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

thenassauguardian editorial

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

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

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

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

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

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

The government and Minister Turnquest should be commended for implementing the electronic monitoring bracelet system, which it is hoped will go a long way in preventing suspects from re-offending.

But it is still hard for Bahamians to understand why so many dangerous criminals are out on bail, mocking our system of justice and terrorizing us in our homes and in our businesses.

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

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

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

We hope these changes meet the needs of the country.

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

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

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

Bahamians want and deserve a better explanation in terms of the various issues surrounding the matter of bail. But, more importantly, they are demanding action, arising out of fear for their very lives and livelihoods.

Sep 26, 2011

thenassauguardian editorial

Caribbean Blog International

Crime, punishment, lost faith in the judicial system and vigilante justice

What should be the punishment for crime?

tribune242



A FATHER, grieving over his dead daughter, yesterday condemned this country's highest court for restoring hope of a full life to the man who had brutally murdered her nine years earlier.

On Wednesday London's Privy Council removed the noose that had threatened the neck of Maxo Tido. Instead it sent him back to the Bahamas' Court of Appeal to fix an "appropriate sentence" for a murder they recognised as "appalling," but "not one which warrants the most condign punishment of death."

Tido was the first condemned man sentenced to be hanged by a judge after the Privy Council ruled that no longer could a jury's murder conviction result in an automatic death sentence. Rather a judge now had to consider the merits of each case and decide whether the evidence was such as to warrant death by hanging.

Supreme Court Justice Anita Allen ruled that the brutality of the 16-year-old girl's death merited no mercy for her killer-- he was to hang by the neck until dead. The Advisory Committee of the Prerogative of Mercy agreed, but stayed his execution until he could appeal to the Bahamas's highest court -- the Privy Council.

The results of this decision means a life sentence for Tido. However, it is now up to our legislators to redefine the meaning of "life" in cases such as this. In future "life" should no longer mean 25 years with good behaviour, but full life, with the prisoner leaving his cell only when the undertaker arrives to take him to the graveyard.

The dead girl's father warned that the Privy Council's decision could lead to vigilante justice if people continue to lose faith in the judicial system.

Unfortunately that faith has already been lost and, at least among the criminals, vigilante justice is on the rise.

National Security Minister Tommy Turnquest attributes 44 per cent of this year's murders to drugs. As the drug dealers squabble among themselves and settle their own scores with the gun, they are assisting the judicial system in clearing cases from the court's calendar.

For example, about two weeks ago a man accused of murder was released on bail by a judge. His trial was still pending. A week later he was dead -- shot by another who is "well known to the police," also presumably out on bail.

A few weeks ago a young man was shot in his hand in Fox Hill. If his tangled web is traced back a couple of years, two feuding factions can be found to be the root cause. They will probably gun it out until no man is left standing on either side. One side taking retaliatory measures against the other has resulted so far in at least three violent deaths in this case. This today is what is happening on our streets -- vigilante justice is alive and well.

A police officer commented a few days ago that last weekend was a quiet one on the crime front. He attributed it to the police's new strike force, which had rounded up at least 100 persons for various offences before the holiday weekend.

Opposition politicians like to accuse government for not taking crime seriously. This is nonsense. The government is doing its best, the police are doing their best, the community, where the problem lies, is yet to step up to the plate.

Opposition politicians claim they have the answer to reduce crime. If they have a secret weapon, they are guarding it closely. As far as the PLP are concerned Urban Renewal is the balm that will heal all. It had no healing charm when the PLP were in power, it would be interesting to know what makes the PLP think that it will be any different if they were returned as the government. They are trying to make the public believe that the Ingraham government killed Urban Renewal when it came to power. A redesigned urban renewal programme is still in place, however, it is no longer PLP-style.

The truth is no one --certainly no political party -- has the answer to how to reduce crime. The will of an angered people resolved to restore morality to their communities is the only power that can turn the tide. Until that day comes, the criminals will call the shots.

There are those who maintain that the death penalty is the most effective deterrent to crime. Others say it is life imprisonment. No one knows the answer. Proof hangs in the balance on either side of this complex question. When human nature is involved there is no answer that fits all.

The answer is not to rid ourselves of the Privy Council -- it is too important to this nation in many other ways. However, it is now up to Bahamians to make certain that when persons are convicted of such heinous crimes, all hope of returning to society is removed forever. This is probably the cruelest of all punishments.

