Sunday, April 18, 2010

Government urged to tread carefully on bail change

Govt urged to tread carefully on bail change
By Candia Dames ~ Guardian News Editor ~ candia@nasguard.com:



In crafting its amendment to the Bail Act the government must be careful that it does not legislate anything that would violate the constitutional rights of any citizens, according to prominent attorney Damian Gomez.

Another noted attorney, Wayne Munroe, said in an interview with The Nassau Guardian yesterday that any law that is found to be unconstitutional would have no impact.

"The Supreme Court will strike down any law that would violate somebody's constitutional right," Munroe said.

Gomez and Munroe, who spoke to The Guardian separately, were reacting to the government's declaration in the Speech from the Throne that it will bring an amendment to Parliament which would further restrict the right to bail for persons charged with serious crimes, and to limit the circumstances under which bail may be granted.

Munroe noted that currently bail is granted in three instances: When a suspect has been on remand for an unreasonable period of time; when a judge determines the evidence against that suspect is not strong and when a determination is made that prison conditions are such that a medical condition might result in a person's death in prison.

Under the Bahamian constitution, if any person is charged with a criminal offense, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.

Gomez believes that it is often the fault of the Office of the Attorney General that many cases are delayed.

"The real question is why is it taking us so long to provide the attorney general's office with the resources to ensure that it carries out its lawful mandate," he said. "If it isn't a question of resources, what is happening in that office that causes delays which inflict incarceration of persons who have in fact not been convicted? We are hopeful that the government in its efforts to curtail the conditions under which bail is granted does not impede on the constitutional rights of accused persons and does not ignore the responsibility of the government to ensure our attorney general's office [has the necessary resources] and is efficient in the delivery of the services the public expects it to deliver.

"Until we resolve those problems associated with efficiency and with levels of resources we are going to be confronted with situations in which the public becomes alarmed, anxious and fearful that the law is not in fact being carried out and that persons are able to commit crimes and to do so with impunity. We are hopeful that the resources will be provided to the attorney general's office and I will be surprised if any legislative measure can be used as a substitute for the resources for that department. Until that department is properly resourced we will have the specter of long delays which result in bail being granted."

Gomez added, "We can only at this stage reiterate the warning that we are a constitutional democracy and the provisions of Article 20 of the constitution apply to criminal proceedings and civil proceedings, and the rights of accused persons are constitutionally protected rights."

Meanwhile, Munroe questioned whether the government's motives are pure as it regards its plan to introduce an amendment to the Bail Act.

"I think it's done for a cheap political gain and if that's how they tend to deal with the liberty of the subject then it's for the subject to determine whether that's reasonable," he said.

The government noted in the Speech from the Throne that a number of people who commit crimes do so while on bail pending trial for other offenses.


April 16 2010

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Saturday, April 17, 2010

Attorney General John Delaney says bail changes necessary

AG says bail changes necessary
By Krystel Rolle ~ Guardian Staff Reporter ~ krystel@nasguard.com:



An amendment to the Bail Act that would further restrict the right to bail for people charged with serious crimes and limit the circumstances under which bail may be granted is "extremely important", according to Attorney General John Delaney.

He acknowledged that a growing number of people on bail are allegedly committing other crimes.

But Delaney yesterday declined to provide any bail figures. At last count in 2009, the number of murder suspects on bail was more than 100, according to Minister of National Security Tommy Turnquest.

Delaney said, "As far as the AG's office is concerned, we are a part of the criminal justice system. We're only one part, but we consider the prosecution part to be a very important part. And we want to ensure, having regard to the needs of the Bahamian people, and their concern about the fact that after persons are charged — albeit they're innocent until proven guilty and albeit there is a need for trials to be tried within a reasonable period of time — that with the fact that there appears to be a number of persons that are already charged that are being released on bail and they are alleged to having committed other offenses and therefore being charged again.

"So the important thing is the government must respond to that."

The government's statement that it intends to amend the Bail Act drew applause as it was read on Wednesday morning.

Delaney pointed out that while the government will bring the legislation, that is as far as it can go.

"As far as the granting of bail is concerned, that's not something within the prosecution's [power]," said Delaney. "That's something for the judiciary — the judges. They would fairly exercise their discretion and make decisions. Now the question is how should the legislature represent the people. Should they look at the circumstances under which bail is granted and narrow that to be responsive to the pressing concerns of the Bahamian people while of course ensuring that substantial fairness is done with respect to the rights of the individual?"

