Monday, September 26, 2011

The government is expected to unveil changes to the Bail Act when the House of Assembly reconvenes... ... 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


Dangerous Criminals on Bail in The Bahamas


Bahamians want action on bail

thenassauguardian editorial




It would appear that a public spat has erupted between the Minister of National Security Tommy Turnquest and Chief Justice Sir Michael Barnett, over the effectiveness of the country’s judicial system.

Last week, Minister Turnquest repeated a statement he made in the past that criminals must be kept behind bars, and said that if judges were elected officials some of them would be run out of town.


Turnquest said that while he has no wish to encroach on the independence of the judicial system, in his opinion some judges have been far too “liberal” when it comes to granting bail to career criminals and those accused of serious offenses — and he believes the police and the public agree with him.

Sir Michael hit back hard.   He described Turnquest’s criticisms as unfortunate.   “I am always concerned when people attack the judiciary because persons have to be careful in what they say, so as not to undermine the public confidence in those of us who serve in judicial office,” Sir Michael said.

The Chief Justice stressed that judges are independent and do not make decisions based on public sentiment; and are aware of what goes on in society.

Sir Michael makes a good point, and perhaps Minister Turnquest should have chosen his words more carefully, but that does not erase the challenges faced by the judiciary and the impact those challenges are having on the country’s crime problem.

The government and Minister 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 count - now over 100 - would have been lower over the past several years if a number of those out on bail were still in custody.

The country has now recorded four record-breaking murder counts in five years. And we are on pace to far outstrip last year’s record of 94.

The government is expected to unveil changes to the Bail Act when the House of Assembly reconvenes next month.

We hope these changes meet the needs of the country.

We are also eager to hear what Prime Minister Hubert Ingraham has to say in his upcoming national address on crime.

In addition to the questions over why so many dangerous criminals are out on bail, there is also still a great deal of confusion surrounding the rulings of the Privy Council and how they have impacted our judicial process.

A ruling by the Privy Council in which it held that it would be cruel and inhumane to execute someone under the sentence of death for more than five years has had unintended consequences, mostly arising from how unprepared our national leadership was to deal with such a momentous ruling.

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.

Sep 26, 2011

thenassauguardian editorial

Sunday, September 25, 2011

Stephen Serrette - leader of the Christian People Movement (CPM) says: ...if elected he will seek to govern with help from The Bahamas Christian Council

New political party wants to give Bahamas 'back to God'

tribune242


ANNOUNCING the formation of the Christian People Movement, party leader Stephen Serrette said if elected he will seek to govern with help from the Christian Council.

The symbol of the CPM is an open Bible, as it is the party's belief that the word of God is a "reservoir of solutions" for all the country's problems, Mr Serrette said.

"A CPM government will actively engage the assistance of the Bahamas Christian Council and other religious institutions.

"A CPM government will set a high standard of Christian values, conduct and code of ethics for our leadership, including Cabinet ministers, parliamentarians, and government officials," he said.

Mr Serrette, who until recently served as national chairman of the Bahamas Constitution Party and before that as a PLP branch chairman, said the CPM intends to run a full slate of candidates in the 2012 general election, and "thereafter emerge as the next elected government of the Commonwealth of the Bahamas."

He said that "through the Holy Bible" the party plans to achieve its aims in the areas of education, national security, tourism, health, finance and immigration.

On this last point, Mr Serrette said: "We cannot allow other cultures to prevail in the Bahamas. A visit to these islands should be a Bahamian experience."

The party is therefore calling for better enforcement of immigration laws, including a precise record of when each visitor leaves the country.

"Our immigration laws must be so rigid that it serves as a deterrent to illegal immigration in the Bahamas. At present, too many agencies - our health care, police, Defence Force and education - are greatly taxed by illegal immigrants.

"There must be a higher cost for the education and health care received by non-Bahamians," Mr Serrette said.

He also called for "greater distribution of wealth to the common man" through Crown land leases with development stipulations.

