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Murder accused ‘should not get bail’

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Dr Bernard Nottage

By KHRISNA VIRGIL

Tribune Staff Reporter

kvirgil@tribunemedia.net

NATIONAL Security Minister Dr Bernard Nottage yesterday reiterated that persons charged with murder should not receive bail.

His criticism of the judiciary in Parliament, came just two days after Police Commissioner Ellison Greenslade said repeat offenders out on bail continue to challenge anti-crime initiatives.

Dr Nottage explained that the government is moving to enact several changes to the legal system in an effort to reduce the wait time involved in cases.

He said: “Personally I don’t believe that people charged with murder should get bail.

“So the problem is if you take too long to try them. What we are seeking to do is improve the timing to get through the justice system. That’s why we are appointing public defendants for the first time and appointing new judges and prosecutors. In the meantime, I have to ask the judges to place restrictions on all of the persons.”

During a press conference on Tuesday, Mr Greenslade told reporters that while he was satisfied with the performance of the police force for the year, there were many issues that they could not resolve alone.

He said: “We have to draw a line in the sand with respect to these people.

“It cannot be right in a vibrant democracy for us to just give up the ghost as if we don’t understand what is happening or how to fix it. These are our children. They’re from our homes, we know exactly who they are, and it is unfortunate some hold them up as heroes. They are running around the streets with illegal guns in their hands.”

Commissioner Greenslade said officers arrest repeat offenders, many of whom are still out on bail, on a daily basis.

Similar comments made by Prime Minister Perry Christie in January sparked outrage from a group of attorneys that the courts should not be subject to political influence. At the time Mr Christie said: “The government is fully prepared to legislatively intervene to impose additional restrictions on the ability of judges to grant bail in offences involving crimes of violence and the use of firearms.”

It was said that if the government were to carry out the legislative change, it would be ruled unconstitutional by the Court of Appeal.

In November 2011, parliament passed legislation removing the jurisdiction of Magistrates to consider bail for capital offences such as murder, attempted murder, rape, armed and attempted armed robbery, possession of dangerous drugs, among others.

While awaiting formal arraignment in the Supreme Court, an accused can exercise the legal right to apply for bail.

If the Supreme Court agrees to consider the application, a date is set to hear arguments from the Crown and defence.

Comments

Honestman 10 years, 8 months ago

Is it really beyond government to put into place a system whereby all murder trials are held within two years? That being so, all persons charged with murder should remain incarcerated until their trial. Murder cases must be given priority in terms of trial dates.

Questionmark 10 years, 8 months ago

Thank you for JUST getting the picture bj, those brain cells are not dead, but turning over…..slowly

sheeprunner12 10 years, 8 months ago

Hey BJ.....what da Constitution say bout dis??????????? Wayne Munroe and Murrio Ducille will definitely be interested in the issue. Sounds like the hanging issue all over again....................... STRESS

TheMadHatter 10 years, 8 months ago

How's them new courts coming along? They done yet? Any judges hired yet?

The lawyers would certainly oppose any kind of law like BJ is suggesting because it means they can't get paid big drug money to get people out on bail. And you know once you out on bail you might as well be out forever - cause that's how long to get a next court date - LOL.

Then we have to consider - what IF we had 5 courts that were open every day each with their own judge (and one more judge to fill in for sick judges and vacation judges etc) - and ALL they did was consider murder cases. Wow - that would be great. Murder cases would be being closed out super quick (compared to now). WHAT WOULD WE DO will all the convicts? There ain't no room at HM Prison to house them !!! And there ain't no land in Nassau available to build no more prison space. And you know Government (both PLP and FNM) are 100% committed to preventing any kind of development on Andros for fear that it would become the new capital of the Bahamas (since they have plenty land and fresh water and are closer to the USA). So there ain't no prison gonna be built there to give Andros any kind of foundation.

It's probably better the way it is now, really - cause this way at least it keeps a control on our expanding population. But, for every person murdered each day - there are at least 10 more born that same day and 20 more landing by boat from the south - so the population will continue to expand.

