Jomo Thomas strongly criticized former Prime Minister Ralph Gonsalves during a recent broadcast, calling out his drastic change in stance regarding judicial discretion and bail for murder suspects. Thomas accused Gonsalves of having “zero moral authority” and described him as “bankrupt” and “opportunistic” for now championing the very judicial powers he publicly condemned just over a year ago.
According to Thomas, Gonsalves’ law firm recently filed a constitutional motion seeking to strike down or revise Section 43 of the Criminal Procedure Code, arguing that it is unconstitutional and inappropriately strips the judiciary of its role to evaluate bail on a case-by-case basis. The motion claims the current law is subversive to the fundamental rights and freedoms of individuals. Under Section 43, bail for murder charges is not subject to a blanket opposition, but can only be considered after nine months have elapsed or a preliminary inquiry is completed. Thomas noted that this section was actually enacted to protect someone from the “ruling elite” who was charged with murder, ensuring they would not have to await trial in prison.
Thomas expressed disbelief at the former Prime Minister’s new legal campaign, pointing out a glaring contradiction. On April 18, 2023, during a Caricom symposium in Trinidad and Tobago, Gonsalves made headlines for slamming judges who granted bail to murder suspects. During that event, Gonsalves asked, “Where do these judges live? On Mars?” and warned that the judiciary must ensure defense lawyers do not “control the court”.
“If the former prime minister of St. Vincent was vehement in his opposition to judges’ discretion on the issue of bail, what the hell has caused the turnaround?” Thomas questioned.
Thomas highlighted the hypocrisy of Gonsalves taking up this human rights mantle after being out of power, noting that Gonsalves had been a legal practitioner for over 20 years and spent 24 years in power, which included serving as Minister of Legal Affairs. Despite proudly having “control over every square inch of St. Vincent and the Grenadines,” Gonsalves made no effort to change the legislation during his tenure.
Thomas further criticized Gonsalves for expressing surprise that other lawyers had not challenged the law sooner, noting the former prime minister’s own track record of stalling justice. Thomas cited the Jemark Jackson case, where a 15-year-old boy was beaten into a coma by police, suffering injuries that a testifying doctor said were “akin to someone who fell out of a helicopter”. According to Thomas, Gonsalves refused to settle the personal injury matter, letting it drag through the courts from 2009 until early 2024. Furthermore, Thomas pointed out that for the vast majority of Gonsalves’ 24 years in power, St. Vincent did not have a resident psychiatrist, resulting in scores of prisoners being “warehoused” indefinitely because they could not be properly evaluated for their fitness to plead.
Thomas also recalled the regional backlash to Gonsalves’ 2023 anti-bail comments. Trinidadian Senior Counsel Israel Khan famously rebuked Gonsalves at the time, calling his statements “an embarrassment and a disappointment”. Khan stated he was “flabbergasted and deeply disturbed” that politicians would blame judges for the escalation of crime rather than devising workable crime plans, suggesting they were shifting the blame for their own incompetence onto the judiciary. Khan further questioned if these politicians were merely protecting a “parasitic oligarchy”.
Thomas admitted that challenging Section 43 is an “important legal point” and a good test of the law, he insisted that Gonsalves is the wrong messenger. He warned the public to stay vigilant against former leaders attempting to rebrand themselves as defenders of the masses and the working class.
“We have to remember not to forget, otherwise people are going to just throw dust in our faces,” Thomas warned, concluding that Gonsalves’ newfound advocacy for judicial discretion is simply his “usual hypocrisy”.