Tuesday, October 4, 2011

National Crime Address by Prime Minister Hubert A. Ingraham - 3 October 2011

National Address on Crime


Rt. Hon. Hubert A. Ingraham

Prime Minister

Commonwealth of The Bahamas


3 October 2011



The Challenges Confronting Us


My Fellow Bahamians:

Good evening.

Tonight, I speak to you on the issue of crime which is undoubtedly the most pressing issue in our nation. Crime has become one of the greatest threats to our way of life and to life itself.

The security, protection and welfare of the Bahamian people are among the most fundamental duties of my Government. These are my most urgent responsibilities.

We are today confronted by an intolerable level of crime, especially violent crime, and disrespect by the criminal class for life and for the Giver of Life.

We are confronted by criminals — a criminal class of older seasoned offenders as well as a crop of bloody-minded juvenile offenders and thugs who seem to believe that they can evade the rule of law with little or no regard for life and other people’s property.

For some, life is cheap; our common welfare is of no value.

I share your anguish and anger whether you or a family member or neighbour has been a victim of crime.

This vicious assault of crime affects us all. It destroys lives and damages livelihoods.

Most particularly it threatens the future of our youth, the majority of whom daily choose to live good lives, study ardently, participate in health and life-affirming activities in sport, in the arts and through volunteerism. We owe it to that majority of our youth and to all our God-fearing citizens to reassert all that is good and decent in our heritage and to unite to stop those who seek to disregard and destroy that goodly heritage.

Our great ally in combating criminality is the rule of law. In a matter of days my Government will introduce legislation in Parliament to further aid in the shared battle we are waging against criminality. During the debate on these laws, I will, along with my colleagues, share with you in detail the measures we are pursuing to strengthen our laws and our resolve.

The arsenal and tools we must use in this shared and common fight against crimes and criminality must also include faith- and community-based responses. Government and other institutions are no substitute for personal responsibility and family life.

More broadly and urgently, our cause must be for a future that is more peaceful and nonviolent.

We did not arrive at this grave state of affairs overnight. Still, our dual challenge is to respond to the immediate effects of crime as well as the longer term causes and solutions to violence and anti-social behaviour.

How We Got Here and What Your Government is Doing

My Fellow Bahamians:

To combat crime and its various causes requires us to understand how we got here, and that we all have a role to play in confronting this complex and vexing national challenge.

Today’s culture of crime and criminality has deep roots and multiple causes, all of which must be addressed by each one of us.

In far-reaching and destructive ways, those roots and causes sank deep into our culture feeding off and growing from the rampant drug trafficking and gangsterism which ran wild in the 70s and 80s.

Among the casualties of that period were some of our sons and daughters who became addicted to the ill-gotten gains of that trade. Tragically, others became addicted to drugs like crack cocaine which ravaged their minds and their bodies as well as their dreams and potential.

Rampant materialism laid waste to long-held values and positive social mores. Family life suffered as too many parents and even grandparents traded traditional values for materialism, such as new satellite dishes, fancy cars, expensive jewellery and trips abroad.

Today, in addition to a more entrenched culture of criminal violence, there is also a gun culture. Supporting that culture is ready access to all manner of illegal weapons smuggled into The Bahamas. We will address this issue.

We are increasing the number and frequency of random searches of general imports by Customs with a view to discovering illegal weapons which are sometimes concealed in general imports of household appliances and dry goods, vehicles and or components and parts.

It will also require improving the tracking of weapons entering the country legitimately on visiting pleasure craft so as to ensure that each and every firearm departs The Bahamas on the vessel on which it arrived.

My Fellow Bahamians:

It is our firm conviction that removal of the unlicensed firearms from our society will substantially reduce the level of crime and pain in our society. Toward this end the Police Force is strengthening and expanding the reach and intensity of action by its special task forces dealing with firearms and drug houses.

At the same time amendments to the Firearms Act and to the Dangerous Drugs Act together with new legislation for the control and regulation of Pawnbrokers and Second-hand dealers will add new teeth to police initiatives to identify and shut down drug houses and to closely regulate pawnbrokers and second-hand dealers (e.g. cash for gold and scrap-metal operators) so as to stop the sale of stolen property.

