The Tribune

By AVA TURNQUEST

Tribune Chief Reporter

aturnquest@tribunemedia.net

PRIME Minister Perry Christie struck a sombre tone yesterday as he acknowledged that criminality and the fear of crime significantly impacted the quality of life and decision-making of many Bahamians despite the significant progress recorded by law enforcement and the justice system.

Mr Christie contemplated the evolution of the laws in a contemporary Bahamas within the possible context of killings of persons on bail, and jurists, and stressed that the country could not rely on the fear of punishment to keep communities safe as officials marked the opening of the Office of the Public Defender.

The independent institution will provide full time representation for accused persons that are unable to secure legal representation, and features video-conferencing technology that will allow defenders to hold private counsel with clients remanded at the Bahamas Department of Correction Services.

“Just last week the commissioner of police announced the most significant reduction in serious crimes since 2004, a 26 per cent decline,” Mr Christie said.

“On the same day the attorney general revealed that since 2012, through the Swift Justice initiative operating 10 criminal courts that can sit concurrently, we have seen conviction rates double, an increase in the amount of cases disposed of by the Supreme Court, and a significant reduction in the time it takes to present voluntary bills of indictment.”

Mr Christie told those attending from the legal community that he spent most of his day in conference with Minister of National Security Dr Bernard Nottage, State Minister of National Security Keith Bell and Commissioner of Police Ellison Greenslade, receiving security briefings and discussing challenges. He maintained that the government’s commitment was not only to providing financial resources but also greater consideration to those who administer justice in the courts.

Mr Christie said that he spoke with judges on occasion, to gain a better understanding of how justice is administered given the current social context.

“How in contemporary Bahamas,” he said, “where you see current events in furtherance of constitutional provision that people are admitted to bail and then they’re killed? I asked for guidance on how does the law evolve when there is ever a time when jurists have imported to their consideration whether here in the Bahamas or the Caribbean in the Privy Council…a decision making in the courts that has a certain result, death, could influence judicial reasoning.”

Mr Christie said: “Especially as we live in a very small country, a very small island community, one of the great challenges of our country is that events that involve criminality and the fear of crime by our citizens, which mounts in its importance and significance, where it influences significantly how we live and the level of comfort we enjoy and where concerns are manifest for our children, whether they even go out at evenings, that no matter what are the statistics that I will speak to today there is this certain feeling of concern by the citizens of our country, who notwithstanding the progress that we’re making would have their judgment influenced by the stark events that occur too often, too many places.”

“So today we stand at an intersection,” he said, “we’re uniquely at a decrease in serious crimes, a rise in conviction rates and an increase in how swiftly we dispose of trials are all happening together and yes I’m able certify and indicate that we are moving in the right direction, that we are.

“We’ve taken a holistic approach to addressing the challenges of crime and the opening of the Office of the Public Defender is indicative of just that.

“We cannot only rely on the fear of punishment to keep our communities safe. Our security also depends on our investment in capacity building, infrastructure, crime prevention, rehabilitation, and the continued strengthening of the justice system.”

At yesterday’s ceremony, he praised the tenacity of Attorney General Allyson Maynard-Gibson in advocating for the resources necessary to launch this endeavour, and other initiatives like Swift Justice.

For her part, Mrs Maynard-Gibson pointed out that progress made on improving the justice system was evidenced by empirical data gathered over this term, and could not be discounted despite the political climate.

“I’d like to highlight that the statistics that we reveal to the public are not just numbers,” Mrs Maynard-Gibson said.

“They represent the capacity to make strategic decisions about the allocation of resources and they represent victims of crime and their families who can finally find peace. And, in today’s context, they include vindication for innocent people.”

The office is equipped with video conferencing technology that will afford public defenders the ability to speak privately with remanded clients at the Bahamas Department of Correction Services, or one of the four soundproof video-conferencing booths installed at the courts.

Mrs Maynard-Gibson advised that there was also the capacity to allow public defenders to set up video-conferencing at their private offices, and use the system off-site, for a fee.

The innovation is expected to dramatically reduce trial delays and costs for both law enforcement and the justice system in terms by cutting down on transportation costs, manpower needed and the security risk of escapes.

At yesterday’s ceremony, Supreme Court Chief Justice Hartman Longley underscored the correlation between defective representation, in many legal systems, and the setting aside of convictions of serious matters.

He expressed confidence that the new paradigm will play a pivotal role in the advancement of justice and ultimately improve the justice product in the country.

For the establishment of the office, the government consulted with external experts from the Commonwealth Secretariat, Inter-American Development Bank and the US State Courts. The lead consultant was Judge William Webb from the United States National Center for State Courts.

“They agreed that the four escape routes had to be concurrently closed,” Mrs Maynard-Gibson said, “calendaring, inability to obtain transcripts, inability to empanel juries and inability to obtain representation.

“Today marks the occasion mechanisms have been put in place to close each of the four escape routes.

“Importantly it represents the establishment of an institution – an independent institution, the Office of the Public Defender, which is to be governed by an independent board presently chaired by (retired) Justice Joseph Strachan,” she said.