June 17, 2011

tribune242

Tommy Turnquest: ...the high level of violent crime in the country does not mean the governing Free National Movement (FNM) has failed in its anti-crime efforts

Turnquest: Govt has not failed on crime

By CANDIA DAMES
NG News Editor
candia@nasguard.com


In the lead-up to the 2007 general election, concerns about the high level of violent crime were high on the Free National Movement (FNM) party’s list of talking points.

At a rally on April 27, just days before the vote, then FNM leader Hubert Ingraham pointed out that Progressive Liberal Party (PLP) leader Perry Christie had declared a week before the 2002 election that “any government which couldn’t get crime under control had no right to brag about anything else.”

“Now he’s going all over the country bragging about the little record they do have,” Ingraham told rally-goers that night.

“They didn’t bring crime under control and they did very little else. The PLP, which offered so much on the issue of crime, couldn’t even buy police new vehicles on time.

“Now they tell us they have a new major four-point crime plan. Where was that plan in the last couple of years?”

During the campaign, Ingraham and the FNM vowed strong action against crime.

The FNM won the election four years ago yesterday. The PLP’s record was not enough to win it re-election.

Today, crime and the fear of crime remain high.

But Minister of National Security Tommy Turnquest said yesterday that the high level of violent crime in the country does not mean the FNM has failed in its anti-crime efforts.

“We accept that crime is at an unacceptable level,” he said.

“We accept the fact that crime is a major issue in the country today, that as the government of The Bahamas it’s our responsibility to take the lead and to lead the way in the fight against crime.

“But our crime situation is multi-faceted. There are a lot of social problems that we have to deal with and that we continue to deal with.

“It’s not just a matter of providing additional resources to the police, which we have done. It’s also dealing with those social issues which we are addressing.

“It’s also dealing with the challenges within the judicial system which we are also dealing with. So it’s not the fact that we have failed in regard to it; I don’t think we have failed at all.

“I think we have to ensure that those hardened criminals who continue to beat our judicial system are put behind bars.”

In a statement slamming the FNM government on its fourth anniversary in office yesterday, the PLP pointed to the high murder rate, and added, “The FNM claims to have a plan for crime, but during the prime minister’s national address (last week) he promised to get back to the Bahamian people on his plan for crime.

“This is proof positive that the issues that are most important to the Bahamian people are not the priorities of the FNM government.

“Further, on their watch the fear of crime has increased so much so that people are afraid to leave their homes. Whatever measures the FNM government has taken were ineffective in arresting this scourge that threatens our national security and continued economic viability.”

Turnquest said of the 43 murders that have been recorded so far this year, 23 were as a result of conflicts and retaliation.

“When you look at those statistics you have to put this whole crime scenario in proper context,” he said.

Asked if the Ingraham administration has been aggressive enough in dealing with the crime problem, Turnquest said, “We have been extremely aggressive. While we haven’t been very talkative about it, we’ve been very steadfast in getting things done.

“That’s been our focus.”

He said the government has provided the necessary resources for law enforcement officers and the necessary infrastructure for the judiciary.

“We continue to be very focused,” Turnquest said. “Our strategy continues to be very resourceful, to be very focused.”

PLP’s 2007 CRIME PLAN

In its crime plan released right before the 2007 general election, the PLP promised to involve all stakeholders — the security forces, political organizations, central and local government and government agencies, civil society, and residents through island-wide consultations — on the appropriate elements needed for the implementation of its National Crime Prevention Programme.

The party pledged that within six months of a second term in office it would position the police force to be "more preemptive in the fight against crime in the 21st Century."

"We will make available the additional capital resources for effective police and defense forces," the party’s Action Agenda said.

"We will provide them with the necessary resources to ensure their modernization by the provision of cutting edge technology to assist with criminal investigation and communication tools."

The PLP also promised in its Action Agenda that the police force would receive an expanded fleet of patrol cars and officers along with the requisite resources to support 24-hour a day patrolling in the 25 districts of New Providence.

Additionally, it pledged to expand the number of police stations on Family Islands and in New Providence to ensure increased police presence.

"We will upgrade the system and response rate for calls to the police emergency numbers by ensuring that the ratio of cars to the mobile unit is appropriate and by providing the required amount of multi-purpose vehicles," the Action Agenda said.

The PLP also pledged to provide the necessary resources to continue the illegal drug fight.

The party further promised that if elected to a second term, it would: expand community-policing; encourage the establishment of additional community neighborhood watch programs; identify areas of potential conflict in communities and establish strategic alliances with the church; strengthen and promote the Witness Protection Program; and ensure a reduction in domestic violence.

