The Tribune

By PAVEL BAILEY

Tribune Staff Reporter

pbailey@tribunemedia.net

THE death penalty debate has resurfaced in the wake of two recent high-profile murders, reigniting divisions over its place in Bahamian law and sparking calls for reform of the country’s judicial system.

The brutal killing of 12-year-old Adriel Moxey and the sexual assault and murder of a 72-year-old woman last week triggered a wave of public outcry, with many demanding the return of capital punishment.

However, as the nation grapples with its position on the death penalty, legal experts are warning that the conversation is far more complex than it appears.

Four lawyers emphasised that the death penalty remains a legal option under the Penal Code. The lawyers said the key issue isn’t whether the death penalty is “legal,” but rather how it is applied — and whether the judicial system, in particular the judiciary’s relationship with the Privy Council, is fit for purpose in the 21st century.

Attorney Bjorn Ferguson questioned the current public dialogue around the death penalty, pointing out that it has been part of the law for centuries.

“The law is clear,” he said. “It’s been on the books. Section 290(2) of the Penal Code clearly defines the conditions under which the death penalty may be applied. This shouldn’t be a national debate about whether it’s still legal — it’s about whether it should still be applied in this day and age, and whether we are addressing the underlying causes of violent crime effectively.”

Senator Darren Henfield’s recent call for the removal of the Privy Council as the final appellate court in death penalty cases stirred debate.

Mr Ferguson and K Melvin Munroe, another lawyer, argued that undermining the Privy Council would risk destabilising the country’s legal foundation.

“To discard the Privy Council, which has been the ultimate authority for over 200 years, is reckless,” Mr Ferguson argued. “The decisions they make are grounded in constitutional principles that we cannot simply disregard because of political pressure or public sentiment. It’s not just about the death penalty — it’s about maintaining legal consistency and upholding the rule of law.”

British common law has long influenced the Bahamian legal system, and the Privy Council has served as the final arbiter in major criminal and constitutional cases. For many attorneys, the suggestion of replacing the Privy Council is viewed as an attempt to sever ties with established legal precedents, a move that could have far-reaching implications for the country’s justice system.

Mr Ferguson and Mr Munroe, while supportive of applying the death penalty in extreme cases, cautioned against oversimplifying the issue.

“We need to focus on addressing the root causes of crime — poverty, lack of opportunity, and social inequality — rather than just looking for a quick fix in the form of capital punishment,” Mr Munroe added.