Hey any more Junkanoo coming up soon? That can at least take our minds off it all.

TheMadHatter

Bahamianpride 10 years, 8 months ago

its an entirely dysfunctional court and criminal justice system that's at issue.. You have to be able to move cases with accuracy and efficiently and seperate the pick pocket or panhandling from the murderer, rapes and robber etc. Create space for the murderers and other violent offenders. The entire system has to be revamped... But one of the major focuses should be family planning to stop this irresponsible breeding, kids born in poverty or in situations of neglect fuels the problem.. Vesectomies, tubes tying, condoms, anything just stop it, too much dysfunction.. I'm willing to bet that if u surveyed all the criminals percentage wise I would wager that 90% come from single parent households with in many cases the person has no idea who dad is or dad is a criminal or irresponsible man with multiple kids..

VDSheep 10 years, 8 months ago

Not only should murderer suspects be held until a speedy trial. Once murderers are tried in a court of law with a jury of their peers and found guilty of murder; heads must roll! If not society and the rule of law falls down! Also, the Minister of National Security ought to install drones to protect our boarders and top outsourcing our national security!

sheeprunner12 10 years, 8 months ago

Constitution my friends..................... constitution ...........check the details

Emac 10 years, 8 months ago

Another Band-Aid solution? Folks we cannot let our anger or frustration get in the way of the principle that one is considered innocent until proven guilty. If our police officers were honest and if the entire Bahamas was not as corrupted as it is, then I wouldn't even think about what Dr. Nottage is proposing. But we have a lot of criminals on the RBPF who wouldn't think twice about “lockin” up some young man because of his looks and claiming he is the murder suspect. It has happened too many times. Simply put aside all the bullshit and clean up the judicial system. I am sorry. But it is a dam DISGRACE that we are still be in these kinds of predicaments, where our government cannot solve societal problems properly after 40 years of independence. My God! If that is the case then let’s go back to the good ole Union Jack.

sheeprunner12 10 years, 8 months ago

Emac, you are truly one of the 200,000 frustrated Bahamians.................... the others are enjoying the spoils of PLP government, in jail, making a deal or trying to get citizenship

SP 10 years, 8 months ago

BJ can say whatever he like.

As long as the CJ remains an Ingrahamite the judicial system will continue working against the present government.

sheeprunner12 10 years, 8 months ago

SP, do you think our three arms of government are incapapble of working in unison if they are not all politically coordinated??????? I know we look at the USA model but that is not the same as the Westminster model we follow. Regardless of who is the Chief Justice, the AG must still craft government policy and the Legal Affairs/Director of Prosecutions must carry it out. The AG is the politician and the DOP the technocrat. The CJ is the expert career professional lawyer. Politics aside

Emac 10 years, 8 months ago

Exactly- The fact of the matter is that the present government is in power NOW. Therefore, they are responsible for here and now. They are the policy makers. Both the PLP and the FNM submitted manifestos outlining their intentions if they win the election. But most shallow minded Bahamians are incapable of making a decision based on past performance. No, they go with the party that is spending the big bucks and bearing the most gifts. Unfortunately, as a result, everyone suffers. Talk about overspending on infrastructures as much as you want. At least ya coulda see the money spent. Two years done gone by and I ain see nothin’ yet!

SP 10 years, 8 months ago

@ Sheeprunner 12- After four decades of PLP & FNM rule, I venture to say either government are not only incapapble of working in unison, but also proven beyond doubt incapable of moving this country forward.

The facts speak for themselves. We are not only stagnated, but have regressed so far that many once proud Bahamians have been reduced to beggars, prostitutes and thieves for survival while foreigners live off the fat of the land created by our people.

The Bahamas, once number one in many areas has lost considerable ground in EVERY SPHERE imaginable due to mismanagement and just plain political stupidity.

sheeprunner12 10 years, 8 months ago

SP, after 240 years the Democrats and Republicans have a dysfunctional government in the USA. Look at Haiti after 200 years. Look at Jamaica after 50 years.What you think about PLP and FNM after 40 years in The Bahamas???? Are we that bad?????????? There is HOPE ...............

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