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
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 director of public prosecutions Bahamas. Show all posts
Showing posts with label director of public prosecutions Bahamas. Show all posts
Friday, August 27, 2010
Wednesday, August 11, 2010
Cheryl Grant Bethel should be Fired in the Public's Interest
By Dennis Dames:
I am profoundly disappointed in Ms. Cheryl Grant Bethel’s ugly public behavior in regards to her quest to challenge the government’s decision to hire the new Director of Public Prosecutions - Jamaican born, Ms. Vinette Graham Allen. She feels that the Job is constitutionally her own. It reminds me of the Freeport attorney who thought that the prime minister should have included him on the Q.C. list in the last batch of successful candidates; so he sought legal advice in his nonsensical endeavor to compel the PM to recommend him to be a Queen’s Counsel.
I saw a recent headline where the official opposition PLP has encouraged their women to support the folly of Ms. Grant Bethel. I hope that PLP women with foreign husbands working in The Bahamas – doing work that Bahamians are qualified to do would see the wisdom in staying away from this lost cause. This goes too - for PLP men with non-Bahamian wives with Jobs here that Bahamians are capable of doing.
There are too many people in the public and private sectors who feel that the next step up the ladder belongs to them exclusively, or the man’s job is theirs until death separates them. My advice to them is to start your own enterprise where you could occupy any position that you desire until you die.
It is my view that Ms. Grant Bethel should be fired immediately from the public service, because she has terribly compromised her integrity – and is showing a thug mentality unbecoming of a senior officer. It’s time for the powers that be to put their foot down and show Ms. Bethel who’s in charge; send her home!
Congratulations are in order for Ms. Vinette Graham Allen, and welcome to The Bahamas. We trust that you would help us get things in order in regards to law and order in our beloved country. Don’t mind the noise in the market Madame; it’s the price of the fish that concerns us. All the best to you and yours and God bless.
Bahamas Blog International
I am profoundly disappointed in Ms. Cheryl Grant Bethel’s ugly public behavior in regards to her quest to challenge the government’s decision to hire the new Director of Public Prosecutions - Jamaican born, Ms. Vinette Graham Allen. She feels that the Job is constitutionally her own. It reminds me of the Freeport attorney who thought that the prime minister should have included him on the Q.C. list in the last batch of successful candidates; so he sought legal advice in his nonsensical endeavor to compel the PM to recommend him to be a Queen’s Counsel.
I saw a recent headline where the official opposition PLP has encouraged their women to support the folly of Ms. Grant Bethel. I hope that PLP women with foreign husbands working in The Bahamas – doing work that Bahamians are qualified to do would see the wisdom in staying away from this lost cause. This goes too - for PLP men with non-Bahamian wives with Jobs here that Bahamians are capable of doing.
There are too many people in the public and private sectors who feel that the next step up the ladder belongs to them exclusively, or the man’s job is theirs until death separates them. My advice to them is to start your own enterprise where you could occupy any position that you desire until you die.
It is my view that Ms. Grant Bethel should be fired immediately from the public service, because she has terribly compromised her integrity – and is showing a thug mentality unbecoming of a senior officer. It’s time for the powers that be to put their foot down and show Ms. Bethel who’s in charge; send her home!
Congratulations are in order for Ms. Vinette Graham Allen, and welcome to The Bahamas. We trust that you would help us get things in order in regards to law and order in our beloved country. Don’t mind the noise in the market Madame; it’s the price of the fish that concerns us. All the best to you and yours and God bless.
Bahamas Blog International
Saturday, July 3, 2010
Bahamian Courts need better administration
Courts need better administration
tribune242 editorial:
A RETIRED police officer is concerned that no matter how many judges are brought in to strengthen the Bench, nor how many court buildings are constructed or renovated in which more cases can be heard, nothing is going to reduce the court's logjam until the judicial system is better administered.
Prime Minister Hubert Ingraham himself recognises this. In his budget address to the House in which he outlined government's proposals to improve the system, he acknowledged that "notwithstanding efforts made in the past we have not been nearly as effective as The Bahamas deserves in the administration of the judicial and legal system."
