THE Opposition UNC is challenging Attorney General Faris Al-Rawi to put on his court clothes and lead the State’s challenge to the Court of Appeal’s ruling on Thursday which paved the way for people charged with murder to apply for bail.
Following the ruling of the Court of Appeal, Barataria MP Saddam Hosein defended that court’s declaration that section 5(1) of the Bail Act 1994, was unconstitutional, as he spoke during a virtual press conference on Friday.
The UNC conference came moments after Al-Rawi himself hosted a virtual press conference to discuss the implications of the court’s ruling. Al-Rawi said the State was duty-bound to appeal the court’s ruling at the Privy Council.
Responding to some of the concerns raised by the AG earlier, Hosein said, “If the Attorney General feels so strongly about this matter, then he shouldn’t sit in a press conference. Let him put on his robes and find himself in the courtroom to argue the matter himself. You have an opportunity to do so on March 3, when it comes back up for hearing.”
“Then he has a further opportunity to do so when the matter elevates itself to the Privy Council.” Hosein said the AG needs to stop playing politics with what are really judicial matters.
He accused Al-Rawi of speaking out of context during his media briefing without mentioning important factors that will cause the court to consider an application for bail by a murder accused. He further condemned Al-Rawi for creating unnecessary panic by insinuating the ruling means people charged with murder now have an automatic get-out-of-jail card.
“When exercising the discretion under bail, it means the court will also look at the nature and seriousness of the offence and the right method of dealing with the defendant. It’s not a free for all where every person (charged with murder) will be granted bail. There’s protection within the judiciary in that the court is bound to consider all factors before deciding on the issue of granting bail.”
Opposition Senator Sean Sobers, who also spoke at the press conference, called on the public to ignore misinformation about the ruling. “The sky isn’t falling and don’t let anyone influence you into thinking that the sky is falling,” Sobers said.
He added that contrary to the descriptives by the AG, if the ruling is upheld (by the Privy Council) there will be no floodgate of murder accused being released back into society.
He added, “The AG would have also indicated in his press conference that the State needs some time to put their affairs in order. There are many things that the State has to consider, several gymnastics that the State would have to perform, in terms of raising proper objections to bail, witness protection, etc.
“These things should have been in place before, these things should be in place at this very moment. It is disgusting for him to come to the population now and say the State is trying to get ready for that.”
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