I advise that we are expanding by two the number of magistrate courts dealing exclusively with drug and gun crimes. This will bring to four the number of courts dedicated to hearing matters of individuals charged with drug and gun crimes.

I announce this evening that for a period of 30 days following the introduction of the amendments to the Firearms Act on Wednesday 5 October 2011 all citizens and other persons are requested to turn in to the Police any and all unlicensed firearms in their possession.

After the 4th November anyone convicted of unlawful possession of a firearm or ammunition will, upon conviction, be imprisoned for a minimum of four years. I highlight the fact that the power of magistrates to impose sentences is being increased from five to seven years and that conviction on drug and gun related offences may attract the maximum sentence of seven years.

I also advise that the penalty for the possession and sales of drugs discovered within one mile of a school will be six years.

Fellow Bahamians:

The supply and use of illegal drugs have exacted a terrible toll on our communities. Drug traffickers, foreign and Bahamians, years ago determined that the supply of their illicit goods to Bahamian facilitators would win them both business partners and faithful customers. The demand for drugs has grown exponentially in The Bahamas over the past three decades. And, while well-intentioned, our anti-abuse and demand reduction drug initiatives have not been as continuous or sustained as they might have been.

A creeping culture of lawlessness has led to a tolerance of petty crimes, small-theft and the defrauding of Government and others which sometimes opens the doorway to tolerance of even more serious crime.

Adding fuel to the fire is the length of time it takes to bring some offenders to trial and or the relative ease with which bail is available to hardened criminals and known repeat offenders who have contributed significantly to the present wave of crime.

Fellow Bahamians:

In the fight against crime my Government has taken immediate action and continues to pursue medium- and longer-term measures to bolster our anti-crime campaign.

We have:

· Increased the ranks of the Police Force by 200 officers;

· invested in new equipment, technology and crime-fighting tools for the Police Force;

· enhanced the facilities of the courts, a process nearing completion;

· filled all judicial vacancies to ensure a full complement of Justices and magistrates in the judicial system;

· implemented the electronic monitoring (ankle bracelets) of accused and convicted persons released on bail; and

· introduced, and will soon expand, CCTV monitoring in various high-crime areas of New Providence.

The police are particularly pleased with plans to expand CCTV coverage because of the threefold benefits of the presence of the cameras in high crime areas, i.e. crime prevention, crime detection and evidence production. It is important to recognize that CCTV footage is admissible evidence in court.

With a view to strengthening the Police Force’s anti-crime fighting arsenal even further, we have reviewed measures effectively used in other jurisdictions to strengthen policing. We are poised to introduce a number of those measures determined to be most appropriate to our needs.

In this vein, in February of this year we paid for two highly-equipped mobile command centres for the Police Force. Made to order, the first of the mobile police units is ready for delivery. The second one will follow. Training in the use of this strategic asset commenced today.

These specialty mobile police stations are an essential addition to our crime fighting arsenal. Basic features of the units include video recording capabilities, flat screen monitors for viewing; specialized recording equipment, and high-tech police lighting/siren/public address system.

These units can be dispatched to any location in New Providence to serve as a mobile police station in support of anti-crime measures including during special operations. They will be used in high crime areas in support of community policing and during situations requiring high-visibility police presence.

They will provide easy access to the police for residents and crime witnesses to give statements or other information at the scene of an incident.

The specialized lighting and built in generator allow the mobile police station to run for long periods of time on-scene.

We propose, over the coming months to institute especially targeted training programmes to enhance the investigatory skills of the Police Force. While such training is ongoing and typically takes place overseas, what is now proposed is to mount the courses locally with the assistance of specialist consultants.

Fellow Bahamians:

We know that the grant of bail to fewer repeat offenders will help to reduce the number of murders, armed robberies, rapes, house-breaking and stealing, and the rate of crime.

Indeed, many witnesses to crime are afraid to come forward for fear that their identity will become known to the accused. The intimidation of witnesses is negatively impacting some prosecutions. So as to address this problem legislation will be put in place to authorise the non-disclosure of a witness’s identity in specific circumstances and under certain strict conditions.

