The Privy Council and the death penalty in The Bahamas... Tommy Turnquest on the issue of capital punishment

Turnquest defends the role of the Privy Council


By LAMECH JOHNSON
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THE London-based Privy Council has been portrayed as an obstacle to the Bahamas carrying out the death penalty, but this is not the case, according to a senior cabinet minister.

Minister of National Security Tommy Turnquest told The Tribune the Council's past rulings on the issue of capital punishment in the Bahamas, which was last carried out in 2001 under the first FNM administration, were more about the process than the policy.

He said: "While members on the judicial committee of the Privy Council may have views against the death penalty, their judgments have essentially been more about process than about the penalty itself. And that process itself has had a number of landmark rulings."

Mr Turnquest said these include the stipulation that cases be tried within a reasonable period of time, defined as five years, and the stipulation that the conviction and sentencing of a person cannot be carried out at the same time.

"That process is there for a reason and today it might be someone else, but tomorrow it might be your family member. So we just want to ensure that the process is followed," he said.

Mr Turnquest acknowledged that the government tracks cases closely after they leave the Court of Appeal, but defended the role of the Privy Council as the top court of the Bahamas, saying the arrangement is beneficial for the country.

"The Bahamas has decided for very good reasons not to do away with the Privy Council. The whole idea of having the Privy Council has served us well particularly in terms of our banking and financial industries and in terms of our commercial law," the minister said.

With the murder count near 60 in less than six months and several accused killers out on bail, the government has been called on to follow through with the death penalty, which is on the law books.

Mr Turnquest said he is a strong advocate for capital punishment, but he is also an "advocate for the rule the law."

"I, myself, am a proponent for capital punishment but there is a process we have to go through," he said.

That process includes the Privy Council, which is the ultimate court of appeal - above the Court of Appeal, Supreme Court, Industrial Tribunal and Magistrate's Courts, he said.

Mr Turnquest also defended the government's performance on crime and efforts to upgrade the judicial system.

He said: "The government continues to work with the judiciary on improving the criminal justice system. The government has taken some steps in that regard from an infrastructural point of view, in terms of ensuring that there are sufficient courts but also in terms of human resources and ensuring that we have the manpower and other resources to get it done."

These efforts, he said, have helped cut the backlog of cases yet to be heard.

June 15, 2011

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