Also on the CPM agenda is: the promotion of healthier lifestyles and state-of-the-art hospital care; deficit reduction and prudent spending; and the promotion of quality service through education and training.

Mr Serrette added: "The CPM will give this country back to God with righteous governance, being fair to all Bahamians."

September 24, 2011

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Saturday, September 24, 2011

A Free National Movement (FNM) source says: ... Branville McCartney will lose his Bamboo Town Parliamentary Seat in the next election to Cassius Stuart, who is the FNM party's unofficial candidate for the area

McCartney says FNM comments a 'slap in the face to Bamboo Town residents'


By TANEKA THOMPSON
Deputy Chief Reporter
tthompson@tribunemedia.net


SUGGESTIONS that Bamboo Town is an FNM constituency is a "slap in the face" to residents of the area who deserve full representation regardless of political affiliation, MP Branville McCartney said.

His comments came after a source in the Free National Movement said Mr McCartney will lose his seat in the next election to Cassius Stuart, who is the party's unofficial candidate for the area.

"I think that it's almost a slap in the face to Bahamian people. It is a constituency for the Bahamian people," said Mr McCartney, as he prepared to host a town meeting in Grand Bahama yesterday.

The former FNM member said he had hoped that Prime Minister Hubert Ingraham would be the party's candidate to challenge him in a "leader-to-leader" battle.

"I was a bit disappointed to hear that Cassius may be running especially after the prime minister and (members of his) Cabinet went down there a few months ago and indicated that they were sure it was an FNM seat and the prime minister and the Cabinet apologised for sending me there.
"I thought it was going to be leader against leader," he said.

Earlier this week, a well-placed source in the FNM said Mr Stuart will beat Mr McCartney because constituents in Bamboo Town are "hard-core" FNM supporters.

"Bamboo Town is like what Bain Town is to the PLP, hard-core, and the people are very upset that Branville abandoned them the same way they were upset when (former area MP) Tennyson Wells did it to them. Bamboo Town is FNM and will go back to the FNM," said the source.

Yesterday Mr McCartney said he does not know if voters in the area he represents will back Mr Stuart, or the Progressive Liberal Party's candidate Renward Wells.

But he said his work in Bamboo Town over the last four years speaks for itself.

"I've done my part as a representative. We have a number of programmes that started from 2007 and we do (area) walkabouts once a week."

"I can't say whether or not they would vote for him or others. Obviously there is going to be a three-way race or more, the Bahamian people and the people of Bamboo Town will have to decide," he said.

September 23, 2011

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Friday, September 23, 2011

Despite the regularity of the issuance of the death sentence, executions are uncommon in The Bahamas... There has not been a hanging in The Islands since David Mitchell was executed on January 6, 2000


The Death Penalty in The Bahamas


Realistic about the death penalty


thenassauguardian editorial



Execution remains the most severe punishment prescribed by the state for the crimes of murder and treason.  The punishment of death is regularly issued in The Bahamas against those who murder.   Treason prosecutions are virtually non-existent.  Despite the regularity of the issuance of the death sentence, executions are uncommon.  There has not been a hanging in The Bahamas since David Mitchell was executed on January 6, 2000.


In the 1993 Pratt and Morgan ruling, Her Majesty’s Privy Council ruled that it would be cruel and inhuman to execute a murder convict more than five years after the death sentence was issued.

This ruling was intended to protect the innocent and various civil liberties.  But it has had unintended consequences.

The ruling has slowed the execution process.   Murder trials take a long time to come up in this country and the appeals process after the death sentence is issued also takes years.

The country hanged 50 men since 1929, according to records kept at Her Majesty's Prison.  Five of them were hanged under the first two Ingraham administrations (1992-2002); 13 were hanged under the 25-year rule of the Pindling government (1967-1992); and the remainder were executed between 1929 and 1967.

In 2006, the Privy Council also issued a ruling, stating that the section of the Penal Code requiring a sentence of death be passed on any defendant convicted of murder "should be construed as imposing a discretionary and not a mandatory sentence of death."

