NATIONAL Security Minister Wayne Munroe. Photo: Moise Amisial
By JADE RUSSELL
Tribune Staff Reporter
jrussell@tribunemedia.net
EVEN as the Davis administration promises to strengthen anti-gang legislation in response to the murder rate, National Security Minister Wayne Munroe said the government is grappling with how to prove someone is a gang member.
He said: “The nature of The Bahamas is this: a bunch of us are related to each other. So, if you see us together and acting in concert, are you saying we’re a criminal gang? And when you charge us being a criminal gang, I say, well, that’s just my cousin. The question of burden of proof, standards of proof, have to be looked at with regard to particular circumstances.”
The renewed focus on gangs comes as 14 people were killed so far this year.
During his national address on Sunday, Prime Minister Philip “Brave” Davis promised to crack down on gang-related activities. His administration has long promised to strengthen anti-gang laws, and he did so again during his speech.
Mr Munroe, however, said there are times when it may be assumed that a large group of people are in a gang, but there must be sufficient proof to show they indeed are.
“The starting issue is this: How do you prove someone’s in a gang? There’s issues about the burden of proof,” he told reporters at an Office of the Prime Minister press briefing. “One of the most vexing things is your relationships are often known by the person themselves who are in a relationship.”
Asked if he believed the current anti-gang legislation was ineffective, Mr Munroe noted the lack of prosecutions over the years.
He said: “It’s been in place for some time, right? The police have their intelligence of who these gang members are. The fact that you’ve not had a multiplicity of prosecutions indicates that the current law in our reality has issues around proof that are challenging, and that is what we’re looking at to address.”
He stressed that redrafting the anti-gang legislation shouldn’t be rushed because it must first be fully effective.
For his part, Attorney General Ryan Pinder said the penal code penalises gang membership, but the government wants to do more to treat gangs as criminal institutions.
He echoed Mr Munroe’s concerns, saying the legislation must follow the constitution.
“We do want to be strong in our penalties,” he added. “We do want to create offences not just for members and not just for those individuals carrying out criminal activities. We see these gangs as criminal enterprises and criminal institutions and they should be treated as such under the legislation as well.”
Comments
JokeyJack 10 months, 2 weeks ago
Too bad no other country has figured this out that we can learn from. It's a global shame.
ExposedU2C 10 months, 2 weeks ago
This comment was removed by the site staff for violation of the usage agreement.
TimesUp 10 months, 2 weeks ago
Oh please!
A group of individuals showing common affiliation with one-another, and being concerned together with a common name shall be considered a "criminal organization" if more than "X" number of criminal offenses have been committed by members of the group or on behalf of the group. The name and its members shall then be placed into a criminal organization database.
Any member of a criminal organization shall receive an increased sentence of "X" years if they are arrested in the commission of a crime.
Anyone displaying tattoos, markings or symbols representing a criminal organization or being such a member within the criminal organization database shall be guilty of an offense if found within "X" yards of a school zone.
It shall be an offense for anyone within the criminal organization database to have under his care any minor except his own child.
Thats a start and it took 5 minutes, can I get a government job now?
ExposedU2C 10 months, 2 weeks ago
Don't bother applying for that government job. Thugs do not hire persons seeking to arrest other thugs. And God knows we have way too many thugs in this corrupt Davis led PLP government
sheeprunner12 10 months, 2 weeks ago
So, what is unique about being a One Order or Zoe Pound gangsta????????
How is that different from a Crip or a Blood?????
If all else fails, is there not electronic evidence that can incriminate a gangsta?????
killemwitdakno 10 months, 2 weeks ago
So what was the gang unit doing all along?
killemwitdakno 10 months, 2 weeks ago
What's your own list of criteria? 7 out of 10 convicts.
-Heavy social media gang
acronyms used -Confession
-Reports of aggressive recruit attempts
-Fear reports of entire group
-Proof of organized activity
-Proof of hierarchy
received/ acted on
-Coercion and
involuntary aspects
-Group motives
https://www.nycourts.gov/judges/evidenc…
bahamianson 10 months, 2 weeks ago
Everytime police speak, they say victim was known to police. So, you must onow something about them.
Sickened 10 months, 1 week ago
Remember this guy is a defense attorney. His job is literally to protect criminals. Any legislation put forth will be argued against because he needs to ensure that there are sufficient loopholes for his private practice. The LAST thing he wants is air-tight legislation where he will lose every case and thus loose his private practice.
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