When will the gun court be ready?
thenassauguardian editorial
Late in January of this year, the government made a big announcement that in conjunction with the judiciary it had set up a gun court in a move to ensure that those found in possession of illegal firearms are quickly prosecuted.
Attorney General John Delaney, Minister of National Security Tommy Turnquest,Commissioner of Police Ellison Greenslade and senior officers from the Royal Bahamas Police Force all attended the news conference, which was held after a meeting with Prime Minister Hubert Ingraham on gun crime.
According to police data, guns were used in 69 out of the 94 homicides recorded in 2010. Out of 17 homicides recorded so far for the year, 14 involved guns. Also last year, 351 illegal firearms and 6,224 rounds of ammunition were seized – an increase over the year before.
That announcement was made on Friday, January 28. Turnquest said that they expected suspects to appear before the court on that following Monday.
Just over four weeks later, The Nassau Guardian reported that while a magistrate had been designated for the speciality court, it still did not have a prosecutor.
And the magistrate who had been hearing the new gun cases has yet to complete any of those new gun cases.
In this space, following the announcement of the gun court, we commended the government for the court’s establishment as part of an overall strategy of driving down the high crime rate in the country.
Today we must ask if the news conference was simply a public relations exercise designed to help quiet the public’s outcry against the country’s troubling crime trends.
We saw a record-breaking murder count last year, and so far we are on pace to repeat that trend.
More than one month after the announcement, the new court is still not functioning in the way that it should.
The government is obviously making an effort to attack the problem of crime and the fear that it has created in our society; however, big news conferences attended by big names in the judiciary and the government need to be followed through with action and results.
There are a lot of illegal guns in this country.
And we still think that a gun court, if run properly and given the necessary resources, could help ensure that suspects are quickly prosecuted. This is an important part of any crime fighting strategy.
Results are not expected overnight, especially in a system that is beset with a significant case backlog. However, announcing the establishment of a court and that suspects would start appearing in a matter of days gives the distinct impression that the facility is ready to function.
This was obviously not the case.
The people deserve more than just lip service.
3/2/2011
thenassauguardian editorial
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 John Delaney. Show all posts
Showing posts with label John Delaney. Show all posts
Thursday, March 3, 2011
Sunday, January 30, 2011
The Bahamas Government is determined to make a full frontal assault on firearm offences
New court to fight gun crime
By TANEKA THOMPSON
Tribune Staff Reporter
tthompson@tribunemedia.net
THE Government last night announced a "full frontal assault" on gun crime, promising to bring those charged with firearm offences to trial in a matter of weeks after they are arraigned.
As of Monday, one magistrate's court will be dedicated to hear firearms cases in an effort to expedite the trial process.
The policy is expected to reduce the number of persons accused of gun crimes out on bail as they await trial.
Officials expect this will lower the chance of these suspects becoming repeat offenders and creating havoc in the community.
"Government is determined to make a full frontal assault on firearm offences. We will do that by, in every case of firearm possession, isolating the gun possession offence and seeking to have the individual tried before court as quickly as possible," said Attorney General John Delaney at a press conference to announce the new policy.
"We believe that by isolating the possession offence we can have a very speedy trial, and that we can get the individual, if he's found guilty, convicted and put away so that he is not available to become a repeat offender, or is not on bail for a very long time and thereby has the potential to create other difficulties," added Mr Delaney, flanked by National Security Minister Tommy Turnquest, top officers of the RBPF and Director of Public Prosecutions Vinette Graham-Allen.
Of the 94 murders in the Bahamas last year, 66 of them were committed with the use of firearms, according to police. As it stands, a person accused of a gun crime is arraigned, then later granted bail and could roam free as they await trial for months, even years.
In many cases, those on bail have been accused of committing other violent crimes. Mr Delaney said the new initiative aims to reduce the gap between arraignment and trial, and curb repeat offences.
"The idea here is developing speed, getting to the point of trial and removing a convicted person off the street and reducing the opportunity for persons who would have been found guilty of an offence, removing the opportunity for them to be on bail and therefore the risk of further offences."
Mr Turnquest said: "When that firearm is recovered we'd like to see that case disposed of swiftly and that criminal death with."
Police prosecutors will handle these cases, said Mr Delaney as he expressed confidence in their expertise.