I note that Parliament is unable to prevent the Supreme Court from granting bail. Parliament may do so in respect of Magistrates Courts, and Parliament will be moved to do so.

Parliament can and Parliament will be moved in the coming days to require, by statute, that a Judge, prior to the grant of bail to a defendant in murder, armed robbery, and rape cases, be satisfied that the accused:

(i) has not been tried within 3 years;

(ii) is not likely to be tried within a 3 year period; and

(iii) whether there are substantial grounds for believing that the defendant, if released on bail would fail to surrender to custody or appear at his trial; commit an offence while on bail, or interfere with witnesses or otherwise obstruct the cause of justice, whether in relation to himself or any other person; or

(iv) having been released on bail previously, is subsequently charged with a similar offence.

(v) And, the Court is required to take into account the antecedents and character of the defendant.

Where a Judge is so satisfied and grants bail, the reasons for doing so must be put in writing. And, the Attorney General may appeal such a decision, and if he does so, the accused is not to be released on bail until the appeal is heard and determined by the Court of Appeal.

Fellow Bahamians:

The last time the death penalty was carried out in The Bahamas was in January 2000, some 11 years ago. Up to that time, the Privy Council said we were constitutionally and legally permitted to execute convicted murderers.

Some six years later, in 2006, the Privy Council said it was not constitutional to have a mandatory single penalty of execution for murder. As a result, we have been unable to administer that punishment since our return to office in 2007.

On my watch as head of Government five individuals were executed.

In response to the ruling of our highest court, amendments will be made to our law. The amendment will retain the death penalty as a punishment and will add an alternative penalty of life imprisonment. Where life imprisonment is imposed as an alternative to a death penalty the sentence will be for the remainder of a convicted individual’s natural life.

For persons convicted of murder who are not sentenced to death, the alternative penalty of life imprisonment will be imposed where the victim is a witness or a party in an action (civil or criminal), where a member of a jury or past jury in a criminal case is murdered, where the offence is in relation to the murder of more than one person, or where the convict had been previously convicted of murder and when the murder was committed on the direction of another. The sentence of death would also apply where the victims is a member of the Police Force, Defence Force, Customs, Immigration and the Prison Services, members of the Judiciary, or where the murder occurred in the commission of a robbery, rape, kidnapping or an act of terrorism.

In other murder cases where a death sentence is not applicable, the penalty will be a term of imprisonment of between 30 and 60 years. I note that such sentences are not applicable to convicts who are 18 years or younger at the time of their conviction.

My Fellow Bahamians:

As you may be aware the Government has for some time been engaged in the process of improving the facilities of the Supreme Court and the Magistrates Court.

It is expected that by the 1st January, 2012 we will have at least five courts instead of four courts in which criminal trial will be conducted on a daily basis in New Providence. This is in addition to a court in Grand Bahama in which criminal trials are conducted year round.

I have been advised by the Chairman of the Judicial and Legal Services Commission that the services of an experienced judge has been secured to serve as a new and additional Justice of the Supreme Court beginning on 1st January, 2012.

The Supreme Court, in addition to dealing with outstanding matters, has assigned a court to deal with current matters to ensure that these matters do not become outstanding matters. With the new Supreme Court in New Providence, it is hoped that at least two courts will be assigned to deal with current matters.

The Magistrates Court complex on Nassau Street is nearing completion. This complex will permit all Magistrates Courts to be located in one complex with their own holding cells for prisoners. We expect that this will eliminate many of the delays in starting and completing trials previously experienced when the courts were located in a number of locations and prisoners had to be transported from the Central Police Station to the courts at different locations.

A new Magistrates court for Remand Hearings is now ready. Amendments will be offered to provide for hearings relating to persons held on remand to be conducted electronically via live video feeds. This will obviate the need for large numbers of persons held on remand to be transported to appear before a magistrate downtown or on Nassau Street.

Social Intervention

Fellow Bahamians:

There is no denying the role played by young males in the crime scourge of our nation. These males are predominantly from the urban areas of the country, most particularly Nassau and to a lesser degree, Freeport. We cannot bury our heads in the sand about this reality.

