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Bahamas Bar Association Seeks The Definition Of Life Imprisonment
Related to country: Bahamas

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BBA: Define ‘Life Imprisonment’ -
By Macushla N. Pinder:
Nassau, Bahamas -


The question of life imprisonment is one the Bahamas Bar Association is hoping the Court of Appeal delivers a judgment on soon, setting out the guidelines for such a prison sentence.

As it stands, life imprisonment is indefinite.

"I think this is the most that can be said with certainty about it. What it means about the amount of time one is bound to spend incarcerated, I’m not certain that we can say at this point. We have gone past this ascribing of blame in the legal profession because the President of the Court of Appeal quite eloquently pointed out that it’s a pointless exercise," said Bar Association President Wayne Munroe.

"But certainly in a lot of jurisdictions, you have very considered legislative framework so that the issue is something the public should know – victims of crime, accused persons facing the judicial system, etc. They need to know what these sentences mean."

According to Mr. Munroe, there are quite developed systems in countries that are not as developed as The Bahamas that indicate how soon after one is incarcerated, one can apply to be released "after certain things happen."

"Certainly the Bar Council has invited the previous government and certainly this one to legislate on this issue and there has been a steadfast refusal to do so. I suspect some may accuse us of being ineffectual about that. But the most that we can do is make recommendations. We cannot legislate," he said.

"The most that we can do is hope that all reasonable people and all people who have an interest in it could somehow determine that if you have a body who is trying to act in your interest, maybe you should consult them.

"Find out the facts, then find out – for reasons they can set out to you – what are their proposals and then perhaps assist them in lobbying the persons who do have the power to change the law and make law."

Prison officials say it costs $10,000 to annually house each prisoner at Her Majesty’s Prison.

Life imprisonment is an issue Mr. Munroe said he and other attorneys have argued in a number of cases in a bid to find out exactly what it means.

"The Court of Appeal will hopefully shortly deliver a judgment setting out exactly what it means," Mr. Munroe said in a recent interview with the Bahama Journal.

"Following that, it is to be expected that it (the judgment) may well go the Privy Council, who will then finally have the final word on what that means in The Bahamas."

Mr. Munroe’s comments follow the life imprisonment sentence Supreme Court Justice Jon Isaacs handed down to murder convict Ian Hutchinson earlier this week.

Testimony during the trial revealed that Hutchinson lured his late girlfriend – well known softball player Jackie "Lil Stunt" Moxey – from her job at Bahamas Information Services (BIS), took her on a drive and then led her to a beach in the Clifton Pier area where she was beaten unconscious.

Forensic pathologist Dr. Govinda Raju found that Moxey died as a result of blunt force trauma to the head.

Hutchinson had several other run-ins with the law.

Back in 1984, the convict was arrested and charged with assaulting his ex-wife, which led to his discharge from the Royal Bahamas Police Force for four months.

He also served time in prison for the manslaughter of another female.

Despite a 21-day window to do so, the Attorney General’s office has already begun preparations to file a notice of appeal to the Court of Appeal against Hutchinson’s life imprisonment sentence.

16 February 2008

February 16, 2008 | 6:13 PM Comments  0 comments

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