Govt determined to amend bail law
By NOELLE NICOLLS
Tribune Staff Reporter
nnicolls@tribunemedia.net:
THE government is determined to amend the law to extend the period of time suspected murderers can be held in Her Majesty's Prison without trial, despite the criticism from some in the legal community, said Attorney General John Delaney.
He said so responding to speaker after speaker at the Bahamian Forum who lambasted the legal system for allowing too many charged people to go free on bail. The public discussion forum was hosted by psychiatrist Dr David Allen.
"Our circumstances have outgrown our present system," said Mr Delaney. He said the government had to respond to the demands of the time.
Currently, a person charged with murder or another serious offence can be granted bail if they have not been brought to trial in a reasonable amount of time, based on their constitutional rights.
Prime Minister Hubert Ingraham has indicated that his administration plans to specify in law that a reasonable amount of time would be three years. The effort is aimed at cutting down the number of those charged who re-offend while on bail, and assuage public outcry.
The government's efforts were fully endorsed by Commissioner of Police Ellison Greenslade, who said: "It is time we stop releasing people on bail.
"We are very surprised some days to find a person lying dead in our streets murdered by a person who is on bail for murder and the victim is on bail for murder."
He said he had no shortage of examples of charged offenders who posed a threat to society being out on bail; reoffending while out on bail; or being murdered while out on bail.
There was an arrest made of a Bahamian man who was investigated based on photographs on the social networking website, Facebook. He posed in photographs dressed in a bullet-proof vest, with a marijuana cigarette in his mouth, an AK-47 in one hand and two pistols in the other. Upon investigation, police recovered the illegal guns and drugs. Commissioner Greenslade said if he were asked where that person is today, the answer would be out on bail.
The police recovered $2 million stored in a house in a drug-related incident that resulted in a prosecution. The man charged was a victim of murder while out on bail. The same fate met a man charged in a drug-related incident, where $300,000 worth of cash proceeds of crime were recovered.
Commissioner Greenslade said the obligation of the police was to arrest and charge suspected criminals. He said the police had a high rate of detection and was doing its part. Charges were filed by the police in 103 of 147 cases of illegal weapons since the start of the year. Charges were filed by the police in 35 of 48 murder cases.
Mr Delaney said the Bahamas is experiencing a crime wave on top of having a court system in backlog with laws that are outdated. He said a complex web of problems was working against efforts to control crime, however there has been no other time in history when the government has contributed so "much capital resources to the court system."
In order to solve the problem of a backlog, the government is seeking to double the capacity of the Supreme Court so more cases can he heard simultaneously.
This, Mr Delaney, said involved increasing the physical space, the number of judges and the number of jurors.
He said it is a misperception that only 12 jurors were needed for a criminal matter in the Supreme Court. He said for every 12 jurors, a pool of 50 was needed. He said the Bahamian public has a role to play, by turning up for duty.
Public participant, Felicity Ingraham, said there was also a problem of unethical defence attorneys, who manipulated the system to get criminals out on bail.
"There is a small group of attorneys, someone who is likely to commit a murder knows the attorneys, who they can pay a $5,000 retainer that in 18 months they will be back out on the street. These attorneys know how to work the system, because the system is extremely overcrowded, and the laws haven't been changed," said Ms Ingraham.
"There are certain attorneys who wouldn't do it, but there are certain attorneys who would, and they will look for every loophole to get these people out. Some of them are not even Bahamian and they don't care," she said, to a round of applause from the commissioner and Attorney General.
"I know someone who stabbed a friend of mine 52 times. This was just three years ago and I see him on the street hailing me and I don't understand and I don't necessarily feel safe. It was a domestic issue. I heard this guy before talking about what attorney he is going to go to," said Ms Ingraham.
July 09, 2010
tribune242
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.