To address this reality, the Government will make $1 million available immediately to initiate programmes within urban areas of Nassau and Freeport. These programmes will be developed and executed in conjunction with social partners such as the church, civic groups and sporting groups. The funds for these new initiatives are in addition to the resources that are already budgeted for various urban renewal and youth development programmes in Nassau and Freeport.

The Ministry of Labour and Social Development will spearhead this effort together with the Ministry of Youth Sports and Culture. We expect these programmes to be up and running by as early as December of this year.

A Call to National Volunteerism

Fellow Bahamians:

I must speak clearly on this. With its best efforts, the Government alone will not be able to fully address this scourge of crime. We need as many of you who care about our nation to enlist in this fight.

I am therefore calling you to a new era of national volunteerism.

We will launch on November 1, 2011, a National Volunteers Register. This register will enable you to sign up to be available to volunteer your time for mentoring our young men and women; assisting in community centres with afterschool programmes; outreaches to urban neighbourhoods to encourage parental and child involvement in school activities; to work with existing youth organizations in their programmes; and a host of social activities that can positively impact upon our society.

You will be able to register online or at various designated government offices. Our aim is to enlist hundreds if not thousands of volunteers. This effort will also be spearheaded by the Ministry of Youth, Sport and Culture together with the Ministry of Labour and Social Development.

Fellow Bahamians:

One of the social dimensions to fighting crime is social intervention which can play an essential role in deterring crime, stopping first offenders from re-offending and rehabilitating some criminals.

Accordingly, my Government will continue to work with and strengthen partnerships with civil society generally. We will collaborate with churches, civic groups and the business community to fund and manage targeted social intervention programmes to confront anti-social and criminal behaviour among various groups.

In our shared fight against crime, there is an urgent need for more community service and mentoring and greater corporate citizenship and philanthropic efforts inclusive of helping to fund and sustain various youth and young adult programmes as well as crime prevention and offender rehabilitation programmes.

The four principal areas we are targeting are:

· Community service programmes in all public schools with an enhanced service-learning, ethics and character development component;

· Community and youth development programmes geared towards providing young people with positive and alternative life experiences and skills while discouraging anti-social behaviour; and

· Effective and creative alternative sentencing for juvenile offenders.

Towards this end, the Minister of Education has been charged with implementing a new and more comprehensive community service-learning programme for all Government schools. This is with a view to helping more young people develop a sense of belonging in our community and deeper sense of responsibility for its well-being while better respecting themselves and others.

The Ministers of Education, Labour and Social Development and Youth, Sports and Culture will collaborate on the development of a programme like the highly successful Outward Bound Programme which may help steer at-risk youth and first-offenders away from a life of crime.

Simultaneously, these Ministries and Departments will collaborate toward improving the programmes available for youths at the Simpson Penn and Willamae Pratt facilities with a view to improving the results being achieved in preparing these young people for reintegration into the community with skills to pursue productive lives.

Conclusion: Building a More Peaceful Culture & Restoring Community

My Fellow Bahamians:

I have addressed you on numerous occasions. Yet, tonight is one of the more distressing national addresses I have had the solemn duty of giving.

It is distressing not mostly because of the murder count and high incidence of violent crime as painful as are these numbers. It is what those numbers represent that is heart-breaking. For all of our good fortune as a country, we have in significant ways lost a sense of ourselves and of what is essential. One writer reminds us that “what is essential is invisible to the eye.”

While the bonds and threads of community may be invisible to the eye, their absence or presence is plain for all to see. We know that peace is not merely the absence of violence. Instead, we know that it is a sign of community and mutual respect.

So, we long for something more than the outer trappings of material success. We long for something more, like community and fellowship. We long for something more, like peace and well-being.

Remember when the old people used to tell us that all you have is your good name and your reputation and that you don’t leave this Earth with any of your worldly goods.

Our most precious possessions are invisible to the eye like a good conscience or the service we give with no expectation of recognition or reward.

This crisis of culture and community manifested in an unprecedented level of criminality requires us to deal with essentials invisible to the eye like values, attitudes, social trust and mutual respect.

We will get the crime numbers down. But most crimes are symptoms, not root causes.

