KINGSTON, Jamaica — A defence attorney has called for law enforcement to make fuller use of the Bail Act, arguing that suspects are being detained despite provisions that allow for bail to be granted.

The call came from defence attorney Vincent Wellesley during proceedings in the Kingston and St Andrew Parish Court on Tuesday, where he raised concerns about a client who has been in custody since January 29 after being detained at the Sangster International Airport. The man was transferred to Kingston the following day.

Wellesley told the court that he was informed his client would remain in custody until February 8, despite not having been charged. He argued that this was inconsistent with the Bail Act, which came into force in 2023 and allows for bail at three stages— pre-charge, post-charge and post-conviction in specified cases.

“It is my view that if the investigation is incomplete, he can be offered pre-trial bail,” he said, describing his client’s continued detention as untenable.

In response, a representative from the Major Organised Crime and Anti-Corruption Agency (MOCA) appeared before the court and outlined the basis for the detention. She cited Section 39(1) of the Justices of the Peace Act, last amended in 2018, which allows Justices of the Peace to remand individuals suspected of certain offences for several days when necessary.

The MOCA representative said she had requested a seven-day remand as the man is a person of interest in an ongoing, multi-jurisdictional multimillion-dollar fraud investigation and is expected to participate in an identification parade. She also described him as a flight risk, pointing to multiple addresses and the fact that he was detained at the airport.

She assured the court that a question-and-answer session would be conducted shortly and that the man would be properly brought before the court once the detention period expired.

Wellesley maintained, however, that the detention contravened both the Bail Act and constitutional protections.

Presiding judge Alwayne Smith supported the attorney’s concerns.

Judge Smith noted that the Bail Act was intentionally crafted from constitutional principles, highlighting provisions that require the issue of bail to be raised within 48 hours of detention and mandate that identification parades be held within 150 hours of arrest.

Both sides later agreed on a date for the question-and-answer session, after which charges may be laid.

— Dana Malcolm

Defence Attorney Vincent Wellesley