The Tribune

Democratic National Alliance (DNA) leader Branville McCartney has been selected as one of two Bahamian attorneys to address an international meeting of lawyers and judges, when the National Bar Association (NBA) holds its mid-winter conference in Nassau this week.

The Washington, D.C.-based NBA, the oldest and largest association of African-American attorneys and judges with some 20,000 members, named Mr McCartney to speak on the history - and the pros and cons - of the Privy Council.

“It’s a fascinating topic, both in practice and in theory, even to these attorneys and judges, most of whom are coming in from North America,” said Mr McCartney, founder and managing partner of Halsbury Chambers.

“The Privy Council has been our highest court of appeal since the original Act was passed nearly 200 years ago. There are those who argue that it is a relic of colonial days, and others who make just as persuasive an argument that it provides objectivity and perspective.”

Discussion about the Privy Council heated up in thCaribbean in the 1990s, when it ruled in one case that protracted stays of more than five years on death row constituted cruel and inhumane punishment.

The sentences of several murderers had to be commuted, including one in the Bahamas, and another in the region involving a serial killer. Those who oppose the Privy Council accused it of being soft on serious crime, especially murder. Others argued it was out of touch with the reality of crime in the islands. But there are many legal professionals who believe it provides distance, balance and wisdom.

“If The Bahamas decides it no longer wishes to invoke the right of appeal to the Privy Council, we will have two choices - to remodel and strengthen our own Court of Appeal, or to join Barbados and Guyana as members of the Caribbean Court of Justice,” said McCartney.

Mr McCartney, who said he will present all sides citing court cases and legal precedent, will speak during the afternoon session on February 14 at the Sheraton Nassau Beach Resort. This year’s meeting is being held under the theme of ‘A Legacy of Service, A Promise of Justice’ and runs until February 17.