Even as we relentlessly combat the criminals, provide law enforcement and the judiciary with the tools and resources they require and modernize our laws, there is something else as urgent, as essential -it is urgent and essential that we renew, restore and replenish our sense of community choosing a culture of life over a culture given over to deadly violence.

From where shall we draw inspiration? Where do I find hope?

We find inspiration and hope in the young man who turned from the business of crime to running a small landscaping business. Early one morning his mother heard tapping on the window. She thought it was her son’s former criminal associates, only to find out that they were his work crew headed out on a contract from the Ministry for the Environment to help beautify New Providence.

We draw inspiration from the work of groups like the Peace and Justice Institute of the Bahamas Conference of the Methodist Church, which along with other denominations are organizing faith-based alternative sentencing programmes for juvenile offenders.

We find hope in the many service clubs, civic groups and thousands of public and private school students who render community service to their fellow-citizens including some of the least-fortunate among us.

And we draw courage and determination from that anthem of hope and inspiration, “Get Involved” by the late Tyrone Fitzgerald, “Dr. Off”.

Fellow Bahamians:

Poverty is not an excuse for crime. I too grew up poor.

A two-parent family is our ideal. I am the child of a single parent and I was raised by my Grandmother.

Many children from two-parent families get caught up in crime while many children from single-parent households are good citizens and fine young people.

In the end, it is the quality of parenting, not the quantity that is essential.

I grew up in what was then a remote part of Abaco called Cooper’s Town. I came up at a time when there were few opportunities for a poor boy like me born to a single parent. The first time I met my father was when I was 11years old.

Even though I didn’t possess material wealth, I had wealth more everlasting: Mama, who instilled in me a sense of my own worth as belonging to her and as a child of God.

She schooled me in the knowledge that the land of my birth, The Bahamas we all love, is a land of opportunity for anyone willing to work hard.

As a boy, never in my wildest dreams could I ever imagine becoming an attorney, Member of Parliament or minister of government let alone prime minister. But having been given this great privilege I have dedicated my public life to providing every Bahamian boy and girl with opportunities I never had.

This is why I have never stopped working to make sure that every Bahamian child on every island in every settlement in The Bahamas has decent schools and access to higher education. This is why my Government ensures that everyone meeting a certain criteria and academic standards can attend the College of The Bahamas at public expense. And that is why since coming to office in 2007 we increased scholarship funding from $400.000 to $7.75 million. And this does not include bonded scholarships, the All Bahamas Merit Scholarship or Bahamas Commonwealth Scholarships.

I say to you, young Bahamians: While your country may give you a hand-up, you are not entitled to hand-outs.

So, even while we have much to improve as a country including the quality of our public education system, young Bahamians, men and women, you have more opportunities than any generation in Bahamian history.

And so we must not throw up our hands or find easy excuses; instead let us unite to help to restore law and order and civility and community by getting involved. In the words of Dr. Off, we can get involved. Indeed for the sake of our children and ourselves, we must get involved in:

Making sure our children finish their homework;

Mentoring and tutoring students who need a caring adult;

Assisting the police in identifying criminals;

Community service programmes for at-risk and other youth;

Crime and neighbourhood watch programmes.

Unless more of us get involved, none of us are truly safe. In the end, community engagement and service will be more effective in combating crime than iron bars and gated communities.

Our task is not only to stop criminals from breaking into our homes and businesses. As urgently we must stop them from wanting to do so in the first place.

And, we will do both.

My Fellow Bahamians:

I close tonight by invoking the guidance and protection of Almighty God on our country. We are a blessed people, a people of hope and resilience, faith and fortitude.

In the spirit of Psalm 121, just as another people did at another time of lamentation we pray:

“I will lift up mine eyes unto the hills, from whence cometh my help. My help cometh from the Lord, which made heaven and earth.”

With God’s guidance, unity of purpose and unyielding resolve we will ensure greater law and order, we will ensure greater peace in our Bahamaland.

I thank you for listening. Good Night.

Caribbean Blog International

Monday, October 3, 2011

There are many who want a sex offenders' list to be compiled and published... This is a small island, a small community -- at worst a homophobic society in which no sex offender, even the reformed ones, could survive


Sex Crime Bahamas


Sex offenders' list not the answer

tribune242 editorial



"WHY DIDN'T God save him?"

