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.
By Candia Dames
Nassau, Bahamas
7th January, 2005
Attorney General Alfred Sears confirmed on Thursday that police have recommended that Minister of Works and Utilities Bradley Roberts not be charged in relation to the rape claim made against him on December 5.
"On Tuesday I received a recommendation from the Commissioner of Police that based on their collection of evidence and their assessment of the evidence in all of the circumstances that Mr. Roberts should not be charged", the attorney general said.
He continued, "Upon receipt of the evidence and the recommendation from the commissioner of police [the director of public prosecutions and the deputy director of public prosecutions] are reviewing the evidence along with the recommendation of the commissioner. In due course they will make a recommendation to me whether the recommendation of the commissioner will be confirmed or otherwise".
Minister Sears, who spoke with reporters during an event at the College of The Bahamas, was also asked whether he could remain impartial in this matter.
He said, "As attorney general I have a constitutional obligation. The constitution guarantees me independence as attorney general and I begin with the very simple proposition that no person is above the law - and that guided by the technical experts in the Office of the Attorney General, we will review the evidence in a dispassionate manner and in light of all of the circumstances a decision will be made".
If no charge is brought against the Minister, the attorney of the alleged victim plans to file an affidavit, asking a magistrate to hear the case in any event.
But Wallace Rolle told the Bahama Journal on Thursday that he is prepared to wait a few days to allow officials in the AG's Office to carry out their review.
He said he was disappointed to learn of the attorney general's confirmation.
"Certainly that won't deter my client and that won't deter me", he said. "I still believe that if the professionals in the AG's Office who would have an opportunity to look at the file don't want to press charges, we still have the option of going by way of private prosecution".
Sources in government also indicated that the Prime Minister was doing "the best thing" by also taking a wait and see attitude - and would only be prepared to ask Minister Roberts to step down if he is charged in connection with the matter.
The public debate surrounding the matter, meanwhile, continued to swirl on Thursday.
In grocery stores, in the halls of workplaces (perhaps even around the water coolers), on the streets, and on radio Love 97's "Issues of The Day" with Jeff Lloyd, the talk remained on the allegation and whether the Minister should step down.
The views, as one would imagine, were varied with some callers suggesting that an allegation is not enough for the Minister to resign; and others insisting that his resignation would be in order.
Not surprisingly, it was the same view expressed by the Free National Movement in a new statement.
The Official Opposition, in a release separate from what had been issued on Wednesday by the FNM Action Group, said the Bahamian people will not be well served having a minister who is unable to give fully of his time and good judgment to the affairs of the state.
"If it should run its course we have no doubt that Mr. Roberts will receive a fair trial in our courts and his accuser a fair hearing", said the statement, which was sent by party chairman, Carl Bethel.
"Until the process is concluded, we make no judgment about his guilt or innocence and we urge the Bahamian people to do likewise".
He made it clear that it is not the party's belief that a Minister of Government should vacate his office because any frivolous allegation is made against him.
"However, in the present case the allegation against Mr. Roberts is by no means frivolous", the statement said. "Neither does it appear that it has been frivolously made".
He also said a "rotten" example is being set by authorities in this case.
"Whatever procedure you use for Jack, you must use for Jill", said Mr. Bethel, who was apparently unconvinced by the assurance given a day earlier by the police commissioner that the case in question was treated the way any similar matter is treated.
Speaking to the Bahama Journal on Thursday, Mr. Bethel, a former attorney general, said he was very surprised that the matter has been forwarded to the Attorney General's Office.
"The discretion to bring a prosecution has traditionally been given over to the commissioner of police for many, many years", he said. "So I'm surprised that the commissioner of police would have forwarded a file like this under these circumstances to the Attorney General's Office".
But Commissioner Farquharson has stressed that forwarding the file to the AG's Office was nothing unusual and he assured on Wednesday that there is only one standard of law in The Bahamas despite the perception that some people may have.
