If Terry Ann Lester could give her son Logan a present for his birthday at monthend, it would be that Logan’s father would get bail and see his son.
“It’s very frustrating because getting bail is tough, because the Justice of the Peace wants to see $10,000 in an account continuously and that amount of money is not something everyone can have,” said Lester, a Santa Cruz mother of four.
Lester gave her story to the Guardian concerning her husband’s inability to access bail. This was despite cash bail being granted in the sum of $10,000 by the magistrate overseeing the case since March 2016.
Lester said she was asked by the Justice/Clerk of The Peace to show a minimum balance of the bail amount in a bank account for the last six months.
Seeking a lawyer to help yesterday, she said, “They (authorities) asking for bail money in an account and I don’t keep money in my account as money disappears. I wrote the Chief Magistrate and they called me in and told me I had to go back to the Justice (Clerk of ) the Peace.
The JP didn’t accept what I offered. I showed them my hairdresser’s certificate but there were still problems.
“My brother in-law has his own business and offered to help but was told he had too much money in his account. A relative who worked at hospital wanted to assist, but the JP wanted to see money constantly in the account, not going in and out. I don’t know what to do again.”
“Is me and me alone have to fight up. Just now is my son birthday, he’s three. It would be nice for him to see his father, or at least for Christmas.”
Single Fathers Association president, Rhondall Feeles, called on the Chief Justice to address such issues:
“The requirement Lester was asked for—continuous money in the account—is absurd. People may fear money could have been allocated via criminal means. But there are very common legal ways that funds can be acquired to satisfy the necessary bail requirement such as fundraising events, donations or a family coming together to allocate the required cash.”
Legal sources pointed out a Clerk of the Peace/JP has discretion to approve bail documents. The Hall of Justice’s protocol/communication officer did not immediately reply to the Guardian yesterday.