National Security Minister, Wayne Munroe says The Bahamas government is unified in wanting to send the clearest possible message to adults who would have sexual relationships with children

The Bahamas National Security Minister, Wayne Munroe: Our government is unified in wanting to send the clearest possible message to adults who would have sexual relationships with children under 16: your behavior will land you in jail, no matter the child’s behavior  

“I have spoken several times on the matter of a plea agreement and I deeply regret that my answers have caused concern.  I gave several interviews and I hope that pulling the salient points together in one place can be helpful to understanding my position:

#1 Anyone who has sexual intercourse with a child under 16 is disordered.

#2 Anyone who does so will go to prison.  The only question is the length of their sentence.

#3 Sentence lengths for the offence in question are established by the Bahamas Court of Appeal.  For a first-time offender, the sentence is 7 years if the young woman does not consent, and 4 years if the young woman does consent.  The word “consent” is in the text of the relevant statute – “with or without consent”.

#4 Plea agreements avoid court cases and thus help clear the backlog of cases in our justice system.  Additionally, plea bargaining spares the victim from having to give evidence thereby being forced to relive the trauma of the crime.

#Our government is unified in wanting to send the clearest possible message to adults who would have sexual relationships with children under 16: your behavior will land you in jail, no matter the child’s behavior.

#When I provide my analysis of a legal matter, as I have done in recent interviews, I do draw upon my decades of experience practicing law.  But I want Bahamians to be clear, it is this experience that allows me a clear view of the path to successful law enforcement and prosecution.  The goal in cases like these is to punish predatory behavior and to deter others from engaging in such behavior.”

#EARLIER STORY:

#By EARYEL BOWLEG

#Tribune Staff Reporter

#ebowleg@tribunemedia.net

#NATIONAL Security Minister Wayne Munroe suggested yesterday that a 40-year-old man convicted of having unlawful sex with a 14-year-old girl received a sentence that was too severe, saying had he defended the case he would have argued it was not rape and that the girl consented.

#His remarks prompted swift backlash from Free National Movement Deputy Leader Shanendon Cartwright and others.  Some activists have called on him to be fired.

#Mr Munroe said he did not have all facts of the case, but told reporters he did not understand the controversy surrounding the sentence and anger about subsequent comments made by a prosecutor about the case.

#“If I was advising the accused and somebody gets seven years for raping somebody I wouldn’t have been advising my client to agree to four years for unlawful intercourse because I would say that if we go to court you would say to the judge ‘he didn’t rape her - she consented’.  The fact is in law her consent is neither here nor there.  If I was the defence counsel I wouldn’t have accepted a plea deal with that high a level of penalty and we would have gone to court,” he told reporters.

#Earlier in the interview, Mr Munroe said sentencing guidelines for rape differ depending whether the victim is a “virgin” or a “prostitute”.

#“If you were to rape a virgin, if you raped a prostitute, both are rape, you’re likely to be awarded a higher sentence for raping a nun than raping a prostitute,” the former defence attorney said.  “That’s just what the case law says because you consider the impact of the offence and considering the impact of the offence you consider victim impact.  So that’s a part of sentencing.”

#His comments came when he was asked by reporters about Acting Director of Public Prosecutions Franklyn Williams’ statements about a plea deal the convict received, which resulted in him getting four years in prison and three years’ probation upon release.

#When contacted about the case, Mr Williams told a reporter on Wednesday: “We have a generation of highly sexualised young people, whether through media or association, and who because of parental inattention, lack of parental oversight and in some cases, tacit encouragement and acquiescence, engage in risky behaviours.  The facts of this case dictated the course taken.”

#He later said he was not victim blaming, however.

#Mr Munroe said he was trying to understand “controversy” about the case.

#When told the offence was unlawful sexual intercourse, he said: “Which means that it’s not rape.  Which means you are punished because as a big man you shouldn’t be having sex with anybody under 16.  If the person under 16, if you force them, they would still charge you with sex with somebody under 16 but the sentencing court would say that you forced this person, they didn’t initiate it, so you will get a higher sentence than somebody who initiates it with you.  The general sentence for rape where the person isn’t consenting is seven years.”

#Some observers accused Mr Williams of “victim blaming” and called for his resignation.

#Asked to respond, Mr Munroe disagreed with that interpretation, saying “How is that victim blaming?”