Bahamas Police Chief "Passes Buck"
Nassau, The Bahamas
6th January, 2005
Commissioner of Police Paul Farquharson was called upon three times during a press conference on Wednesday to explain why police took three weeks to question Minister of Works and Utilities Bradley Roberts in connection with the rape claim made against him.
Mr. Farquharson said police did not want to act prematurely and in some instances have waited up to six months to question persons accused in similar matters. The Minister said in a recent statement that he went to the police "voluntarily".
The police commissioner also declined to answer another pressing question as members of the media pressed him on whether there was enough evidence to charge the Cabinet Minister with a crime.
Mr. Farquharson instead suggested that reporters contact the AG's Office for an answer to that question, which was perhaps the most pressing one of the day.
During the press conference at police headquarters on East Street, he also insisted that the police did not move too slowly in the matter despite the perception that some members of the public may have.
"Remember that once a complaint is laid against any citizen of The Bahamas by another citizen, the police must conduct lines of inquiries in order to prove that allegation", he said. 'It is only at certain stages of the investigation will you pick up or invite or arrest a suspect in order to put the questions of that inquiry to that particular suspect'.
The police commissioner also praised his detectives for concluding the investigation in "record time", noting that the woman reported the allegation on December 5.
"There are several other cases that are similar that have come before the police that have taken a longer time" ,he said. "There are some that may have taken a shorter time, but this one took four weeks".
But his statements were not enough to convince Wallace Rolle, the alleged victim's attorney, that police handled the matter efficiently.
Mr. Rolle asked Mr. Farquharson to explain why Minister Roberts was not questioned sooner. But the police commissioner indicated that it was inappropriate for him to ask the question in that setting and declined to give an answer.
Following the press conference, Mr. Rolle said the event was 'a complete waste of time'.
"The commissioner passed the buck", he charged. "I don't think he answered any question. I don't think we're any closer today than we were yesterday. He doesn't want to make a decision. He wants somebody else to make the decision. A month later, this lady who made a complaint to the police is no closer to getting before the court and I think that is unfortunate".
During the press conference, Mr. Farquharson assured that there was no political interference in the investigation and he said no one is above the law.
"This allegation, like every other serious allegation, placed the onerous task on the police of conducting an objective, transparent and a thorough investigation into the matter reported", he said.
Mr. Farquharson was asked whether he was concerned about the perception that some people may have that the Minister's case is receiving special treatment. He assured that it was not and explained why he felt it necessary to call a press conference in relation to this rape claim as opposed to any other rape claim.
"I think it's very clear to everyone that this matter has drawn great public debate and because of the individual who is involved, who occupies a very high profile office, the public interest certainly goes above everything else and I thought from where I sit, I owe [it to] the citizens of this country to explain how that investigation took place", he said.
"This particular incident of the allegation that is laid before us is one that created great public concern and I felt as commissioner that I had a responsibility to forward the results of this investigation to the AG's Office.
"We have forwarded many matters to the AG's Office before. This is not the first rape incident that has been forwarded to the AG's Office for further considerations or direction. This is only one of many so there is nothing unusual about this particular case".
Director of Public Prosecutions Bernard Turner, who spoke to the Bahama Journal from his office on Wednesday, also pointed out that it is not unusual for the police to send a file of this nature to the AG's office.
When asked how long it will take for authorities there to make a determination on the matter, he said, "We want to consider it properly. I expect that we will make a determination in due course".
Like the commissioner of police, he declined to say whether the police have made a recommendation on whether there is sufficient evidence for the Minister to be charged.
At the press conference on Wednesday, Chief Superintendent of Police Marvin Dames told reporters that police find themselves in a "very, very unique situation".
"Because we have to appreciate and respect due process and the rights of individuals, we cannot just carelessly reveal aspects of the investigation to the press and members of the public as we receive it", Mr. Dames said.
"We only release what we feel is fair to release and we have never done an investigation in the press and that is critical. We have not done so because we respect the rights of both parties".
His statement was an obvious reference to a question asked by a reporter regarding whether Minister Roberts has admitted to having sexual relations with the woman who made the claim against him.
In a recent interview with the Bahama Journal, the Minister said only that he knows the woman in question.