The government has acknowledged that hangings are unlikely considering the five-year rule and the amount of time it takes for the appeals process to take place.   However, despite this acknowledgment, capital punishment remains a legal punishment.

This commentary is not intended to offer an opinion on whether or not capital punishment is a fair or reasonable punishment.   There are good arguments for and against hangings.

What is clear is that it is virtually impossible for the death sentence to be carried out.  And appeals against the sentence add to the backlog of cases before various courts.   If the five-year rule remains, we need to end the death penalty for practical reasons.

The appeals waste time and money.

Anecdotally, the majority of Bahamians appear in favor of executions.   This includes many of the powerful and vocal Christian clerics.   Governments fear even raising the issue of ending the death penalty.

As we all consider ways to reduce the number of matters before the court in order to make the criminal justice system more efficient, we must put this issue up for debate.   Emotionalism is useless.   The facts are the facts.   Hangings, though desired by many, are unlikely.

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

We are eager to learn the details of the government’s legislative plan to address the definition of the length of a life sentence when Parliament resumes next month.

As long as the Privy Council rule remains in effect, murderers will appeal and appeal until the time for execution has past.

We must be realistic and accept that the days of execution in The Bahamas are over.

Sep 22, 2011

thenassauguardian editorial

Thursday, September 22, 2011

...Mr Deputy Prime Minister Brent Symonette, and the political red herring of conflict of interest


Brent Symonette


Symonette steps down as airport chairman in 2001



tribune242 editorial


ON MONDAY we discussed the claim by two PLP former ministers in the Pindling cabinet that the country now faced a "constitutional crisis" because Deputy Prime Minister Brent Symonette had "admitted" that his family had shares in a company awarded a government contract.  They called for his resignation from politics.



We said that we would return to the discussion on Tuesday, but got sidetracked by Police Commissioner Greenslade's call for tougher sentences to deter crime.

As 100 murders were recorded over the weekend with shootings continuing, the Commissioner was asked if police were doing enough to get crime under control. Commissioner Greenslade replied that the police were doing their best. They were arresting the suspects and taking them to court, but after the courts charged and released them, it was no longer a police matter. Today Senator Dr Duane Sands said that the record-breaking murder count would be three times higher if it weren't for the country's skilled doctors who were saving many lives.

All this is true, and if one follows the plot all steps lead to the courts. The doctors would not have so many critically wounded on their operating tables, if when the police took their assailants to court, the courts returned them to prison to await trial, rather than releasing them on bail into the community.

It is now up to legislators to set penalties that will not only frighten would-be law breakers, but like it or not, limit the courts discretion in granting bail.

And now back to Mr Symonette and the political red herring of conflict of interest.

In 2001 Prime Minister Hubert Ingraham, through the Minister of Transport, asked Mr Symonette to resign as chairman of the Airport Authority for apparent conflict of interest in awarding a contract to a paving company in which he had an interest. Six days after the matter was drawn to his attention, Mr Symonette resigned. Today he admits that in his efforts to get the job done quickly to prevent the threatened downgrade of Nassau International Airport by the FAA, he acted without consulting the Airport Authority's Board of Directors - most of whom were out of the country, preventing him from getting a quorum to call a meeting. However, on their return, they met and ratified his decision.

Mr Symonette's action was typical of a successful businessman, accustomed to making decisions and getting the job done efficiently and on time.

However, he will admit today that he was in the wrong, because in his position, he was no longer a private businessman, free to make immediate decisions, but a servant of the people who had to go through a slowed down process. This is the very reason that private enterprise is far more successful than any government undertaking, and the very reason why governments should never waste taxpayers' money by dabbling in private enterprise.

Three companies tendered for the airport paving job at that time. Bahamas Hot Mix, in which Mr Symonette had an interest, offered the lowest bid. "Bids came in on the 21st," Mr Symonette explained at the time, "they started work on the 29th, August."

