tribune242 editorial
ON THIS page today - in the Letters to the Editor column - Mr A Dion Hanna, the lawyer son of former governor-general AD Hanna, criticised National Security Minister Tommy Turnquest for his remarks "criticising and vilifying the judiciary". He accused Mr Turnquest of blaming the judiciary for "the state of murders in the country" today.
It is obvious from the facts that Mr Hanna has overstated his case.
National Security Minister Turnquest did not blame the judiciary for the "state of murders in the country".
However, he did say in a talk to Rotarians on September 22 that the courts' growing practice of granting bail to repeat offenders of violent crimes was "greatly contributing" to the country's escalating crime problem.
In other words, the courts were not the cause, but were certainly one of the many contributors to what is now a major security and social problem. As Mr Hanna, a lawyer, should appreciate, his statement of what he alleged Mr Turnquest said and what in fact Mr Turnquest did say are oceans apart. A contributor to a situation is certainly not the cause of the situation.
Mr Hanna also claims that Chief Justice Sir Michael Barnett called a press conference to defend the Bahamas' legal system against Mr Turnquest's "flagrant attack on the judiciary". Mr Hanna interpreted the calling of a press conference by Sir Michael as "of itself a most unusual event".
In fact, this "most unusual event" never took place. No press conference was either called or held. Instead, an enterprising journalist contacted Sir Michael to ask his opinion on Mr Turnquest's remarks and got a commendable interview.
Mr Hanna then criticised Attorney General John Delaney for failing to "defend the rule of law and the honour and integrity of our courts". In the matter of bail for repeat offenders -- which is what is the issue here -- the Attorney General is too sensible a man to make a fool of himself in public by defending the indefensible on this particular question.
And, in case Mr Hanna is trying to turn this into a political football we must point out that during the Christie administration, the concern of legislators over the matter of bail was the same as it is now.
If the Christie government's former attorney general - Allison Maynard Gibson - is to be believed - and there is no reason not to believe her - there was concern even in the ranks of the magistrates.
On May 19, 2006, speaking on the amendment to the Criminal Law Miscellaneous (Amendment Act), Mrs Maynard had this to say: "In conversations with Magistrates, those before whom most bail applications are made, they said they are often shocked to see how many people whose request for bail was denied by them (Magistrates) are back before them requesting bail for another offence committed while out on bail. These people had gone to the Supreme Court and been granted bail."
She then gave examples of repeat offenders continuing a life of violent crime while they awaited trial for a previous offence or offences. Her observations and comments were in lock-step with Mr Turnquest.
She also gave a breakdown of offences committed with a firearm. In 2004, she said, 7 per cent of the 234 persons arrested for fire arm offences were on bail. Also the majority of violent crimes committed that year were with a firearm.
She gave statistics of where ballistic analysis confirmed that a single firearm was linked to multiple incidents, i.e., armed robberies, shootings, murders and grievous harm. In fact, she went into greater detail than did Mr Turnquest at the recent Rotary meeting.
It was for this reason that at that time her government was amending the criminal law, specifically the Bail Act-- as the Ingraham government will be doing when parliament reconvenes next week. The 2006 Bill, which Mrs Gibson proposed, provided for appeal to the Court of Appeal by either the prosecutor or the person convicted where bail was either granted or refused by the Supreme Court.
She felt that the right of the prosecution to appeal on the issue of bail was particularly important "as statistics have shown that persons, while on bail take not only the opportunity to abscond but more importantly to commit further crimes. The police have indicated that persons out on bail sometimes interfere with witnesses either by themselves or through their acquaintances."
For anyone not to understand what an impact these repeat offenders are having on our society - and not to appreciate that they could not commit these crimes without the court's bail -- they would have to be deaf, blind, and live on another planet.
We often wonder if some of our judiciary -- and this includes certain defence lawyers -- are indeed living on another planet, as they seem to have failed to appreciate the lawlessness that surrounds them.
The judiciary needed a wake-up call. Mr Turnquest gave it, and in this he has the full support of The Tribune.
