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Fayne Thompson - Bahamian attorney says that the resumption of capital punishment in The Bahamas may not be legally possible
Related to country: Bahamas

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Resumption of death penalty may not be possible, says lawyer:
By KRYSTEL ROLLE, Guardian Staff Reporter-
Nassau, Bahamas:


Despite the Prime Minister's assurances that his government would do all it could to ensure the resumption of capital punishment, a seasoned attorney said that may not be legally possible.

Acknowledging that nothing has been done to address the March 2006 Privy Council ruling, which found that the mandatory death sentence was "unconstitutional," Prime Minister Hubert Ingraham said last month that the government would do its "utmost to have these legal obstacles determined" in the shortest possible time.

However, yesterday attorney Fayne Thompson said he did not know that the legal positions allow the prime minister "to even consider that unless some of these mediations are clarified."

In the face of an escalating murder rate, Bahamians have been calling for the government to do something -- with capital punishment at the top of their lists. And with the latest murder on Friday, which brought the homicide count to 75 -- the highest number ever recorded in the history of the Bahamas -- calls for capital punishment are expected to get louder.

According to Thompson, sentencing guidelines have to be put in place so that the tariffs which help differentiate convictions like murder one, murder two and manslaughter can be established.

"When we get that distinction right, similar to what many civilized countries have already done around the world, I do not believe there will be another hanging in this country," said Thompson. "I believe that our politicians and the Prime Minister have been disingenuous, when they talk about hanging taking place."

His comments came during the Parliament Street talk show, hosted by Steve McKinney. Also present was community activist Dr. Elwood Donaldson, who also discussed the issue.

The Prime Minister had said after his return from CHOGM in Uganda, that the death penalty had to be constitutional. "The United Nations Human Rights Declaration permits it. It will take us awhile to get the procedure right, but we will be working on that as swiftly as we can so that we can carry out the ultimate penalty under the law, if and when it is justified," the PM said.

After the Free National Movement took office in 1992 there five executions.

Before the Privy Council Ruling, once a person was convicted of murder, the death penalty was mandatory. However, if that person was made to wait on death row for 5 years, the sentence was reduced to life in prison.

Donaldson, who supports capital punishment, said that rule was only put in place to obstruct persons from carrying out the law.

Since 1929, fifty men have been hung - five under the FNM and 13 when former Prime Minister the Late Sir Lynden Pindling was in office.

Donaldson said individuals who interrupt the safety of society have to be dealt with in one of two forms: Terminating the existence of the threat -- murder being the ultimate threat -- or jail time.

Whether the government should hang people is not the issue, he said. According to him, government needs to address the question of how the country got "to this place". He said, "The hanging is only one part. This society is no longer a place for decent people."

December 10, 2007 | 8:43 PM Comments  0 comments

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