Although the public is clamouring for government to start hanging those now on death row, the law has to be followed and so far the Privy Council rulings are almost cutting down the hangman's noose

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WE AGREE with Security Minister Tommy Turnquest that it is going to become increasingly more difficult to hang convicted murderers.

Although the public is clamouring for government to start hanging those now on death row, the law has to be followed and so far Privy Council rulings are almost cutting down the hangman's noose.

In 1993 the Bahamas discovered that a hanging could not be carried out because the Privy Council had earlier ruled in a Jamaican case that it was inhumane for a prisoner to wait more than five years on death row for their sentences to be carried out. After five years a death sentence was commuted to life imprisonment. Ever since then clever lawyers have protected their clients by court delays stretching past the five year limit.

Then in 2006 the Privy Council ruled that mandatory death sentences were unconstitutional. Each case had to be considered on its individual merits before sentence could be passed.

However, the Privy Council decision in the Max Tido case, in which 16-year-old Donnell Conover was brutally murdered, has almost ended capital punishment in the Bahamas. The Privy Council sent Tido's case back to the Bahamas appeals court saying that it was not a murder that warranted the most extreme punishment of death. It was returned "for the imposition of an appropriate sentence." The angry reaction here from both religious and civic organisations was to give the boot to the Privy Council, and do it our way -- "hang 'em high."

However, despite the Privy Council ruling the government is working on draft legislation that will target prolific and repeat offenders and outline specific categories of murders.

Nevertheless, it was Mr Turnquest's view that whether it be the Privy Council in London or the judges in the Caribbean "more and more jurists are going to find more and more obstacles to put in the way of governments from carrying out capital punishment." That, he added, is the "reality of life."

Therefore, he said, the concentration should be to get "those prolific killers, those prolific offenders, behind bars and off our streets." In the case of murderers, life imprisonment should mean "life until death do us part."

As we have already suggested in this column those who have a life sentence should be turned into useful citizens -- even though they are behind prison walls. A large acreage of Crown land should be opened for them to farm, thus allowing them to make a contribution to this country's food supply. Between our local farmers and the prisoners this country could be almost self sufficient in fruits and vegetables. This would certainly take some of the burden off our foreign reserves.

However, there has recently been a turn of events in England with regard to capital punishment that is worth watching. And it will probably get more traction now that young hoodlums are thumbing their noses at police and setting London and other regions on fire just for the hell of it. The British are fed up with lax laws and are demanding more punishment for law breakers.

The British government -- in a move to bring democracy directly to the people -- has installed a new site for e-petitions allowing the public to have their issues debated in Parliament provided they get enough support online to do so. Restoration of the death penalty is now a burning issue. The traffic on the site was so high on this subject -- more than 1,000 people a minute -- that the site broke down. It was not designed for such heavy traffic.

"We are getting 1000 unique visits a minute - this is equivalent to nearly 1.5 million visits a day and is far more than the old ePetitions site on Number 10 ever received," said a government spokesman in apologising for the breakdown.

The restoration of capital punishment now looks as though it is going to be one of the first items for debate on the Commons' agenda. It will be the first Commons vote on capital punishment since 1998. The last hangings in Britain were in 1964.

Although British Prime Minister David Cameron does not think that "in a civilised society like ours that you can have the death penalty any more," Priti Patel, MP for Witham in Essex, felt that such a debate would "provide a good opportunity to talk about the failings of our existing criminal justice system." So many victims of the "most horrendous and heinous crimes," he said, "have no sense of justice."

He echoes the words of Donnell Conover's father who on hearing the Privy Council's decision on Tido's future said: "It is really sickening -- I feel as if there is no justice in the world for a victim's family."

August 10, 2011

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Caribbean Blog International

Branville McCartney calls for the enforcement of penalties for minor offences to bring a sense of order to The Bahamas

'We are living in a lawless society'
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A disregard for the country's laws and rising crime levels have created a "lawless" society, said former Cabinet Minister Branville McCartney as he called for the enforcement of penalties for minor offences to bring a sense of order to the Bahamas.

"When you look at crime, crime is out of control, we live in a lawless society, I don't care what the politicians say. We need to start sweating the small stuff," said the Bamboo Town MP during a recent interview with The Tribune.

The "small stuff", according to Mr McCartney, includes enforcing penalties for minor crimes like speeding, running stop lights and stop signs, parking in no-parking zones and the sale of counterfeit goods in business establishments.

Addressing the highly publicised arrests of nine straw vendors who are awaiting trial in New York for allegedly buying counterfeit designer bags they were planning to sell back home, Mr McCartney said this is an example of an area where the local authorities had fallen down on law enforcement.

"For example with the straw vendors recently, the fact of the matter is what they are doing is illegal," he said.

After the nine vendors were arrested, counterfeit bags bearing the logos of top designer brands remained on many shelves in the market. Some vendors claim the bags are top sellers, bringing in more revenue than locally made souvenirs.

This reasoning sends a "terrible message" to the nation's youth, Mr McCartney said.

He continued: "They also say that's what the tourists want. Well if the tourist wants illegal drugs are you going to give them that? If they want you to rob a bank, you going to do that?

"If people see that there are consequences for illegal actions, that's a deterrent. If people are parked in a no-parking zone they should be punished. You sweat the small stuff and things will start falling into place.

"You go to Miami, you click your seat belt. Persons will put on their seat belt because they will be fined. A simple camera on the stop light will be a deterrent (because) you know a ticket is coming right away."

Mr McCartney, former chairman of the Chamber of Commerce's Crime Prevention Committee, said he is an advocate of corporal and capital punishment. "I believe in (flogging) 100 per cent. That makes an example and people will take note - drastic times require drastic measures.

"I also believe in capital punishment. That is still the law today, we have some road blocks but we are the government and we need to do things to remove these road blocks and start hanging these people who have been sentenced to death (because) the criminal is winning," he said.

Hanging and flogging remain on the country's law books, but have not been carried out for some time due to legal appeals.

All six condemned inmates at Her Majesty's Prison have active court proceedings: Maxo Tido is appealing his conviction and sentencing before the Judicial Council of the Privy Council in the United Kingdom, while Godfrey Sawyer, Wilfred McPhee, Edwin Bauld Jr, Frank Pinder and Renaldo Bonaby have all lodged proceedings at the Court of Appeal in Nassau.

October 05, 2010

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Bahamas Blog International