Keros Martin and six others (Appellants) v Director of Public Prosecutions (Respondent) (Trinidad and Tobago)
Case ID: JCPC 2023/0105
Jurisdiction: Court of Appeal of the Republic of Trinidad and Tobago
Case summary
Issue
Does the Court of Appeal have jurisdiction to hear an appeal from a decision of the High Court on whether to grant bail to a person charged with murder?
Facts
The appellants in each appeal have been charged with murder and are awaiting trial. Mr Martin has been in custody since early 2018 and Mr Sahadeo and his co-appellants have been in custody since late 2011.
In the case of Charles v Attorney General of Trinidad and Tobago, the Court of Appeal confirmed that the law which had provided that persons charged with murder could not obtain bail was unconstitutional, a decision later affirmed by the Judicial Committee of the Privy Council ([2022] UKPC 31). After that decision, the appellants applied to the High Court for bail. In both cases, the High Court refused to grant bail, and the appellants sought to appeal the refusal to the Court of Appeal.
By majority, the Court of Appeal held that it had no jurisdiction to hear an appeal from a decision of the High Court on whether to grant bail to a person charged with murder. The Court of Appeal granted leave for the appellants to appeal to the Judicial Committee of the Privy Council.
Parties
Appellant
(1) Keros Martin, (2) Khemraj Sahadeo, (3) Ronald Riviero, (4) Glen Singh, (5) Roger Nicholas, (6) Safraz Juman, (7) Antonio Ramadhin
Respondent
Director of Public Prosecutions
Intervener
Law Association of Trinidad and Tobago
Appeal
Justices
Lord Reed, Lord Lloyd-Jones, Lord Hamblen, Lord Leggatt, Lady Simler
Hearing start date
11 November 2024
Hearing finish date
11 November 2024
| Watch hearing | ||
|---|---|---|
| 11 November 2024 | Morning session | Afternoon session |