(Trinidad Express) Inequality in the bail system is allowing gang leaders to stand bail for poor people who then have to commit crimes to pay back their bail money, Attorney General Anand Ramlogan has said.
The bail system was archaic, he said, with either money or unencumbered title deeds to property required and “most young fellows committing crime on the lower end of the socio-economic ladder…can’t meet those bail conditions”.
He said on most occasions they are either incarcerated or they get a friend to pay a bailor with an unencumbered deed. He noted on both accounts it led to “disastrous consequences”, and they either went to jail and were taught a life of crime or had to find money to pay the bailor.
“The gang leader comes, he pays the bailor, he takes you out and he inspires loyalty to himself and to the gang. So when you go, you go back into the bosom…of the loving gang leader who cared enough to protect you from going to prison,” he said.
He continued: “And then…the gang leader says to him ‘you know chief, I happy you out and ting, they would’ve do you all kind of wickedness, but it eh have nothing like a free lunch. Is time to go to wuk’.”
Ramlogan said the offenders had to now commit further crime to pay back that money and also to hire a good lawyer, which spurs on even more crime.
He noted that first offenders met hardened criminals in jail, and that is why people say it is a “revolving door justice system”, and to stop recidivism (freed offenders returning to jail) electronic monitoring in the first instance will help keep people out of prison.
He made the comments during his Senate contribution to the Administration of Justice (Electronic Monitoring) Bill on Friday at Tower D, International Waterfront Centre, Port of Spain.
Ramlogan said for “far too long” there has been inequality in bail, and for those on the lower end of the socio-economic ladder it means nothing to them and is “superfluous”.
He said the Electronic Monitoring Bill was a “revolutionary piece of legislation” to give them some hope and throw a lifeline to them. He said it will not be the gang leader taking their bail but if they are monitored and keep to the stipulations they could remain on the outside and this gives them an opportunity for early rehabilitation.
He noted that their movement would be restricted, so there is an element of punishment and they were not getting off “scot free”, and they are forced to spend time with their families aiding in rehabilitation.
He said an electronic monitoring study in Canada found that most monitored offenders did not believe it interfered with family life and a study in the US showed that it improved family life and helped rehabilitate them.
He said the public is also better protected, as when someone is out on bail in the current system they are not monitored by the police as they are presumed innocent, and if they skip bail the police know where to find them.
Ramlogan noted that some of the Senators had spoken about the rights of the defendants and that wearing the electronic bracelet would lead to stigmatisation, but he was “not concerned about that”. He said once arrested their names and faces would be in the media and pointed out that no one thought of the victims of the crimes being “ridiculed and stigmatised”.
He noted the suggestion of the electronic monitoring being done as a pilot project and reported that it would be done on a phased basis in particular areas. Opposition Senator Fitzgerald Hinds said this was a “total fabrication” as Justice Minister Herbert Volney said nothing about that when he piloted the bill. Ramlogan earlier gave some picong to Hinds, saying he did not know if Hinds’ wife wanted to use electronic monitoring to keep tabs on him.
