By JADE RUSSELL

Tribune Staff Reporter

jrussell@tribunemedia.net

EVEN as the Davis administration promises to strengthen anti-gang legislation in response to the murder rate, National Security Minister Wayne Munroe said the government is grappling with how to prove someone is a gang member.

He said: “The nature of The Bahamas is this: a bunch of us are related to each other. So, if you see us together and acting in concert, are you saying we’re a criminal gang? And when you charge us being a criminal gang, I say, well, that’s just my cousin. The question of burden of proof, standards of proof, have to be looked at with regard to particular circumstances.”

 The renewed focus on gangs comes as 14 people were killed so far this year.

 During his national address on Sunday, Prime Minister Philip “Brave” Davis promised to crack down on gang-related activities. His administration has long promised to strengthen anti-gang laws, and he did so again during his speech.

 Mr Munroe, however, said there are times when it may be assumed that a large group of people are in a gang, but there must be sufficient proof to show they indeed are.

 “The starting issue is this: How do you prove someone’s in a gang? There’s issues about the burden of proof,” he told reporters at an Office of the Prime Minister press briefing. “One of the most vexing things is your relationships are often known by the person themselves who are in a relationship.”

 Asked if he believed the current anti-gang legislation was ineffective, Mr Munroe noted the lack of prosecutions over the years.

 He said: “It’s been in place for some time, right? The police have their intelligence of who these gang members are. The fact that you’ve not had a multiplicity of prosecutions indicates that the current law in our reality has issues around proof that are challenging, and that is what we’re looking at to address.”

 He stressed that redrafting the anti-gang legislation shouldn’t be rushed because it must first be fully effective.

 For his part, Attorney General Ryan Pinder said the penal code penalises gang membership, but the government wants to do more to treat gangs as criminal institutions.

 He echoed Mr Munroe’s concerns, saying the legislation must follow the constitution.

 “We do want to be strong in our penalties,” he added. “We do want to create offences not just for members and not just for those individuals carrying out criminal activities. We see these gangs as criminal enterprises and criminal institutions and they should be treated as such under the legislation as well.”