Bahamas Makes History:

By Macushla N. Pinder -
Nassau, Bahamas:

The law lords of the Privy Council on Monday began the work of hearing and determining appeal cases for the Bahamas on the premises of the Court of Appeal in downtown Nassau. It is the first time the Judicial Committee is sitting outside of London.



The first order of business for the five judges – Senior Law Lord, Bingham of Cornhill, Lord Scott of Foscote, Baroness Hale, Lord Carswell and Lord Brown – was hearing the appeal of Marco Oliver, who was convicted in 2001 of a series of sexual related offenses, armed robbery and kidnapping.




Oliver was sentenced to 20 years for rape. He was given an additional 22 years for the rape of another female was handed down by the Court of Appeal, a total of 42 years.

He appealed the sentence. The Court of Appeal set aside those sentences and on account of this, Oliver’s sentencing was upped to a total of 55 years.

Arguing in Oliver’s defence was James Guthrie, QC, who questioned what was actually appealed to the Court of Appeal as well as what jurisdiction the court had to deal with the matter in the way in which it did.

He also reminded the court that at the time Oliver admitted being under the influence of drugs.

Representing the Crown was attorney, James Dingemans. The law lords reserved their judgment in the Oliver case. They will sit again on Tuesday morning.

The Judicial Committee’s first working session came immediately after the law lords were welcomed by the honour guard just outside the Court of Appeal on Charlotte Street that was followed by an official ceremony in the court’s chambers.



The packed chamber included Court of Appeal and Supreme Court senior justices; former attorneys general, Paul Adderley, Janet Bostwick and Tennyson Wells; officials from the Attorney General’s office; noted attorneys, Sir Arlington Butler and Damian Gomez as well as Anglican Archbishop Drexel Gomez and high ranking police officials.

Attorney General Allyson Maynard-Gibson said she was deeply honoured by the Committee’s decision to accept the invitation to sit in The Bahamas.

It is a move she is hoping would be the first of many.

"The fact that litigants before our courts are able to have final appellate access to the Privy Council under girds the confidence that has been displayed nationally and internationally in our country," Minister Maynard-Gibson said as reporters watched from a television monitor in the Court of Appeal’s foyer.

"It is my humble submission that the Privy Council’s role as The Bahamas’ final appellate court has had an immeasurable positive impact on our judicial system."

She further noted that as judgements of United Kingdom courts are routinely cited and followed by Bahamian courts, The Bahamas is in a unique position.

"The resulting certainty and stability brought to our judicial system by the Privy Council are acknowledged with thanks and deeply appreciated. It is hoped that this special sitting will be a rewarding experience for all."

The five judges normally sit to hear Commonwealth and devolution appeals and three for other matters.

The Judicial Committee deals with about 55 to 65 Commonwealth and devolution appeals a year.

Equally privileged to have been a part of making judicial history, former Governor General Sir Orville Turnquest, who represented the Inner Bar, said the Committee’s decision to visit The Bahamas marked significant cause for reflection.

"Over the many centuries of its existence, the Privy Council has set a standard for judicial excellence, which has given confidence, stability and reliance in the rule of law as operated in the many countries of the British Commonwealth, whose highest Court of Appeal has been that of the Lordship’s Judicial Committee," he said.

"… As a small independent nation, we are fortunate in The Bahamas to enjoy a reputation for peace and stability and for a strict observance of the rule of law…This morning our highest court in the land is truly and physically present in the land."

The law lords also received a warm welcome from Bar Association President Wayne Munroe, who said their visit served further to demystify some of the administration of justice in The Bahamas.

"My lords in demystification, in publishing your judgments online, you have brought to the public the job that you do and a sense of yourself and there is now no excuse for any member of the profession or the public to be ignorant as to the work of the court," Mr Munroe said.

"…We hope this is not the only occasion because it is very important for the persons who govern to see those who are governing. And as the apex of the third branch of government in this country, it is useful for you to be seen to be human just as the persons whose judgments you affect."

This paved the way for Lord Bingham to make his own brief remarks. He acknowledged that the visit occurred due to two simple reasons – the Bahamas government and the judiciary extended the invitation and the Judicial Committee accepted.

"The members of the Privy Council feel greatly privileged to serve the people of these islands. It is a role which we cherish and would not for our part abandon. The decisions on the future would rest with you and not with us," he said.

Lord Bingham was talking about the decision a number of Caribbean countries have taken to do away with the Privy Council as its final Court of Appeal, instead signing on to the Caribbean Court of Justice that was inaugurated on April 16, 2005 in Port of Spain, Trinidad & Tobago.

"Our unprecedented sitting here today reminds us that while the courts are not the only – or even the most important department of government – they have a crucial role to play and crucial duties to perform. It is the duty of the court first of all to interpret and apply the Constitution of The Bahamas," he said.

"The courts must contribute to the peace, tranquillity and good governance by enforcing the law, punishing proven wrongdoers and seeking to ensure that public power is exercised reasonably, fairly, honestly and for proper purposes. They must try to ensure that rights are protected and duties performed.

"They must underwrite the wealth and prosperity by providing that legal certainty, clarity and predictability which are the essential pre-conditions of a successful investment, commerce and finance, ever more so in a shrinking world. And the courts are guardians of the rule of law."

19 December 2006

Bahamas Law