KINGSTON, Jamaica — A significant legal confrontation unfolded in the Kingston and St Andrew Parish Court this Tuesday, spotlighting tensions between judicial reforms and law enforcement practices. Defense attorney Vincent Wellesley issued a compelling appeal for stricter adherence to Jamaica’s Bail Act, contending that authorities are systematically disregarding statutory provisions designed to protect suspects’ rights.
The controversy emerged during proceedings concerning a client of Wellesley’s who has remained in custody since January 29 after being detained at Sangster International Airport. According to Wellesley, his client was transferred to Kingston the following day and informed he would be held until February 8 without formal charges being filed—a situation the attorney characterized as legally untenable.
Wellesley invoked the 2023 Bail Act, which explicitly permits bail at three distinct stages: pre-charge, post-charge, and post-conviction in specified circumstances. ‘If the investigation remains incomplete, he qualifies for pre-trial bail,’ Wellesley asserted, emphasizing that continued detention without charges violates both the legislation and constitutional safeguards.
Responding to these claims, a representative from the Major Organised Crime and Anti-Corruption Agency (MOCA) defended the detention under Section 39(1) of the Justices of the Peace Act (last amended in 2018). This provision allows Justices of the Peace to remand individuals suspected of certain offenses for multiple days when deemed necessary.
The MOCA representative justified the seven-day remand request by identifying the detainee as a person of interest in an active, multi-jurisdictional fraud investigation involving millions of dollars. She cited flight risk concerns, noting his multiple addresses and airport apprehension, and confirmed plans for an identification parade and imminent questioning.
Presiding Judge Alwayne Smith endorsed Wellesley’s concerns, observing that the Bail Act was deliberately founded on constitutional principles. Judge Smith highlighted specific requirements that bail must be addressed within 48 hours of detention and identification parades conducted within 150 hours of arrest.
Following deliberations, both parties agreed to schedule a question-and-answer session, after which formal charges may be filed. The case has ignited broader discussions about the implementation of Jamaica’s progressive bail reforms and the balance between investigative necessities and individual rights.