FNM Blasts Change In Coroner’s Court Policy:
By Candia Dames -
Nassau, Bahamas:
In a statement issued last night, the Free National Movement said it was "deeply disturbed" at the abrupt and unexplained reversal of policy governing the efficient investigation of sudden and unexplained deaths in The Bahamas.
"This abrupt change of policy must be fully explained to Bahamians," the FNM said.
It was referring to a decision by Chief Justice Sir Burton Hall to end the practice of having an exclusive coroner, who was Linda Virgill.
The FNM statement said that in 1993, when the Coroner’s Court was established, the expressed intention was that every unexplained or sudden death in The Bahamas would be referred to that court so that the cause of any suspicious death would be independently determined.
Prior to 1993 there was an enormous backlog of unexplained deaths awaiting the attention of magistrates throughout The Bahamas who were already far too busy performing their normal functions to take any extra time to investigate unexplained deaths, the statement said.
It added, "Prior to 1993, the system of Coroners’ Courts had broken down."
"The system of having a specialized Coroner’s Court has worked well over the past 13 years," FNM Leader Hubert Ingraham said.
"The need for an efficient system to investigate sudden or suspicious deaths is a matter of grave importance to bereaved family members of deceased persons and to the peace and good order of The Bahamas.
"When returned to office, by the will of The Bahamian people, I commit that the FNM government will amend the Coroners Act to constitute specialty Coroners’ Courts, so that all unexplained deaths will be promptly and efficiently investigated, as has been the case since 1993."
According to a Supreme Court Memorandum obtained by The Bahama Journal, which was signed by Sir Burton, the practice of designating a particular magistrate’s court as the Coroner’s Court – which began in 1993 with the appointment of Winston Saunders as coroner – has been scrapped.
"In the extraordinary cases in which it is necessary to hold an inquest, the facilities now available to accommodate a jury will be accessible to any magistrate qua coroner," Sir Burton said in the memo, dated September 18.
The chief justice did not provide a reason for his decision.
On Wednesday, Chief Magistrate Roger Gomez confirmed to the Journal Mrs. Virgill would not preside over an inquest into Daniel Smith’s death.
"Because of the remarks she made, she won’t be hearing (that inquest)," he said.
The FNM in its statement also said it is dismayed that this sudden change in judicial policy was precipitated by the death of Daniel Smith.
Smith was the son of Anna Nicole Smith, the former Playboy playmate and reality TV star. He died in Doctors Hospital last week while visiting his mother who had just given birth to a baby girl.
The FNM statement added, "The Free National Movement is also disturbed over the special treatment being dished out to Ms. Anna Nicole Smith by a government which hastily gave her permanent residency; and by a government whose Minister of Labour and Immigration, the Hon. Shane Gibson, has been known to personally visit Ms. Anna Nicole Smith at a dwelling home and, during her recent moment of deep personal loss and distress, at her hospital bed."
Asked last night whether he visited Ms. Smith, Minister Gibson said, "I’ve met with lots of high profile individuals from before I was a member of the government and so meeting high profile individuals is nothing new to me."
He refused to say whether he had visited Ms. Smith in hospital. "Is that important?" he asked. "What would be the significance of that?"
He said however that he does know Ms. Smith personally.
Minister Gibson was also asked whether Ms. Smith got her permanent residency quickly.
"She got treatment that we tried to give to every economic permanent resident applicant," he said, but refused to confirm how long it took Ms. Smith to get her permanent residency. He said he would have to get the specific time and did not know that last night.
21 September 2006
bahamian law
