A lawyer representing a policeman charged with murder said he intends to challenge the law that prohibits his client from getting bail in the Magistrates Court.
Police Constable, Kasroy Simon made his first appearance in the All Saints Magistrates Court today after being charged Thursday with the murder of Nicoma McFarlane, a Jamaican woman.
The 36-year-old officer is suspected of killing the 25-year-old woman and staging it as a suicide.
McFarlane was found dead at her mother’s home on February 7 and initial reports indicated that she drank Clorox Bleach.
However, an autopsy performed on the body showed she died of strangulation.
Simon was automatically remanded to prison Friday since section 62 (3) of the Magistrates Code of Procedure Act restricts Magistrates from granting bail for certain offences including murder.
The accused man can nonetheless apply for bail before a judge in the High Court.
Attorney, O’Neil Simpson, who is representing the officer, contended the provision in the Magistrates Code of Procedure Act contravenes the constitution.
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I am not saying he is innocent or guilty but I am proud to hear an Antigua Attorney who realize how ignorant and third world those court rules and criminal procedure Antigua has. You can be unlawfully arrested and sit in jail for months before you can see a high court judge to get bail. Having people going to a police precinct daily. What hurts, none of the attorneys I thought were super lawyers even challenged these unconstitutional laws.
Attorney Oneil Simpson, I am proud of you, you are a genius and I will be contacting you tomorrow.
Ok.!?
This is great news finally a lawyer of substance….
It is not business as usual…
INSTRUCT HIM/HER
Some attorneys never cease to amaze or create impressions or make mockery of the Judiciary.
Attorneys are engaged to give ‘…sound legal advice and representation to their clients.’
Anyone harboring such ‘…misguided thought of a legal challenge,’ shall be told that you would rather ‘…Instruct Him/Her’ to use your legal fees to apply to the High Court of Justice for bail, than to pay to challenge a law to ‘…empower Magistrates to grant bail for a capital felony.’
Though accusatory, tell them you have ‘…no intention of committing any felonious act.’
You may also wish toll them that ‘…if Magistrates want power to grant bail for murder,’ then they shall make representation to the relevant authority on their own behalf. Not at your expense.
Real talk. Accept the message; ‘…Don’t shoot the messenger.’
Mr. Pomey, Are you saying that there is a system in place where he can expedite his bail hearing wirh the highcourt? As opposed to waiting in prison until the case is called? Also, if an expedite is possible, is it secured through skillful legal argument via his attorney or through a fee?
Some frighten folks as soon as they migrate overseas….suddenly their country of birth (A&B) and the people becomes irrelevant and ignorant to way of life in our little paradise some become so critical that they sometimes forget that we are a country with laws just as the country they reside and some are so dumb and boast that they try to equate laws of other countries to that of ours. Those who did not migrate are proud of our little bit of paradise. Ah dat mek wen some ah unu cum back yah and see crab an ah play unu nah kno wha dem be an put unu fingure fu pet dem but wen dem gundy grap unu fingure unu say queese e eye.
@ Mr Pompey clearly you missed the point.
His challenge has very little to do with his client. Procedures are outlined to assist his client
His challenge will be a constitutional matter that prohibits the magistrate from granting bail albeit the law outlined the direction that can make it possible.
Because something is written in law does not make it consistent with the Constitution.
Because it was not previously challenge does not mean it cannot be challenge now.
OUR DEMOCRACY IS DESPERATELY IN NEED OF MUCH ACTIONS LIKE THIS. THIS IS THE COUNTER BALANCE WHICH WOULD MAKE THE SYSTEM FREE AND FAIR.
Any 1st year LAW Student would have been taught that as LAWYERS(ATTORNEYS) we deal with subsatnce…simply put (with Procedures) and if and when OUR clients come to us for advise, We would first if we know the answer, to the remedy to place on the wounds, sores (or complaints or concerns) we state it to them…after we would have listened to ALL what they have to say…..if we do not know, to turn to OUR Law Library to see what are the possible infringments, and which LAW are involved…If and when the matter(s) suggest that you have to move to the COURTS on a Constituional matter(s) in accord with the Constitution of Antigua/Barbuda….No 1106 of 1981…then so be it…Simply put…it you do not like what is going-on at the present…”Make a Challenge”In ending, I am clearly aware, that many things could have been done “better”but unless and until…the Laws are Amended, Repealed, Abolished or Abrogated…IT still stands…So said the LAW.
@Eric Henry this was not advise to his client.
TRUTHS AND RIGHTS AND RASTAMAN
Did not visit for a while. Killing ‘..two birds with one stone.’
Simply put, no one may say he/she has a ‘…constitutional right to bail by Magistrates, particularly for murder that is prohibited by law [MCPA: Section 62].
Sure you may recall the most recent case where, in a video recording, it shows a’ …step-father battering a step-son.’ Do you recall that upon appearance before the Magistrate, he was remanded to prison for one week?
In that instant case, the Magistrate had power to grant bail. The gravity and seriousness of the battering militated against the granting of such bail.
An ambitious attorney could have sought bail at the High Court of Justice. Wisdom prevailed in ‘…reserving resources-money and time.’
If a second application was denied, an attorney, if so instructed by the defendant could have done so.
Understand, that it is ‘NOT’ the Magistrate seeking powers to grant bail, but the apparent ‘…ill-advised attorney,’ who proposed to challenge the ‘LAW’ for Magistrates to have powers to do so for murder.
If a Magistrate or Judge decides that it is in the ‘…interest of justice and protection of society’ that a person shall not be granted bail, such decision can always be appealed.
It is easier to apply to the High Court for bail, than paying an attorney to fight the cause for Magistrates to be so empowered.
Follow Eric Henry’s comment- the law prevails.
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