JAIL NOT BAIL

I sometimes wonder if our judges and magistrates get confused with the English language.  There are two four-letter words they seem to get mixed up which makes me want to use another one. The words I’m talking about are ‘jail’ and ‘bail’. Our learned judges seem to confuse their ‘Bs’ and ‘Js’. How else can you explain why time and time again they release people on bail when they should be in jail?

There have been numerous cases recently. I mentioned one on 3AW yesterday. A man allegedly attacked two people with a machete at a party in Werribee at the weekend.

A 20-year-old man was restrained by guests and arrested but not before two men were injured. One with severe cuts to his hand.

A man has been charged with intentionally causing serious injury and recklessly causing serious injury.  And he’s been released on bail.

How can you bail a person who  has been charged with such serious offences involving a machete?  Doesn’t augur well for the new, much-vaunted, knife laws.

And speaking of machetes. Remember that ghastly case in a park at Digger’s Rest a couple of years ago where a young man was ambushed attacked by a gang with knives and machetes. He was killed. Another man was stabbed so badly his intestines fell out and he was in a coma for 5 days.
Several men have been charged with murder and will appear in court later this month. They are out on bail. Have been for some time. They  spent their Christmas  holidays with family and friends while another family grieves.



Our courts are supposed to take murder seriously. A magistrate cannot grant a bail application for a person accused of murder. It must go to the Supreme Court where bail should be refused unless there are exceptional circumstances.  I believe the same should apply on culpable driving charges. Rarely is a drunken killer driver jailed pending trial. Too often they are out there laughing and joking and leading their normal lives. Some of them, still driving.

When the will judges get it? The word ‘jail’ starts with a  J not a B.  And while we’re on legal terms. The words  ‘jail sentence’ should not be prefaced with the word ‘ suspended’.

Footnote: Another example of bail wrongfully granted  comes from across the border.  A Sydney neurosurgeon was released on bail last month after a 22-year-old Brazilian-born prostitute (he called her an escort) was  found dead in his luxury Elizabeth Bay apartment. She died from a cocaine overdose. He was charged with illegal drug supply.

The doctor, Suresh Durendranath Nair was bailed but  forbidden from taking illegal drugs or engaging the services of prostitutes.   What happened?  Despite a girl dying in his bed he was at it again at the weekend.

He was arrested for breaching bail when caught with three prostitutes and illegal drugs in his apartment.

His lawyer applied for bail again. Said Nair could live with his mother who wouldn’t tolerate such behaviour. Bail this time was denied.

Tuesday, January 12, 2010

© Copyright Derryn Hinch 2010