He said: "The summary trials for the firearm offences will be prosecuted by police prosecutors with the full resources, assistance they might require from the Department of Public Prosecutions within my office. There are good police prosecutors and they have expertise and there's no reason at this time to change that. But at any point of time if, as Attorney General, I thought it appropriate for somebody from the DPP to prosecute a particular offence, that can happen."
Four persons accused of gun crimes are expected to be arraigned in court on Monday. They were arrested under the police force's new operation, Rapid Strike.
January 29, 2011
tribune242
By TANEKA THOMPSON
Tribune Staff Reporter
tthompson@tribunemedia.net
THE Government last night announced a "full frontal assault" on gun crime, promising to bring those charged with firearm offences to trial in a matter of weeks after they are arraigned.
As of Monday, one magistrate's court will be dedicated to hear firearms cases in an effort to expedite the trial process.
The policy is expected to reduce the number of persons accused of gun crimes out on bail as they await trial.
Officials expect this will lower the chance of these suspects becoming repeat offenders and creating havoc in the community.
"Government is determined to make a full frontal assault on firearm offences. We will do that by, in every case of firearm possession, isolating the gun possession offence and seeking to have the individual tried before court as quickly as possible," said Attorney General John Delaney at a press conference to announce the new policy.
"We believe that by isolating the possession offence we can have a very speedy trial, and that we can get the individual, if he's found guilty, convicted and put away so that he is not available to become a repeat offender, or is not on bail for a very long time and thereby has the potential to create other difficulties," added Mr Delaney, flanked by National Security Minister Tommy Turnquest, top officers of the RBPF and Director of Public Prosecutions Vinette Graham-Allen.
Of the 94 murders in the Bahamas last year, 66 of them were committed with the use of firearms, according to police. As it stands, a person accused of a gun crime is arraigned, then later granted bail and could roam free as they await trial for months, even years.
In many cases, those on bail have been accused of committing other violent crimes. Mr Delaney said the new initiative aims to reduce the gap between arraignment and trial, and curb repeat offences.
"The idea here is developing speed, getting to the point of trial and removing a convicted person off the street and reducing the opportunity for persons who would have been found guilty of an offence, removing the opportunity for them to be on bail and therefore the risk of further offences."
Mr Turnquest said: "When that firearm is recovered we'd like to see that case disposed of swiftly and that criminal death with."
Police prosecutors will handle these cases, said Mr Delaney as he expressed confidence in their expertise.
He said: "The summary trials for the firearm offences will be prosecuted by police prosecutors with the full resources, assistance they might require from the Department of Public Prosecutions within my office. There are good police prosecutors and they have expertise and there's no reason at this time to change that. But at any point of time if, as Attorney General, I thought it appropriate for somebody from the DPP to prosecute a particular offence, that can happen."
Four persons accused of gun crimes are expected to be arraigned in court on Monday. They were arrested under the police force's new operation, Rapid Strike.
January 29, 2011
tribune242
Friday, August 27, 2010
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
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
Saturday, July 10, 2010
The Bahamas Government is determined to amend the law to extend the time suspected murderers are held in Her Majesty's Prison Fox Hill without trial
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
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
Sunday, May 16, 2010
Attorney General John Delaney denies port conflict
AG denies port conflict
By KEVA LIGHTBOURNE ~ Guardian Senior Reporter ~ kdl@nasguard.com:
Attorney General John Delaney yesterday dismissed a suggestion that there is a possible conflict of interest with his office acting as the lawyer for the government in the Arawak Cay Port deal and the law firm where he used to be a partner representing the Arawak Cay Port Development Company.
Delaney, who was speaking in the Senate, made it clear that no such position arises as he has excluded himself from any involvement with regard to the matter.
The question of conflict of interest arose when Opposition Senate Leader Allyson Maynard-Gibson called on the government to make a very clear statement on the issue to the Bahamian people so they would be assured that no conflict of interest exists.
Delaney said, "I wish to make it clear that I am a former partner of Higgs and Johnson. I am no longer a partner. There was an inference made by Senator Gibson, who referred to Higgs and Johnson being the attorneys for the Arawak Cay Port Company and me being the attorney general, by inference suggesting that there may be a conflict. In fact, she said she hopes there were none.
