The Tribune

By LEANDRA ROLLE

Tribune Chief Reporter

lrolle@tribunemedia.net

A MAN calling for accountability after police allegedly beat him in custody is “free to make a complaint”, National Security Minister Wayne Munroe said yesterday.

Javis Smith's armed robbery case was thrown out last month after a Supreme Court judge refused to accept the prosecution’s evidence of his confession to the crime.

Mr Smith, who was arrested in 2018, claimed police beat him with a cutlass on his buttocks, put a fish bag over his head, and poured hot sauce in his eyes so he would confess to armed robbery.

Justice Gregory Hilton ruled that the prosecution did not fulfil its burden to prove that the confession was obtained willingly and not under duress.

The prosecution later withdrew its charges because the confession was the only evidence in the case.

Defence lawyers have for years said that torture for confessions is a human rights problem in The Bahamas.

Mr Smith has said the police should hold the officers who allegedly beat him accountable.

Mr Munroe, however, suggested the police will not take progressive steps to investigate matters even after cases are thrown out because judges do not accept a person's confession.

“I’ve done a number of cases," he said. "What judges find in voir dire is that they are not satisfied beyond doubt that the confession is voluntary or that there are circumstances that may render it unreliable."

“The Crown has the burden of proof at all things and all that is saying is they’re not satisfied."

"That shows the protection that people have. Everything is subject to investigation. If he would like to make a complaint, he is free to make a complaint.”

“The consequences may be a little different than he expects."

The United Nations Working Group on Arbitrary Detention (WGAD) said in its report last year that the country is not doing enough to ensure forced confessions to crimes are not impeding people’s right to a fair trial.