#He also said: “Yes she can give consent.  You can consent from seven years old.  It’s just that law says if you are under 16, if you read the offence having sexual intercourse with somebody under 16 with or without their consent which tells you that the person can consent.  Just that in law, we say it doesn’t matter.  If it doesn’t matter having sex with (a) 16-year-old whether she consents or she doesn’t consent that being the case since that offence has those two possibilities, the victim consent or the victim doesn’t consent.  Who would believe that the sentence should be the same whether the victim consents it should be same when the victim doesn’t consent.  One would hope that you would get a higher sentence when the victim doesn’t consent.”

#According to published reports about the case, the girl and the man met on Facebook and met up to have sex multiple time over the course of several months.  Police found the girl at the man’s home after an anonymous tip in early 2020 and met her putting on her school uniform.  The child was examined at the hospital and where it was discovered she was pregnant.

#In a statement issued yesterday, the FNM’s deputy leader said Prime Minister Philip “Brave” Davis needs to rein Mr Munroe in.

“I join with all right-thinking Bahamians in condemning the utterances of Minister of National Security Wayne Munroe with regard to how the law should be interpreted with regard to adults who prey on underage girls,” Mr Cartwright said.

#“His opinions on consent are repugnant and have no place in a civilised country.  What the minister should be doing as a lawmaker is advocating for stronger laws to protect children, and a no tolerance approach as the minister of national security, as opposed to alerting child predators as to how they can beat the system.

#“If he cannot advocate on behalf of protecting children and law-abiding citizens, then he should reconsider his current career choice.”

Source/Comment

A report on the administration of justice in The Bahamas ...and improving the justice system in The Bahamas

IDB Concerned With Bahamas Justice System

by Ianthia Smith
The Bahama Journal




Officials at the Inter-American Development Bank (IDB) have expressed major concerns with the administration of justice in The Bahamas, particularly as it relates to the low conviction rate and the fact that more than 300 accused murderers are out on bail.

In fact, the IDB is so concerned with the dismal statistics that the organisation has pledged to pump $250,000 into improving the justice system in The Bahamas.

In a recent report, the IDB said during the 2005 to 2009 period only 5.1 per cent of murder cases resulted in convictions, adding that within the last five years, 305 accused murderers have been released on bail.

“This situation can partly explain why The Bahamas, although superior to the regional average, has recently shown a marked decline in its values for the world governance indicator related to the rule of law,” the document added.

That figure dropped from more than 85 per cent in 2007 to just over 65 per cent in 2011.

The report went on to point out that in The Bahamas there is consensus about the limited institutional capacity of the justice system to respond to the public’s demands and added that this situation is contributing to the recent dramatic increase in incidents of violence and crimes that remain unresolved amid an increasing judicial backlog and a diminishing number of convictions.

“Today, few people doubt that sustainable development depends on the credibility of the legal system, the quality of the legal framework, the effective protection of property rights and the honesty, effectiveness and efficiency of the agencies in charge of applying the law to specific cases,” the document added.

“To properly perform its role, a justice system should also be expeditious, which means that the system effectively completes cases in a reasonable time.”

It is for that reason that the IDB has approved technical cooperation for a pilot project to support the government’s Swift Justice Programme and has committed to giving The Bahamas $250,000 and an additional $24,000 local counterpart funding, to assist with this fight.

To improve court reporting and transcript generation, which the IDB notes still consists of a transcriber, while the modern digital court reporting includes broadcast quality microphones and digital recorders, the IDB has committed $110,00 while another $77,000 will be to support the implementation of an integration justice information system with an efficient business model that will seek to strengthen cooperation, coordination and communication among the Attorney General’s Office, the police and the judiciary and $66,000 will go towards the reduction of the Supreme Court’s backlog.

But with this technical cooperation comes risks, the IDB noted that the government and judiciary may not be sufficiently coordinated, there may be difficult interaction between the different government agencies as well as delays in execution due to a lack of knowledge and experience with IDB-financed operations.

November 20, 2013

Jones Bahamas

Caribbean Blog International

The Bahamas has acknowledged that its criminal justice system needs help

Adopting organized crime laws in The Bahamas

thenassauguardian editorial

The annual drug report prepared by the United States government usually provides interesting commentary on the state of drug trafficking to and through The Bahamas.

In the 2011 report, the U.S. government again made suggestions to the Bahamian government to reform the criminal justice system in this country.

“However, a need still exists to reduce the long delays in resolving extradition requests and other criminal cases as an existing trend of law enforcement successes have been undermined by an overburdened Bahamian legal system,” said the U.S. State Department in the report.