"Well I can confirm that in fact there is none. I want to make it clear that I am a former partner of Higgs and Johnson. I am no longer a partner at Higgs and Johnson and moreover I have had absolutely no contact whatsoever in the Office of the Attorney General with respect to this particular matter."
He added, "I insisted that I had absolutely no contact with that matter or indeed any other matter that my firm might have been involved with when I was a partner."
But Maynard-Gibson insisted: "I never said anything about him at all. The attorney general's office is the government's lawyer. That is a fact."
The government has been negotiating with local shipping interests for 18 months to establish the new port at Arawak Cay. A deal with 19 private shareholders was signed on Monday to create the new $65 million port.
The goal is that all commercial shipping will move from Bay Street by Christmas, opening up the city's center for redevelopment. The joint enterprise will be known as the APD Limited.
Delaney was a member of the law firm Higgs and Johnson and managing partner since 2007. He was appointed attorney general last November.
May 14, 2010
thenassauguardian
By KEVA LIGHTBOURNE ~ Guardian Senior Reporter ~ kdl@nasguard.com:
Attorney General John Delaney yesterday dismissed a suggestion that there is a possible conflict of interest with his office acting as the lawyer for the government in the Arawak Cay Port deal and the law firm where he used to be a partner representing the Arawak Cay Port Development Company.
Delaney, who was speaking in the Senate, made it clear that no such position arises as he has excluded himself from any involvement with regard to the matter.
The question of conflict of interest arose when Opposition Senate Leader Allyson Maynard-Gibson called on the government to make a very clear statement on the issue to the Bahamian people so they would be assured that no conflict of interest exists.
Delaney said, "I wish to make it clear that I am a former partner of Higgs and Johnson. I am no longer a partner. There was an inference made by Senator Gibson, who referred to Higgs and Johnson being the attorneys for the Arawak Cay Port Company and me being the attorney general, by inference suggesting that there may be a conflict. In fact, she said she hopes there were none.
"Well I can confirm that in fact there is none. I want to make it clear that I am a former partner of Higgs and Johnson. I am no longer a partner at Higgs and Johnson and moreover I have had absolutely no contact whatsoever in the Office of the Attorney General with respect to this particular matter."
He added, "I insisted that I had absolutely no contact with that matter or indeed any other matter that my firm might have been involved with when I was a partner."
But Maynard-Gibson insisted: "I never said anything about him at all. The attorney general's office is the government's lawyer. That is a fact."
The government has been negotiating with local shipping interests for 18 months to establish the new port at Arawak Cay. A deal with 19 private shareholders was signed on Monday to create the new $65 million port.
The goal is that all commercial shipping will move from Bay Street by Christmas, opening up the city's center for redevelopment. The joint enterprise will be known as the APD Limited.
Delaney was a member of the law firm Higgs and Johnson and managing partner since 2007. He was appointed attorney general last November.
May 14, 2010
thenassauguardian
Monday, April 19, 2010
Privy Council could hear review of [Elizabeth by-election] Election Court decision
Privy Council could hear review of Election Court decision
By KRYSTEL ROLLE ~ Guardian Staff Reporter ~ krystel@nasguard.com:
The review of the Election Court decision handed down last month, validating all of the protest votes in the Elizabeth by-election, could go to the Privy Council, Attorney General John Delaney told The Nassau Guardian recently.
The Office of the Attorney General is currently conducting a review of the decision, which was handed down in favor of the Progressive Liberal Party and its Elizabeth candidate Ryan Pinder on March 23.
"We're having a look to see what avenues might exist with respect to any possibility of having a judicial review with respect to the point of law to the ruling," Delaney said last week.
"Of course there is the position on the statute that on the election court there is no appeal from it. So it's analysis that is presently being done. We'll have to take a look to see whether it is possible to have a review sometime by the Privy Council.
Hours after the decision of the Election Court, Prime Minister Hubert Ingraham said the Office of the Attorney General will review the ruling.
The justices validated all of the five protest votes cast in Pinder's favor in the February 16 by-election, resulting in him winning by three votes.
But Ingraham indicated that the Free National Movement has concerns about the reasoning behind the decision.