Showing posts with label Her Majesty's Prison Bahamas. Show all posts
Showing posts with label Her Majesty's Prison Bahamas. Show all posts
Saturday, July 10, 2010
Monday, July 5, 2010
A drug turf war has escalated within New Providence inner city
Drug war has escalated in inner city, say police
By STAFF WRITER ~ Guardian News Desk:
A drug turf war has escalated within the inner city following the death of a notorious drug dealer, according to police sources.
Police have witnessed an upsurge in murders following the drug dealer's death in 2007, as members of his gang have carried out retaliatory killings and the battle for control of the murdered man's turf has waged on in communities off East Street. A significant number of the 87 murders recorded last year were attributed to this turf war, police said, adding that murders outside of the east Street community are also linked to the war.
Some of those murders remain unsolved as law-abiding citizens fear reprisals for cooperating with police. The fear is real with police acknowledging that witnesses have been killed to prevent them from testifying.
However, this year murders related to the inner city have decreased in part because some of the alleged perpetrators are in prison or are dead, sources allege. Police Commissioner Ellison Greenslade promised to focus on the 'drug war' when he took office in December 2009.
With 48 murders recorded as of yesterday, the country could record its third murder record in four years.
National Security Minister Tommy Turnquest told the House of Assembly recently that more people who are charged with murder are on bail than on remand at Her Majesty's Prison.
Up to April 30, 130 people charged with murder were on bail and an additional 127 were on remand, according to Turnquest. In total, there are 257 outstanding murder cases.
July 5, 2010
thenassauguardian
By STAFF WRITER ~ Guardian News Desk:
A drug turf war has escalated within the inner city following the death of a notorious drug dealer, according to police sources.
Police have witnessed an upsurge in murders following the drug dealer's death in 2007, as members of his gang have carried out retaliatory killings and the battle for control of the murdered man's turf has waged on in communities off East Street. A significant number of the 87 murders recorded last year were attributed to this turf war, police said, adding that murders outside of the east Street community are also linked to the war.
Some of those murders remain unsolved as law-abiding citizens fear reprisals for cooperating with police. The fear is real with police acknowledging that witnesses have been killed to prevent them from testifying.
However, this year murders related to the inner city have decreased in part because some of the alleged perpetrators are in prison or are dead, sources allege. Police Commissioner Ellison Greenslade promised to focus on the 'drug war' when he took office in December 2009.
With 48 murders recorded as of yesterday, the country could record its third murder record in four years.
National Security Minister Tommy Turnquest told the House of Assembly recently that more people who are charged with murder are on bail than on remand at Her Majesty's Prison.
Up to April 30, 130 people charged with murder were on bail and an additional 127 were on remand, according to Turnquest. In total, there are 257 outstanding murder cases.
July 5, 2010
thenassauguardian
Tuesday, June 22, 2010
Holding people charged with murder for up to three years in Her Majesty's Prison without trial 'may be unconstitutional
Holding murder charged for up to three years 'may be unconstitutional'
By TANEKA THOMPSON
Tribune Staff Reporter
tthompson@tribunemedia.net:
THE Government's intent to amend the law to hold people charged with murder in Her Majesty's Prison for up to three years without trial may be "unconstitutional", with some in the legal community arguing it will violate human rights.
Currently, a person charged with murder or another serious offence can be granted bail if they have not been brought to trial in a reasonable amount of time. Prime Minister Hubert Ingraham has indicated that his administration plans to specify in law that a reasonable amount of time would be three years.
It's a move by the Government to cut down on the number of offenders committing crimes while on bail, and assuage public outcry over those accused of murder being granted bail.
However, the decision has garnered criticism in the legal community.
Damian Gomez, partner in the law firm Chilcott Chambers, told The Tribune: "It's a violation of Article 20, it's a violation of Article 19 (of the constitution) and it's a violation of the common law which says that all citizens have the right not to be deprived of their liberty without some cause."
