Magistrates starting to open their eyes
tribune242 editorial
AT LAST, public exasperation at the lenient manner in which cases are handled -- especially for accused with well established criminal records -- is getting through to the magistrates.
In the delay of the trial of two men and a woman charged in a major gun and ammunition seizure case yesterday, the magistrate told the prosecution to make certain that defence lawyers were given all relevant statements. She then set a date for trial and warned defence counsel to be prepared to go ahead on that date so as not to waste the court's time. Also, she did not want the public to be given a negative impression of justice in the court system.
Unfortunately, the public already has that negative impression. It is now up to the courts to dispel it, not only by efficiently handling cases, but by more frequent denial of bail.
The public's criticism does not just rest with the magistrates. What many of our letter writers say about some defence lawyers is unprintable.
Bahamians know that many of the court delays are from the Outer Bar, and the pleading for leniency for hardened criminals comes from the mouths of many of those pleading attorneys.
The public is fed up. In cases where bail can be given, they want it given. Of course, with the amended bail act magistrates can no longer grant bail in serious cases, such as murder, armed robbery, rape, attempted rape and the various offences involving firearms.
In these cases, magistrates have to take into consideration the need to protect the safety of the public and public order. The need to protect the safety of the victim of the offence and the nature and seriousness of the offence and the nature and strength of the evidence against the defendant.
Another -- and it appears recent -- element that seems to be slipping into our court system is a defendant's attempt to select his judge.
Last week, the Appeal's Court turned down such an appeal calling it "forum shopping".
Accused of drug conspiracy, the defendant tried to get his case moved from the court of Deputy Chief Magistrate Carolita Bethel, by claiming bias.
The higher court found no bias against him on the part of the magistrate, but did find an attempt by him to "forum shop". This is something that has to be stopped in its tracks before it gets out of hand.
In his contribution to the House debate on the crime bills, Fox Hill MP Fred Mitchell challenged government to live up to its promise of reducing crime through criminal justice legislation.
However, when it came to the witness protection bill, Mr Mitchell complained that it was unconstitutional to deny the accused the right to know his accuser.
It would seem that Mr Mitchell not only wants his cake, but he wants to eat it too. Prime Minister Ingraham described what would happen to our judicial system if essential witnesses were not protected.
Last week, the cruel death of a man -- a case of mistaken identity -- should have sealed Mr Mitchell's lips forever on the issue of witness protection.
The dead man was a case of mistaken identity. The bullet was intended for a witness in a murder case. This was the second time that his assailants had missed him. He is now in the witness protection programme.
In the House, Mr Ingraham explained the need for such protection.
"It is the duty of every citizen," he said, "to report the commission of a crime, to cooperate with the police, to give evidence in court if they are called upon to do so, to assist the police in the execution of their duties and to go to the Supreme Court to serve as a juror.
"In order for a citizen to carry out that duty the citizen must feel safe, must feel and indeed know that they are going to be safe not going to be intimidated, not going to be hanged, that their family are going to be safe, and unmolested because they are simply doing their civic duty.
"Whenever that can't happen, the citizen is not inclined to cooperate, is unwilling to cooperate; if he's unwilling to cooperate we are unable to have prosecutions, we have a state that cannot enforce its laws and protect its citizens from criminal activity."
We recall the outcry when airline passengers resented being searched before boarding an aircraft -- it was unconstitutional and demeaning many said.
Today when faced with either giving up that constitutional right or being blown to smithereens, they stand in long lines, meekly taking off their belts and shoes, emptying their pockets and taking their turn walking through a metal detector. In choosing between their constitutional right and their life, they chose Life.
Today, that is what Bahamians will have to accept with the witness protection programme. In some instances, accused persons will have to give up their right to know the person giving evidence against them, in return for the witness's evidence and to make if possible for government to grant Mr Mitchell and all Bahamians' wish to reduce crime through the criminal justice system.
October 25, 2011
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 firearms Bahamas. Show all posts
Showing posts with label firearms Bahamas. Show all posts
Thursday, October 27, 2011
Wednesday, April 13, 2011
Bahamians cannot have a crime free society while harbouring the criminal in the bosom of the family
Bahamian society must make a decision on crime
tribune242 editorial
THE hard working police force are today in the unenviable position of being "damned if you do, and damned if you don't."
