Man loses challenge to bail process

A man from central Trinidad who was charged with malicious wounding will have to pay the State’s costs after he lost his challenge of an alleged failure by a clerk of the peace to perfect his bail arrangements in a reasonable period.

Justice Ricky Rahim on Wednesday dismissed Kenol Singh’s constitutional claim against the State, ruling that he could have applied to the magistrate to vary the bail conditions if he found he was made to wait inordinately long to access bail.

Rahim said filing a constitutional claim was a misuse of the process.

Singh was charged on June 24, 2019, and was taken to court. On June 27, he was granted bail of $300,000 to be approved by the clerk of the peace at the Chaguanas Magistrates’ Court.

His relatives tried to secure bail but could only provide the final documents needed for approval on July 1.

Those documents were an updated valuation report on the property, to be used as security for the bail, and a utility bill showing their address. They had previously submitted their deed and other documents to the clerk.

Singh’s relatives were told to return on July 3, as the clerk had to go on leave. When they got to the court, they were told to come back on July 8, when his parents were approved as his bailors and the documents were sent to the prison. He was released on July 9.

He complained of the length of time it took for the clerk to approve his documents.

The judge outlined the process for bail approval and the need for some of the steps, which include an interview with the prospective bailors to ensure they have not taken bail before and to exclude “professional bailors” who pay a fee to pledge property to secure the release of an accused.

Rahim said this was an illegality that has plagued the system of bail for decades, so the processes were developed to thwart this.

He also said calls have to be made to the Registrar General’s department to verify that the deed was a valid one, and further calls had to be made to all magisterial districts to ensure the property had not been used before.

Once the results meet the standard for the clerk to approve bail, the bailor is then contacted and the approval is sent to the prisons.

The judge pointed out the entire process may take up to aweek and there may be times when unforeseen circumstances arise.

In Singh’s case, a sewer leak at the court closed the building for a day, and the clerk had to attend a training session.

Rahim said he was concerned with the part of the process that appeared to throw the burden on the proposed bailor to approach the court for a variation where no useful information was given on the absence of the clerk.

“This approach may tend to obfuscate the positive duty that exists on the part of public officers to ensure that the office of clerk of the peace is filled by way of an acting appointment in the absence of the appointed clerk of the peace or the provision of another suitable and equally efficacious process.”

Rahim said the courts were charged with the utmost responsibility of ensuring justice is efficiently dispensed, “and this necessarily includes attending to matters that touch and concern the liberty of the subject with reasonable and due dispatch.”

He said in this case there was no evidence Singh’s family was told the clerk would not be there for seven days, or of the process to apply for a variation.

But he said infringement of rights did not automatically follow.

Singh was represented by Kiev Chesney.