The Action Agenda said the PLP would also introduce legislation to establish an Armed Forces Complaints Agency to monitor and investigate complaints against police, the defence force and the other uniformed agencies.

At the time of the document’s release, then Prime Minister Perry Christie said, "Ours is the only plan that offers innovative and viable strategies, and real hope, for conquering this menace (crime) once and for all."

5/3/2011

thenassauguardian

Bahamas Blog International

Optimistic that the Attorney General's office will eventually restore the confidence of Bahamians in their judicial system

New hope for the Attorney General's office
tribune242 editorial




OVER THE years there has been agitation -- especially from Fox Hill MP Fred Mitchell -- for an all Bahamian judiciary.

Today the judiciary up to the level of the Supreme Court -- with the exception of a foreign magistrate in Abaco and another in Freeport -- is all Bahamian. However, it has never been in a worse state of confusion than it is now. The public has certainly lost confidence in the once honourable judicial system as cases mount, crime grows, and more criminals are returned to the streets because an early trial cannot be guaranteed them.

These are some of the many problems with which John Delaney, QC, the newly appointed Attorney General, is faced and which he eventually will have to solve. He has to track cases that should have been dealt with years ago, but were just allowed to slip under the blotter and get "lost." He has to deal with persons on bail who would probably be behind bars if their cases had been dealt with in a timely manner. However, because of an apparent lack of expert management in the office of the attorney general these persons with criminal records and pending trials are still roaming the streets and creating fear in the community.

In his contribution to the Budget debate in the Senate on June 23, Mr Delaney, after emphasizing that his department "has able and dedicated counsel at various levels for the prosecution of criminal cases, some of whom shoulder a disproportionate load relative to others at their level," pointed to his department's gravest problem. "However," he told senators, "an apparent inadequacy of senior managerial-level direction, control, operational focus and discipline over a number of years have left this department compromised in providing the appropriate level and quality of response needed to meet the demands it has faced and continues to face within the criminal justice system."

To get cases moving the Judicial Legal Service Commission appointed Mrs Vinette Graham Allen, a Jamaican, as Director of Public Prosecutions. Mrs Graham Allen, who has an outstanding record of managing and moving cases efficiently, took up her post this month. She has had senior management experience in Jamaica's Department of Public Prosecutions as its Deputy Director. She was Director of Bermuda's Department of Public Prosecutions, and Director and Principal of Jamaica's Justice Training Institute, where she was responsible for designing, developing, organising, coordinating and conducting training programmes in Justice administration.

She ran into difficulty in Bermuda where Bermudians were agitating for a local rather than a foreigner to head the DPP's department. As we understand it Bermuda has a similar problem to the Bahamas, and probably the efficiency of Mrs Graham Allen rattled too many slow-moving bones into unaccustomed action to get cases moving. Whatever the problem, when Mrs Graham Allen left Bermuda there were only 15 cases left of the 600 she found gathering dust on her arrival. This is just the kind of effort the Bahamas is looking for, and apparently, our Bahamian lawyers in the Attorney General's office also want this type of leadership and are cooperating with her so that cases can start moving through the system more efficiently. This is all the public wants -- there are too many unhealthy rumours about certain cases that have been pushed aside and seemingly forgotten.

It would seem that Mr Delaney's focus will be on current cases first to remove the concern of magistrates and judges over the question of bail. If the Attorney General's office can deal with accused persons without long adjournments, magistrates will no longer have to consider the length of time an accused has to remain in prison awaiting trial. There will then be no reason for magistrates to grant bail in serious cases.

Mr Delaney told the Senate that he was informed that 47 cases were processed for the year 2009 and 24 cases so far for 2010. "Giving the number of pending cases, on the one hand," he observed, "and the constitutional imperative of a fair trial within a reasonable period of time, on the other, the question of bail for persons charged with an offence becomes an issue." He said there were about 130 persons now out on bail for murder related offences.

"The processing of cases and the bail situation must be improved," he told the Senate, "and this government is determined to do all within its power to cause improvement."

It is going to take a long time because there is much to be done, but we are confident that Mr Delaney, with his new DPP, supported by deputy directors, Franklyn Williams and Garvin Gaskin, and their hard working legal staff -- a department of about 22 lawyers -- will eventually restore the confidence of Bahamians in their judicial system.