A new director of public prosecutions is arriving in August to take up the post with two persons already in the Attorney General's office elevated to the positions of deputy prosecutors. Mr Ingraham said that there has been "a serious problem with the management of criminal cases -- a problem of untold magnitude."
That problem is reflected in the community causing Police Commissioner Ellison Greenslade to acknowledge that on the crime scene today most victims and those committing murders have previously been arrested and charged in connection with other serious crimes. Often, said the Commissioner, they have been arraigned in a Magistrate's court on charges of murder, or illegal firearms, drug possession, armed robbery or other violent crimes and released on bail.
Once they have been freed they return to their communities and continue committing crimes, allowing violence to permeate the neighbourhoods, he said. In other words the revolving door syndrome has suffocated our courts, because cases are not being dealt with efficiently. The root cause? Adjournments.
Mr Paul Thompson, retired deputy commissioner of police, said that recently a person accused of a minor offence wanted to visit Miami, but a court date was interfering with his plans. His lawyer told him not to worry, to go ahead as he would arrange an adjournment.
"That," said Mr Thompson, "would have never happened under Magistrate Wilton Hercules. In the old days you had to appear in person before the magistrate and request an adjournment." Magistrate Hercules, feared by the criminal class, would have probably refused the request -- particularly if it was frivolous. He would have proceeded with the case. No one did foolishness in his court, and everything moved on time. But today there is adjournment after adjournment -- many stretching into years -- is the order of the day. No wonder the cases are stacking up and gathering dust and witnesses are either losing their memories or disappearing.
Another problem, said Mr Thompson, is that an accused person has a constitutional right to choose his own lawyer. Suppose, said Mr Thompson, you have a hundred accused asking for the same lawyer, then immediately cases start backing up until the overbooked lawyer is available to take each case in turn. This, said Mr Thompson, is a major problem that has to be solved if the court calendar is to move smoothly.
Mr Thompson referred to a case that was due in court on Wednesday for final judgment. The case involved the possession of 2,500 rounds of ammunition, hidden in baby clothing. It was discovered by Customs when it arrived by boat at Kelly's dock in early 2008. For two years there was adjournment after adjournment. On Wednesday -- which was supposed to be the final day -- the case was again adjourned, this time to September 16.
"Imagine," exclaimed Mr Thompson, "a simple case of possession that should have taken the court an half hour to an hour has now taken two years and is not yet finished!"
Another case in which he was interested was also set down for Wednesday. It was a case of the arrest of a sole occupant of a car that contained several guns -- Ruger, Remington and Maverick - and several rounds of ammunition. That arrest was made on October 23, 2006 -- nearly four years ago. It was set down for hearing on the prosecutor's list for this Wednesday. However, when Mr Thompson arrived at court on Wednesday, he was told that it was not on the prosecutor's list for that day or any other day for that matter. So what has happened? Is it just going to slide over the edge and get lost?
Mr Thompson named many other simple cases that should have occupied very little time on the calendar, yet they have been dragged over the years. While he was at the court on Wednesday a case for firearm possession came up. "It was a simple possession case," said Mr Thompson, "where only three police witness were needed -- the two officers to tell the magistrate what they found and a third officer from the Armoury to testify that the firearm being held was listed under the Firearms Act. Yet this case was adjourned to March next year."
On Monday we shall tell how this problem was nipped in the bud in 1980 when no-show witnesses -- particularly police officers -- never turned up to give evidence.
When Pericles Maillis acted for a time as magistrate he issued a warrant for the immediate arrest of a police constable who had not shown up to give his testimony. The constable, brought to court under arrest, was made to wait in the prisoner's dock until the case was called. He complained of being "embarrassed."
If this non-appearance continues, said Mr Maillis at the time, there "is going to be a breakdown in law and order in the Bahamas."
And that is exactly what has happened -- it continued and it broke down. Until the individual courts are better managed, cases will continue to take up unnecessary space.
July 02, 2010
tribune242 editorial
tribune242 editorial:
A RETIRED police officer is concerned that no matter how many judges are brought in to strengthen the Bench, nor how many court buildings are constructed or renovated in which more cases can be heard, nothing is going to reduce the court's logjam until the judicial system is better administered.