The public wants the criminal removed from the streets. However, when he is removed, the next word the police have is that he's out on bail, up to more mischief, and the chase starts all over again. The public wants guns removed from society, yet society wants selective justice applied to those who are caught with an unlicensed firearm. On the other hand, the police want tougher sentences. For example, in England possession of an unlicensed firearm could mean five years in prison.
Police know that firearms are brought in on boats, even pleasure craft. "However, when we go to search these boats, we are accused of harassing boaters," said one officer, "so we back off, but we know that there are guns aboard those boats."
In other words society can't have its cake and eat it too. If they want the country cleared of illegal guns, the police will have to be free to search, and the courts should be obliged to prosecute.
For example, the police were criticised for the precautions they took to protect the House, the Prime Minister, MPs and members of the public during the recent Bay Street demonstrations against the sale of BTC to Cable & Wireless. They were condemned for bringing the dogs out "against the people." However, if something had gone wrong they would have been criticised -- and investigated -- for not having taken every possible precaution to anticipate an emergency.
A spokesperson for the various groups said that the objective was to stage a peaceful demonstration, however, some protesters were in a "militant" mood. And it was that mood -- with threats of creating a "small Egypt" -- that made the police prepare for the worst.
Despite the unions' attempts to insist that it was a union demonstration, the unions' presence was obliterated by political activists. However, Fox Hill MP Fred Mitchell made no bones about what the demonstration was all about. The fight to have BTC remain in Bahamian hands is a political one, he said, and all who oppose the sale of the company to Cable and Wireless should band together.
Senator Dion Foulkes, speaking in the Senate, said that several "PLP MPs, ratified candidate and senior party officers were active in that demonstration which became extremely unruly and if it were not for the fine men and women of the Royal Bahamas Police Force, Bahamians could have been hurt, indeed, one person was hurt: Mr Capron, who later publicly thanked the police for coming to his aid."
Mr Foulkes identified "Melanie Griffin, Bernard Nottage, Ryan Pinder, Alfred Gray, Obie Wilchcombe and Barbara Pierre, Secretary General of the PLP and former PLP Chairman Minky Isaacs" as among those at the rally.
"Shane Gibson," he said, "who the night before the demonstration was seen all over the southwest of New Providence on the back of a truck with a blow horn telling people to come to Bay Street.
"I suspect that they have distanced themselves from this demonstration because it was a total and absolute flop," said the senator.
Mr Mitchell also criticised government for "attacking" union leaders at that demonstration, who, he said, are "simply acting in the best interests of their members."
Mr Mitchell conveniently forgets the three-week teachers strike of 1981 -- under the Pindling government -- when teachers were also trying to improve the conditions in the schools and raise the standard of the teaching profession. Not only were the police and the dogs brought out against the teachers, but there were snipers on the various roof tops with a fire engine standing by, possibly to use the water hoses in case of an emergency. Several teachers were arrested. Opposition Leader Norman Solomon told members in the House on January 7, 1981 that the reason they were discussing the teachers' strike in the House that day was because it was facing a "certain amount of insurrection" below in the public square. He blamed it on "14 years of continuous mismanagement of the economy."
"Those were the days," said a teacher who had participated in the strike, "when professionals of similar qualifications in the civil service were making 30 per cent more than their counterparts in the teaching profession."
The former teacher said that when the teachers decided to strike in 1981 they did so for what they believed in, fully realising the consequences of their actions. Their pay was docked for the full three weeks of the strike. They did not complain, because when they decided to strike they knew that it meant loss of pay.
Today the BTC unions withdrew their labour, fully knowing the consequences, but not expecting government to take any action against them. The teacher failed to understand their reasoning or why they should condemn government for enforcing the rules. They withdrew their labour. If they were sincere in their protest, they should have expected not to have been paid.
It is the same with the police. Bahamians want society to be crime free, but they do not want to suffer the consequences of having a family member, who is causing some of the problems, suffer the consequences. It is now up to Bahamians to decide what they really want.
They cannot have a crime free society while harbouring the criminal in the bosom of the family. The Tribune has great respect for those families who take one of their own to the police station to "turn him in." Those are the families who are the Bahamas' solid citizens - it is a pity that there are not more like them. It is only then that the Bahamas will have any hope of reducing its crime rate.
April 12, 2011
tribune242 editorial
tribune242 editorial
THE hard working police force are today in the unenviable position of being "damned if you do, and damned if you don't."