As for Mr Hanna -- and like thinkers -- we invite them to ponder the words of the learned Law Lord, the late Lord Bingham, a former Lord Chief Justice of England:
"...I do not consider it would be right," he said, "even if it were possible, for judges to ignore the opinion of the public. They do not live the lives of hermits; they are also conscious that the gift of infallibility is not conferred on them, alone among mortals.
"So when differences of opinion arise between judges and an identifiable body of public opinion, the judges are bound to reflect whether it may be that the public are right and they are wrong."
September 29, 2011
tribune242 editorial
A political blog about Bahamian politics in The Bahamas, Bahamian Politicans - and the entire Bahamas political lot. Bahamian Blogger Dennis Dames keeps you updated on the political news and views throughout the islands of The Bahamas without fear or favor. Bahamian Politicians and the Bahamian Political Arena: Updates one Post at a time on Bahamas Politics and Bahamas Politicans; and their local, regional and international policies and perspectives.
Thursday, September 29, 2011
Wednesday, September 28, 2011
...we need to restore the quick connection between crime and punishment in The Bahamas... And we need to ensure that the people who lead the critical divisions of the police force and the AG’s Office related to investigating and prosecuting serious crimes are up to the task
The prime minister’s national crime address
So much has been said in recent years about crime in The Bahamas. There have been four murder records in five years. Over that same five-year period more that 13,000 cases of housebreaking have been reported. Most of those homes were broken into in New Providence.
Bahamians are fearful. Bahamians are not sure that their law enforcement agencies and politicians are up to the task to fix the problem.
Opposition leader Perry Christie and his party seem to understand that crime is likely the most significant issue on the minds of most Bahamians. Christie, who is not known for leading the way, got out ahead of Prime Minister Hubert Ingraham in August. He made a national address on crime and offered solutions on behalf of his party.
Some of the ideas Christie presented had promise; others did not. However, in speaking to the country formally on the issue as the opposition leader and a former prime minister, Christie indicated that crime was an issue that must now be addressed and debated at the leadership level.
Ingraham said Sunday he would make a national address on crime Monday coming. His address will come almost six months after he promised during the national address on public infrastructure to speak about the growing crime problem in The Bahamas.
Ingraham made the crime address pledge at Lynden Pindling International Airport as he arrived back in The Bahamas from an official visit to Washington, D.C. He made the pledge after reporters asked him crime related questions. It is unclear if Ingraham had previously decided to make the national address or if he made the pledge in an effort to end the questioning.
Nonetheless, the address is needed and it will be interesting to hear what the prime minister has to say.
Ingraham has a fine line to negotiate. He will likely mention the millions of dollars his government has provided to the various agencies of the criminal justice system. He will likely also bring up the refurbishment of the courts.
Ingraham and his government have also gone further. Since coming to office in 2007 the chief justice has been changed, there have been three commissioners of police, two directors of public prosecution and at least five commanders at the Central Detective Unit.
His government has tried and it continues to try. But, as the numbers show, the crime problem is worsening.
What the PM needs to address is the competency of the leadership of his law enforcement agencies and whether or not certain agencies are adequately staffed with competent people.
Police investigate serious crime and lawyers from the Office of the Attorney General prosecute the cases. If the cases are poor and the prosecutors are less than capable, and there are too few of them, then few people will go to jail for the crimes they commit.
And, if the AG’s Office cannot bring forward cases fast enough, or if it does not want to because the cases were poorly prepared by police, then judges will grant bail to accused persons who would then be free to offend again.
There is too much talk now about everybody doing a good job. In this time of civility we say the commissioner of police and his officers are doing a good job; we say the National Security Ministry is doing a good job; we say prosecutors are doing their best. If police and prosecutors are doing their best, and the crime situation in The Bahamas is worsening, then those officers and prosecutors are not up to the task to help reverse the trend.
As we mentioned in a previous editorial, leadership is needed on the crime issue.
The prime minister must pledge bold action and show passion when he addresses his people. The money spent so far has not yet led to any meaningful results. We need to know what is next.
Simply put, we need to restore the quick connection between crime and punishment. And we need to ensure that the people who lead the critical divisions of the police force and the AG’s Office related to investigating and prosecuting serious crimes are up to the task.
If they are not, something else should be found for them to do.
