill.
Mr. Minister all this talk of curtailing the freedom of criminals are only for the poor man. The no name man. The so call big man who are the champions of crimes in Dominica do not get charged further more to be arrested AND TO BE BAILED. The national pride of Dominica is being sold for big money and that money is pocketed, 1.1 billion dollars of Dominica money is unaccounted for(school children say it was pocketed), juveniles are being assaulted, drugs and guns are imported and sold openly and faster than Sukies hot bread, and many more are done by the big man compared to the no name man who goes to stock farm for what? So in enacting these laws ere for the poor man. Only the poor man feels it in Blackmore and Skerrit Dominica.
He noted that some of the crimes which will be targeted are murder, treason, terrorism, serious drug offenses, serious offenses involving the use of illegal firearms, sexual offenses against a minor, especially kidnapping, among others.
I think that the UWP must be very carefull with this one.. these guys are setting up a framework which they can use to put person behind bars without bail for simple things like protest and riots which they will classify as treason or terrorism… Be guided leader of the opposition. Read thru that bill and the definition of terrorism and treason in the act . These wanabe dictators are on the move again … Dominicans open yal eyes
I’m not at all against stricter bail conditions for some offences. The Minister has mentioned many of them.
However, because we live in a hyper-partisan political environment; a place where the police are unprofessional and untrustworthy; the court is not seen as impartial; we have to proceed with plenty of caution.
What I’m trying to convey is simple this. The intentions of the legislators may be noble. However, our interaction with law enforcers, our knowledge of and experiences with the present set of legislators, have given rise to a great deal of skepticism.
When a government is morally tainted, the populace will always be suspicious even when the legislators mean well.
How did treason work its way into that bill? Is it the intention of the government to go after opposition members and let them rot in jail awaiting trial? We all know how long some cases take to wind their way through the court system. I mostly agree with the other charges, but to include treason given the past record of harassment of the opposition makes me very suspicious.
What’s wrong with the Law is when you have people who are above the Law make the Laws. “Serious Crimes”?…Hmmm.
What Parliament that? If there isn’t objectivity in a very Politically skewed parliament then we’re merely just going through the motions.
In any country that practices Westminster model of Party Politics, it behooves the ppl to have significant representation of the Opposition in the House, otherwise everything gets steamrolled in favor of the Ruling Party (whether it’s objective or not). We do ourselves a disservice where laws are concerned when there is near zero opposition in Parliament…smh!!
Where this Particular Law is concerned, it seems Judgement will be cast even before the case have been tried, and unwittingly innocent ppl can sometimes receive punishment undeservedly.
Sir, you addressing one problem and creating another huge one which seems to be the trend or your administration. Whilst we applaud tuffer measures to be granted bail for serious crimes, the problem of housing these offenders remains a huge problem in the country..the current state of the prison is deplorable at best…its is already way over capacity..that means even more problems will be created in an already strained and understaffed system.. there is little to no reform programs and since it will be harder to get bail then rioting, more violence and another host of issues will arise from not having an updated secure compound to house these persons….Think!!!!! U cannot want to implement things without fixing a problem that already exist….
@Factz: “The current state of the prison is deplorable at best” In the first place those who are at the prison cell do not care about being in a reasonable environment, they themselves are the ones helping to make their cells a deplorable state.
But what do you expect a prison cell to be like, a place with living chairs, a grand bed, and a color television, with a maid service on a silver platter? So what would be the good of the incarceration then?
Those who commit those vicious crimes should learn a lesson for there behavior and to go out and warn their peers, not to try to go there, instead of committing another crime to go back there. Many of them do that.
When I was in Dominica there was a young man whom I used to meet all over the place in Roseau. He was always well-dressed, but his dressing did not impress me, I used to ignore his approach for conversation–especially that I had my own boyfriend.
I don’t remember how it happened but one I with my boyfriend and I saw on prison truck and I said to my boyfriend what is this guy doing on a prison truck? I always see him and he is always trying to approach with conversation.
That was I found out that the guy was a prisoner being released and there again continuously. What a life to live, but many seem to enjoy it–deplorable as it may seem to be.
You lying. Nobody wanted you except for that so called boyfriend you say you had. you mistaking a simple greeting (a hello, a good morning, a good afternoon) for the man making break on you. Dont have yourself. You even going as far as to find out what the man scene was? when you finish you playing like you wasnt interested? come out there.
Already people can just throw anything in the prison yard whenever they want. Guns, weed, cocaine, knife, food ANYTHING they want, just go on the road at the back and toss it.
All crimes are serious. Why cant a person who was arrested for a joint of cannabis bail himself out on a weekend? Or just be given a charge that they can pay on the spot? Why must they stay the weekend in cell?
I strongly support that move. The (I)s should have it. Even the opposition should have no objection to that. Too many people on Bail for serious crimes in dominica especially MURDER.
Agreed!!! and other serious crimes! Protection of the victim and the accused is paramount is these circumstances! 👍🏽
Admin did you mean December 16th ?
ADMIN: Thanks for pointing that out. The correction has been made.
Another strong point to address which is horrible to endure is the feeding of hard alcohol to minors. 1, 2, 3, 4, 5yr old’s. Done in an effort to disturb the child’s mental development holding an influence over their future, while verbally abusing them away from their normal development and defense. Sexual abuse comes after, with a disturbing effect on the child’s mind, that sets the abuser free. We sometimes see it as play, but in fact is a lighter version of what occurs behind closed doors.
Very important subject to address given the mental state of Dominican’s under pressure and fed up. What is wise in its application is the enforcement of strict procedure in uncovering these crimes without prejudice to the public at large. When a sexual offence to a minor is committed, it is even more difficult to prove when justice is swayed by outside opinions, and evaluation of subjects are not due unbiased interrogation and proper medical screening, when in doubt. Children are our future and when we despair their youth, it stems into false behavior in the future, hampering other people’s lives. Setting stricter bail conditions will protect the investigation while at hand, however we must also tighten the way that we handle the crime beforehand. WHEN WE FAIL THE CHILDREN, WE FAIL GOD.
Man like Blackmore does be watching them young ones too you know. Notice i said man LIKE blackmore. I didnt say Blackmore.