The public wants the criminal removed from the streets. However, when he is removed, the next word the police have is that he's out on bail, up to more mischief, and the chase starts all over again. The public wants guns removed from society, yet society wants selective justice applied to those who are caught with an unlicensed firearm. On the other hand, the police want tougher sentences. For example, in England possession of an unlicensed firearm could mean five years in prison.
Police know that firearms are brought in on boats, even pleasure craft. "However, when we go to search these boats, we are accused of harassing boaters," said one officer, "so we back off, but we know that there are guns aboard those boats."
In other words society can't have its cake and eat it too. If they want the country cleared of illegal guns, the police will have to be free to search, and the courts should be obliged to prosecute.
For example, the police were criticised for the precautions they took to protect the House, the Prime Minister, MPs and members of the public during the recent Bay Street demonstrations against the sale of BTC to Cable & Wireless. They were condemned for bringing the dogs out "against the people." However, if something had gone wrong they would have been criticised -- and investigated -- for not having taken every possible precaution to anticipate an emergency.
A spokesperson for the various groups said that the objective was to stage a peaceful demonstration, however, some protesters were in a "militant" mood. And it was that mood -- with threats of creating a "small Egypt" -- that made the police prepare for the worst.
Despite the unions' attempts to insist that it was a union demonstration, the unions' presence was obliterated by political activists. However, Fox Hill MP Fred Mitchell made no bones about what the demonstration was all about. The fight to have BTC remain in Bahamian hands is a political one, he said, and all who oppose the sale of the company to Cable and Wireless should band together.
Senator Dion Foulkes, speaking in the Senate, said that several "PLP MPs, ratified candidate and senior party officers were active in that demonstration which became extremely unruly and if it were not for the fine men and women of the Royal Bahamas Police Force, Bahamians could have been hurt, indeed, one person was hurt: Mr Capron, who later publicly thanked the police for coming to his aid."
Mr Foulkes identified "Melanie Griffin, Bernard Nottage, Ryan Pinder, Alfred Gray, Obie Wilchcombe and Barbara Pierre, Secretary General of the PLP and former PLP Chairman Minky Isaacs" as among those at the rally.
"Shane Gibson," he said, "who the night before the demonstration was seen all over the southwest of New Providence on the back of a truck with a blow horn telling people to come to Bay Street.
"I suspect that they have distanced themselves from this demonstration because it was a total and absolute flop," said the senator.
Mr Mitchell also criticised government for "attacking" union leaders at that demonstration, who, he said, are "simply acting in the best interests of their members."
Mr Mitchell conveniently forgets the three-week teachers strike of 1981 -- under the Pindling government -- when teachers were also trying to improve the conditions in the schools and raise the standard of the teaching profession. Not only were the police and the dogs brought out against the teachers, but there were snipers on the various roof tops with a fire engine standing by, possibly to use the water hoses in case of an emergency. Several teachers were arrested. Opposition Leader Norman Solomon told members in the House on January 7, 1981 that the reason they were discussing the teachers' strike in the House that day was because it was facing a "certain amount of insurrection" below in the public square. He blamed it on "14 years of continuous mismanagement of the economy."
"Those were the days," said a teacher who had participated in the strike, "when professionals of similar qualifications in the civil service were making 30 per cent more than their counterparts in the teaching profession."
The former teacher said that when the teachers decided to strike in 1981 they did so for what they believed in, fully realising the consequences of their actions. Their pay was docked for the full three weeks of the strike. They did not complain, because when they decided to strike they knew that it meant loss of pay.
Today the BTC unions withdrew their labour, fully knowing the consequences, but not expecting government to take any action against them. The teacher failed to understand their reasoning or why they should condemn government for enforcing the rules. They withdrew their labour. If they were sincere in their protest, they should have expected not to have been paid.
It is the same with the police. Bahamians want society to be crime free, but they do not want to suffer the consequences of having a family member, who is causing some of the problems, suffer the consequences. It is now up to Bahamians to decide what they really want.
They cannot have a crime free society while harbouring the criminal in the bosom of the family. The Tribune has great respect for those families who take one of their own to the police station to "turn him in." Those are the families who are the Bahamas' solid citizens - it is a pity that there are not more like them. It is only then that the Bahamas will have any hope of reducing its crime rate.
April 12, 2011
tribune242 editorial
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