The Tribune

By RASHAD ROLLE

Tribune News Editor

rrolle@tribunemedia.net

NATIONAL Security Minister Wayne Munroe said a recent Privy Council ruling raises questions about whether the government should ensure “duty lawyers” or Justices of the Peace are present when people confess to serious crimes in custody.

In a judgement last week, the Privy Council expressed “deep concern” after finding that a man was “languishing in prison” for over 12 years based on a confession it said should not have been admitted as evidence.

The Privy Council noted that the man gave the alleged confession without a lawyer and later alleged that he was beaten to confess.

The appellate court found it improbable that the man, Vinson Ariste, would confess to multiple crimes during his short detention.

Some defence lawyers say the ruling highlights long-standing problems involving confessions and their use as evidence in the Bahamian justice system.

Mr Munroe believes some of the Privy Council’s reasoning was flawed.

However, he said: “The disability if you face a serious charge is if you face questioning in a police station without a lawyer. The thing that is a matter of principle is, is it time to have duty lawyers in police stations? We have a concept of you having a right to a lawyer at a trial. The most important thing about this case when you read it is the importance the Privy Council seems to put on the presence or otherwise of a lawyer. If a lawyer was present and he confessed then it appears all of their talk of improbability would fall away. Should there be lawyers or justices of the peace present?”

Mr Munroe said he does not believe Bahamians would accept the government paying for alleged criminals to be represented in custody.

“Could you imagine,” he said, “these people we arrested for murder and rape, you got pay for them to have a lawyer? Everything is budgetary. Think about public funds being paid for all of these people they say are criminals.”

Mr Munroe disagreed with the Privy Council’s finding that it was improbable for Mr Ariste to confess to multiple crimes without being under duress, saying the UK-based judges do not understand elements of the Bahamian justice system.

“Police don’t tell you what they have and don’t have,” he said. “Police could lie to you and say somebody saw you when nobody saw you, prompting your confession. It might seem improbable that anyone should confess but people do.”

Meanwhile, Human Rights Bahamas said it hopes confessions in the absence of an attorney would not be admissible in a court.

“For far too long, defendants have been convicted on the sole basis of confessions allegedly procured by means of intimidation, beatings and torture,” HRB said. “The Constitution of The Bahamas guarantees certain fundamental rights for each and every individual, including the presumption of innocence, the right to an attorney and freedom from detention without charge for more than 48 hours. Sadly, it appears that all of these rights were violated in the case of Mr Ariste.

“It is high time for the authorities in The Bahamas at all levels to conform to the standards dictated by our supreme governing law.

“Further, HRB calls upon the Royal Bahamas Police Force to immediately institute a system of transparent investigations into any and all allegations of confessions procured under duress. Police officers, no less than ordinary citizens, must be held responsible for their actions, and the chips allowed to fall where they may.”