To save money for the taxpayer, keep the FAA happy and save the downgrade of the airport that would affect tourism, Mr Symonette in August, 2000 awarded the contract to Bahamas Hot Mix to pave the airport's perimeter.

He said that at the time -- unable to get a quorum for a board meeting -- he declared his interest to the Chief Engineer before the contract was issued. The Prime Minister was also aware that he held shares in the Hot Mix company. And the information had been a matter of public record from August 22, 1992.

Although by his decision he saved the taxpayer money and achieved greater returns as a result of the contract, sacrificing many hours away from his own business for the airport, and, unlike past chairmen, never receiving pay for his services, Mr Symonette will today admit an error of judgment. Today he says many "mea culpas." He has since divested himself of his Bahamas Hot Mix shares. The shares have been transferred into a trust for his children. These are the same shares that are the centre of the current argument.

It was PLP Bradley Roberts, MP for Grants Town, who initially brought the matter to parliament in 2001 levelling charges of corruption and conflict of interest against the Ingraham government.

Behind the scenes Mr Roberts was himself in personal conflict with the Airport Authority chairman. Mr Roberts was a shareholder in a company that had a monopoly on all food and beverage handled at the airport, both in the airport building and for all incoming aircraft. This monopoly embraced the whole airport area as far as Coral Harbour, some claimed it took in about a five-mile radius. At the time that this monopoly was being challenged, Mr Symonette happened to be the chairman in the background asking unpleasant questions.

And so Mr Roberts' exposé in parliament was no surprise.

More on this subject tomorrow, unless our attention gets diverted to another subject.

September 21, 2011

tribune242 editorial

Wednesday, September 21, 2011

...has the Free National Movement (FNM) done enough to earn another five years in office?

FNM Version 3.0

By Ian G. Strachan

The Free National Movement will be pursuing its fourth non-consecutive term in office in 2012.  They have ruled during truly turbulent times.  The world has been rocked by financial crises, triggered in no small measure by the reckless actions of Wall Street financiers, the cavalier war of an incompetent Cowboy-President and the greed of oil magnates.

We are a small island state, a vulnerable jurisdiction more often changed by events too large for us to control than changed by our own will.  Ingraham has had the unenviable task of steering the ship of state during a global storm that has brought disaster to bigger, older, wealthier nations.  Is he getting the credit due him or will his achievements be considered inconsequential due to the times?  Has he blown golden opportunities or made the most of a bad situation?

Our job as voters is to determine whether the FNM did their best to keep the nation on a good footing and whether their best was good enough. Record murder rates, record unemployment and an unchanging record of academic underachievement seem to be the highlights of the FNM Version 3.0.

But before we write the FNM off, let us acknowledge that Ingraham and Co. have not just been twiddling their thumbs while the nation goes to hell in a hand basket.  They have actually gotten quite a lot done.  Let’s take an inventory of the last 4 years.

 

Unemployment Benefit
Facing a dire job market the FNM offered short term relief to thousands who contributed to National Insurance but found themselves out of work.  In order to receive the support you had to register with the Ministry of Labour who could then determine if there was indeed work you were qualified to do.  Although this move seems to have resulted in an increase in everybody’s National Insurance contribution, I think it was the right thing to do. (And it happened early, not late in their term of office).  Over 20,000 Bahamians received support and this benefit is now a permanent facet of NIB’s services.

Straw Market
One of the embarrassing facts about the PLP’s term in office is that they failed to erect a new Straw Market in their 5 years in office. The FNM built it with time to spare.  There seems to be a court battle looming regarding the project so the ultimate cost is still undetermined.  Nonetheless, the FNM got it done.

National Stadium
This is another PLP project that they couldn’t get done.  It has been done under the FNM.  We can certainly question the merit of such a project and the ultimate cost to the Bahamian taxpayer given that costly infrastructural work is necessary to provide power, telecommunications and water to the facility, but the fact remains, the FNM got it done.

