'Time To Decide On Death Penalty'
By SANCHESKA BROWN
Tribune Staff Reporter
sbrown@tribunemedia.net
BAHAMAS
Bar Council President, Ruth Bowe-Darville, is calling on the Bahamas to
take a firm legislative position on the death penalty.
Her remarks came during a
meeting of the Bahamas Constitutional Commission yesterday where she
represented the Council’s position on several areas of constitutional
reform.
“The
country needs to determine its position on the death penalty,” Mrs.
Bowe-Darville said, “We are being urged on by several international
agencies that firmly pronounce against the death penalty and then there
is the legal precedent of Pratt and Morgan vs The Attorney General of
Jamaica that has reduced many sentences to life imprisonment due to the
inordinate and excessive delay in carrying out a lawful sentence.”
She
also warned against the haste of implementing the Caribbean Court of
Justice to replace the Privy Council as the most influential body to
advise the head of state of the nation.
“Regrettably,
there is no firm resolve by Bar members for replacing the Judicial
Committee of the Privy Council with the Caribbean Court of Justice.
However, whether we sign on to the CCJ or retain the Privy Council, the
decisions of our final court must be observed by the Executive as well
as the judicial and legislative branches of our country, so that respect
for the Rule of Law is entrenched in our culture. Perhaps, now is not
the time for the CCJ,” she said.
Mrs.
Bowe-Darville also called for the establishment of several new
appointments with the Judicial system, including an Office of an
Independent Director of Public Prosecutions, an Office of Public
Defender, and the establishment of an Ombudsman.
“In
re-assessing the needs of our country and being forever cognizant of
the prevailing social and economic ills in our society, the introduction
of an Office of an Independent Director of Public Prosecutions as an
entrenched provision of our Constitution is welcomed. Such an office
should in principle alleviate the burden on the Office of the Attorney
General in the area of criminal prosecution. However, such an office
must be given the autonomy to perform the task, sans political
interference,” she said.
“Further
the proposition should also extend to the establishment of an Office of
Public Defender. Such a department could ultimately be a boost to the
Office of the Director of Public Prosecutions, it will complement it. It
is proposed there be a recommendation for the establishment of an
Ombudsman. This office, like that of the independent Director of Public
Prosecutor, will require the appointment of a person with a significant
degree of independence who is charged with representing the interests of
the public by investigating and addressing the complaints of
maladministration or violation of rights. The Ombudsman generally seeks
to promote and protect human rights,” she said.
February 26, 2013
