The Tribune

By DENISE MAYCOCK

Tribune Freeport Reporter

dmaycock@tribunemedia.net

THE Court of Appeal has overturned a magistrate’s decision to discharge three prison officers accused of causing harm to Michael McIntosh, an inmate at the Bahamas Department of Correctional Services (BDOCS).

The case was returned to the Magistrate’s Court for continuation of the trial as soon as possible.

The case stems from an incident on April 10, 2023, when McIntosh was approached by correctional officers Garret Strachan, Troy Hanna, and Leslie Ingraham while in the Carpentry Shop. The officers allegedly escorted him to his dorm in Maximum Security and accused him of possessing a mobile phone. Although McIntosh admitted to finding the phone, he denied having its SIM card.

According to McIntosh’s claims, the officers physically assaulted him after he refused to surrender the SIM card. He sustained abrasions and a ruptured left eardrum, later diagnosed by the prison doctor. The inmate reported the incident to BDOCS’ Internal Affairs Division, but no immediate action was taken before his release from custody.

McIntosh subsequently initiated private criminal proceedings against the officers after the Office of the Director of Public Prosecutions declined to pursue charges. The officers were arraigned in December 2021, and their trial began soon after.

Magistrate Samuel McKinney discharged the officers after accepting their plea of autrefois convict; the plea argued that the officers had already been tried and disciplined by the BDOCS Tribunal for the same offence under the Correctional Officers (Code of Conduct) Rules. The Tribunal’s decision was deemed quasi-judicial, likening it to a court proceeding.

The magistrate ruled that the Tribunal’s findings barred a second prosecution under section 158 of the Criminal Procedure Code, which prohibits retrials for the same or similar offences. He concluded that the charge of assault and battery under the Penal Code was similar to the Tribunal’s finding of excessive force.

The appellant challenged this ruling, arguing that the magistrate misapplied the law. The central issue on appeal was whether the BDOCS Tribunal had the legal authority to adjudicate criminal offences under the Penal Code.

 The appellate court highlighted procedural flaws, including the timing of the autrefois convict plea, which was raised only after the prosecution had presented its case. The court emphasised that such pleas must be addressed before evidence is taken.

 The Court of Appeal also found that the Tribunal’s ruling did not constitute a criminal trial under the Penal Code. As such, the officers could not invoke autrefois convict to avoid prosecution in Magistrate’s Court.

 The Court of Appeal overturned the magistrate’s decision and remitted the matter for continuation of the trial. It concluded that the magistrate erred in discharging the defendants under section 203 of the Criminal Procedure Code.

“The principle of autrefois convict was improperly applied in this case,” the appellate court said. “The matter must proceed to a proper determination based on the evidence.”

 The case will return to Magistrate McKinney for completion.

 Brian Dorsett represented McIntosh.