Malahoo Forte doubles down on planned changes to Bail Act
MONTEGO BAY, St James — Minister of Legal and Constitutional Affairs Marlene Malahoo Forte has made it clear that the backlash she has received for comments made about proposed amendments to the Bail Act will not deter her.
“Everybody’s prejudging it because I made a comment. I’ve always been strident about criminality. I’ve always been, especially in this role as Member of Parliament [for St James West Central]. When I have to go and deal with the victims of the crimes, especially the violent crimes and the murder. The level of murder in this country is not normal, and nobody’s going to call me or criticise me to the point where I have resiled from it because it is not normal!” she replied when quizzed on the issue.
On Tuesday, June 7, as part of her contribution to the sectoral debate, the minister put the country on notice that the Government intends to introduce a new Bail Act which would include provisions that speak to conditions under which bail is granted to individuals on murder and gun charges.
“I will say no more at this stage, except that if yuh on murder charge you cannot be at large and if yuh on gun charge yuh cannot be at large,” she told the Parliament.
The comments have not gone down well in some circles. Critics, including members of the Opposition People’s National Party (PNP) and members of the legal fraternity, have maintained that what Malahoo Forte appears to be implying would breach the constitutional rights of individuals facing the courts.
On June 14, during a discussion on whether to extend the seven zones of special operations (ZOSOs) for another 60 days, Opposition Leader Mark Golding and Malahoo Forte had a testy exchange on the issue.
Golding expressed concern “about attempts to abrogate, restrict or otherwise diminish constitutional rights”. This drew a sharp retort from the minister, who said he was being “presumptuous as to think the Government would act outside of the constitutional framework”.
During an interview with the Observer on Wednesday, Malahoo Forte urged the public to be patient until further details of the proposed changes to the Bail Act are provided.
“I would say to those who are concerned that we are being guided and hold your comments until you see the law. I’ve always indicated the importance of looking at what is actually provided and not just talking around the law, because when a law goes to court for interpretation, the judges interpret the actual words that are provided. And I think people are going to be pleasantly surprised because, I in legislating, I have to strike the appropriate balance,” she explained.
She also urged her fellow parliamentarians to use the opportunity, when afforded, to scrutinise the Act.
“Parliament is mandated to pass laws for peace, order and good government. I will repeat it as many times until people understand it. Parliament will have to do the work; every member of Parliament has a duty to scrutinise every law that is placed before it. Wait and see. Wait and see,” she urged.
She spoke of the balance that needs to be achieved in the fight against crime.
“Make no mistake, I remain very strident that we have to deal with the criminal element in a particular way and we have to do so in a way that protects other people and every criminal. Even the vilest is entitled to his due process and is entitled to his protection,” she said.
“So just hold off until you see what is coming and then we can have a full discussion. I’m prepared to get behind the legislation and expose the policy of each provision. Just hold off, just hold off. I’m not going to join others to say those who are criticising are those who have a vested interest because I recognise that even the vilest of criminal is entitled to his defence and is entitled to due process. But hold your hand, the law has to be updated and it has be rewritten,” she added.