“As mentioned in previous annual reports, we continue to encourage The Bahamas to increase the resources and manpower available to prosecutors, judges, and magistrates.”

The Bahamas has acknowledged that its criminal justice system needs help. The government has set in motion a series of reforms aimed at reducing the backlog of cases before the court and speeding up the rate of prosecution in the country.

The U.S. made another suggestion in the report that should be considered.

The State Department noted that the country lacks legislation criminalizing participation in an organized criminal group.

The Racketeer Influenced and Corrupt Organizations Act (RICO Act) is a U.S. federal law that provides for long criminal sentences and civil penalties for actions performed as part of an ongoing criminal organization.

Simply put, those proven to be involved with an organized crime group are jailed for long terms.

The U.S. government has used these laws effectively against the mafia. In The Bahamas, no such law exists.

According to the drug report, the U.S. Drug Enforcement Administration and Operation Bahamas Turks and Caicos estimate that there are 12 to 15 major drug trafficking organizations operating in The Bahamas.

A RICO law in The Bahamas would provide another tool to local law enforcement to take down some of these drug gangs.

However, local police and prosecutors would need to learn to conduct more comprehensive investigations for such a law to work.

Rather than arresting one criminal for one offense, investigators and prosecutors would need to build a case against entire organizations.  Evidence would need to be marshaled chronicling the various crimes it commits. The actors in the criminal activity would then need to be defined and linked to the criminal organization.

Comprehensive indictments would follow and large numbers of criminals would be brought to court at the same time.

These investigations could take years. But when done well, they cripple or dismantle entire criminal organizations.

For such a thing to work, The Bahamas would also need to change its overall prosecutorial response to drug trafficking. Traffickers are currently prosecuted in Magistrates Court where the maximum sentence is five years in jail. Some smugglers have been found in possession of millions of dollars worth of cocaine and they have only faced that five-year sentence, or less if they pleaded guilty.

The law needs to prosecute based on weight. Those found in possession of large quantities of drugs should face trial in the Supreme Court where serious penalties can be issued. RICO prosecutions, if adopted, would also take place in the Supreme Court.

Organized crime is a threat to democracy. Those who do not believe this need only look at Mexico. The cartels there are at war with the state.  And in some jurisdictions in that country, the cartels are winning the war.

Since Mexican President Felipe Calderon launched his war on the cartels in 2006, more than 30,000 people have been killed in drug-related violence.

The Bahamas must consider legislative tools such as the RICO law in the U.S. to assist in the local fight against narco-trafficking. We cannot just continue to hope that the U.S. requests the extradition of our major drug dealers. We must develop the capacity to lock them up for long periods of time in this country.

Sep 13, 2011

thenassauguardian editorial

Caribbean Blog International

Bahamians want to know what more can be done legally and constitutionally to address the bail crisis

The bail crisis

thenassauguardian editorial



With the release of the recent murder statistics showing alarming increases, Bahamians are growing increasingly frightened for themselves, their loved ones, their property — and our way of life.

This must be a sobering moment for the Government. It should also be a sober moment for the Opposition, as they too, were unable to arrest the rise in serious crime.

This is not a moment for the Government to lose its nerve or for the Opposition to attempt to score political points on what is arguably the number one issue for most citizens.

One area which most Bahamians feel some headway can be made in the fight against crime is in regards to bail for serious criminals.

The government and Minister of National Security Tommy 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 rate would have been lower over the past several years if a number of the persons on bail were still in custody. We have had three record-breaking murder counts in four years. We are on pace to have another record breaking year when it comes to murders.

Rulings by the Privy Council on how long an individual can be held on remand before being released on bail were intended to protect the innocent and various civil liberties. The ruling has had unintended consequences, mostly arising from how unprepared our national leadership was to deal with such a momentous ruling.

Bahamians want to understand what is going on. And they want action.

So far, the political leadership of the country, FNM and PLP, has failed to adequately explain and effectively communicate the details of the Privy Council ruling, which inadvertently helped to fuel the current crisis.

More urgently, Bahamians want to know what more can be done legally and constitutionally to address the bail crisis.

The government has said that it will amend the Bail Act to limit the circumstances under which bail may be granted. From what we understand, there has been some concern surrounding the constitutionality of such a move.

Are there constitutional changes that can be made in this area? If there are, they should be explored, if that is not already being done. If not, it should be explained to the public.