Prime Minister Hubert Ingraham himself recognises this. In his budget address to the House in which he outlined government's proposals to improve the system, he acknowledged that "notwithstanding efforts made in the past we have not been nearly as effective as The Bahamas deserves in the administration of the judicial and legal system."
A new director of public prosecutions is arriving in August to take up the post with two persons already in the Attorney General's office elevated to the positions of deputy prosecutors. Mr Ingraham said that there has been "a serious problem with the management of criminal cases -- a problem of untold magnitude."
That problem is reflected in the community causing Police Commissioner Ellison Greenslade to acknowledge that on the crime scene today most victims and those committing murders have previously been arrested and charged in connection with other serious crimes. Often, said the Commissioner, they have been arraigned in a Magistrate's court on charges of murder, or illegal firearms, drug possession, armed robbery or other violent crimes and released on bail.
Once they have been freed they return to their communities and continue committing crimes, allowing violence to permeate the neighbourhoods, he said. In other words the revolving door syndrome has suffocated our courts, because cases are not being dealt with efficiently. The root cause? Adjournments.
Mr Paul Thompson, retired deputy commissioner of police, said that recently a person accused of a minor offence wanted to visit Miami, but a court date was interfering with his plans. His lawyer told him not to worry, to go ahead as he would arrange an adjournment.
"That," said Mr Thompson, "would have never happened under Magistrate Wilton Hercules. In the old days you had to appear in person before the magistrate and request an adjournment." Magistrate Hercules, feared by the criminal class, would have probably refused the request -- particularly if it was frivolous. He would have proceeded with the case. No one did foolishness in his court, and everything moved on time. But today there is adjournment after adjournment -- many stretching into years -- is the order of the day. No wonder the cases are stacking up and gathering dust and witnesses are either losing their memories or disappearing.
Another problem, said Mr Thompson, is that an accused person has a constitutional right to choose his own lawyer. Suppose, said Mr Thompson, you have a hundred accused asking for the same lawyer, then immediately cases start backing up until the overbooked lawyer is available to take each case in turn. This, said Mr Thompson, is a major problem that has to be solved if the court calendar is to move smoothly.
Mr Thompson referred to a case that was due in court on Wednesday for final judgment. The case involved the possession of 2,500 rounds of ammunition, hidden in baby clothing. It was discovered by Customs when it arrived by boat at Kelly's dock in early 2008. For two years there was adjournment after adjournment. On Wednesday -- which was supposed to be the final day -- the case was again adjourned, this time to September 16.
"Imagine," exclaimed Mr Thompson, "a simple case of possession that should have taken the court an half hour to an hour has now taken two years and is not yet finished!"
Another case in which he was interested was also set down for Wednesday. It was a case of the arrest of a sole occupant of a car that contained several guns -- Ruger, Remington and Maverick - and several rounds of ammunition. That arrest was made on October 23, 2006 -- nearly four years ago. It was set down for hearing on the prosecutor's list for this Wednesday. However, when Mr Thompson arrived at court on Wednesday, he was told that it was not on the prosecutor's list for that day or any other day for that matter. So what has happened? Is it just going to slide over the edge and get lost?
Mr Thompson named many other simple cases that should have occupied very little time on the calendar, yet they have been dragged over the years. While he was at the court on Wednesday a case for firearm possession came up. "It was a simple possession case," said Mr Thompson, "where only three police witness were needed -- the two officers to tell the magistrate what they found and a third officer from the Armoury to testify that the firearm being held was listed under the Firearms Act. Yet this case was adjourned to March next year."
On Monday we shall tell how this problem was nipped in the bud in 1980 when no-show witnesses -- particularly police officers -- never turned up to give evidence.
When Pericles Maillis acted for a time as magistrate he issued a warrant for the immediate arrest of a police constable who had not shown up to give his testimony. The constable, brought to court under arrest, was made to wait in the prisoner's dock until the case was called. He complained of being "embarrassed."
If this non-appearance continues, said Mr Maillis at the time, there "is going to be a breakdown in law and order in the Bahamas."
And that is exactly what has happened -- it continued and it broke down. Until the individual courts are better managed, cases will continue to take up unnecessary space.
July 02, 2010
tribune242 editorial
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