Friday, January 20, 2017
By AVA TURNQUEST
Tribune Chief Reporter
aturnquest@tribunemedia.net
PRIME Minister Perry Christie struck a sombre tone yesterday as he acknowledged that criminality and the fear of crime significantly impacted the quality of life and decision-making of many Bahamians despite the significant progress recorded by law enforcement and the justice system.
Mr Christie contemplated the evolution of the laws in a contemporary Bahamas within the possible context of killings of persons on bail, and jurists, and stressed that the country could not rely on the fear of punishment to keep communities safe as officials marked the opening of the Office of the Public Defender.
The independent institution will provide full time representation for accused persons that are unable to secure legal representation, and features video-conferencing technology that will allow defenders to hold private counsel with clients remanded at the Bahamas Department of Correction Services.
“Just last week the commissioner of police announced the most significant reduction in serious crimes since 2004, a 26 per cent decline,” Mr Christie said.
“On the same day the attorney general revealed that since 2012, through the Swift Justice initiative operating 10 criminal courts that can sit concurrently, we have seen conviction rates double, an increase in the amount of cases disposed of by the Supreme Court, and a significant reduction in the time it takes to present voluntary bills of indictment.”
Mr Christie told those attending from the legal community that he spent most of his day in conference with Minister of National Security Dr Bernard Nottage, State Minister of National Security Keith Bell and Commissioner of Police Ellison Greenslade, receiving security briefings and discussing challenges. He maintained that the government’s commitment was not only to providing financial resources but also greater consideration to those who administer justice in the courts.
Mr Christie said that he spoke with judges on occasion, to gain a better understanding of how justice is administered given the current social context.
“How in contemporary Bahamas,” he said, “where you see current events in furtherance of constitutional provision that people are admitted to bail and then they’re killed? I asked for guidance on how does the law evolve when there is ever a time when jurists have imported to their consideration whether here in the Bahamas or the Caribbean in the Privy Council…a decision making in the courts that has a certain result, death, could influence judicial reasoning.”
Mr Christie said: “Especially as we live in a very small country, a very small island community, one of the great challenges of our country is that events that involve criminality and the fear of crime by our citizens, which mounts in its importance and significance, where it influences significantly how we live and the level of comfort we enjoy and where concerns are manifest for our children, whether they even go out at evenings, that no matter what are the statistics that I will speak to today there is this certain feeling of concern by the citizens of our country, who notwithstanding the progress that we’re making would have their judgment influenced by the stark events that occur too often, too many places.”
“So today we stand at an intersection,” he said, “we’re uniquely at a decrease in serious crimes, a rise in conviction rates and an increase in how swiftly we dispose of trials are all happening together and yes I’m able certify and indicate that we are moving in the right direction, that we are.
“We’ve taken a holistic approach to addressing the challenges of crime and the opening of the Office of the Public Defender is indicative of just that.
“We cannot only rely on the fear of punishment to keep our communities safe. Our security also depends on our investment in capacity building, infrastructure, crime prevention, rehabilitation, and the continued strengthening of the justice system.”
At yesterday’s ceremony, he praised the tenacity of Attorney General Allyson Maynard-Gibson in advocating for the resources necessary to launch this endeavour, and other initiatives like Swift Justice.
For her part, Mrs Maynard-Gibson pointed out that progress made on improving the justice system was evidenced by empirical data gathered over this term, and could not be discounted despite the political climate.
“I’d like to highlight that the statistics that we reveal to the public are not just numbers,” Mrs Maynard-Gibson said.
“They represent the capacity to make strategic decisions about the allocation of resources and they represent victims of crime and their families who can finally find peace. And, in today’s context, they include vindication for innocent people.”
The office is equipped with video conferencing technology that will afford public defenders the ability to speak privately with remanded clients at the Bahamas Department of Correction Services, or one of the four soundproof video-conferencing booths installed at the courts.
Mrs Maynard-Gibson advised that there was also the capacity to allow public defenders to set up video-conferencing at their private offices, and use the system off-site, for a fee.
The innovation is expected to dramatically reduce trial delays and costs for both law enforcement and the justice system in terms by cutting down on transportation costs, manpower needed and the security risk of escapes.
At yesterday’s ceremony, Supreme Court Chief Justice Hartman Longley underscored the correlation between defective representation, in many legal systems, and the setting aside of convictions of serious matters.
He expressed confidence that the new paradigm will play a pivotal role in the advancement of justice and ultimately improve the justice product in the country.
For the establishment of the office, the government consulted with external experts from the Commonwealth Secretariat, Inter-American Development Bank and the US State Courts. The lead consultant was Judge William Webb from the United States National Center for State Courts.
“They agreed that the four escape routes had to be concurrently closed,” Mrs Maynard-Gibson said, “calendaring, inability to obtain transcripts, inability to empanel juries and inability to obtain representation.
“Today marks the occasion mechanisms have been put in place to close each of the four escape routes.
“Importantly it represents the establishment of an institution – an independent institution, the Office of the Public Defender, which is to be governed by an independent board presently chaired by (retired) Justice Joseph Strachan,” she said.
Comments
John says...
