$40M in 1 TRIAL

He made the revelation in the Senate Tuesday evening as he laid the Bail (Access to Bail) (Amendment) Bill, 2017 which makes provision for alternative methods of securing bail for accused persons other than provision of property; permitting the use of cash bail or bonds issued by licensed financial institutions.

However, the Attorney General said he could not disclose the case involved as the trial is still pending and the lives of witnesses may be at risk if information is disclosed, which could be used to trace them. Debate on the bill, which was in progress late Tuesday night, has been adjourned to today.

Al-Rawi said there was a preference by the courts to use land or immovable property in granting bail and whereas security should only be required in the case of an accused person who was considered a flight risk, the practice has developed where the courts routinely ask for security.

He said the legislation was offering the opportunity for someone, instead of paying a professional bailor $10,000 - $20,000 to secure bail, to get cash or provisional security from a licensed financial institution to use as a form of security for the provision of bail.

The bill proposes that persons providing bail could make payments at prisons during specified hours if they are unable to do so at the courts.

Al-Rawi said the Government was adopting a suggestion by the previous administration that accessing bail was a problem when the Court Registry or the cashier was closed and once bail had been granted there should be the ability for another authorised entity to accept the security and clear the person.

He said there was the provision for the Commissioner of Prisons to accept the forms of security, keep a proper record and prescribe the days and times when the designated prisons officer may accept security.

However, during debate on the measure, Independent Senator David Small questioned what would happen over a long weekend with a large amount of cash in the hands of the prison system and there are shift changes.

Stressing that he was not casting aspersions on any officer, Small said that a person might pay $100,000 on one day and by the end of the period might only have $20,000.

He asked why the State could not use credit cards, noting that in another jurisdiction in which he had committed a traffic offence, he received an e-mail with a photograph of his car and the amount of the fine. He said he simply used his credit card and paid the fine.

Opposition Senator Khadijah Ameen took up the point made by Senator Small about paying money into the Prisons for persons to secure bail.

She asked whether the Attorney General had consulted with the Prisons Officers Association or the Prisons Commissioner before bringing the legislation to the Senate and whether the bill was the outcome of that consultation.