"We were surprised by the reasoning for the decision of the Election Court," Ingraham said. "It is outside anything we have known up to now as to the meaning of our law. We will therefore have the Office of the Attorney General undertake a review of the decision so that determinations can be made as to the extent to which any consideration ought to be given to either amending the law or calling upon a higher court to determine the validity of the reasoning issued by the court.
"It is our purpose and intent to ensure that orderly, fair and predictable elections are held in The Bahamas."
Delaney told The Guardian that the review could result in recommendations for changes to be made to the law.
"If there is to be a review, the venues might be a review of a point of law or sometime akin to a judicial review type thing," he said. "But it's really premature for me to speculate on that at this time because, as I said, we're just taking a look to see about possibilities in that connection."
In the Speech from the Throne read on Wednesday by newly-appointed Governor General Sir Arthur Foulkes, the government pledged to bring legislation to amend the Parliamentary Elections Act.
An official from the Office of the Attorney General told The Guardian that the review would be done in short order.
The official, who did not want to be named, said the review would be conducted to determine what, if any amendments needs to be made to the Parliamentary Elections Act.
"The government asked that we conduct a review and in short order, whatever changes if at all would be communicated to Cabinet and Cabinet would seek to have those changes, if such are recommended to legislation, whatever legislation in the form of an amendment, would be brought to the House of Assembly."
He stressed that a judicial review is not the same as an appeal.
"An appeal might make certain findings, it might overturn certain things that may exist," said the official. "A judicial review or reference makes findings but there is nothing that can be done. So the review can determine that the decision made was not in accordance with the law but it can't overturn the decision or ruling made."
thenassauguardian
By KRYSTEL ROLLE ~ Guardian Staff Reporter ~ krystel@nasguard.com:
The review of the Election Court decision handed down last month, validating all of the protest votes in the Elizabeth by-election, could go to the Privy Council, Attorney General John Delaney told The Nassau Guardian recently.
The Office of the Attorney General is currently conducting a review of the decision, which was handed down in favor of the Progressive Liberal Party and its Elizabeth candidate Ryan Pinder on March 23.
"We're having a look to see what avenues might exist with respect to any possibility of having a judicial review with respect to the point of law to the ruling," Delaney said last week.
"Of course there is the position on the statute that on the election court there is no appeal from it. So it's analysis that is presently being done. We'll have to take a look to see whether it is possible to have a review sometime by the Privy Council.
Hours after the decision of the Election Court, Prime Minister Hubert Ingraham said the Office of the Attorney General will review the ruling.
The justices validated all of the five protest votes cast in Pinder's favor in the February 16 by-election, resulting in him winning by three votes.
But Ingraham indicated that the Free National Movement has concerns about the reasoning behind the decision.
"We were surprised by the reasoning for the decision of the Election Court," Ingraham said. "It is outside anything we have known up to now as to the meaning of our law. We will therefore have the Office of the Attorney General undertake a review of the decision so that determinations can be made as to the extent to which any consideration ought to be given to either amending the law or calling upon a higher court to determine the validity of the reasoning issued by the court.
"It is our purpose and intent to ensure that orderly, fair and predictable elections are held in The Bahamas."
Delaney told The Guardian that the review could result in recommendations for changes to be made to the law.
"If there is to be a review, the venues might be a review of a point of law or sometime akin to a judicial review type thing," he said. "But it's really premature for me to speculate on that at this time because, as I said, we're just taking a look to see about possibilities in that connection."
In the Speech from the Throne read on Wednesday by newly-appointed Governor General Sir Arthur Foulkes, the government pledged to bring legislation to amend the Parliamentary Elections Act.
An official from the Office of the Attorney General told The Guardian that the review would be done in short order.
The official, who did not want to be named, said the review would be conducted to determine what, if any amendments needs to be made to the Parliamentary Elections Act.
"The government asked that we conduct a review and in short order, whatever changes if at all would be communicated to Cabinet and Cabinet would seek to have those changes, if such are recommended to legislation, whatever legislation in the form of an amendment, would be brought to the House of Assembly."
He stressed that a judicial review is not the same as an appeal.
"An appeal might make certain findings, it might overturn certain things that may exist," said the official. "A judicial review or reference makes findings but there is nothing that can be done. So the review can determine that the decision made was not in accordance with the law but it can't overturn the decision or ruling made."
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