The government also intends to introduce legislation to enact a new modern Penal Code and a new updated Criminal Procedure Code, repeal and replace the existing Magistrates Court Act and introduce a new Coroners Act.

In addition, the government intends to amend the Legal Profession Act to facilitate more expeditious disciplining of errant attorneys.

Delaney said all of the changes are necessary.

"With respect to the Magistrates Act, believe it or not, most of our cases are resolved at that first tier of the justice system," he said. "Then the second busiest tier is the Supreme Court and then you have the Court of Appeal, which is far less, then the Privy Council which is less still. So when we concentrate on the magistrate's court we are concentrating on the level that impacts the great majority of cases that our system generates."

He admitted that as it stands now, the magistrate's court is "not the most efficient system".

"We're looking at it to make sure the system is more efficient. So that's our burden, to try and improve things," the attorney general said.

As it relates to the Penal Code, Delaney said some of the offenses are "trapped in the last century."

Overall, Delaney said while the government's legislative agenda is very aggressive, the attorney general's office is satisfied with the upcoming changes.

"Our office will be extremely busy but we're very excited about it," he said. "And we're looking forward to getting these bills to Parliament."

April 16 2010


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Friday, April 16, 2010

Government outlines ambitious Plan in throne speech

By Candia Dames ~ Guardian News Editor ~ candia@nasguard.com:



The government yesterday outlined an ambitious legislative agenda in the Speech from the Throne, which highlighted more than 30 measures it intends to have passed.

A few of the proposed pieces of legislation were contained in the 2007 speech, but a notable item — the controversial marital rape bill — is not listed for resurrection. And despite what some expected, there was no mention of any legislation to provide for the legalization of gambling for Bahamians.

The government's statement that it intends to amend the Bail Act drew applause as it was read by Sir Arthur Foulkes, the country's newest governor general who was sworn in about an hour earlier at Government House.

The statement came amid ongoing public concern about violent crime in the society and calls for the government to act to address the scourge.

"Many provisions in the Penal Code and in the Criminal Procedure Code are relics from a bygone period," the speech says.

"My government will therefore place before you legislation to enact a new modern Penal Code and a new updated Criminal Procedure Code."

The speech continues, "A number of persons who commit crimes, do so whilst on bail pending trial for other offenses. An amendment to the Bail Act will be placed before you to further restrict the right to bail for persons charged with serious crimes, and to limit the circumstances under which bail may be granted."

It was also announced that legislation will be brought to repeal and replace the existing Magistrates Court Act. The government will introduce a new Coroners Act, and legislation to repeal and replace the 1943 Prison Act.

In addition, the government intends to amend the Legal Profession Act to facilitate more expeditious disciplining of errant attorneys.

Saying that it has a long-standing commitment to good, effective and open governance, the government foreshadowed a Freedom of Information Bill "meant to enhance transparency and accountability and to provide the Bahamian people and the media with greater access to government decision-making". Prime Minister Hubert Ingraham has previously said he has no specific timeline for introducing this measure, other than he intends to have it passed before the end of his five-year term in office.

The government also announced in its speech yesterday that it will continue public sector reform and will place before Parliament a new Public Service Act.

Another notable measure included in the Speech from the Throne is a proposed bill to amend the Parliamentary Elections Act. The need for amendments to this piece of legislation was highlighted after the recent Elizabeth Election Court ruling exposed failures in the parliamentary registration system — as did the two rulings handed down in the Pinewood and Marco City challenges brought after the 2007 general election.

In the seven-page speech, the government outlined proposed legislation to protect the environment.

"To further bolster our environmental defenses and combat the dire effects of climate change, legislation will be placed before you to make enforcement of various international obligations and domestic laws more vigorous and effective," the speech says.

The government promised legislation to impose levies on the disposal of carbon-polluting items such as motor vehicles, tires, appliances and other items. It also proposes to amend the Bahamas National Trust Act, and has promised a Forestry Act and an Animal Control and Protection Act.

As it did in the 2007 speech, the government has committed to introducing a bill to protect the rights of persons with disabilities.