This is the unanswerable question that the sixth graders of Columbus Primary School want answered.   Their class teacher did her best, but as the children looked at the empty desk and chair, opened their classmate's text book to his first writing assignment that started with the words: "My name is Marco Archer. I am 11 years old..." there were no answers.

Eleven-year-old Marco Archer was dead -- murdered and believed sexually assaulted.   The schoolboy had disappeared from his Brougham Street home on Friday, September 23.   His lifeless body was discovered four days later by police under a suitcase behind an apartment complex on Yorkshire Street, Cable Beach.

There are no answers to the question: Why? And when a finite mind tries to grapple with the mysteries of the infinite, only an excruciating headache results. And so we satisfy ourselves with the answer that "God moves in mysterious ways... He is his own interpreter, and He will make it plain." It is now up to all of us to find out how we can assist those "mysterious ways" to eventually end with positive results.

It is society's duty to make certain that little Marco Archer did not die in vain.

For this, decisions have to be made by those with a level head, not those carried away by the angry emotions of the moment.

There are many who want a sex offenders' list to be compiled and published. This is a small island, a small community -- at worst a homophobic society in which no sex offender, even the reformed ones, could survive. No community would accept them. No employer would hire them. They would be open prey for vigilante justice. If we are now horrified by 104 murders, we would lose count if a sex offenders' list were published. There is also the danger - with the hysteria now being unleashed - that mere suspicion and gossip could target the innocent. The police know who the offenders are. We have to leave that knowledge with them to make certain that these people are carefully monitored.

No, as a society we have to make intelligent decisions. We cannot rush into something that could make our present situation even worse.

Sexual offenders should be put in the care of a psychiatrist as soon as the prison doors close behind them. Assessment and treatment should start immediately and continue until it is time for their discharge. A police officer suggested that whatever time they might have earned for good behaviour to warrant an early release should be assigned as a probationary period when treatment for their condition would continue.

At present, the maximum sentence for a first offence -- no matter how gruesome -- is seven years, followed by 12 years for a second, and life for a third.

We do not think that a sexual offender should be allowed to offend three times before he can face life imprisonment. Depending on the enormity of the crime, life imprisonment should be possible with the first offence. The judges should be able to grade the seriousness of the crime and hand down a sentence that would fit that crime. No judge should be put in the position of having to admit that the crime warranted more than seven years, but by law no more could be given.

While these offenders are in prison, they should be assessed by a panel to determine whether they can be safely returned to society. Those with psychotic problems, who are obviously dangerous, should be held for life. Even in prison special consideration will have to be given as to how they can be segregated from the rest of the prison community.

Persons applying for a teaching position, or any post that involves children should be carefully screened. No one with a questionable sexual history should be employed. Many restrictions can be put in place to safeguard our children, but they have to be fairly administered.

* * * *

For the first time in almost a year, Sgt Skipping, Public Affairs and Communications Officer, sent the press a most welcome release. For Sunday's crime report she wrote: "The night was quiet; there are no matters to report."

However, she did add her usual crime tip. This time for joggers. Said Sgt Skipping: "Jogging/walking is a great form of exercise; however, a frequent error that joggers/runners make is that they become so preoccupied in their activity that they fail to be on the alert and pay attention to their surroundings. As you enjoy your exercise, remember to always be on the alert, paying attention to suspicious people, vehicle and activities."

We hope that our community can enjoy many more quiet nights -- and that Sgt Skippings will be able to send us many more "no matters to report" memos.

October 03, 2011

tribune242 editorial

Sunday, October 2, 2011

...critics of a proposed sex offenders list said creating a public register would alienate convicts who have completed their prison terms, make it harder for them to reintegrate into society and make them targets for persecution

Sex offenders register 'would protect public'



CALLS for authorities to create a sex offenders register continued a day after 11-year-old Marco Archer was found dead.

Supporters of such a list feel it would protect the public from attacks by alerting them when a sexual offender is released from prison or when they move into a neighbourhood.

However critics of the proposal said creating a public register would alienate convicts who have completed their prison terms, make it harder for them to reintegrate into society and make them targets for persecution.

