Lawyer calls for cash for the wrongfully imprisoned
lawyer has declared.
Mr. Archie Warner's call comes in the wake of the Jerry Fubler Supreme Court trial.
Fubler -- accused of robbing a security guard of more than $4,000 in St.
George's -- was acquitted this week after spending more than a year in prison.
Yesterday Mr. Warner, who defended Fubler, said Bermuda should set up a system of financial compensation.
Such a system was in place in other countries, including England.
"On the face of it an injustice has been done and Fubler should be compensated.'' Mr. Warner also appealed for Police and prosecutors to be "more scrupulous'' when pressing for people to be remanded in custody pending trial.
"We have to be very careful the Police and prosecution do not use remand as an extra judicial penalty.'' Mr. Warner said the system of remand was being "capriciously administered.'' And he added Fubler should not have been remanded in custody given the "tenuousness'' of the Crown's case.
"The Police had the record of an eye witness's report that Fubler was not the person who committed the crime.'' Mr. Warner went on to point out the court calendar was overloaded at present.
This meant trials could be delayed, and it was essential people were not locked up without just cause.
"The court system is all clogged up, although the Chief Justice has been trying to get people on remand early trial dates.'' Yesterday Crown Counsel Mr. Brian Calhoun said there was no set time limit for being remanded in custody.
But 90 percent of those before the courts were released on bail.
He also emphasised people had five possible chances to appeal remands.
"The Magistrate makes the decision in the first instance, and could make the proviso that he reviews that decision in two weeks.
"There is then a third opportunity. The remand decision must be reviewed at the end of the committal at a preliminary hearing.
"The defendant can also appeal to the Supreme Court against the decision to remand him.
"Finally, at the arraignments session there is a fifth opportunity for remand to be reviewed.'' Mr. Calhoun said there were no offences which automatically required a remand in custody.
Even those facing a murder charge could be released on bail, given exceptional circumstances.
"Obviously this happens very rarely.'' Mr. Calhoun was reluctant to comment on the question of compensation.
"People have long debated the pros and cons of this.''
