The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

ONE of the country’s top judges has commended the executive for creating the reality of the Office of Public Defender, which she had called for as early as four years ago.

The Office of the Public Defender, located on the corner of Bay and Virginia Streets, was officially opened on January 19 and was part of a $20m Citizen Security and Justice Programme loan facilitated by the Inter-American Development Bank (IDB).

Speaking to members of the judiciary and other guests during the annual special sitting of the Court of Appeal yesterday, Court of Appeal President Justice Dame Anita Allen congratulated Attorney General Allyson Maynard-Gibson, QC, for her efforts to improve the administration of justice “and in particular, for making the public defender’s unit a reality”.

“Indeed, in my 2013 address at the special sitting held that year, I suggested that if full meaning was to be given to the constitutional promise of a fair trial, it was necessary to establish an adequately staffed and funded public criminal defence system which would afford indigent accused persons effective representation from the time of arrest,” Dame Anita said.

“I am aware that the public defender’s unit will not immediately offer legal representation from the time of arrest, but I hope that will come in due course. Nevertheless, the establishment of the unit is a step in the right direction and one which will not only ensure equality under the law for such persons but will go a long way in eliminating the delay often occasioned by non-availability of criminal defence counsel,” she added.

The $20m Citizen Security and Justice Programme loan given by the IDB last year was to allow the government to “mobilise” the “public defender’s office” within the next 60 days and to help the government bring technology to bear on the justice system, with a “special focus” on the implementation of an integrated electronic system for case management, digital recording and scheduling.

The funds were also to aid in the design of a restorative justice system. Mrs Maynard-Gibson, in her remarks yesterday, revealed that four public defenders had been engaged and that Cabinet approved the engagement of an additional six.

“Madam president, you were consistent and persistent at the vanguard in urging the establishment of this institution. The Bahamas owes you tremendous debt of gratitude for your insistence that this institution should be established so that the words of the prophet Amos – that justice ‘should roll down like waters’ can be felt in the lives of our people standing on law and order,” Mrs Maynard-Gibson said.

Two weeks ago at a ceremony marking the opening of the new legal year, Chief Justice Sir Hartman Longley said the unit is expected to reduce some of the delays in criminal trials before the judicial system.

“This should augur well for the system notwithstanding the fact that the original group of public defenders is relatively small. Presumably in time, additional resources will be made available to ensure the steady growth of that office,” the chief justice said.