Sep 28, 2011
Tuesday, September 27, 2011
"Thank God for the Privy Council!"... It is "thank God for the Privy Council" that gives our courts an aura of stability and is an added attraction for The Bahamas as a commercial centre
A case for keeping the Privy Council
tribune242 editorial
CRIME IS out of control. All of us are concerned, and naturally everyone wants a quick solution to something that has been a growing sickness for many years. As with all growing sicknesses, there is no quick fix.
Sir Etienne Dupuch died 19 years ago, having stopped writing this column about four years before his death. But for years before that he was warning the Bahamian people that unless something were done to reverse our social decay as far as crime was concerned the Bahamas was on a downward path in Jamaica's shadow. What we are complaining about today, he predicted in this column way back then.
Solutions are needed, but they can't be found in an atmosphere of hysteria. What has to be faced is that society as a whole is to blame - either by active participation, or by ignoring the signs in an attempt to insulate itself against the threatening storm. Only a united society can now overcome our problems.
This week a group of pastors got together to express their concern about crime, especially "about the spiralling, out of control murder rate."
They blame government for not doing what is legally necessary to carry out capital punishment in cases of those convicted of murder. They believe that "former and current governments" have failed the country by allowing the Privy Council to "force its 2006 interpretation of our constitution on us" and continuing to govern as if nothing can be done about it. In short they want the return of capital punishment, and the disappearance of the Privy Council.
What most people do not appreciate is that - as one lawyer pointed out -- when the Privy Council had the opportunity to rule that capital punishment was unconstitutional, it did not do so. However, what it did rule unconstitutional was that hanging was the mandatory sentence on a murder conviction. In other words there were no degrees of culpability for the crime. It was felt that instead of the mandatory sentence, the presiding judge should consider each case on its own merits and decide which warranted death and which a lesser sentence.
In other words it left us with capital punishment still on our statute books, but it forced the courts to put more thought into how the sentence was to be administered. It is now up to our legislators to craft legislation that makes it clear what types of murders would warrant the noose.
But we have to face the fact that capital punishment in this world is seeing its last days. Even in America, one of the last bastions of the death penalty, discussions are now underway about its abolition. Consciences are being pricked in the knowledge that many innocents have been condemned to death by contaminated evidence and faulty judgments.
Many Bahamians are calling for the Bahamas to cut all ties with the Privy Council so that our penal system can again start to "hang 'em high." This of itself would be a capital blunder - it would remove the most important plank that makes the Bahamas attractive as a commercial centre. Many international businesses would not locate here if our courts did not have the added attraction of the Privy Council as the final court of appeal.
As one international businessman - despairing of his litigation in our court system - commented: "Thank God for the Privy Council!"
It is "thank God for the Privy Council" that gives our courts an aura of stability and is an added attraction for the Bahamas as a commercial centre.
Without the Privy Council as our final and truly independent high court, where would we turn? The Bahamas certainly could neither afford nor mann a local high court with Bahamians. And who can guarantee that a panel of Caribbean judges at the Caribbean court would not rule in the same manner as the Privy Council law Lords in London when it comes to capital cases? Many of them are even now debating the abolition of capital punishment. And so, even with a regional court there is no guarantee that the Bahamas will be able to hang 'em high. That is why we believe that the only way to keep the dangerous murderer away from society is to have a life sentence that truly lasts to the end of the convict's natural life.
But even so the death penalty will continue to haunt the Bahamas. Through the FTA many trade agreements have social justice clauses to protect children, workers and many other groups. Many European countries will not enter into agreements with a country that imposes the death penalty.
Some years ago we wrote in this column about a European ambassador who was paying us a courtesy call. At that time capital punishment was very much an issue. He wanted to know when the Bahamas was going to abandon capital punishment. When we told him of the feelings of the Bahamian people, his comment was that the European organisation to which his country was a member would force the issue -- the Bahamas would no longer qualify for loans.
And so for those who want to be rid of the Privy Council so that they can hang their criminals, they would be advised to think long and hard. They will be denying this country one of its most valuable assets, the upkeep of which costs us nothing, in exchange for what? Certainly no guarantee that we shall be able to tie the hangman's noose around the neck of some unfortunate wretch.