Crime knows no boundaries or person, property or politics.

Bahamians do not want finger-pointing and the casting of blame. There is plenty of blame to go around, including of those citizens who tolerate or turn a blind eye to certain crimes when it is convenient.

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.

4/5/2011

thenassauguardian editorial

Bahamas Blog International

Justice K. Neville Adderley Has Spoken

Justice Adderley Has Spoken
The Bahama Journal Editorial

A number of citizens decided that they would take the Minister of Works to court; they did and today we know that rest of the story – these citizens won.

As one citizen notes of the matter to which we refer: "This case is historic, (it) has proven that the small man can stand up and fight City Hall. There is no reason to be scared.

This citizen is Arnold Heastie, owner of Heastie's Service Station on Baillou Road.

Another citizen, Etheric Bowe, the owner of Advanced Technical Enterprises Ltd, said the ruling gave him faith in the justice system.

In addition, there is also Rupert Roberts, himself another leading citizen who also exulted in the decision to which we shall presently refer.

And for sure, we can also advise that, you should –at least for now- forget that old saw which suggests that, while sticks and stones might break your bones, words can never harm you.

While this might be advice that is good enough for naïve children, the fact remains that, in the very real world that we inhabit, words – particularly those uttered by magistrates, Supreme Court Justices and others such – can and do resonate.

Here we can and will illustrate the point we make by noting some of those poignant words as they were uttered this past weekend by one Supreme Court Justice, K. Neville Adderley.

In a matter that came to his attention, we note some of what this esteemed justice had to says as he expatiated on the bone that had been the nub of contention between the Minister of Works and some of this nation’s leading citizens; concluding [as he did] on this salutary note: "I find that once the Minister (of Works) had embarked on the consultative process by carrying out the road works in the affected area without proper consultation, he thereby did not follow the requirements of the law…”

This broadside was followed by another volley of words that struck their mark. Here Justice Adderley concluded on this note: “…I also find that the road works in substance constitute a public nuisance which has directly contributed to losses, including goodwill, to the businesses of the applicants…"

This is surely some powerful stuff.

And as if this was not enough for the Minister of Works, the learned justice reverted to that question concerning damages.

Here Justice Adderley opined that, "The damages shall relate to their businesses only and to loss cause by the road works. The works on the Baillou Hill Road and Market Street corridors are continuing and there may be time for the minister to mitigate his damages by engaging in proper consultation with the applicants to the extent, if any, is still possible…"

Yet again, we are witness to the power inherent in words when they are words that can and will make a difference as regards the rights of the citizen versus the power of the state.

Such is the stuff of which joyous celebration is both birthed and fashioned; and so it came to be that, Justice Adderley’s ruling was met with jubilation from the Coconut Grove Business League.

But for sure, there is more to this than that it surely does provides a perfect pretext for celebration and jubilation.

Here the truth inherent in the matter at hand has to do with lessons that must be learned. In this regard, then, the current administration, its Official Opposition and [perhaps] most of those men and women who would aspire to leadership in our land must – if for the sake of their own sanity – should take close note of the fact that, there are three branches of government.

They would also be well advised to know and appreciate the importance of the fact that, each branch has its own unique role to play in keeping things on an even keel; and that, when the chips are down, the executive branch of government can and should be over-ruled.

This is precisely what now stands revealed on the morrow of a landmark decision made by Supreme Court Justice K. Neville Adderley, who opined that, the Minister of Works "did not follow the requirements of the law when he effected road works along Baillou Hill Road and Market Street.”

This he said as he ruled in favour of the Coconut Grove Business League yesterday.

We can also note that, Justice K. Neville Adderley also awarded the group unspecified damages for loss of business due to the ongoing road works - damages that will be assessed by the court at a later date if the parties involved cannot come to an agreed amount.

Evidently jubilant, The Coconut Grove Business League –as reported – described Justice Adderley’s ruling as an historic one.

It surely is.

And so, today we give thanks for the fact that, we still live in a land where the Rule of Law yet prevails.

December 20, 2010

The Bahama Journal Editorial

Bahamas Blog International

Many Bahamians are expressing a lack of confidence in the justice system

Bahamians must feel the law is on their side
thenassauguardian editorial


With an increase in housebreaking taking place throughout the country in various communities, residents are appealing for justice to be served on the perpetrators.

