The Tribune

By LYNAIRE MUNNINGS

Tribune Staff Reporter

lmunnings@tribunemedia.net

A SUPREME Court judge has ordered the release of remand inmate Carlos Butler, ruling that his continued detention at the Bahamas Department of Correctional Services (BDOCS) while suffering from severe spinal injuries and disabilities would amount to inhuman or degrading treatment under the Constitution.

Justice Loren Klein granted interim constitutional relief to Butler, a 33-year-old remand prisoner who was left wheelchair-bound after being shot multiple times by an off-duty police officer during an alleged armed robbery on April 24.

The judge found that Butler, who cannot move one leg and has lost bowel and bladder control, requires specialised medical care and facilities that BDOCS is currently unable to provide.

Butler was hospitalised at Princess Margaret Hospital from April 24 to May 8 before being charged with armed robbery and firearm offences. He was remanded to BDOCS on May 11 and is scheduled to return to court on August 13.

In his constitutional claim, Butler argued that his detention conditions violated his rights under Articles 15 and 17 of the Constitution, which protect the right to life and prohibit inhuman or degrading treatment.

Court documents said Butler is entirely dependent on others for mobility and personal hygiene. He is housed in a cell shared with other inmates that lacks bathroom facilities, running water and proper bedding.

Justice Klein described Butler's condition as a "complication of atrocities", noting that his severe medical challenges were compounded by unsuitable living conditions.

The judge said Article 17 imposes a positive obligation on the state to ensure that prisoners are treated with dignity and provided with necessary medical care.

Citing local and international legal authorities, Justice Klein said there was a strong argument that Butler's continued detention breached constitutional protections.

The court heard evidence that Butler faces serious health risks, including pressure sores, infection, pneumonia and other potentially life-threatening complications.

In his affidavit, Butler said: "I am not making this application in order to evade accountability for any wrongdoing that may properly be established against me in fair and lawful proceedings. I am making this application because I am a human being, because I am seriously injured and medically vulnerable and because I genuinely fear that detention at BDOCS in my present condition would place my life and health at serious and foreseeable risk."

The Attorney General's Office opposed the application primarily on procedural grounds, arguing that Butler had alternative remedies available, including bail. However, Justice Klein rejected that argument, finding that bail was not an adequate remedy for an alleged breach of constitutional rights.

The judge also noted that government lawyers did not dispute that Butler's case raised serious issues for trial. During the hearing, attorney Donard Brown, representing the respondents, accepted that the balance of convenience favoured Butler because he faced the greater risk of suffering irreversible harm.

A letter from BDOCS Medical Officer Dr Hasting Johnson, submitted during the hearing, confirmed that Butler is "confined to a wheelchair" and "severely handicapped" as a result of his injuries.

Dr Johnson recommended major structural upgrades for disabled inmates, including wider doors, accessible showers, grab bars, specialised mattresses and adapted sleeping facilities.

Justice Klein concluded that the prison's own medical evidence supported Butler's claim that BDOCS lacked adequate facilities for someone with his condition.

The judge granted an interim declaration, saying: "The court declares, on an interim basis, that the continued detention of the applicant at the Bahamas Department of Correctional Services (BDOCS) at Fox Hill, as a person suffering from severe spinal and neurological injuries, significant mobility impairment, wheelchair dependence, and loss of bladder and bowel control, in circumstances where the prison cannot provide the medical facilities and treatment reasonable required by his condition, constitutes and/or would constitute inhuman or degrading treatment contrary to Article 17 of the Constitution."

To give effect to that declaration, Justice Klein ordered Butler's immediate release so that he can obtain proper medical treatment as an outpatient. The court directed the Attorney General, Director of Public Prosecutions and Commissioner of BDOCS to take all necessary steps to secure his release.

Although the judge declined to characterise the order as bail, he imposed conditions similar to those attached to bail. Butler must enter into a $5,000 bond secured by one or more sureties, report weekly to East Street South Police Station and provide his home address to the Criminal Registry.

Justice Klein stressed that the order was a specially crafted constitutional remedy rather than a grant of bail. The substantive constitutional claim will be heard on July 2 and costs were reserved to the outcome of the case.