September 27, 2011
tribune242 editorial
tribune242 editorial
CRIME IS out of control. All of us are concerned, and naturally everyone wants a quick solution to something that has been a growing sickness for many years. As with all growing sicknesses, there is no quick fix.
Sir Etienne Dupuch died 19 years ago, having stopped writing this column about four years before his death. But for years before that he was warning the Bahamian people that unless something were done to reverse our social decay as far as crime was concerned the Bahamas was on a downward path in Jamaica's shadow. What we are complaining about today, he predicted in this column way back then.
Solutions are needed, but they can't be found in an atmosphere of hysteria. What has to be faced is that society as a whole is to blame - either by active participation, or by ignoring the signs in an attempt to insulate itself against the threatening storm. Only a united society can now overcome our problems.
This week a group of pastors got together to express their concern about crime, especially "about the spiralling, out of control murder rate."
They blame government for not doing what is legally necessary to carry out capital punishment in cases of those convicted of murder. They believe that "former and current governments" have failed the country by allowing the Privy Council to "force its 2006 interpretation of our constitution on us" and continuing to govern as if nothing can be done about it. In short they want the return of capital punishment, and the disappearance of the Privy Council.
What most people do not appreciate is that - as one lawyer pointed out -- when the Privy Council had the opportunity to rule that capital punishment was unconstitutional, it did not do so. However, what it did rule unconstitutional was that hanging was the mandatory sentence on a murder conviction. In other words there were no degrees of culpability for the crime. It was felt that instead of the mandatory sentence, the presiding judge should consider each case on its own merits and decide which warranted death and which a lesser sentence.
In other words it left us with capital punishment still on our statute books, but it forced the courts to put more thought into how the sentence was to be administered. It is now up to our legislators to craft legislation that makes it clear what types of murders would warrant the noose.
But we have to face the fact that capital punishment in this world is seeing its last days. Even in America, one of the last bastions of the death penalty, discussions are now underway about its abolition. Consciences are being pricked in the knowledge that many innocents have been condemned to death by contaminated evidence and faulty judgments.
Many Bahamians are calling for the Bahamas to cut all ties with the Privy Council so that our penal system can again start to "hang 'em high." This of itself would be a capital blunder - it would remove the most important plank that makes the Bahamas attractive as a commercial centre. Many international businesses would not locate here if our courts did not have the added attraction of the Privy Council as the final court of appeal.
As one international businessman - despairing of his litigation in our court system - commented: "Thank God for the Privy Council!"
It is "thank God for the Privy Council" that gives our courts an aura of stability and is an added attraction for the Bahamas as a commercial centre.
Without the Privy Council as our final and truly independent high court, where would we turn? The Bahamas certainly could neither afford nor mann a local high court with Bahamians. And who can guarantee that a panel of Caribbean judges at the Caribbean court would not rule in the same manner as the Privy Council law Lords in London when it comes to capital cases? Many of them are even now debating the abolition of capital punishment. And so, even with a regional court there is no guarantee that the Bahamas will be able to hang 'em high. That is why we believe that the only way to keep the dangerous murderer away from society is to have a life sentence that truly lasts to the end of the convict's natural life.
But even so the death penalty will continue to haunt the Bahamas. Through the FTA many trade agreements have social justice clauses to protect children, workers and many other groups. Many European countries will not enter into agreements with a country that imposes the death penalty.
Some years ago we wrote in this column about a European ambassador who was paying us a courtesy call. At that time capital punishment was very much an issue. He wanted to know when the Bahamas was going to abandon capital punishment. When we told him of the feelings of the Bahamian people, his comment was that the European organisation to which his country was a member would force the issue -- the Bahamas would no longer qualify for loans.
And so for those who want to be rid of the Privy Council so that they can hang their criminals, they would be advised to think long and hard. They will be denying this country one of its most valuable assets, the upkeep of which costs us nothing, in exchange for what? Certainly no guarantee that we shall be able to tie the hangman's noose around the neck of some unfortunate wretch.
September 27, 2011
tribune242 editorial
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
Bahamians want action on bail
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
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
tribune242
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
tribune242
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
tribune242
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
tribune242
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
Realistic about the death penalty
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
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