This Time, Every One Got it Right
The Bahama Journal Editorial
Like others who would like to be on the right side of things for as long as this is humanly possible; we say without cant or equivocation that, [and here, however this wonderful thing was done] the fact now remains that, all who had to weigh in on the decision to have Justice Anita Allen elevated to the high post of President of the Court of Appeal, have all gotten this one -- this time around-- quite right.
We too congratulate this fine jurist, who in a life-time of dedicated service has also been wife and mother – and confidante par excellence to some whose path she crossed.
We also thank her husband, the Hon. Algernon S.P.B. Allen for the part that he has clearly played –as husband and as life-long friend to his ‘Nita’.
Yet again, we insist, this good friend of ours is a jolly good fellow; and a nation-builder in his own right; and so today, we wish the Allen and Bethel families as we weigh in with deserved kudos to Senior Justice Allen on her assumption of her new post.
She is absolutely deserving of this promotion.
For her part, Justice Allen indicated that, she was humbled as well as uplifted by the outpouring of congratulations and by the confidence placed in her by the appointment.
And she stated - "I assure the Prime Minister and the people of the Bahamas who seek justice before the Court of Appeal that my colleagues and I will dispense justice in accordance with the highest judicial standards…”
And ever gracious, Justice Allen thanked her predecessor in office by noting that; "I offer my thanks to my predecessor in office, Dame Joan Sawyer who has given long service to the judiciary. I congratulate her for her efforts in cultivating the relationship between the Bahamas and the Privy Council and for enhancing the delivery of justice in the Court of Appeal through computerization and other innovations…"
As the new president also suggested, “Let me state emphatically that the collegiality and necessary interaction between the Supreme Court and the Court of Appeal must be restored and nurtured. There must never be an appearance of an adversarial stance between the two courts… they must be complementary to each other while exercising separate jurisdictions."
In addition, she indicated that, "I believe the establishment of a judicial council or judicial studies abroad which has as its function the provision of judicial education is also timely and will improve the quality of justice in our Bahama land.
"We already have a cadre of judges, retired judges, registrars and magistrates who are trained at the Commonwealth Judicial Education Institute in Halifax, Canada, and who can assist in the development and implementation of judicial education programmes."
We second this motion; and yet again –as we learn from recent media reports - “New Court of Appeal President Anita Allen called her appointment to the head of the Bahamas' appellate court the "culmination and exclamation point of a lifelong love and passion for the law."
Here we can also note that, “Judge Allen, formerly a senior justice of the Supreme Court, was sworn in [this Friday past] as the new president of the Bahamas Court of Appeal at a brief ceremony at Government House attended by about 300 guests.
As Judge Allen so rightly stated – “There are defining moments in one's life, and certainly, today is one of them for me. It is the culmination and exclamation point of a lifelong love of and passion for the law…"
How very beautiful; and here we repeat for deserved emphasis, ““There are defining moments in one's life, and certainly, today is one of them for me. It is the culmination and exclamation point of a lifelong love of and passion for the law…"
And indeed, there are those defining moments in every life; where some taken do lead to a life of service; grounded in love for a nation and its people.
By the same token, there are times in life when once embarked on the wrong road – the word everywhere blares out the words, No Exit.
Evidently, the moral in the tale – as illuminated in Justice Allen’s poignant words is that, we should all take time to know better than better how the time one has been allotted will be spent.
Therefore, you must be ever so careful once this choice of path ahead confronts and begs for decision.
Anita Allen took a road that has led to the pinnacle of success in her vocation; and so today, we attest and affirm that, we are in fullest agreement with the nation’s Chief when he says that, Justice Anita Allen was "well qualified and suited to be elevated to the Court of Appeal."
Yes and of course, yes – this fine Bahamian is eminently qualified for the post that is now hers.
November 29th, 2010
The Bahama Journal 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 Supreme Court Bahamas. Show all posts
Showing posts with label Supreme Court Bahamas. Show all posts
Monday, November 29, 2010
Friday, June 18, 2010
Clogged Courts... Clogged Justice
Confusion around the courts
tribune242editorial:
NATIONAL Security Minister Tommy Turnquest told Parliament Wednesday that at least 252 persons charged with murder are still awaiting trial. Of that number about 130 are out on bail.
It would be interesting to know how many of those on bail have been charged with a second murder, or have themselves become the victim of another criminal's drive-by shooting. Up to April 30, 130 murder accused were still out on the streets waiting to be called in to face justice.
Lawyer Philip Davis told the House that a murder trial usually takes a month. He estimated that it would take more than 20 years to clear those now waiting for their cases to be heard. "A near impossible" task to deal with, he observed.