August 26, 2010

tribune242 editorial

Bahamas Blog International

Bahamian Courts need better administration

Courts need better administration
tribune242 editorial:


A RETIRED police officer is concerned that no matter how many judges are brought in to strengthen the Bench, nor how many court buildings are constructed or renovated in which more cases can be heard, nothing is going to reduce the court's logjam until the judicial system is better administered.

Prime Minister Hubert Ingraham himself recognises this. In his budget address to the House in which he outlined government's proposals to improve the system, he acknowledged that "notwithstanding efforts made in the past we have not been nearly as effective as The Bahamas deserves in the administration of the judicial and legal system."

A new director of public prosecutions is arriving in August to take up the post with two persons already in the Attorney General's office elevated to the positions of deputy prosecutors. Mr Ingraham said that there has been "a serious problem with the management of criminal cases -- a problem of untold magnitude."

That problem is reflected in the community causing Police Commissioner Ellison Greenslade to acknowledge that on the crime scene today most victims and those committing murders have previously been arrested and charged in connection with other serious crimes. Often, said the Commissioner, they have been arraigned in a Magistrate's court on charges of murder, or illegal firearms, drug possession, armed robbery or other violent crimes and released on bail.

Once they have been freed they return to their communities and continue committing crimes, allowing violence to permeate the neighbourhoods, he said. In other words the revolving door syndrome has suffocated our courts, because cases are not being dealt with efficiently. The root cause? Adjournments.

Mr Paul Thompson, retired deputy commissioner of police, said that recently a person accused of a minor offence wanted to visit Miami, but a court date was interfering with his plans. His lawyer told him not to worry, to go ahead as he would arrange an adjournment.

"That," said Mr Thompson, "would have never happened under Magistrate Wilton Hercules. In the old days you had to appear in person before the magistrate and request an adjournment." Magistrate Hercules, feared by the criminal class, would have probably refused the request -- particularly if it was frivolous. He would have proceeded with the case. No one did foolishness in his court, and everything moved on time. But today there is adjournment after adjournment -- many stretching into years -- is the order of the day. No wonder the cases are stacking up and gathering dust and witnesses are either losing their memories or disappearing.

Another problem, said Mr Thompson, is that an accused person has a constitutional right to choose his own lawyer. Suppose, said Mr Thompson, you have a hundred accused asking for the same lawyer, then immediately cases start backing up until the overbooked lawyer is available to take each case in turn. This, said Mr Thompson, is a major problem that has to be solved if the court calendar is to move smoothly.

Mr Thompson referred to a case that was due in court on Wednesday for final judgment. The case involved the possession of 2,500 rounds of ammunition, hidden in baby clothing. It was discovered by Customs when it arrived by boat at Kelly's dock in early 2008. For two years there was adjournment after adjournment. On Wednesday -- which was supposed to be the final day -- the case was again adjourned, this time to September 16.

"Imagine," exclaimed Mr Thompson, "a simple case of possession that should have taken the court an half hour to an hour has now taken two years and is not yet finished!"

Another case in which he was interested was also set down for Wednesday. It was a case of the arrest of a sole occupant of a car that contained several guns -- Ruger, Remington and Maverick - and several rounds of ammunition. That arrest was made on October 23, 2006 -- nearly four years ago. It was set down for hearing on the prosecutor's list for this Wednesday. However, when Mr Thompson arrived at court on Wednesday, he was told that it was not on the prosecutor's list for that day or any other day for that matter. So what has happened? Is it just going to slide over the edge and get lost?

Mr Thompson named many other simple cases that should have occupied very little time on the calendar, yet they have been dragged over the years. While he was at the court on Wednesday a case for firearm possession came up. "It was a simple possession case," said Mr Thompson, "where only three police witness were needed -- the two officers to tell the magistrate what they found and a third officer from the Armoury to testify that the firearm being held was listed under the Firearms Act. Yet this case was adjourned to March next year."

On Monday we shall tell how this problem was nipped in the bud in 1980 when no-show witnesses -- particularly police officers -- never turned up to give evidence.

When Pericles Maillis acted for a time as magistrate he issued a warrant for the immediate arrest of a police constable who had not shown up to give his testimony. The constable, brought to court under arrest, was made to wait in the prisoner's dock until the case was called. He complained of being "embarrassed."

If this non-appearance continues, said Mr Maillis at the time, there "is going to be a breakdown in law and order in the Bahamas."

And that is exactly what has happened -- it continued and it broke down. Until the individual courts are better managed, cases will continue to take up unnecessary space.

July 02, 2010

tribune242 editorial

Bahamas Blog International