The Tribune

‘Munroe said he would not work with me’ says ex-prison commissioner

By PAVEL BAILEY

Tribune Staff Reporter

pbailey@tribunemedia.net

RETIRED commissioner of the Bahamas Department of Correctional Services Charles Murphy claimed in court yesterday that National Security Minister Wayne Munroe had a personal agenda against him and failed to adequately explain why he sent him on administrative leave after the 2021 general election.

Mr Murphy’s wife, Sheralyn Murphy, testified about the impact Mr Munroe’s decision had on her family. At one point during her testimony, she cried.

After suing the government, Mr Murphy took the stand yesterday as Justice Carla Card-Stubbs presided.

He argues that Mr Munroe breached the Correctional Services Act when he sent him on administrative leave and believes the decision was irregular and unreasonable.

He said he was not allowed to address the minister’s concerns about him.

Mr Murphy controversially became prison commissioner after the Minnis administration sent Doan Cleare –– who was confirmed as prison commissioner on Monday –– and Bernardette Murray-Thompson on vacation leave.

Mr Murphy said yesterday that during his first meeting with Mr Munroe on September 27, 2021, which he claimed lasted ten minutes, the pair discussed the COVID-19 situation at the prison.

He said he told Mr Munroe that COVID-19 cases were declining among staff thanks to contact tracing and testing.

He disagreed with Anton Thompson, the defendants’ lawyer, that a comprehensive report given to Mr Munroe did not address COVID-19.

He insisted that COVID-19 protocols were in effect at the prison when Mr Thompson said there was no semblance of a plan.

He said when Mr Munroe told him he was running the facility “illegally” by not having a deputy or assistant commissioner, he informed the minister he had recommended people for the posts.

He said the prison operated without a deputy or assistant commissioner for a year and a half in 2018. He said although Mr Cleare and Mrs Thompson were not retired or removed from their positions, they were not present at the prison during his tenure.

He said the Ministry of National Security moved the pair and had them working on a special assignment at the ministry before the 2021 election.

He said he did not have the power to hire a deputy or assistant commissioner and that he could only make recommendations to the Ministry of National Security about who could fill the roles.

He said Mr Munroe did not confirm his recommendations for the posts.

When Mr Thompson brought up the arrest of Prescott Smith on September 22, 2021, Mr Murphy said he became aware of Mr Smith on September 24, 2021 when a court order from Supreme Court Justice Loren Klein ordered his immediate release.

Criticized for not releasing Mr Smith until September 27, Mr Murphy defended his actions, saying he followed prison protocol.

He said Mr Smith’s attorney brought an improper release order at 4.25pm on September 24, after the time when prisoners are allowed to be released, according to prison protocol. He said prisoners are not released on the weekend, therefore, Mr Smith was released on a Monday.

He said he ran the prison by “law and order” and followed “rules and regulations”.

He acknowledged that Mr Munroe accused him of breaching Justice Klein’s court order during their meeting, but said when he tried to explain his actions, Mr Munroe cut him off.

He said Mr Munroe sucked his teeth and told him: “I’ll be honest with you. The government does not intend to work with you.” He said Mr Munroe also told him he does not intend to work with him.

Mr Thompson referred to minutes from that meeting and said Mr Munroe identified multiple instances where Mr Murphy refused to obey court mandates.

Mr Murphy responded that Mr Munroe never allowed him to respond to what he called “hypothetical” deficiencies.

Mr Murphy said he was not briefed before meeting Mr Munroe so he could bring additional information.

He said that in a subsequent meeting on September 30, 2021, he met Mr Munroe and the permanent secretary of the Ministry of National Security and received a letter sending him on immediate administrative leave.

He claimed that a week before getting the letter, both Mr Cleare and Mrs Murray-Thompson, the assistant commissioner, returned to the prison.

Mr Murphy said that although he had the prison commissioner’s title until his retirement on November 11, 2023, he did not get the benefits of the position.

When Mr Thompson suggested he took retirement leave on June 9, 2022, he said it was impossible that he was on administrative and pre-retirement leave.

He disagreed with Mr Thompson’s assertion that he suffered no loss while on leave, that Mr Munroe was not biased for what he did and that the minister had sufficient reason to send him on leave.

Mr Murphy’s attorney, Romona Farquharson-Seymour, questioned how he felt about being sent on leave. He said the respect he earned after 41 years of service was destroyed.

He said he lost the perks of the office, and the decision affected his wife and family emotionally and psychologically.

He said he had to beg the government to fix his vehicle and was forced to drive the car on a dummy wheel for weeks. He said his requests to have the car serviced were denied.

He claimed Mr Munroe accused him of malfeasance in the media, causing him to face ridicule from the public and prison officers.

His wife testified virtually that she retired early as a school principal in December because of the stress from her husband’s situation.

She said the stress broke down her body: she had two major surgeries last June and later learned she had breast cancer.

“Mentally, it has been a lot,” she said. “It took a toll.”

Mrs Murphy said she faced a barrage of questions about her husband’s situation and that people would always call her about it. She said their children were distraught.