New Airport Terminal
Another feather in the cap of the FNM.  Yes, NAD was started under the PLP’s but that’s the way of politics.  Besides, I hear this airport expansion has been on the drawing board since Ingraham’s first term. (No doubt while the PLP complain about foreigners running things they will hope we forget they handed the management of the airport over to Canadians.)

Saunders Beach
Despite all the spittle and hot breath expelled as a result of this project, it went ahead and is now complete.  The beach hasn’t disappeared and the new parking lot, playground, benches and sea grape trees are being enjoyed by citizens.   I miss the Casuarinas, but they don’t produce sweet purple fruit.

Traffic
I will give credit where it is due.  The decision to make Baillou Hill Road one way north of Robinson Road has improved the flow of traffic during the morning peak hours.  The purchase of a new fleet of police motorcycles was timely and has also enabled the police to have a much better and badly needed presence on the streets.  The enforcement of the seat belt law (which the PLP failed to do although they passed the law) has improved public safety.  The new highway leading from Saunders Beach to Tonique Williams Darling, has also provided a useful alternative to north-south travelers.  The new intersection at East Street South and Cowpen Road was a necessary adjustment to the population growth in that district.  And it was sensibly designed to allow a constant left turn, heading east from East Street. Small adjustments like the one made at the intersection of Prospect Ridge and JFK have also improved traffic flow and at minimal cost to taxpayers.  And those of us who take the time to stop screaming, can see where the road work is going: the five lanes at the Marathon-Robinson Road intersection, the double lanes on East Street north of Soldier Road, the widened, more attractive Robinson Road corridor, all suggest that the main avenues of the city will be enhanced and as far as possible are being refashioned to accommodate growth.  (Those are the positives).

Saving Mayaguana
The PLP cut a deal with the I-Group that gave 9,999 acres of land to a hotel/real estate development on an island with less than 500 people.  The developers were promising to build the largest airstrip in the world.  The Bahamian government was apparently an equal owner—whatever that means. I don’t care.  The deal was sheer madness in my opinion—we don’t need anchor projects that drop anchors on our heads.  The FNM re-negotiated the deal, cutting the project’s allotment in half.

Bahamar
This project has finally been properly financed and work has begun in earnest, on the FNM’s watch. It doesn’t matter that it was a project that was birthed during the PLP’s term in office. So was Ginn, right?  The FNM are in charge now and they are taking the credit for oversight of a deal that’s actually executable.  Bahamar is the only true hope either Christie or Ingraham can foresee in terms of placing 6-8,000 Bahamians in good paying, permanent jobs.  The problem is those jobs are years away from materializing, so whoever wins this election will be credited with the huge bite out of  unemployment that Bahamar will deliver.  I give Ingraham credit for insisting that PLPs endorse the China Eximbank deal.  I also give him credit for not allowing the thousands of Chinese laborers into the country until after the election.  He has out strategized Christie again in these cases.

BTC Privatisation
Here again, is a thorn in the PLP’s side.  They were late again.  And here again, the FNM got a deal done with time to spare.  Time for Bahamian tempers to cool.  Time for handsome packages to be handed out.  Remember when the fight was to save 300 jobs?  Well last I heard 450 had asked for packages.  So now the fight is to get one of these golden parachutes off Air BTC.  What a farce.  The issue is still whether private BTC is better than public BTC and I think that before Irene many were feeling that the former was shaping up to be the case.  However you slice it, the sale of BTC gave our strapped government a much needed cash injection—and hey, wouldn’t you know, civil servants will get some lump sums and increments.

Port Move and Bay Street
Another promised PLP project executed instead by the FNM (you notice the pattern here?).  History will judge whether the port was actually moved far enough away to truly affect down town traffic positively, but what was achieved was an opportunity for Bahamians to invest in something that was previously the exclusive right of a few families.  Will it ultimately be cheaper than the Clifton alternative?  The job’s not done yet, so again, the jury is still out.  Bay Street still has a long, long way to go to achieve the vision conveyed in the EDAW Report.  (Where’s the promised esplanade, for instance and the new green spaces and residential units?)  But at least the House of Assembly has gotten a face lift. It’s a start.  A slow start.

