Attorney Ralph Gonsalves on Monday spoke extensively about his legal representation of the 16-year-old murder suspect and his resulting constitutional challenge against St. Vincent and the Grenadines’ current bail laws.
Gonsalves, alongside Ronnie Marks and lawyers from the Duncan Gonzalez legal chambers, is providing free legal representation to a 16-year-old girl from Colonarie who has been charged with a murder alleged to have occurred on April 12th.
He explained that he took the case pro bono due to his deep personal ties to her family, having grown up knowing her great-great-grandparents and having been primary school friends with her great-grandfather. Gonsalves stated that they have a “very strong defense” and emphasized that the 16-year-old poses “absolutely no threat” to anyone. He also expressed his belief that there is no reason she should be kept behind bars and that the public will be highly sympathetic to her once the full details of the case are revealed.
The suspect was remanded in custody because of Section 43 of the criminal procedure code, which places a near “blanket ban” on bail for murder. Under this specific law, a judge cannot even consider granting bail for a murder charge until a preliminary inquiry has taken place or a mandatory nine months have elapsed.
In response to her remand, Gonsalves and his team have filed a constitutional motion against the Attorney General and the Director of Public Prosecutions, acting on behalf of the young lady through her mother. Gonsalves argues that the current bail law is unconstitutional because:
- It violates fundamental rights: He says the law is subversive to the fundamental rights and freedoms of individuals.
- It removes judicial discretion: He argues the legislature’s blanket ban inappropriately strips the judiciary of its role to evaluate and determine bail on a case-by-case basis.
Gonsalves expressed surprise that this law had not been challenged in years. He clarified that if their challenge is successful, it does not mean every murder suspect will automatically receive bail. Instead, it will allow judges to make distinctions between different types of murder and grant bail for less severe circumstances, aligning St. Vincent with other Caribbean and Commonwealth jurisdictions where case law has already evolved away from blanket bans.
Gonsalves attended a status hearing where the matter was adjourned to the 29th of the month. He is hoping to quickly secure a date from the High Court to determine the constitutional challenge, which would pave the way for a judge to officially hear and evaluate the 16-year-old’s bail application without waiting the mandatory nine months.