BRIDGETOWN, Barbados, Jul 31, CMC – The Barbados government has tabled tougher bail legislation in Parliament saying the new measure is necessary to deal with the “cancer of our society” and also calling for a ban on assault weapons.
Attorney General, Dale Marshall, who tabled the legislation on Tuesday said that “this matter is urgent because the government recognises we can’t wait until the Court of Appeal delivers its decision nor can we wait when we have a good idea that this approach is one that will assist us in maintaining law and order in Barbados”.
The measure comes three years three years after a previous amendment was struck down by the courts and makes it harder for those accused of serious crimes to obtain bail. .
Barbados has so far recorded 26 murders this year and the Mia Mottley administration said that the legislation is a response to widespread fear among citizens.
Under the proposed law, individuals charged with murder or firearm offences must provide evidence of “exceptional circumstances” to be granted bail.
The Bill, modelled on South African law, shifts the burden onto the accused to convince the court that bail should be granted. This contrasts with a 2019 amendment that automatically remanded murder and gun crime suspects for up to 24 months, which was deemed unconstitutional by the High Court in 2021.
Marshall has acknowledged the possibility of another legal challenge but told legislators “this attorney general is not afraid of a constitutional challenge,” he said, citing previous victories in COVID-19 and election-related cases.
“You must produce evidence. You can’t just come to court and say that my client has a job, my client is the father of four children, hardworking . . .Coming to court and making those bald statements will become a thing of the past,” he added.
Opposition legislators had previously complained about insufficient time to study the Bill, but the Attorney General countered by saying “in a society where there is unrest, time runs against all of us.
“I make no apology for coming into this chamber and asking that we do this Bill in all its stages. We are at a critical juncture,” he said, adding that the new provisions balance individual rights with societal needs.
“What we are doing is acting in the best interest of a society because it is standard constitution theory that rights given to you in the Constitution have to give way to the interest or the greater good of the society. That is the balancing act that had to happen,” Marshall said.
In her contribution, Prime Minister Mia Mottley, who left the Caribbean Community (CAARICOM) summit in Grenada early on Tuesday, called for an urgent ban on assault-style firearms, citing a rash of gun-related violence across the nation.
Mottley highlighted the alarming statistic of 26 murders recorded so far this year, many involving military-style weapons.
“There is no place in any civilised society, and certainly this country of ours, for assault weapons to be used, to be in possession, [and] to even be in a museum,” Mottley said, contrasting the current situation with past decades, when violent acts typically involved knives or other readily available items, noting that the shift to firearms has made conflicts deadlier and more indiscriminate.
She made reference to the United States as a cautionary example of a society with easy access to assault weapons, leading to high rates of gun violence.
She said Barbadians overwhelmingly reject such a path.
“We all know, if we were really to poll, the majority of people in this country do not want anything to do with gun crime, do not want anything to do with reckless behaviour and reprisals.”
Mottley spoke of the global nature of the problem, citing the ease with which both legal and illegal items cross borders, noting a “significant rise in the last 15 to 20 years in this country of access to automatic weapons and to assault weapons,” indicating that “these matters can no longer be tolerated by a society that wants the right to stability”,
Mottley expressed concern about the growing number of young people committing violent crimes and becoming “desensitised” to the notion of death.
She called for drastic steps at all levels of society to combat the issue, dismissing opposition concerns that the Bill is limited scope and short six-day reading period.
“This is not the norm, but there will be times in the life of a Parliament, that countries will require urgent debate, urgent legislation, and urgent action. This is not child’s pla.
“We are going into a weekend where there is going to be a lot of activity, and we want the country to know that we are taking all reasonable actions to protect the interest of public order, public safety, individual safety, and overall the criminal justice system,” she said in reference to the annual Crop Over festival..
“We want the police to know we have your back. We share the concern that other heads of governments in the region share. You cannot be spending all this time and risking life and limb to capture people and have them walk through the court door like it is a revolving door. These things are wrong and will not reap success.”
CMC/af/ir/2024