In a move described as a historic judicial occurrence for St. Vincent and the Grenadines, a 16-year-old girl, Anthony Kia Thomas, accused of murder, has been granted bail following a high-profile constitutional challenge.
The granting of bail in a murder case is believed to be the first of its kind in the nation’s living memory. Traditionally, Section 43 of the Criminal Procedure Code has imposed a strict prohibition on bail for those accused of murder, effectively barring judicial consideration for at least nine months or until the conclusion of a preliminary inquiry.
The defense team, which includes Dr. Gonsalves, Ronnie Marks, Camilo Gonsalves, Karen Duncan-Gonsalves, and Graham Bollers, argued that this blanket ban is unconstitutional. They contend that the law violates several guarantees enshrined in the Constitution of St. Vincent and the Grenadines, including:
- The right to liberty (Section 3).
- The protection of the law (Section 8).
- The protection of freedom of movement (Section 12).
- The presumption of innocence and the separation of powers
Gonsalves explained that the core of the challenge rests on the principle of individualized judicial determination. The defense argues that the legislature cannot “usurp” the court’s right to determine the appropriateness of pre-trial detention on a case-by-case basis.
“We are not saying that when you go before the judge, the judge has to give you bail,” Gonsalves stated, emphasizing that the court must simply have the authority to consider it. In the case of Thomas, the defense highlighted that the 16-year-old has no passport, no employment, and poses no flight risk or danger to the community.
Justice Thom, a retired Court of Appeal judge currently sitting on the High Court bench, presided over the matter and granted the application. As part of her bail conditions, Thomas is required to report to the Colonarie Police Station three times a week—on Mondays, Wednesdays, and Fridays.
While Thomas has returned to her family home, the legal battle is far from over. A tentative date for criminal proceedings has been set for mid-August, and the substantive constitutional motion regarding the validity of Section 43 is scheduled to be heard in February of next year.
Gonsalves noted that his deep involvement in the case was motivated by a longstanding family connection to the accused, noting that his great-grandfather and Thomas’s great-grandfather were close friends who attended primary school together in Colonarie.
Despite the personal nature of his involvement, Gonsalves stressed that the focus should remain on the legal principles at stake, particularly the authority of the court to hear bail applications in all matters, including murder.
Thomas is accused of the murder of Winston McMillan, which occurred several months ago in Colonarie.
