
5 minute read
Gonsalves was right
It is clear that, instead of feeling acute embarrassment that Ralph Gonsalves had to point out from St Vincent the stark insanity of our bail situation in The Bahamas, some members of my profession chose instead to defend the indefensible.
Incidentally, the question of whether people charged with murder should be given bail in our current circumstances is one that any citizen of the Commonwealth of The Bahamas is as qualified to answer as any judge, barrister or law lord. It is a question of societal values, not jurisprudence. Where the jurisprudence comes in is in the implementation stage.
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So, when you hear lawyers citing the Privy Council as an excuse for allowing our courts to repeatedly bail people to kill or be killed, it should be understood as the insult to the intelligence of Bahamians that it is.
The Privy Council has ruled (within the context of the Bahamian Constitution) that accused persons have a right to a trial within a reasonable time frame.
When you consider the embarrassingly hellish conditions of our single prison and the historic sloth and inertia of our courts, this is an entirely understandable ruling.
Of course, both the condition of our prison and the speed of the trial process are the choice of our politicians. But instead of immediately reading the ruling as an indictment of our trial system and prison, which must immediately be fixed, they proceed like business as usual.
But another factor sits entirely with our judges. That is the question of judicial discretion, by which every jurist must take into account all of the circumstances (and not Only the issues upon which the Privy Council ruled) when deciding whether to grant bail.
In most other societies faced with the constant repetition of bail and murder that shocks Mr Gonsalves and everyone else hearing about crime trends in The Bahamas, one of those factors - the public interestwould operate to trump the others in almost all cases.
I could be wrong, but I am not aware of a single case where a Bahamian Judge denied bail on the basis of exercising this discretion and was overruled by the Privy Council. not so fortunate? Many times it is those who need opportunity the most.
On The Bahamas’ light sentencing for gun possession (which may be an even more direct immediate cause of our high murder rate) judges and politicians are equally to blame.
Ingraham actually removed the very light fouryear minimum sentence at the behest of a legal/judicial lobby arrogant enough to stray into policy issues.
And judges used the discretion that Ingraham was arrogant enough to give them to make this into one of the most gangsterfriendly countries in the region – with sentences for illegal gun possession being a fraction of those in comparable jurisdictions.
So don’t believe the nonsense about it being such a complex matter that only people with wigs and gowns can understand it. Gonsalves understood it perfectly well at a glance, as does almost every Bahamian who thinks about it.
In other words, the best and truest defence of our judges for both the bail and gun situation in our country is that our politicians are just as much to blame – if you call that a defence.
ANDREW ALLEN Nassau, April 20, 2023.
This requires for us in society to remain connected to our youth, to be aware of their challenges, and to rise to the occasion to offer assistance when needed, as best as we can.
Our young men are in the streets because they lack guidance, because they lose hope without the necessary tools and support, because they become disappointed or discouraged about their future. Too many are lost by the wayside.
They need us. They need all of us. They need support so they are not led astray, so they can become productive citizens. Our youth only want to be accepted in society. They want to feel like they are a part of something. They want to be recognized, supported and empowered. Many make decisions that end in their demise just because they did not have the opportunity. There are so many ways to encourage, support and engage these young men (and women).
We must collectively and deliberately do our part in contributing to their success. Our youth can be engaged in sports, in culture, in the arts. Support is needed from the public and private sectors - constantly and consistently. We cannot sit aside and watch without stepping in and doing what we can. With an entertainment company myself, I also have to do my part. We all have to do our part. We can contribute to empowering and saving the lives of our youth.
Those who are tired of seeing our youth being killed on the streets should take a real stand. Let’s come together to provide the opportunities for young Bahamians, and where there are none let’s create opportunities - especially for our young men who are expected to build and provide families that make a nation.
As a collective, we can make a difference.
WHITNEY FERGU-
EDITOR, The Tribune.
I am bewildered on how poorly we treat the safety of our construction workers in The Bahamas. Pass any construction site and the majority of workers have no hard hat, steel toe boots, safety glasses or reflective safety vest or bright colour shirts on. To make matters worse workers working on two-and three-story construction sites don’t have on any safety harness or hard hats. This issue is twofold, first the construction companies are liable for the safety of its workers, and secondly the Government is liable for lack of enforcement of safety rules. In a first world country this is an issue, but in The Bahamas where we lack basic safety standards, I am not sure who is liable.
Kudos to those construction companies that value their workers and do require these safeguards such as hard hats, steel toe boot, etc, be enforced. I have driven past two condominium construction sites on West Bay Street where I saw construction workers wearing these protections.
We have lost construction workers over the years, but the death of these workers seems not to stir the conscience of our law makers.
Additionally, I am sure the injuries sustained on these sites only add more burden to our already overrun government hospital and clinics. I have not even touched the personal health and financial challenges that an injured construction worker must bear.
What is the requirement to be a licensed contractor and builder in The Bahamas? Are there any safety inspections required? Are companies penalised for not following safety standards? Should we not have safety inspectors similar to building inspectors?
Why don’t we have similar standards to OSHA (The Occupational Safety & Health Administration in the USA).
According to their website “The Bahamas Bureau of Standards and Quality (BBSQ) was established, as per the Standards Act of 2006, as a corporate body operating within the Ministry of Labour. The BBSQ is mandated to establish and maintain standards for all goods, services, practices, and processes to protect the health and safety of all Bahamians.”
Seventeen years later, the BBSQ and the Government have failed the construction workers of our Bahama land. It is my sincere prayer that we will get it right if only to protect our workers.
Nassau, April 23, 2023.