Other measures are also being proposed. Some of them are proposed legislation for a new Securities Act, a Small and Medium Size Business Development Act, a Medical Act and a Contractors Act.

The House of Assembly has been adjourned to next week Wednesday. Among other matters, there will be a resolution to thank the governor general for reading the Speech from the Throne.


April 15, 2010

thenassauguardian

Thursday, April 15, 2010

James Smith: Ex- finance minister warns Government about allowing Bahamians to gamble in foreign-owned casinos

Ex-minister warns over gambling
By NEIL HARTNELL
Tribune Business Editor:



A former finance minister yesterday cautioned the Government about allowing Bahamians to gamble in foreign-owned casinos, warning that it could lead to increased foreign currency outflows and actually reduce net revenues collected as taxes by the Government.

While the Ingraham administration's plans to reform this nation's gaming regulations are currently not thought to include Bahamians being allowed to gamble in the casinos at Atlantis and Cable Beach, the ex-finance minister in the former PLP administration, James Smith, said the implications of any such decision needed to be considered carefully because they were likely to negatively impact the nation's foreign exchange reserves.

Mr Smith explained that under the current system, with only foreigners allowed to gamble in Bahamas-based casinos, the Government gained its revenues in foreign currency, while the foreign reserves benefited whenever the Central Bank purchased US dollar proceeds from gaming activity from the commercial banks during the course of its daily operations.

But if Bahamians were allowed to gamble in the foreign-owned casinos, their Bahamian dollars would need to be converted into foreign currency whenever their owners wanted to repatriate profits/revenues outside this nation.

Such conversion, Mr Smith said, would cause a drain on foreign currency reserves that might not be offset by gambling by the foreign patrons of Bahamian casinos, leading to a net outflow of foreign exchange. "The earnings from the casinos are always foreign exchange," Mr Smith told Tribune Business, "so we are not only assured of revenues to the Treasury, but revenues for the foreign reserves when the Central Bank buys from the banks."

If Bahamians were allowed to gamble in casinos, their gaming losses would need to be "offset against foreign currency earnings".

"Therefore, in assessing this, you have to marry it with these other concerns, and look at the foreign currency impact and whether it contributes to the growth of GDP, or the reverse," Mr Smith said.

"You have to buy foreign currency to go out, and who mitigates losses by the locals, which would otherwise be capital inflows. You could end up with a zero contribution, or a negative one."

Explaining that the Government could end up with less revenue than anticipated, as well as increased foreign currency outflows, if it made such a decision, Mr Smith described this as the "unexpected returns" and "unintended effects" if Bahamians were allowed to gamble in the foreign-owned casinos.

And with many US states altering their lotteries because they were not obtaining the returns anticipated, Mr Smith added: "Gambling does not create added value; it merely creates the transfer of wealth from one group to another."

With Bahamians seemingly having "a high propensity to gamble", Mr Smith also warned that legalising the sector and permitting casino gambling for locals could also result in a loss of import and customs duties.

"We might end up getting less revenue because consumption has gone down, and the gaming industry does not require imports, because its equipment is already here," he added."

April 14, 2010

tribune242

Wednesday, April 14, 2010

Bahamians express mixed views about legalized gambling

By Jimenita Swain ~ Guardian Senior Reporter ~ jimenita@nasguard.com:


A Nassau Guardian team walked the streets yesterday and asked a number of Bahamians whether gambling should be legalized.

The question comes on the heels of comments yesterday by Prime Minister Hubert Ingraham that he has already consulted several groups on the matter, including the Free National Movement's Central Council and members of his parliamentary team. He further noted that he informed Opposition Leader Perry Christie and Bain and Grants Town Member of Parliament Dr. Bernard Nottage that the government is considering the matter.

Many Bahamians expressed mixed views yesterday to The Nassau Guardian on the issue.

"The Bible speaks against gambling and I don't think we should do it," said street vendor Lynn Barr.

The 47-year-old said, "We call our nation a Christian nation, so we [have] to live up to that standard. [We've] got to trust God for all things."

"I applied on behalf of the Olympic Association for the legalization of a lottery for the purpose of helping sports and other social things," said Sir Arlington Butler, immediate past president of the Bahamas Olympic Association.

That application he explained was many years ago.