Many Bahamians are expressing a lack of confidence in the justice system, claiming that the law does not protect their rights as citizens. In the cases of housebreaking and stealing, these cries are heard even louder.

The expression “justice denied” has become common place.

While housebreaking and stealing is on the rise, the number of people being placed in jail for these crimes has not increased. What has increased are the number of people being let go on bail for these crimes.

It is this perception of injustice that seems to irate Bahamians, perhaps because the crime of housebreaking is more of an invasive act. People feel as if they have been violated when their home has been the target of a housebreaking.

The idea that someone has been digging through drawers, jewelry boxes, cupboards and personal items, leaves the feeling of an invasion of privacy. That in itself stirs up a lot of emotions among the victims of this crime.

To make matters worse, those who are caught and charged with these crimes are then given a slap on the wrist, given a record and let go on bail, pending a hearing.

Then, to add insult to injury, if the criminal is not in possession of the items stolen, the victims cannot get any compensation for those items stolen. They are told that once the person has gotten rid of the items, there is nothing the law can do.

That criminal is not demanded to make restitution in no shape or form.

If your items have been sold or pawned before the criminal is caught, that is the end of it.

So, not only has a person’s home been broken into, their privacy invaded, their items stolen, the criminal set out on bail, but there is no way of getting any kind of compensation.

It has left residents with a sense of being left alone, with no justice served.

There has to be more convictions, at least there has to be an appearance of justice being served.

It’s not enough for those convicted of these crimes just to get a criminal record and that’s it. Letting these criminals out on bail only leaves them with an opportunity to continue their rampage on other homes and other families.

More has to be done to make Bahamians feel as if the law is on their side and that crime does not pay. As it stands now, they feel as if this is not the case.

12/14/2010

thenassauguardian editorial

Bahamas Blog International

Hubert Ingraham, Crime and the FNM’s 2012 election chances

Ingraham, crime and the FNM’s election chances
thenassauguardian editorial



The focus of the entire country appears to be on crime. Bahamians are concerned that we are days away from a third homicide record in four years. More and more Bahamians are either telling stories about being victims of crime, or of close friends and relatives being attacked or robbed.

Hubert Ingraham is seeking a fourth mandate. If successful, it would mean he would have ruled this archipelago for 20 years. In 1992, few would have dreamed he would attempt this based on his criticism of Sir Lynden Pindling’s long 25-year stay.

If he is to reach the mark of 20 years as prime minister, Ingraham has to fight through a crime problem that cannot be won by executing a well thought out communications strategy. He and the Free National Movement (FNM) will need successes in 2011.

There appear to be two main problems, on the response side of the equation, fueling the crime surge in The Bahamas.

On the one hand, the national system of prosecution has become dysfunctional. When crimes are committed there must be competent investigations by police, efficient case management by prosecutors and proper trial management by the judiciary.

Our police have not been producing the best cases, our prosecutors have prosecuted little and we do not have enough criminal courts.

The government seems to agree with this analysis.

It has changed leadership at the Royal Bahamas Police Force and at the Department of Public Prosecutions. It is also providing the funding and legislative change necessasry for more courts to begin hearing cases.

But for these changes to lead to the desired results, there must be someone with the strength of will present overseeing the justice system as a whole to ensure they work. That person would also need to have the capacity and energy to ensure other necessary reforms occur.

Both the FNM and the Progressive Liberal Party (PLP) have a laissez faire attitude towards crime. The parties assume that the bureaucrats can deal with the problem. The parties must realize they cannot. Many of the institutions of government left by the British have not been evolved by our post-Independence leaders.

In fact, through years and years of cronyism, they have been eroded. Wholesale reform is needed. And a leader, passionate about the problem and competent enough to fix it, must be found.

The second problem relates to the state lack of willingness to use the necessary type of force when faced with crisis. On Monday night police shot and killed Walden Mitchell, 38, in the rear of the Grove Police Station.

Mitchell had gone on a little crime spree of sorts in the days preceeding his death. This included trying to kill a police officer. Police sourced also said Mitchell sent them a message that he was armed and ready.

What police did in response was what needed to be done. Mitchell was found and eliminated. There are others who need to be found and eliminated.

If the state would use those same officers who so skillfully eliminated Mitchell to find and eliminate some of the hit men, armed home invaders and robbers that are wrecking havoc in The Bahamas, the crime rate would begin to decline.

The state is not as feared as it used to be. People are rioting in front of police stations and attacking senior police officers. People are breaking into police stations and courts. Our leaders must find the courage to sanction what is necessary to push back against those who only understand force.

