By LEANDRA ROLLE

Tribune Chief Reporter

lrolle@tribunemedia.net

A SUPREME Court judge has warned that prolonged delays in criminal proceedings in The Bahamas could “crush this system”, as he raised alarm over outstanding evidence and scheduling issues in the high-profile bribery case involving a former senior police officer and a prominent attorney.

Justice Dale Fitzpatrick, a Canadian judge appointed in January, made the remarks during a hearing on Friday for former Chief Superintendent Michael Johnson, attorney Bjorn Ferguson, and Sergeant Deangelo Rolle. The men face bribery-related charges from a police probe into the theft of $1.475m from a bank security vehicle in November 2023.

The allegations include leaked recordings of alleged conversations between Johnson, Ferguson, and Michael Fox Jr, a suspect in the heist who was later murdered.

The trial is now set to begin on March 23, 2026, with proceedings expected to last a month. Justice Fitzpatrick made it clear he would not accept any further delays despite missing evidence and a fully booked 2025 court calendar.

“I am anxious about the delay in this jurisdiction,” the judge said. “It is profound. It will crush this system.”

Among the outstanding items are expert voice analysis reports — apparently sent to the UK — and surveillance footage from a property where Akeil Holmes allegedly hid stolen cash. Holmes was previously charged with theft and receiving in connection with the heist.

“I’m expecting to see that,” Justice Fitzpatrick said.

Damian Gomez KC, representing Ferguson, said the defence could not proceed with its own expert review until the crown disclosed the reports. When asked for a timeline, crown prosecutor Erica Ingraham said it would “take a while” and requested a further trial date.

Justice Fitzpatrick, referencing a serious delay case in Canada, said the situation in The Bahamas is worse. He also pushed back on the proposed witness list, echoing defence concerns that it was excessive.

“Many of these witnesses are completely irrelevant,” he said. “They get called and they have zero bearing. None. We’re not doing that. I’m not doing that so as long I remain on this soil, that is part of my speech.”

He made clear his remarks were not directed at the Office of the Director of Public Prosecutions, but urged both sides to prepare efficiently.

Justice Fitzpatrick also firmly rejected the idea of pushing the trial into 2027 or 2028.

Damian Gomez, KC, requested the crown narrow its list of witnesses to help him “get his ducks in a row”, a suggestion the judge supported.

Attorney Krysta Mason-Smith, appearing for Murrio Ducille, KC, noted that Mr Ducille’s schedule was already burdened with overdue matters. Justice Fitzpatrick replied that every case on his docket was overdue but acknowledged this case had some urgency.

Prosecutors allege that Johnson and Ferguson conspired to commit bribery and acted as accessories after the fact to help Fox Jr avoid prosecution for conspiracy to steal. Johnson is also accused of stealing $90,000 from the stolen funds and receiving the money from Rolle, who is charged with abetting the theft.

All three men have denied the allegations.