More murders and crime were committed under Perry Christie. as prime minister and leader of the Progressive Liberal Party and Ellliston Greenslade, as commissioner of police than any other prime minister and commissioner in the history of the Bahamas. If fact, if you do a tally it may show that more murders were committed under the current commissioner than what occurred under all the o commissions combined since this country gained independence in 1973. Likewise more murders occurred under Progressive Liberal Party rule than what occurred under all the other political parties combined since majority rule. This is not fantasy. These are cold, hard facts. And by the commissioner's own admission there are no phantom killers out there: these are Bahamian sons and daughters killing other sons and daughters of the soil. Forget the talk about prolific offenders. Anyone who commits one murder or even one attempt is one too many. Now is the time to stop rocking the Bahamian public and their visitors and guest to sleep with false hopes and empty promises: this country is a breeding ground for cold blooded, heartless unrelenting killers, and they come from the wombs of helpless unsuspecting 'not my good son ' weeping mothers. Talk alone will not fix this situation and hard, steadfast swift and determined action is long overdue.
Posted 20 January 2017, 2:59 p.m. Suggest removal
Honestman says...
Hard and steadfast action is indeed required but that will not come from our inept Minister of National Security. The newspapers are not reporting it but housebreaking and armed robberies has spiked during the last few weeks particularly out west.
Posted 20 January 2017, 7:07 p.m. Suggest removal
ohdrap4 says...
I can attest to that. someone broke into my home in December and two others on the same street.
Posted 20 January 2017, 7:46 p.m. Suggest removal
viewersmatters says...
Crime is no where close to being down! Everyone is walking on egg shells not knowing if or when they're going be a target to crime. Now base on their statistics reported crime maybe down and reason for that is people has no more faith in the justice system so instead of reporting to police when they become a victim of crime lots of people just walk the next direction as it never happened, and who want to have any criminal stalking them and sending threats until the case is dropped or scare off the victim. Sad to say but our Bahamas isn't a safe place and criminal are walking around without fear doing what they do best. It's time we the people take back our beloved country only he who loves his home is going to take care and protect their home.
Posted 20 January 2017, 8:15 p.m. Suggest removal
John says...
If the commissioner is in denial about school age boys being involved in gangs, or at least associated with them, when several of the murders each year are young teens, 16,17,18 19 year olds, school age boys or boys who recently left school, then we have a serious problem. This is where efforts and energies and resources need to be directed to prevent these young men from coming out of school to become, 'prolific offenders,' hardened, career criminals and yes, murderers. Otherwise expect another year of three digit murders and record crime.
Posted 21 January 2017, 9:15 a.m. Suggest removal
bogart says...
It appears that crimes may not be reported simply because of the seemingly futility of getting justice done quickly given the four escape routes and a friend pointed out of wasting more time just back and forth is not worth it. The four escape routes would not exist or even have to come to the level especially to the level of new Public Defender having to represent if there was common sense or fair play in many govt involved entities like the Bank of the Bahamas if there was some recourse. Years the BOB shares were not actively traded and noone investigated, share prices dropped from some $5 to less than $2 dollars ard no investigations, no Directors to represent the minority shareholers etc. Victims of white collar crimes, fraud are usually broke not able to hire lawyers who in almost all cases point out that in talking to victims would point out that they will not get any future business going up against any Bank. Of course if the lawyer is dropped from one of the Banks as an Approved Lawyer then shortly the other Banks will know it. The Central Bank will tell the victim that they deal with Bank to Bank issues and to get a lawyer. Agencies the victim could go to of course are funded by the govt. It appears that white collar crime is not addressed as sufficiently as protection for the accused murders or shoplifters who steal a can of sardines. An independent Ombudsman should have also been engaged to deal especially with white collar crime and bankers, clerks, white collar criminals should also be addressed and should face jail time just as the common criminal. Given the pressures our Financial Industry faces it appears that noone in our history has yet committed any white collar crime but our jails are filled by common thieves. Bad loans should be investigated as the some 4,000 defaulted mortgages of some almost a billion dollars did not all happen by themselves and where Banks or its officers are found to have done wrong then punishments and jail time should apply like in the US.
Posted 21 January 2017, 5:31 p.m. Suggest removal
bogart says...
Correcting myself in that an eastern European man was charged some time ago with some money laundering, a COB employee was charged with money laundering some figure shy of a million dollars through some 4 local banks however cannot recall whether those bank employees or the Banks involved were ever charged for accepting the funds despite such much published anti money laundering and Compliance regulation by the Banking industry.
Posted 21 January 2017, 7:10 p.m. Suggest removal
Well_mudda_take_sic says...
Sadly there are well-known Bahamians taking advantage of this fear of crime situation to unjustly enrich their friends and family members seeking to derive great profits from providing neighbourhood security services in areas where they themselves own property or are involved in property development activities. More often than not, opening up or exposing a neighbourhood to such security services results in the opposite effect desired because the security providers themselves (or their family members or close friends), armed with additional information gathered about the neighbourhood's residents, begin to prey on the very people they are supposed to be protecting in an effort to justify their existence and/or make "good easy money" on the side by burglaries and home invasions that would not have otherwise been experienced by the neighbourhood's residents, especially those residents who refuse to ante up the coercive monthly payments demanded of the security service providers. Most Bahamians would be wise to educate themselves on what happened to residents of Blair Estates and many other similar neighbourhoods whose fears were preyed upon by very opportunistic security service providers! There is really no substitute today for neighbours looking out for each other and having a licensed firearm that they know how (and are not afraid) to use when absolutely necessary.
Posted 23 January 2017, 12:59 p.m. Suggest removal
Reality_Check says...
Not just an experience of Blair Estates in days gone by, but also Camperdown, Sans Souci, Winton, Port New Providence, Sandy Port, etc. etc. etc., and even Lyford Cay! Neighbourhoods hiring private security service providers cannot even rely on police certificates produced for each of the security personnel involved because even these certificates are often subject to being fraudulently obtained for the right price!
Posted 23 January 2017, 2:35 p.m. Suggest removal
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