The courts are not only clogged with too many cases, but also cases cannot move smoothly and swiftly through the system because of constant delays, either for lack of witnesses, summonses that have not been served, or lawyers who need adjournments because of a conflict in their own calendars.
A businessman, who was to testify this week for a theft at his office, after waiting four hours outside court for the case to be called, vowed that in future unless death were involved, he would never again call in the police to get entangled in the judicial system. "It is ridiculous what happens at the court," he said.
He said his case was set down for Tuesday and Wednesday this week. He arrived at the court at 9.30am on Tuesday. There were so many prisoners already there that everyone was asked to leave the court to make room for them.
He waited with the crowd under the almond tree in front of Café Matisse to find some shelter from the blistering sun. Later he hurried under an awning to be protected from the rain. "I am a middle aged man in good health, but can you imagine what would happen to an older person, not in good health, under these conditions?" he asked. He battled with the sun and rain for four hours before his case was called. When he entered the court room at 1.30pm he was told: "Come back tomorrow."
The next day, he went even earlier to secure a seat at the back of the court. He said that a sympathetic policeman who knew what he had gone through the day before helped him find the seat. His case was the second to be called on Wednesday. He gave his evidence, but believes that there will be at least two more adjournments in the magistrate's court before the case can make it to the Supreme Court.
In the two days that he was there only two cases went ahead. About 40 had to be adjourned because either witnesses had not shown up, or summonses had not been served.
On Tuesday he said in one case alone 15 witnesses were called. Not one was present. Of the 30 cases that day, no one had shown up to give evidence. Each case had to be set down for a new date.
Even a prisoner complained about the non-functioning system. He told the court that that day was the fifth time that he had been brought before the court, but each time his case had been adjourned because no one was there. "This is ridiculous!" he exclaimed.
Also at no time did the businessman feel secure. He said there should be somewhere for witnesses to wait so that they do not have to be so near to the prisoners.
He said all the staff and the police at the court were friendly. However, it was obvious that the court was under staffed.
"It was a total eye opener for me to our criminal justice system," he said as he vowed never again to willingly expose himself to such an experience.
As for murder cases, Mr Turnquest told the House, government will specify an amendment to a bill now before parliament that three years is a reasonable time to hold murder accused in prison to await trial. In our own experience, we know of a case that involved the brutal murder in 2006 of one of our own staff members. The man accused of her murder was back on the streets after only 14 months. He is still a free man and no more has been heard of her case.
Under the constitution, said Mr Turnquest, a person accused of murder has a right to bail if they are not brought to trial in a reasonable time. With the slow pace at which many matters proceed before the courts this has allowed many charged with serious offences to be released on bail, sometimes coercing witnesses or committing other heinous crimes, he said.
"There's no question that the granting of bail to persons charged with murder is particularly controversial and emotive in our country. The public is concerned and rightly so that persons charged with murder are given bail and remain free to coerce, compel, and influence others and tragically to kill again," said Mr Turnquest.
"It is critical that more persons charged with murder have their cases decided by the courts and we believe that this Bill is a step in the right direction," he said.
We suggest that a court be designated just for murder cases with its own staff to bring in the witnesses and keep the cases moving through the system.
June 18, 2010
tribune242
tribune242editorial:
NATIONAL Security Minister Tommy Turnquest told Parliament Wednesday that at least 252 persons charged with murder are still awaiting trial. Of that number about 130 are out on bail.
It would be interesting to know how many of those on bail have been charged with a second murder, or have themselves become the victim of another criminal's drive-by shooting. Up to April 30, 130 murder accused were still out on the streets waiting to be called in to face justice.
Lawyer Philip Davis told the House that a murder trial usually takes a month. He estimated that it would take more than 20 years to clear those now waiting for their cases to be heard. "A near impossible" task to deal with, he observed.
The courts are not only clogged with too many cases, but also cases cannot move smoothly and swiftly through the system because of constant delays, either for lack of witnesses, summonses that have not been served, or lawyers who need adjournments because of a conflict in their own calendars.
A businessman, who was to testify this week for a theft at his office, after waiting four hours outside court for the case to be called, vowed that in future unless death were involved, he would never again call in the police to get entangled in the judicial system. "It is ridiculous what happens at the court," he said.
He said his case was set down for Tuesday and Wednesday this week. He arrived at the court at 9.30am on Tuesday. There were so many prisoners already there that everyone was asked to leave the court to make room for them.
He waited with the crowd under the almond tree in front of Café Matisse to find some shelter from the blistering sun. Later he hurried under an awning to be protected from the rain. "I am a middle aged man in good health, but can you imagine what would happen to an older person, not in good health, under these conditions?" he asked. He battled with the sun and rain for four hours before his case was called. When he entered the court room at 1.30pm he was told: "Come back tomorrow."
