Gonsalves attempts to revise his 2023 position on bail for murder

St. Vincent and the Grenadines (SVG) Opposition Leader Ralph Gonsalves has walked back widespread interpretations of his past controversial comments about judicial bail grants for murder accused, pushing back against claims he opposes bail access in murder cases entirely amid his high-profile constitutional challenge to SVG’s existing bail legislation.

Gonsalves, who served as SVG’s prime minister and national security minister when he delivered the original remarks at a 2023 regional crime symposium in Port of Spain, Trinidad, revisited the three-year-old comments during a Wednesday broadcast on Star FM, the radio station owned by his political party. He argues his original criticism has been consistently misrepresented, and that his current position — which calls for judicial discretion to hear bail applications for murder charges, rather than an automatic statutory ban — aligns with what he actually said at the event.

Recalling his symposium intervention, Gonsalves explained he was responding to data from Trinidad, Barbados and the Bahamas, three Caribbean nations outside the Organisation of Eastern Caribbean States (of which SVG is a member). At the time, 2023 had seen SVG hit a record high homicide count of 55, amid a regional surge in violent crime. Gonsalves said his concern was not that judges were permitted to consider bail for murder cases at all, but that a subset of judges in the three referenced jurisdictions were granting bail in scenarios where any reasonable assessment would have denied it. He famously compared those decisions to being made by judges “living on Mars,” and also raised concerns about potential unequal treatment of defendants based on their legal representation. Those 2023 remarks drew widespread condemnation from regional legal associations, legal practitioners and media outlets.

Today, Gonsalves leads a team of attorneys in a landmark constitutional challenge to SVG’s Criminal Procedure Code Section 43, which currently imposes a limited but rigid ban on judicial bail consideration for murder accused: defendants cannot apply for bail until either nine months have passed or their preliminary inquiry concludes, whichever comes earlier. The challenge is brought on behalf of a 16-year-old minor charged with murder, with Gonsalves arguing the automatic statutory pre-trial detention bar violates core constitutional protections, including the right to personal liberty, equal protection under the law, freedom of movement, and the separation of powers. He emphasized that automatic detention by legislative mandate, rather than court-ordered detention following individual assessment, is fundamentally unconstitutional, and that every defendant deserves individualized review of their bail eligibility by the High Court.

While the broader constitutional question remains pending before the courts, Justice Gertel Thom has already granted bail to the 16-year-old defendant — a decision Gonsalves calls unprecedented in modern SVG history. The bail application was fiercely opposed by the Attorney General’s Chambers and the Director of Public Prosecutions’ Office, but Thom ruled in favor of release after a case-specific risk assessment. The teen was granted bail with a $25,000 Eastern Caribbean dollar bond and two sureties; she is required to check in three times weekly at the Colonarie police station, but does not need to surrender her expired passport. Gonsalves noted the defendant’s circumstances make her a low flight risk: she is a minor with no valid passport, no voter identification, is unemployed and has very limited financial means, with no allegations that she poses a danger to the community or threatens witness testimony. “If she couldn’t get bail, I don’t know who else could have gotten bail,” Gonsalves told radio listeners.

SVG has recorded 28 homicides so far this year, and on current trend, the 2025 full-year total is projected to surpass 40, keeping violent crime at the forefront of the country’s political and policy agenda.