Mr Gomez, a former senator who has been practising law for more than 20 years, added that it is the fault of the police and prosecution for charging persons with serious offences without sufficient evidence in hand to try them quickly.
"If you charge someone with murder you ought to have enough evidence to proceed immediately. If you know the evidence that you have is insufficient to obtain a conviction, you have no basis then for charging them.
"The real issue is why haven't these people been tried within a reasonable amount of time?"
Attorney Paul Moss believes such a practice violates the human rights of innocent people who may be brought up on murder charges and are forced to languish behind bars for years while police and prosecution search for further evidence.
"Everyone wants a criminal to be locked up, but certainly people don't want the innocent to be locked up. Extending (holding) time to three years is not reasonable. I'm not sure that it's constitutional but certainly it is not the answer because all it means is that they are not on bail but after three years they will get bail and what do you do then, extend it to five years?
"If the government, because of its own failure, is unable to get people to court in a timely fashion, the constitution will not bend to them."
Last month, when speaking to Parliament about proposed amendments to the Bail Act and the issue of crime, Mr Ingraham said he is confident the changes will be lawful and stand up in court.
"The only time you cannot deny bail is when the person has not been tried within a reasonable period of time, but there is no such thing as an absolute right to bail, notwithstanding what anybody else says.
"And it is our intention in the Bahamas to propose that in the context of the Bahamas, a reasonable period of time is three years. We are satisfied that such a provision will withstand any challenge before all competent courts of jurisdiction for the Bahamas."
June 22, 2010
tribune242
By TANEKA THOMPSON
Tribune Staff Reporter
tthompson@tribunemedia.net:
THE Government's intent to amend the law to hold people charged with murder in Her Majesty's Prison for up to three years without trial may be "unconstitutional", with some in the legal community arguing it will violate human rights.
Currently, a person charged with murder or another serious offence can be granted bail if they have not been brought to trial in a reasonable amount of time. Prime Minister Hubert Ingraham has indicated that his administration plans to specify in law that a reasonable amount of time would be three years.
It's a move by the Government to cut down on the number of offenders committing crimes while on bail, and assuage public outcry over those accused of murder being granted bail.
However, the decision has garnered criticism in the legal community.
Damian Gomez, partner in the law firm Chilcott Chambers, told The Tribune: "It's a violation of Article 20, it's a violation of Article 19 (of the constitution) and it's a violation of the common law which says that all citizens have the right not to be deprived of their liberty without some cause."
Mr Gomez, a former senator who has been practising law for more than 20 years, added that it is the fault of the police and prosecution for charging persons with serious offences without sufficient evidence in hand to try them quickly.
"If you charge someone with murder you ought to have enough evidence to proceed immediately. If you know the evidence that you have is insufficient to obtain a conviction, you have no basis then for charging them.
"The real issue is why haven't these people been tried within a reasonable amount of time?"
Attorney Paul Moss believes such a practice violates the human rights of innocent people who may be brought up on murder charges and are forced to languish behind bars for years while police and prosecution search for further evidence.
"Everyone wants a criminal to be locked up, but certainly people don't want the innocent to be locked up. Extending (holding) time to three years is not reasonable. I'm not sure that it's constitutional but certainly it is not the answer because all it means is that they are not on bail but after three years they will get bail and what do you do then, extend it to five years?
"If the government, because of its own failure, is unable to get people to court in a timely fashion, the constitution will not bend to them."
Last month, when speaking to Parliament about proposed amendments to the Bail Act and the issue of crime, Mr Ingraham said he is confident the changes will be lawful and stand up in court.
"The only time you cannot deny bail is when the person has not been tried within a reasonable period of time, but there is no such thing as an absolute right to bail, notwithstanding what anybody else says.
"And it is our intention in the Bahamas to propose that in the context of the Bahamas, a reasonable period of time is three years. We are satisfied that such a provision will withstand any challenge before all competent courts of jurisdiction for the Bahamas."
June 22, 2010
tribune242
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