The Tribune

EDITOR, The Tribune.

The Commissioner of Police has once again complained that the courts must take a look at the issue of the granting of bail to persons who are accused of committing serious crimes. Let us be honest, when Bahamians speak about serious crime they are speaking ostensibly of murder, even though I believe that the increasing numbers of crimes of incest, rape and sexual assaults on children are just as alarming. The public is rightly alarmed because many of the incidents of violent crime are committed by and against young men on bail. The issue of the grant of bail for serious crimes must be publicly debated and addressed.

That is why I was happy to have listened to the Attorney General speaking to the issue in the Senate on 28th July, 2023, during the debate on the amendments to the Magistrates (Amendment) Bill, 2022.

The Attorney General explained that both the Constitution and the statute law dealt with the issue of bail. He explained that the granting of bail was based on Article 20 of the Constitution which states that there is a presumption of innocence until the defendant is found guilty in a court of law or the respondent pleads guilty. Furthermore, Article 19 of the Constitution provided a number of guidelines where a person is arrested or detained must be brought to court without undue delay, and if that person is not tried within a reasonable time ‘Shall’ be released (on bail) with or without conditions.

The Attorney General noted that Section 4(2) of the Bail Act provides that Bail shall not be granted to any person charged with certain crimes unless the Supreme Court or the Court of Appeal is not satisfied that the accused person has not been charged within a reasonable time.

The Act also mandates that in deciding whether to grant bail to a person charged with a violent crime, the court must take into consideration the antecedents of the person charged, the need to protect the safety of the public and the need to protect the safety of the victims.

Other factors that the courts must take into consideration before bail is approved include:

· If there are sufficient grounds for the court to believe that the defendant would fail to appear for trial.

· Would commit an offence while on bail.

· Would interfere with witnesses.

· Whether the defendant should be kept in custody for his own protection.

Now we know that all four of these factors have occurred. In fact, many of the incidents of murder and violent crimes have been perpetrated by persons on bail or those on bail have themselves been victims of murder and violent crimes.

The Attorney General went on to cite several recent rulings by the Court of Appeal which supported the denial of bail either to protect the safety of the public or to protect the defendant himself. The denial of bail is contingent on the defendant being brought to trial in a reasonable time.

That is the heart of the problem, the inefficiency of the legal and court systems. The Chief Justice confirmed many of the points mentioned by the Attorney General at his address at the opening of the legal year. The legal and court systems now have to be overhauled and reformed to permit persons who are on bail for violent crimes to be brought to trial at the time the courts have defined as reasonable. All of the efforts of the police and the government will be in vain if these two central systems are not made right. Swift and certain justice is the best remedy.

I wrote a letter in 2023 in which I suggested and still maintain that one remedy to reduce the incidents of criminal behaviour is for the authorities to bring order to the streets of New Providence. There is far too much chaos and recklessness on the streets of the capital particularly by the younger drivers. There is little regard for amber or red lights and stop signs. Young people, and some not too young, drive dangerously by speeding, driving when intoxicated and high, making third lanes where there should only be two.

They do so as they are confident that there will be no or little consequences for their impatience and recklessness. More resources, both human and technological, should be put into detecting, deterring and in bringing order to the streets. Most criminals use a vehicle to get to the scene of crimes and vehicles are used to make their getaway. The police and the Road Traffic Department must devote more resources to the streets of New Providence to put a dent in criminal activities. Countless reports and studies in Europe, Canada and the United States have demonstrated the nexus between indiscipline and recklessness on the streets and criminal behaviour.

The Commissioner of Police is obviously upset and frustrated with the inefficiency and lack of efficacy of the courts. But despite his frustration he must assure the public that the police have the situation under control. He must do so by demonstrating that police actions have been successful in the arrest of those who have allegedly committed these latest murders. He must also do so by showing that the police have and are following a plan to attack the lawlessness in New Providence. The police must also give some comfort and assurance by their discipline and professionalism, by their relentless pursuit of criminals and by their visibility on the streets.

MAURICE TYNES

Nassau,

January 15, 2024.