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Wayne Munroe - President of The Bahamas Bar Association Applauds New System To Speed Up Trials
Related to country: Bahamas

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Bar Assoc. President Applauds New System To Speed Up Trials:
By Candia Dames -
Nassau, Bahamas:


President of the Bar Association Wayne Munroe has applauded a recent announcement by Chief Justice Sir Burton Hall that he will re-introduce a system intended to speed up the time in which matters are brought before the courts.

"I would welcome the reintroduction of any system where people understand that if you charge a man with a serious offence you should give him the opportunity to either be convicted if he is guilty or be shown not to be guilty as early as possible," Mr. Munroe said in an interview with The Bahama Journal.

Last October, Minister of National Security Tommy Turnquest revealed that there were 114 murder suspects on bail.

He said that up to September 2007, there were 39 people out on bail who were charged with rape, and more than 189 people on bail who were charged with armed robbery.

His revelation came amid ongoing concerns that people on bail are responsible for many of the crimes being committed. It was also a concern expressed by then Commissioner of Police Paul Farquharson.

During the Opening of the Legal Year last week, Sir Burton noted that he had said in the past that continuous public questions about people awaiting trial who were on bail wholly missed the point that should be "blindly obvious" – and that is the concern should be the number of people charged with serious offences who have not yet been brought to trial, some of whom were on bail, but some of whom remain in custody.

The chief justice announced that he planned to issue a new practice direction early this year, which will revive the procedures conducted at the time of "traverses", which fell away with the abolition of quarterly sessions when the new Supreme Court Act took effect in 1997.

He said the new practice of "criminal callovers" will require the Crown, both as prosecutor and as custodians of persons on remand awaiting trial, to appear in open court at intervals no less frequent than six months, to explain why persons charged before the court, whether on bail or in custody, have not been tried.

"Thought tedious and prodigal of time, I consider this a necessary exercise of the court’s duty and, in the public interest, I hope the press will attend and accurately report on these findings," the chief justice said.

Mr. Munroe indicated that this would be a good move.

"What he is setting out to demonstrate is who really bears responsibility for what is happening," Mr. Munroe said.

"In the past you had to traverse cases every three months, which means every three months there would be a list of every case filed that had not been tried. The CJ’s point was that he wishes the press to be there so the press can report the court was sitting and the prosecutors have to give reasons why people have not been tried, and so, that will clearly demonstrate to the public who is responsible for trying cases."

He pointed out that it is the responsibility of courts to preside, not to bring cases before themselves, and he said if the chief justice begins this exercise it would clearly demonstrate who is living up to their responsibilities and who is not living up to their responsibilities.

"The press can report to the public why Mr. X has not been tried, why Mr. Y has not been tried because the Crown will have to say ‘We couldn’t find the witnesses. We couldn’t do this. We couldn’t do that. We thought it was more important to try this case that happened more recently than this one that is older than it’, and so it will cause the Crown to explain to the public in a public forum why matters aren’t being tried."

Mr. Munroe believes that this process also keeps control of suspects.

"You have a potential of people going in prison, being in prison unnecessarily when their cases should be tried. Sometimes you find out a case comes up for trial and all of the witnesses have died and have been dead for sometime and a [suspect] has been languishing in jail uselessly," he said.

Mr. Munroe explained that traversing was a practice by which a case was set for a session and if it wasn’t tried in that session it had to be formally sent to the next session.

Under the Habeas Corpus Act, an imprisoned suspect would be automatically entitled to bail if his or her case was not heard within two sessions.

The Crown essentially had six months to try suspects, Mr. Munroe noted.

"But conveniently, Parliament did away with sessions and did away with that automatic application of the Habeas Corpus Act, which clearly was giving into mediocrity," he said. "Nothing prevents you from trying a man in two sessions. By taking away the need to do so you encourage people to rest on their laurels."

During his speech marking the Opening of the Legal Year last week, Sir Burton also said people who commit criminal offences are the products of families and the communities that form them.

"As you drive the streets of New Providence during the morning and afternoon school run, observe how many children – from kindergarten up through when they themselves reach an age to wreak their own havoc on the roads – are being taught the lesson by their own driving parents that rules do not matter," he said.

"As you visit the supermarkets observe how many children are taught to steal by their parents grazing in the produce or snack section and not paying the cashier. When you next present yourself at a port of entry, notice the number of returning residents, children in tow, teaching their children how to be deceitful in declaring their foreign purchase to the customs officer."

Mr. Munroe agreed that the courts are not responsible for the level of criminality in the country.

"The point [is] don’t point fingers; don’t worry about who is to blame; examine yourself; find out if you are to blame, what you do wrong. Correct what you do wrong, and if everyone were to do that then the problem would be solved very speedily," he said.

"What happens is that we sit down in The Bahamas and spend a lot of time trying to figure out whose fault it is and trying to duck blame. Everybody has a little bit of fault to carry. Deal with your problem and it would be over quickly."

14 January 2007

January 14, 2008 | 10:20 PM Comments  0 comments

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