Dear Editor
In Guyana the word ‘bail’ is a good word to start a conversation with among adults or even better to start an argument. Damned if you grant bail, damned if you refused. Bail is hotly discussed in the print and electronic media and elsewhere. Editor, please permit me to join in the conversation.
I must confess that I have very little legal training but some experience as it relates to bail. However, at this time confession might not be the right word to use based on what happened recently to a pastor. During a prayer, he confessed to a few sins of the organisation he represented and pleaded with God for forgiveness. The rest is history. He had an exparte trial. His appointment with that organisation was terminated by a person who did not have the rank nor competence to do so. Praise God, those in authority quickly vitiated the dismissal.
Back to the substantive topic – bail. Editor let me share my layman’s view on bail. My experience with granting or refusing bail started over four decades ago during my recruit training at the Police Training School, now the Felix Austin Police College. I vividly recalled my class instructor posited the following points to be considered before granting or refusing bail: the nature and gravity of the charge; will the prisoner attend trial or report to the police as directed? will the granting of bail defeat the end of justice? weight of evidence; status of accused and possibility of obsconding.
Space does not permit me to elaborate on each point. They were relevant then, they are even more apposite now.
As an investigator, subordinate officer, prosecutor, station sergeant, sub divisional officer, mentor and commander I used them effectively as my guiding principles when dealing with bail. It is my humble opinion that those who are empowered to grant or refused bail should in addition to the points alluded to above be also guided by the Constitution of Guyana, what is taking place in the criminal environment and their conscious.
Wow! I feel that this is a good point for me to bail out.
Yours faithfully
Clinton Conway
Assistant Commissioner of Police
(Retired)
