There's no bail for murder - or is there? Up until Saturday, that was one of the cornerstones of the Criminal Code, but that's changed now. At a special Saturday sitting of the court, in Justice John Gonzalez's chambers, Dickie Bradley appeared for his client, Constable Jesus Marroquin, who was charged for murder one week ago.
On Friday, Bradley had asked Gonzalez to grant his client bail based on special extenuating circumstances. Gonzalez considered his application and deliberated overnight - and the decision he delivered on Saturday set a dramatic precedent. He granted Marroquin bail of $25,000 and set the constable free for the Christmas. Bradley today told us that while bail has not been granted for murder before, that is more a convention and prevailing practice than it is the law.
Richard "Dickie" Bradley, Attorney for Accused
"There is no law that says he can't get it. It has only been a practice.
There does exist in the Supreme Court, at the discretion of the judge hearing the matter, authority and the jurisdiction to grant a person bail who is charged with murder.
In fact the judge felt, he took many hours, he took a whole day, to do his own research to see if what we were urging had basis in law. And he came down in favor of the fact that there is a discretion in a Supreme Court jJdge and that in this case it warranted the exercise of that discretion.
On Friday he did point out to me, as you have pointed out to me, if this means now that people will be rushing to the Supreme Court to go. He asked that question and clearly it can't mean that. His Lordship the judge said that having looked at the legislation, having looked at the law, that he was satisfied that he as a judge in the Supreme Court has the discretion, that the court can grant bail but it is going to be a rare situation and it is going to be something which clearly is not every instance where the DPP proffers a charge they are going to take it as a light matter."
Bradley will now apply for the case to have a quick trial. We wait now to gauge the effect of this precedent, to see how many more accused murderers will apply to the high court for bail.
