The Tribune

By RASHAD ROLLE

Tribune Staff Reporter

rrolle@tribunemedia.net

BAR Association President Elsworth Johnson says courts should “seriously consider” holding Police Commissioner Ellison Greenslade in contempt for making comments he believe impugns the integrity of the judiciary.

Amid concerns over violent crime, the commissioner defended the performance of the Royal Bahamas Police Force (RBPF).

During a press conference on Saturday, he said that officers arrest “prolific serious offenders” and take them to court only to see them “back on our streets” a short time later.

When contacted about this yesterday, Mr Johnson stressed that contrary to calls from some top ranking police, the judiciary must be independent and not work together with law enforcement.

The greatest problem facing the justice system is not the granting of bail, he said, but rather a failure to have cases prosecuted in a reasonable time, an issue for which he blames officials of the Attorney General’s Office and law enforcement.

He said top law enforcement officials are challenging the integrity of the court.

“They need to get about the business of prosecuting cases and stop stalling,” he said. “Courts are not there to work along with anybody. What courts need to do is seriously consider its right to contempt because all around the world you see it, when people lose respect for the courts, anarchy follows.

“The courts, if they feel so, could call the commissioner to explain what he says because you must not say anything that would impugn the integrity of the courts. You could criticise it and yes you have freedom of expression, but don’t question the integrity of the court. What they have been saying is that the courts aren’t doing what they ought to be doing. I think for the commissioner and others, they should have just and cogent reasons to justify such claims.”

In response to the number of crimes committed by people on bail for other offences, the Christie administration passed an amendment in the House of Assembly to the Bail Act earlier this year.

The government has also constructed additional courts to help speed up criminal trials and help decrease the number of serious offenders granted bail. However, these courts have not started hearing major cases yet.

On Sunday, Attorney General Allyson Maynard Gibson told The Tribune that while “things are moving in the right direction” officials do not feel “judges are as determined as we would have hoped to prevent the revolving door on bail.”

She added: “For example, last week an accused person was admitted to bail even though another judge in November denied that person’s bail application. We remain hopeful that the judiciary will do everything to prevent what appears to be judge shopping.”

Mr Johnson disagreed with the attorney general’s position and called on her to take concerns about “judge shopping” to Chief Justice, Sir Michael Barnett.

“The Constitution provides provision for complaints to be made against judges,” he said.

“Those of the belief that courts are there to work with them must disabuse their minds of that erroneous belief. Courts are here to uphold the rule of law. You can’t just say you think the accused will offend while on bail or they will interfere with course of justice. You have to have more than that and I am concerned by the statements being made.”

“The courts are not there to enforce the commissioner’s policy. Police can’t go out there and do shoddy investigations for those persons in the AG’s Office who are overworked and underpaid and can’t get the file until a day before the case and yet expect things to work out for them.”

During a special court sitting to mark the opening of the legal year, Sir Michael defended judicial independence.

According to reports, Sir Michael said justices “read the newspapers” and are aware of the dangers people granted bail pose to society.

“We do not condone or sympathise with criminal behaviour and recognise that dangerous persons must be kept off the streets,” he said. “We, at the same time, take seriously our judicial oath that we will do right to all manner of people after the laws and usages of the Bahamas without fear or favour, affection or ill-will.”