" There was some concern about the Christian Council, but I canvassed the Christian Council and I didn't find the concern the government was expressing. And they have for years been putting the Christian Council as the bogey man, but I think it was because of a lack of imagination, a lack of concern. I know that some of the churches really believe that there ought not to be gambling. I know the Methodists have been on record as saying so and there are some others."

He added that the former Archbishop of the West Indies and Bishop of The Bahamas Drexel Gomez was also against gambling.

"When you measure all of the arguments against it and those for it, I believe there is a definite possibility that it should be allowed for the benefit of the Bahamian people," he said.

Sir Arlington said in 1972 the Olympic Association raffled a house for $5 a ticket and the association has never been in the red since.

He said the legislation of gambling is long overdue.

"The unfortunate point is that we encourage it to be illegal. We encourage corruption. We encourage the development of an individual or individuals and not the development of the society. I don't know if any major things went wrong in Florida, because they had [a] lottery."

Symphony Sands, a beauty consultant said, "Honestly whether gambling is legal or illegal it doesn't matter because everyone is doing it anyway. You see police officers talking about numbers, what fall today, what [didn't] fall today, so they might as well make it legal so no one goes to jail for it [because] they're doing it anyway."

Chief of Security for Solomon Mines Carson Hepburn said, "I think gambling should be legalized. If you really look at it right now, as it is today, gambling in this country, the police knows every gambling house in this country. They know everybody is gambling, but they know it is not legal also, but [there's] nothing they can do about it. I don't see why it shouldn't be legal."

Straw market vendor Margaret Curry said, "I think gambling should not be legalized. It's a bad habit and once you fall into that habit it's an endless tunnel where you get into (it) and you never return. You get poor, broke, desperate and your children eat nothing. Gambling is a disease. Gambling is a demonic curse."

Curry compared gambling to a person who has an alcohol addition.

Fifty-one-year-old Larry Austin, another vendor in the straw market, said he also did not think gambling should be legalized.

"I don't think its a good thing. If you look at the Bible... they [gambled] for Jesus' robe and I don't think that was nice. Gambling keeps you in poverty, anybody who gambles ends up in poverty because you lose," said Austin.

He added, "You can never win once you gamble. Gambling is not a good thing because it is addictive."

Jewelry store clerk Nadia Bethel said, "I believe gambling should be legalized if the country is going to allow casinos to be here on the island. If we say we're a Christian nation and we don't want our Bahamians gambling then therefore we should not let any human beings gamble."

She added, "Visitors gamble because we have casinos legalized here in The Bahamas."

April 14, 2010

thenassauguardian

The Governing Free National Movement (FNM) MPs support legalized gambling

By Jasmin Bonimy ~ Guardian Staff Reporter ~ jasmin@nasguard.com:


There is widespread support within the Free National Movement's parliamentary group for the legalization of gambling for Bahamians, Prime Minister Hubert Ingraham confirmed yesterday, but he made it clear that no final decision has been made on the controversial issue as yet.

Speaking to reporters outside the Cabinet Office in downtown Nassau, Ingraham said he has already consulted several groups on the matter, including the Free National Movement's Central Council and members of his parliamentary team.

He added that he also informed Opposition Leader Perry Christie and Bain and Grants Town Member of Parliament Dr. Bernard Nottage that the government is considering the matter.

"I have also met with the Christian Council," he said. "I told them that we have not made a final decision but that the matter was being considered and that I would get back to them when we would have further discussed the matter and arrived on a conclusion. But generally speaking there has been great support among the parliamentary group and the council of the FNM for the regularization of the numbers business."

Additionally, Ingraham told reporters that legalizing gambling for Bahamians could generate substantial revenues for the government.

"The chickens aren't hatched yet. I'm not counting the chickens yet. But if the government did so we would expect to get significant revenue from the operation," Ingraham said.

In the past, the prime minister has said that legalizing gambling was not a part of his third term's legislative agenda - which began when his party won the 2007 general election. However, Ingraham also noted that he would not stand in the way of changing the country's gaming laws.

While a new legislative agenda will be announced when Parliament reopens today, it is unclear if the government plans to include legalizing gambling for Bahamians in the Speech from the Throne, which will be read by the new Governor General Sir Arthur Foulkes.

