IN LIMBO: Alfairs Agregory Higgs.
By AVA TURNQUEST
Tribune Chief Reporter
aturnquest@tribunemedia.net
LAWYERS for a schizophrenic man imprisoned for more than three years without being charged are considering constitutional relief after his family could not meet his bail.
Alfairs Agregory Higgs, 42, was said to be “dying in Fox Hill, mentally and physically” in the seven months since he appeared before Supreme Court Justice Andrew Forbes. He was granted a conditional release on $15,000 bail.
“It wasn’t just the money,” said attorney Crispin Hall during a recent interview. “The issue was you need to present land papers with bail over $10,000. His family has limited resources, and whenever you have someone unlawfully incarcerated for that amount of time - it’s a unique situation.
“The family couldn’t meet that requirement so it made it almost impossible to satisfy bail requirements. I’ve been to see him since and his mental health is deteriorating by the day. We fear the toll is irreversible.
“We are exploring all legal options to try and get him out of there,” Mr Hall said.
Mr Higgs appeared before the court on a habeas corpus application, petitioning the courts over the lawfulness of his detention.
The application was dismissed by Justice Forbes, who determined there was no legal basis for its continuation once bail had been granted because Mr Higgs would no longer be in detention.
The 42-year-old was ordered to wear an ankle monitoring bracelet and undergo a psychological evaluation at Sandilands Rehabilitation Centre once he posted bail with two sureties.
Last week, attorney Fred Smith called the habeas dismissal regrettable, and confirmed legal counsel are working on a constitutional motion for Mr Higgs’ release.
“And for damages for his inhumane and degrading treatment by the government in ‘Fox Hell’ (sic) prison over the last few years,” Mr Smith said, “as a person who has not been convicted of any crime.
“Regrettably instead of issuing an order for his release the Supreme Court granted him bail, which only arises if someone is in custody for a criminal offence or in relation to a trial.
“And he is in neither category, and so this has been an abomination of justice which Rights Bahamas continues to try and remedy.”
Mr Smith continued: “He was unable to meet the bail but the reality is, why should he have to post bail if he hasn’t been charged with an offence? The man is dying in Fox Hill, mentally and physically.”
Comments
Chucky 6 years ago
Do you think some of these people in the justice system are insane, or psychopaths, or maybe just nasty sick people.
I gonna laugh my ass of when I see in the news that one of dem got strung up for wronging the wrong person.
I don't condone violence of any sort. And that includes state sponsored violence. But I can and will show understanding if one day someone in a situation like this, go off the edge and gets one of these state sponsored terrorists.
Let's face it whether your a cop or a judge or anyone in between, your supposed to follow and enforce the law, not pervert the justice system.
licks2 6 years ago
This is not Haiti. . .yall try yinna crap around here. . .REMEMBER THE PARSLEY MASSACRE. . .he went before a judge. . .on a BC citation. . .the court grant him bail. . .so clearly it saw that he was not being held illegally!! Why not if yinna think that he is being "kangarooed" . . . GO APPEALED!!
YOU MUST ALSO REMEMBER. . .USING VIOLENCE GOES BOTH WAYS. . .CHECK THE PARSLEY MASSACRE OUTCOME. . .THOSE WHO WERE "JOOKING" THE STATE AND DOING WHAT YOU SAY ENDED UP WITH 35,000 HAITIANS DEAD. . .REFUGEES AND CITIZENS ALIKE!!! So just watch ya tail with that nonsense. . .EVERY HAITIAN WILL BE GATHERED UP AND SHIPPED OUT OF THIS NATION IN A HEART BEAT!! DON'T SAY IT CAN'T HAPPEN. . .IT HAPPENED IN THE DR A FEW YEARS AGO. . .AGAIN ILLEGALS AND CITIZENS OF HAITIAN DECENT. . .
TheMadHatter 6 years ago
Any chance he has any Haitian heritage? He should just claim to. Say his mother's father's father was Haitian. Claim racism and contact the well known Q.C. Likely be out of prison in time for turkey dinner.
Sickened 6 years ago
How did the courts arrive at the $15,000 amount for bail? Based on a 'no charge'? He must of done some REALLY serious stuff to deserve $15k because drug dealers and armed robbers get bail for much less.
licks2 6 years ago
This reported has a history of outrageous statements even in the face of contrary evidence. . .but you are asking the right questions. . .they requested that he be brought to the court. . .that was done. . .the judge said he can go if he post a bail. . .yet this reported comes back and writes that he is held without charges. So either our courts are oppressive or this reporter is agitating in stupidity!!
TheMadHatter 6 years ago
Maybe he's "the worst of the worst"?? Check with the Privy Council, they might approve his hanging. We can't seem to hang murderers, maybe switch to hanging innocent people? I'm willing try anything at this point.
licks2 6 years ago
Keep up this line of nonsense and you will see what a judge can do to stupid agitation and bringing contempt to court!! Crissy Love is FUGITIVE NOW FOR THE SAME THING. . .MR ARCHER PAID 25, 000 FOR THE SAME OFFENCE!! You have just accused a Supreme Court Judge of jailing an innocent man. . .they need to make an example of one of yinna loose cannons around here. . .YA BETTER HURRY MOVE THIS OR IT COULD JUST GET YA TAIL PINCHED!!
TheMadHatter 6 years ago
No sir. Im sure the Judge has a very good reason for keeping this man in prison.
I did not say he was innocent. Some people im sure would like to know how you can be guilty without being charged with a crime. That is the point of the article. However, we have no right to that information. There is no guarantee in the Constitution that we be informed of why we are imprisoned. Any Bahamian at any time can be placed in prison and no Judge is required to give reason or answer to nobody.
On the contrary, i even suggested he may be the worst of the worst.
Finally, i must agree with you that "loose cannons" do not help any situation. Im sure whatever he did wrong will determine how long he is held. He will be released on the day of his release.
Chucky 6 years ago
Madhatter you most definitely ate mad!
Do you really believe you can be imprisoned without reason? You talkin shite
stillwaters 6 years ago
His family needs to step up and find the money to free him. Wonder which will take him into their home?
flutterbies68 5 years, 11 months ago
This story is very disturbing. I personally know him & he doesn’t deserve this. I hope this messed up situation is corrected ASAP. I always heard great things about Bahamas Obviously after reading this story that was all lies. I pray that God watches over him and keeps him safe.
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