The next day, he went even earlier to secure a seat at the back of the court. He said that a sympathetic policeman who knew what he had gone through the day before helped him find the seat. His case was the second to be called on Wednesday. He gave his evidence, but believes that there will be at least two more adjournments in the magistrate's court before the case can make it to the Supreme Court.
In the two days that he was there only two cases went ahead. About 40 had to be adjourned because either witnesses had not shown up, or summonses had not been served.
On Tuesday he said in one case alone 15 witnesses were called. Not one was present. Of the 30 cases that day, no one had shown up to give evidence. Each case had to be set down for a new date.
Even a prisoner complained about the non-functioning system. He told the court that that day was the fifth time that he had been brought before the court, but each time his case had been adjourned because no one was there. "This is ridiculous!" he exclaimed.
Also at no time did the businessman feel secure. He said there should be somewhere for witnesses to wait so that they do not have to be so near to the prisoners.
He said all the staff and the police at the court were friendly. However, it was obvious that the court was under staffed.
"It was a total eye opener for me to our criminal justice system," he said as he vowed never again to willingly expose himself to such an experience.
As for murder cases, Mr Turnquest told the House, government will specify an amendment to a bill now before parliament that three years is a reasonable time to hold murder accused in prison to await trial. In our own experience, we know of a case that involved the brutal murder in 2006 of one of our own staff members. The man accused of her murder was back on the streets after only 14 months. He is still a free man and no more has been heard of her case.
Under the constitution, said Mr Turnquest, a person accused of murder has a right to bail if they are not brought to trial in a reasonable time. With the slow pace at which many matters proceed before the courts this has allowed many charged with serious offences to be released on bail, sometimes coercing witnesses or committing other heinous crimes, he said.
"There's no question that the granting of bail to persons charged with murder is particularly controversial and emotive in our country. The public is concerned and rightly so that persons charged with murder are given bail and remain free to coerce, compel, and influence others and tragically to kill again," said Mr Turnquest.
"It is critical that more persons charged with murder have their cases decided by the courts and we believe that this Bill is a step in the right direction," he said.
We suggest that a court be designated just for murder cases with its own staff to bring in the witnesses and keep the cases moving through the system.
June 18, 2010
tribune242
Monday, March 21, 2005
Sidney Stubbs, Holy Cross Member of Parliament Has Four Days To Resolve Bankruptcy Matter
Friday is a holiday, leaving Sidney Stubbs just four working days to settle his bankruptcy matter
Stubbs Has Five Days To Resolve Bankruptcy Matter
By Candia Dames
Nassau, The Bahamas
March 21, 2005
Holy Cross Member of Parliament Sidney Stubbs has reportedly started paying costs associated with his defeat in the Court of Appeal against his bankruptcy order issued by Supreme Court Justice Jeanne Thompson last year.
Mr. Stubbs is approaching the first anniversary since he was declared a bankrupt. Meanwhile it will be one year since he took up his seat in the House of Assembly.
Wayne Munroe, who represents Mr. Stubbs’s former creditor, Gina Gonzalez, has confirmed that his team will be seeking payment from Mr. Stubbs as a result of the case arising out of the Supreme Court.
Meanwhile, the Holy Cross Member of Parliament also faces an end to the deadline of March 25 granted to him after the House of Assembly approved a resolution for him to appeal the bankruptcy matter.
Mr. Munroe said on Sunday that he was not aware whether a court date had been set for the matter to return to court.
Back in January, Chief Justice Sir Burton Hall determined that under the Bankruptcy Act, Mr. Stubbs first had to settle debts with existing creditors before the order can be annulled, and that a settlement of debt with the creditor who brought the original action was not enough for an annulment.
Mr. Stubbs has argued that he has paid his debt to Ms. Gonzalez, which ought to have been enough to clear him.
If the matter is not settled before this Friday, the government would have to make a determination as to whether it would bring another resolution seeking more time for the Holy Cross MP.
It is something government officials have been trying to avoid, given the controversy the first resolution caused in the House of Assembly in September.
While some of Mr. Stubbs’s parliamentary colleagues appear confident that he would soon be able to put the matter behind him, they had been hoping that it would have been settled before the end of the six-month extension.
But that is appearing more unlikely as Friday is a holiday, leaving Mr. Stubbs just four working days to bring the matter to a close.
Government Leader in the House of Assembly Vincent Peet told The Bahama Journal last week that officials remained hopeful that there would be no need for another resolution, and indicated that that decision could not be made as long as there was still time remaining on the extension.
Some observers have pointed out that the resolution past last year is in fact ineffective given that Mr. Stubbs is not presently engaged in the process of pursuing an appeal.
A source close to Mr. Stubbs’s case claimed that ever since leaving court in January, he has been working hard to address the matter of outstanding creditors and attempting to pay off his debts.
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