"The government has been considering the question, as to whether or not we will bring in the formal economy of The Bahamas an operation that tens of thousands of Bahamians are engaged in on a daily basis," said Ingraham.

"I've made previous public comments about this and I will refer to my distress and discomfort of our inability to be able to police our laws with respect to the numbers business."

Over the years the Bahamas Christian Council and the Bahamas Baptist Missionary and Educational Convention both have expressed strong opposition to gambling.

Despite its history of opposition to legalized gambling for Bahamians, Ingraham insisted that he is not placing special emphasis on the Christian Council's opinion on the matter.

"We're not placing weight on anyone," he said. "We are consulting and getting the views of others. We know the views of some. We know the views of others and we are not so certain about the views of some people. But at the end of the day it is our decision to make one way or the other."

The views of some of Ingraham's Cabinet ministers on the issue have also been made public since the FNM won the 2007 general election.

In 2008 National Security Minister Tommy Turnquest said that he thinks there should be a referendum to answer the gambling question once and for all.

In June 2009, Minister of Health Dr. Hubert Minnis went on record saying that he supported the legalization of the local "numbers business" — which is a form of lottery gambling. His comments were made at the time when debate had heated up over the legalization of gambling for Bahamians and legal residents, after the arrest of businessman Craig Flowers a month earlier. One of the shops that fall under Flowers' FML Group of Companies was raided by police and Flowers and some of his staff arrested. They were later charged in a magistrate's court with various gambling offenses. During the heated debate labor unions, employers' associations and business leaders also came out in support of the legalization of various forms of gambling for Bahamians and legal residents.

In May 2009 President of The Bahamas Hotel Association (BHA) Robert Sands told The Nassau Guardian that his organization supports a national lottery and amending the country's gaming laws to allow legal foreign residents to gamble in casinos. The BHA does not support legalizing casino gambling for Bahamians.

President of the National Congress of Trade Unions of The Bahamas (NCTUB) John Pinder also said the organization supports a national lottery.

Former president of the Bahamas Chamber of Commerce Dionisio D'Aguilar told The Nassau Guardian that there is a consensus among business people that a public lottery should be allowed.

April 14, 2010

thenassauguardian

Official Opposition Progressive Liberal Party (PLP) to consider position on gambling in The Bahamas for Bahamians

By Candia Dames~ Guardian News Editor ~ candia@nasguard.com:


Opposition Leader Perry Christie said yesterday the Progressive Liberal Party has not yet come to a position on whether gambling should be legalized in The Bahamas for Bahamians, but he said the issue is up for consideration now that it has been thrust back into the national spotlight.

"This is a vexing problem for the country because of the [number] of people we know certainly are involved in playing the games," he said. "A government faced with that reality must either do its best to advise the population that it will have strict enforcement or alternatively it has to consider some realities. Now the difficulty about gaming is that all governments up to now have sort of elected to avoid the calamitous social consequences and people who talk about having freedom, they say 'well you're interfering with our freedom', but governments knew from the experience of some other countries that it has a dire impact upon populations and people who are tempted to go for the big prize and spending even their children's lunch money. "

Prime Minister Hubert Ingraham told reporters yesterday that he had advised Christie that his government was considering legalizing gambling.

Christie said this was not a formal advisement, but took place during a social occasion.

"I raised the question as to whether it will be consideration for a referendum where the people will have an unfettered right to determine... but he said the consideration was being given to some kind of immediate amendment of the law," Christie said.

"Clearly, consultation with civil society and the church is necessary because it is an issue that could really divide the country into a bitter fight and it is important therefore that the government meets with the opposition, meets with the churches and other important groups in our society with a view to see if there is common ground."

Ingraham confirmed that he met recently with the Christian Council and indicated what the government was considering.

Asked whether the PLP would support legalizing gambling for Bahamians, Christie said, "The opposition has always up to this point treated gambling as it did with capital punishment where it's a vote of conscience... We have members who are church members in a meaningful way in our grouping in the PLP, who I know flatly will support the position of the church and there are others who will take a different point of view.

"And so, the opposition, based on the prime minister's casual conversation with me, has put it up for mention in our discussions but we have not had any deliberations beyond what is the position of some individuals within the group. And so, it's a matter for us to... stand and wait to see what is taking place."

April 14, 2010

thenassauguardian