The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

FORMER Free National Movement Senator John Bostwick II was yesterday ordered to pay a $15,000 fine for possession of ammunition or face 15 months behind bars. The fine must be paid by 11am today.

The 44-year-old lawyer, who was convicted of the criminal charge last month, faced up to seven years in prison when he appeared before Magistrate Andrew Forbes for sentencing yesterday afternoon.

His lawyer, Wayne Munroe, QC, argued that a custodial sentence would further punish his client whose legal career was in jeopardy by the conviction concerning possession of ten live rounds of ammunition.

The bullets were found in the former senator’s luggage during a check by security at the Grand Bahama International Airport in May 2014.

Magistrate Forbes noted that while there was no evidence of use or intent to use the ammunition for harmful purposes, it did not negate the fact that a .22 magazine clip “can work in a rifle or a handgun.”

“The court does note that firearms, and by consequence, ammunition, have a very serious impact on the country as a whole. Anyone in possession must offer an explanation for why you’re in possession,” the judge said.

“I too, like most members of the public, am concerned by young men using weapons for retribution and in some purposes, undermining the rule of law.”

Magistrate Forbes believed that the seriousness of the offence and prevalence of firearm related offences, balanced against Bostwick’s lack of antecedents and previous good character, warranted a fine of $15,000.

When asked for a reaction to the decision, Mr Munroe told reporters: “It’s a reasoned decision and that is all the magistrate is supposed to do.

“As I said, it’s about time people begin to understand that you have to tailor things. Crime is not about numbers. Crime is about people and so a magistrate will consider the person who he is sentencing . . .

“And as he alluded to, Mr Bostwick has already filed prematurely, an appeal, but he still had to finish his part of the process.”

When asked if the deadline to pay the penalty was reasonable, Mr Munroe answered: “To require today would not have been but (Wednesday) at 11(am) probably is.”

Bostwick II, upon leaving the Nassau and South Streets Magistrate Court complex was asked for comment on the sentencing.

“What we are very thankful for, are all the people who have supported me through this,” he said. “Most especially all the people who came out as character witnesses and spoke to my character and the work that I’ve been doing in this country for years.

“But for now, all I can say is thank God and I look forward to getting back to what is I’ve come to do. I’ll leave it at that.”

Last month, Magistrate Forbes rejected Bostwick’s claims that he was framed as “unconvincing and unbelievable” and highlighted inconsistencies between the former senator’s testimony concerning the day in question, surveillance footage and his statement in police custody.

In court yesterday, Mr Munroe stressed that the Court of Appeal provided sentencing guidelines for such matters in the form of questions, namely: what sort of weapon and/or ammunition was found, what used, if any had been made, what intention was for the firearm/ammunition.

The lawyer said the ammunition in this case was low calibre compared to other models and there was no aggravating factors presented by police prosecutor Supt Ercell Dorsett suggesting that the magazine clip was used or intended to be used to rob or murder anyone.

Mr Munroe said the court had also been provided with character references from various individuals including Reverend T G Morrison, Director of Youth Darron Turnquest, Bahamas Bar President Elsworth Johnson who respectively documented their encounters with Bostwick’s faith, mentoring of young men and at risk youth and his performance as an attorney.

Former Commissioner of Police Paul Farquharson also spoke highly of his client, Mr Munroe added.

“Your worship could recall the effect of the conviction. What you’ve done thus far amounts to punishment as a lawyer. If he were a stone mason, it would have the same effect,” the lawyer said.

“The only punishment we say ought to be considered is some way in the form of a fine,” Mr Munroe submitted. “The fact that Mr Bostwick’s matter has attracted sensational media attention ought not to be something for your worship to consider else you would be breaching your judicial oath.”

Throughout the trial, Bostwick II maintained his innocence and claimed he was set up in a “vicious and diabolical” plan to tarnish his character and reputation.

He testified last September that he went through the security checkpoints at the Lynden Pindling International Airport in Nassau without any incident on the day in question before proceeding to the departure lounge to await the flight. He was en route to the island to attend a friend’s wedding.

He said when he arrived at the airport in Grand Bahama, he was approached by individuals and started talking to them.

His bag was periodically between his shoulder and the ground prior to his arrival to the Our Lucaya Resort where he left the bag unattended in the room of the groom who was to be married on the resort property. The bag was also left unattended in the rental car when visiting the groom’s new home on the island prior to his departure flight, he said.

Bostwick II said when he got to the airport, he was approached by people who said “they were excited to meet the future prime minister.”

It was when he proceeded through security screening after placing his backpack on the conveyor belt that airport security discovered the magazine clip.

Bostwick II is the son of former opposition leader J Henry Bostwick, QC, and former Foreign Affairs Minister and Attorney General Janet Bostwick, the first woman to be elected to the House of Assembly.

Bostwick II was sworn in as FNM senator in February 2013. He was fired from the post in May 2014 after being arraigned.

He ran on the FNM’s ticket in 2012 as the standard bearer for Bain and Grants Town but lost. He reportedly still maintains political aspirations.

Article 48 (1) (f) the Constitution, notes however, that a person cannot be elected as a member of the House of Assembly who “is under sentence of death imposed on him by a court in The Bahamas, or is serving a sentence of imprisonment (by whatever name called) exceeding 12 months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended.”

Under existing law, minor criminal offences remain on a person’s record for seven years from the date of conviction.