Her Majesty's Prison Superintendent Dr Elliston Rahming said such a policy would be like placing additional prison time on inmates who have already served their allotted sentences.

"I hear this talk about developing some register - that is easy in a big place like the United States but if a register is developed in Nassau then the court sentence effectively becomes a life sentence.

"It means I could never hope to get a job or life again even if I have changed," said Prison Superintendent Elliston Rahming yesterday.

The minister responsible for Social Services, Loretta Butler-Turner, said she began groundwork for a sex offenders register in the beginning of her term but shelved the idea.

"When I first became a minister I felt very strongly about the implementation of a sexual offenders register."

She said she understands the outcry but added that the idea must not be seen as a "panacea" for preventing sex crimes.

"But I think many countries are finding that once you identify these people (as sexual offenders) many times they are rejected everywhere they go, so what do you do?

"I think we have to weigh the pros and cons before we drive this as a panacea."
Crime activist Rodney Moncur said he supports a sex offenders register for convicted paedophiles.

He said: "I'm more particularly interested in a sex register in cases of children who are victims.

"Children are vulnerable, are innocent - children can't give consent."

Police discovered Marco's partially decomposed body Wednesday morning in bushes in western New Providence.

A well-place source in the RBPF said the boy's body showed signs of sexual assault.

Marco disappeared from his in Brougham Street last Friday afternoon.

His mother said he left home to buy candy from a nearby gas station and never returned.

Three men are assisting police in their investigations.

September 30, 2011

tribune242

Friday, September 30, 2011

Former senior officers of the Royal Bahamas Police Force (RBPF) - Messrs Paul Thompson and Errington “Bumpy” Watkins blamed the government or the judiciary for the country’s overwhelming crime problems

Former policemen blame govt, judiciary for crime problem

By Chester Robards
Guardian Staff Reporter
chester@nasguard.com

Two former police officers who retired as top brass policemen have separately blamed the government or the judiciary for the country’s overwhelming crime problems.

Paul Thompson, who retired from the Royal Bahamas Police Force (RBPF) as an assistant commissioner of police, insisted that the long delays in The Bahamas’ court system are to blame for the delays in justice and therefore crime on the streets.

He said that during his time on the force the court system handled criminals much differently than it does today.

“If you were a hardened criminal and the magistrate knew you have convictions previously for the crime you are charged with, you weren’t getting bail,” Thompson said.

“The problem with the court is the long delays with cases taking three to four years to reach court.

“You are going to have a problem with witnesses remembering things, you are going to have problems finding the witnesses — they may have relocated — then you have given the accused people the opportunity to approach those witnesses over that period of time and there could be threats, intimidation and that kind of thing.”

Former police deputy superintendent and politician, Errington “Bumpy” Watkins, insisted that the government is to be blamed for the level of crime in the country. He lamented, however, that the police force is continuously blamed for crime.

“The crime, mind you, is due to the politicians,” he said.

“The poor policemen carry the blame. Police don’t get the appreciation they deserve from the public and this is a fact.

“While you guys are sleeping and enjoying yourselves at night we are out there with the criminals being shot at and being stoned and what not.”

Minister of National Security Tommy Turnquest recently suggested that some judges have contributed to the crime problem because they are too lenient in the granting of bail

The government is the constant target of political criticisms for the increasing crime problem.

Thompson insisted that during his time as a part of the RBPF, officers were faced with crimes involving knives, razors, shotguns and eventually sawed-off shotguns.

However, he said the criminal element has upped the level of violence with the consistent use of guns.

“Today it’s very violent,” he said.

“We didn’t have the technology they do today, but the men of (my) era had the courage, the integrity and the follow up. They never stopped looking and we benefitted a lot for the courts at that time.”

Sep 30, 2011

thenassauguardian

Thursday, September 29, 2011

Mr. Arthur Dion Hanna Jr has overstated his case against National Security Minister Tommy Turnquest for his remarks "criticising and vilifying the judiciary"

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

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


Crime in The Bahamas


The prime minister’s national crime address


thenassauguardian editorial




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


thenassauguardian editorial

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


Privy Council Bahamas

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