The saving grace for Ingraham and the FNM is that the PLP has no answers to the crime problem and the electorate knows this. However, voters usually voice their frustrations against incumbents. If “Papa” is to win his forth term, maintaining the status quo on the crime front will not work.

The PLP has the luxury of issuing statements rambling on and on about the crime problem because it is not in power. The FNM has to deliver solutions now because it is the government.

11/24/2010

thenassauguardian editorial

Bahamas Blog Internayional

Clogged Courts... Clogged Justice

Confusion around the courts
tribune242editorial:


NATIONAL Security Minister Tommy Turnquest told Parliament Wednesday that at least 252 persons charged with murder are still awaiting trial. Of that number about 130 are out on bail.

It would be interesting to know how many of those on bail have been charged with a second murder, or have themselves become the victim of another criminal's drive-by shooting. Up to April 30, 130 murder accused were still out on the streets waiting to be called in to face justice.

Lawyer Philip Davis told the House that a murder trial usually takes a month. He estimated that it would take more than 20 years to clear those now waiting for their cases to be heard. "A near impossible" task to deal with, he observed.

The courts are not only clogged with too many cases, but also cases cannot move smoothly and swiftly through the system because of constant delays, either for lack of witnesses, summonses that have not been served, or lawyers who need adjournments because of a conflict in their own calendars.

A businessman, who was to testify this week for a theft at his office, after waiting four hours outside court for the case to be called, vowed that in future unless death were involved, he would never again call in the police to get entangled in the judicial system. "It is ridiculous what happens at the court," he said.

He said his case was set down for Tuesday and Wednesday this week. He arrived at the court at 9.30am on Tuesday. There were so many prisoners already there that everyone was asked to leave the court to make room for them.

He waited with the crowd under the almond tree in front of Café Matisse to find some shelter from the blistering sun. Later he hurried under an awning to be protected from the rain. "I am a middle aged man in good health, but can you imagine what would happen to an older person, not in good health, under these conditions?" he asked. He battled with the sun and rain for four hours before his case was called. When he entered the court room at 1.30pm he was told: "Come back tomorrow."

The next day, he went even earlier to secure a seat at the back of the court. He said that a sympathetic policeman who knew what he had gone through the day before helped him find the seat. His case was the second to be called on Wednesday. He gave his evidence, but believes that there will be at least two more adjournments in the magistrate's court before the case can make it to the Supreme Court.

In the two days that he was there only two cases went ahead. About 40 had to be adjourned because either witnesses had not shown up, or summonses had not been served.

On Tuesday he said in one case alone 15 witnesses were called. Not one was present. Of the 30 cases that day, no one had shown up to give evidence. Each case had to be set down for a new date.

Even a prisoner complained about the non-functioning system. He told the court that that day was the fifth time that he had been brought before the court, but each time his case had been adjourned because no one was there. "This is ridiculous!" he exclaimed.

Also at no time did the businessman feel secure. He said there should be somewhere for witnesses to wait so that they do not have to be so near to the prisoners.

He said all the staff and the police at the court were friendly. However, it was obvious that the court was under staffed.

"It was a total eye opener for me to our criminal justice system," he said as he vowed never again to willingly expose himself to such an experience.

As for murder cases, Mr Turnquest told the House, government will specify an amendment to a bill now before parliament that three years is a reasonable time to hold murder accused in prison to await trial. In our own experience, we know of a case that involved the brutal murder in 2006 of one of our own staff members. The man accused of her murder was back on the streets after only 14 months. He is still a free man and no more has been heard of her case.

Under the constitution, said Mr Turnquest, a person accused of murder has a right to bail if they are not brought to trial in a reasonable time. With the slow pace at which many matters proceed before the courts this has allowed many charged with serious offences to be released on bail, sometimes coercing witnesses or committing other heinous crimes, he said.

"There's no question that the granting of bail to persons charged with murder is particularly controversial and emotive in our country. The public is concerned and rightly so that persons charged with murder are given bail and remain free to coerce, compel, and influence others and tragically to kill again," said Mr Turnquest.

"It is critical that more persons charged with murder have their cases decided by the courts and we believe that this Bill is a step in the right direction," he said.

We suggest that a court be designated just for murder cases with its own staff to bring in the witnesses and keep the cases moving through the system.

June 18, 2010

tribune242

Bahamas Blog International