The government has gotten a categorical ‘no’ from Independent Senator Sophia Chote SC as it attempts to pass amendments to the bail bill.
In the proposed amendment the government is asking the Senate to approve legislation which would deny bail to anyone found in possession of artillery or automatic firearms, grenade, bombs or other similar missiles for 120 days.
But as she contributed to the debate Sophia Chote, Senior Counsel, expressed a lack of confidence in the plan, “So this whole thing about we’ll keep you inside for 120 days right so you could get your trial done that’s a laugh, that’s a laugh, that’s an insult to my intelligence in the third decade of practising law in the Republic of Trinidad and Tobago. Who gets a trial done in 120 days?”
She said the only purpose for incarcerating a suspect for 120 days is punishment.
The Senior Counsel also identified to the government that the constitution already addresses such issues.
“We are not a Court of Appeal, we are legislators. The Bail Act provides that if the prosecution is dissatisfied with the decision of a magistrate, or if an accused person is dissatisfied with the decision of a magistrate there is a legal forum for either the prosecution or the accused person to go before the High Court and ask for bail to be revoked or that conditions be placed on the bail.”
She said “quite frankly” it is not her job to do as a senator.
She made it clear that there is no reason to “circumvent” the law when there are perfectly valid options open to the parties in such cases.
“Court matters are court matters, we as legislators must respect the separation of powers.”
The independent Senator then alluded to the fact that the government was reacting to recent public criticism being levelled against a magistrate.
In September of this year, Police Commissioner Gary Griffith chastised Magistrate Aden Stroude for granting bail to an accused charged recently with possession of nine AR15 assault rifles.
He also condemned Stroude for reprimanding police officers.
“We must not be here for knee jerk reactions because a public official is annoyed because his officers were treated badly.”
She questioned whether issues being brought to the Senate were being conflated because of the election season.
“Our believed country is not at war, if we were at war we wouldn’t be having two democratic elections coming up.”
Chote said she had a fundamental problem with being constantly asked by the government to make exceptions to what the constitution provides for.
She also made reference to a media report where Police Commissioner Gary Griffith reportedly said he didn’t know how long the inquiry would take into the Naomi Nelson shooting because ballistics could take up to 6 years.
“So is it that there is one practical experience when police officers are being considered as possible suspects in the shooting of a young girl and one for other persons? I didn’t know that our constitution applies differently to different categories of people.”
She said she opposed the proposed amendments.
“I could be standing alone at the end of the day so be it.”
She described them as unconstitutional, not warranted in law and not warranted in fact.