The Tribune

By LEANDRA ROLLE

Tribune Staff Reporter

lrolle@tribunemedia.net

ATTORNEY General Ryan Pinder revealed Friday that his team may have to re-prosecute defendants whose voluntary bill of indictments were signed by African prosecutor David Bakibinga.

He made the revelation after a Supreme Court Judge ruled that Mr Bakibinga's signature on a particular VBI (Voluntary Bill of Indictment) was "invalid” because he was not approved for practice by the Bahamas Bar.

The ruling was handed down by Supreme Court judge Deborah Fraser on Thursday.

Her ruling could result in several court cases being sent back to Magistrate’s Court if any accused’s VBIs were signed by Mr Bakibinga who is the assistant director of public prosecutions, or another African prosecutor working in the public prosecutions department.

Neither of the African prosecutors have been approved by the Bahamas Bar Association to practice at the Bahamas Bar. Mr Pinder told The Tribune that should cases be sent back to court, officials feel confident that they will be able to re-prosecute where necessary.

He also expressed plans to discuss the office's internal structure with Cabinet members at the next scheduled meeting.

“Well, I have consulted across the board and we feel comfortable that in the event that that does happen and those cases are sent back to the Magistrate’s Court that we have a plan in place where we can properly prosecute at the end of the day those cases," the Attorney General said.

"So, we don’t believe that we will be caught in a situation where they can no longer be prosecuted. We may have to re-prosecute but we think that we will be able to address those situations."

However, it is not clear how many cases could be affected as a result of the ruling.

"I don’t know the answer to that right now, but that audit is underway today so I don’t have those results back yet from this morning, but we have initiated that request and review and we certainly hope to have that by Cabinet on Tuesday.”

Justice Fraser’s ruling came after attorney David Cash challenged the validity of his client’s VBI after arguing that Mr Bakibinga erred in law when he signed the document because he was not qualified to do so.

Mr Cash is representing Cannes Villus, who is charged with four counts of unlawful sexual intercourse.

Justice Fraser further told the court that Mr Cash’s submissions highlighted the fact that the Criminal Procedure Code stipulates that only the attorney general or a legal practitioner acting on his behalf can sign Voluntary BilIs of Indictment.

Mr Cash also contended that because Mr Bakibinga has been denied the right to practice by the Bahamas Bar Association, he could not be considered a legal practitioner in the country.

"The fair treatment of accused persons is inherent in our criminal code, both procedurally and substantively and must always align with the provisions of our Constitution," Mr Cash said in a statement sent to The Tribune Friday.

"There can be no shortcuts in maintaining a just and fair process (and) there can be no misalignment with the constitution. The greater ramifications of this decision are a natural consequence and flowing from the disregard for procedure and the rule of law."

Mr Bakibinga, a Ugandan, was hired as assistant director of public prosecutions along with Nigerian Nikiruka Jones-Nebo, now deputy director of public prosecutions, in 2019. Their hiring had upset some local lawyers who believed Bahamians should have filled the roles.

In November 2019, the Bar Council rejected the duo’s applications after determining the applicants did not have the certifications for the Bar that are specified in the first schedule of the Legal Profession Act.

In response to the rejected applications, then Attorney General Carl Bethel called for the Bahamas Bar Council to stop acting “politically” and admit two Africans to the Bahamas Bar.

When asked if the public can expect to see the roles being filled by qualified Bahamians in view of the ruling, Mr Pinder did not directly answer.

However, the legal affairs minister said he plans to discuss with Cabinet Tuesday regarding the “make-up” of the public prosecution department to ensure that those hired are qualified and capable to perform their jobs.

He said: “I believe that a Bahamian could fill all of the roles in the department of public prosecutions. The PLP’s mandate is to ensure that Bahamians who are qualified are given the first opportunity to have positions nationwide and that includes the department of prosecutions and I will be consulting with the Cabinet on Tuesday regarding the make-up of the department of public prosecutions because it is the desire of the government and the desire of the attorney general to ensure that the most competent people are in the department of public prosecutions and that they are in positions of which they are qualified for and that it be an office that is run and administered by qualified Bahamians. This matter will certainly be in front of the Cabinet on Tuesday."