Thursday, March 26, 2026
In October, The Tribune reported on an unusual court case, one that a senior attorney went so far as to describe as “highly irregular and unlawful” in its outcome.
The case saw a man arrested and charged with 27 firearm-related charges, including possession of an unlicenced firearm with intent to supply, possession of ammunition with intent to supply, possession of an unlicenced firearm, possession of an unlicenced shotgun, possession of ammunition and possession of component parts of firearms.
This came after officers raided a vessel belonging to the man. Initially, he told police he only had two guns – before the police found eight weapons in a safe and the other guns in a closet.
What made it unusual was that in most circumstances this would have led to a prison sentence – a mandatory prison term, in fact. For the man in question, it did not. He was fined $1.4m instead at Magistrates Court, despite a 2021 Court of Appeal ruling that magistrates had no authority to impose non-custodial sentences for firearm offences.
The guns were found on the man’s yacht at Bimini – and the man, an American, got to pay a fine rather than go to jail.
The case prompted plenty of comment from people wondering if Bahamians were not getting the same treatment from the legal system as foreigners. The sentence came about through a plea deal, but questions were raised as to whether Bahamians would get the same deal.
The case of the American man shot and killed by an off-duty police officer that has dominated the headlines this week yesterday resulted in that officer being charged with murder.
Again, concerns have been raised as to whether cases involving foreigners, in both cases Americans, are treated differently from cases involving Bahamians.
The US Embassy rightly called for there to be no delays in justice in the case of the American man, Cody Castillo, who was shot and killed.
That was followed by comments from Prime Minister Philip Davis saying that a badge was no protection from the law.
The speed with which this case has progressed from the initial incident stands in stark contrast to some other notable cases.
In the immediate aftermath of the shooting on Saturday, police said that the officer fired after a man drove a vehicle in a threatening manner, and with the officer fearing for his life.
Despite the police providing that description, the officer has now been charged with murder.
Early on Monday, another fatal shooting by police took place, on Village Road, this time of a Bahamian, the third fatal shooting this year by an off-duty officer.
Contrast the reaction to the shooting of Cody Castillo to the reaction in that Village Road shooting.
More than that, consider the case of Azario Major. Azario Major was killed in 2021, shot in his car outside a bar on Fire Trail Road on Boxing Day, December 26.
A prolonged campaign for justice from his family finally resulted in a coroner’s court ruling of homicide by manslaughter.
Three officers were subsequently accused of the killing – but in September last year, the officers were seeking a trial before a judge alone, more than two years after the coroner’s ruling. A trial date has been set for June 1 this year, with an alternative trial date of March 2027 if that date cannot proceed.
Years have passed since Azario was shot and killed, and justice does not seem to be moving at the same pace as Saturday’s shooting.
There was no wait for a coroner’s ruling in the shooting of Cody Castillo, moving directly to a murder charge instead.
This has led to concerns that we have an unequal justice system, where Bahamians are not treated the same as foreigners.
To be clear, the speed of justice in this shooting case is what we should be seeing. The offer of resources from the US Embassy to help investigators is welcome. The only problem is that we should be seeing this for all cases, whether the victims are American, Bahamian or any other nationality.
We should also be clear about one other thing – the officer accused of the deadly shooting, Superintendent Berneil Pinder, is innocent until proven guilty, just as with any other suspect in any case.
The speed to bring the case is welcome, but only if it does not rush the evidence gathering and risk a faulty case – one that could see a murderer walk free or an innocent man be jailed.
Notably, the US Embassy’s statement not only offered prayers to the family of the victim, but also to the police force itself and to the family of the suspect. That is fair, thoughtful, and welcome.
The courts will now proceed to establish the guilt or innocence of the officer accused in this case. Their role in this matter is unchanged from any other case.
But how we got here, how the police initially handled the explanation of the shooting, and how that transformed in just a few days to become a murder charge, is remarkable in contrast to shootings involving Bahamians. Skipping past a prolonged coroner’s court case in itself is a significant difference from a number of other cases.
Do we have a two-tier justice system, as some fear? The goal must be to ensure that justice is equal for all. The urgency and focus brought to bear on this case should apply in all cases.
Has the embassy’s advocacy for justice ensured the matter has been handled with the appropriate urgency? It is hard to argue that is not the case. But who are the advocates for the appropriate urgency in other cases?
Bahamians must not ever be in a position where they feel they receive second-rate treatment in their own country. That is the fear when it comes to any perception of preferential treatment to others.
There are other questions that this case, along with the Village Road shooting, bring to the fore – questions about non-violent solutions, questions about off-duty officers carrying guns, questions about the initial explanations of such shootings from police, all that and more.
It will be interesting indeed to see if those questions are treated with just as much urgency from the Village Road shooting.
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