Prescription Drug Plan
Very late in Christie’s term a national health insurance plan was unveiled. It met with stiff opposition from the medical profession.  The FNM implemented a National Prescription Drug Plan in 2010 through NIB.  According to the NPDP website, 1 in 3 Bahamians suffers from a chronic non-communicable disease.  Although it’s not perfect and although I’m not sure how sustainable it is, I believe it has done much good.


Space doesn’t allow me to expand on other initiatives by the FNM, such as the completion of new courts, new pieces of legislation, the hiring of new judges, the training programmes they have funded and are funding, the infrastructural investment in new water mains in a place where up to 50 percent of the water was escaping through old pipes, the Self Starter Programme, reforms made to Customs and other efforts.  None of these initiatives are problem-free but they speak to the government’s attempts to address weaknesses in our systems and institutions and to empower Bahamians on some level.

Perhaps the most crucial feature of Ingraham’s term was what he didn’t decide to do to reduce our debt.  I’m referring to a non-decision which may have saved us from even greater unrest and even more suffering: he did not cut civil service salaries, or worse yet, initiate a large scale redundancy exercise (most reasonable people feel our civil service is bloated and ineffective).  This decision saved a good chunk of the Bahamian middle class and prevented a more serious economic collapse.  BTC and ZNS were the target of the FNMs downsizing efforts, not janitresses, teachers, policemen, clerks, secretaries and bureaucrats all across the civil service.

The FNM did put a freeze on salary increases but it could have been much much worse.  And FNM MPs and Ministers took a pay cut to send the message that sacrifices had to be made by all.  (A fraction of what they might be making in kick backs, some might cynically assert).  But the fact remains, austerity under the FNM was barely austerity.  No one will thank them for it but they will know that whatever they got wrong, they didn’t drive the population into the streets screaming because they couldn’t buy bread.

Ingraham’s government has been busy indeed.  The question remains, has the FNM done enough to earn another five years in office?  Have any of these initiatives positively affected average Bahamians in ways they can appreciate or are even aware of?

Next week we’ll look at the flip side of the FNM version 3.0: their miscues, outright blunders and missed opportunities.

Sep 19, 2011

thenassauguardian

Tuesday, September 20, 2011

Rev CB Moss - executive director Bahamas Against Crime (BAC) says: ...the new murder record "ensures that 2011 will be the bloodiest year in The Bahamas' history... setting the fourth new record in the last five years."


Bahamas Against Crime BAC


Bahamas 'near the tipping point' in crime



tribune242



THE Bahamas is now "near the tipping point" a local anti-crime activist group has warned.

Calling the new record for murders set last week a "shameful" milestone, Bahamas Against Crime (BAC) urged authorities to change tack before it is too late.



"Only a collective effort, with less talk and more focused action, will prevent a deepening of the crisis, with the attendant social collapse," said BAC executive director Rev CB Moss in a statement.

Rev Moss said the new murder record "ensures that 2011 will be the bloodiest year in our history, setting the fourth new record in the last five years."

As if this were not enough, he said, other serious crimes are also at or near record levels.

"Obviously this state of affairs is providing opportunistic and self-serving entities a great platform to assign blame, and to promote their selfish agendas," he said.

"The truth is that most, if not all of them failed to respond when they should have, thereby making a direct contribution to the present sad state."

BAC noted that since 2005, its members have tried "with very limited success" to alert the country to the impending crisis.

"Some of those doing the most talking today were among the least responsive. On April 19, 2010 Bahamas Against Crime organised a summit for private sector organisations, followed by another on June 16, 2010. It is very interesting to note how many of the nearly 100 invitees failed to attend. A visit to our website, bahamasagainstcrime.net/news.asp, will reveal their identities, which should make interesting reading.

"Bahamas Against Crime is once again calling upon the nation to act now before it is too late. If we are not prepared to act, then stop the rhetoric," Rev Moss said.

September 20, 2011

tribune242