Tuesday, April 5, 2011

Bahamians want to know what more can be done legally and constitutionally to address the bail crisis

The bail crisis

thenassauguardian editorial



With the release of the recent murder statistics showing alarming increases, Bahamians are growing increasingly frightened for themselves, their loved ones, their property — and our way of life.

This must be a sobering moment for the Government. It should also be a sober moment for the Opposition, as they too, were unable to arrest the rise in serious crime.

This is not a moment for the Government to lose its nerve or for the Opposition to attempt to score political points on what is arguably the number one issue for most citizens.

One area which most Bahamians feel some headway can be made in the fight against crime is in regards to bail for serious criminals.

The government and Minister of National Security Tommy Turnquest should be commended for implementing the electronic monitoring bracelet system, which it is hoped will go a long way in preventing suspects from re-offending.

But it is still hard for Bahamians to understand why so many dangerous criminals are out on bail, mocking our system of justice and terrorizing us in our homes and in our businesses.

Our murder rate would have been lower over the past several years if a number of the persons on bail were still in custody. We have had three record-breaking murder counts in four years. We are on pace to have another record breaking year when it comes to murders.

Rulings by the Privy Council on how long an individual can be held on remand before being released on bail were intended to protect the innocent and various civil liberties. The ruling has had unintended consequences, mostly arising from how unprepared our national leadership was to deal with such a momentous ruling.

Bahamians want to understand what is going on. And they want action.

So far, the political leadership of the country, FNM and PLP, has failed to adequately explain and effectively communicate the details of the Privy Council ruling, which inadvertently helped to fuel the current crisis.

More urgently, Bahamians want to know what more can be done legally and constitutionally to address the bail crisis.

The government has said that it will amend the Bail Act to limit the circumstances under which bail may be granted. From what we understand, there has been some concern surrounding the constitutionality of such a move.

Are there constitutional changes that can be made in this area? If there are, they should be explored, if that is not already being done. If not, it should be explained to the public.

Crime knows no boundaries or person, property or politics.

Bahamians do not want finger-pointing and the casting of blame. There is plenty of blame to go around, including of those citizens who tolerate or turn a blind eye to certain crimes when it is convenient.

Bahamians want and deserve a better explanation in terms of the various issues surrounding the matter of bail. But, more importantly, they are demanding action, arising out of fear for their very lives and livelihoods.

4/5/2011

thenassauguardian editorial