The Privy Councilﾴs ruling that has effectively abolished the mandatory death penalty in The Bahamas has sparked calls for the government to do away with the countryﾴs final court of appeal and adopt a high court that more accurately reflects the desires of its citizens.
A long time supporter of capital punishment and victimsﾴ rights, former FNM MP Lester Turnquest, said yesterday that at some point, The Bahamas has to “take control of its destiny.”
“Itﾴs very important for Bahamians to stop and take stock. We are an independent nation. Our ultimate court of appeal ought to reflect the standards and morays of the people in this country. Itﾴs time for the political leaders to stop holding on to the gown tails of England and it is time for them to be brave and adventurous. We are under siege,” said Mr. Turnquest.
“There is no reason for us to hold on to a court whose rulings are consistently contradictory.”
Mr. Turnquest was one of a number of Bahamians who called into Love 97ﾴs Issues of the Day yesterday to express their concern over Wednesdayﾴs ruling and call for the abolition of the Privy Council.
The Privy Council unanimously decided to strike down the mandatory death sentence handed down in The Bahamas to all persons convicted of murder after hearing a petition from convicted murderers Forrester Bowe Jr. and Trono Davis.
The high court, which found the mandatory sentence unconstitutional, quashed the death sentences of the two men and ordered that their cases be sent back to the Supreme Court so that their sentences could be reconsidered. Up to this point, all persons convicted of murder in The Bahamas were automatically sentenced to hang.
Mr. Turnquest said that both the Free National Movement and Progressive Liberal Party governments had the ability to make the appropriate changes in law.
“The FNM government had sufficient margin to make these fundamental changes, as did the Progressive Liberal Party government today, and if those persons in governance today and those who were in government before this present government, believed in implementing the will of the Bahamian people then they would have in fact changed the laws to reflect that,” said Mr. Turnquest.
He said the reason why so many Bahamians donﾴt know what the court represents has to do with the fact that it is not “their court.”
“If we are independent then make it so,” said Mr. Turnquest.
Some lawyers debating the Privy Councilﾴs ruling yesterday described the decision as an “absurdity” that has frustrated the countryﾴs system of justice.
Lawyer and former Cabinet Minister, Algernon Allen, said yesterday that the high courtﾴs decision had placed the judicial system in a bit of a “quandary.”
Mr. Allen said that the very nature of the ruling indicates that Bowe and Davis should not have been denied protection because the law was not fully understand a quarter of a century ago.
“With this application, in this particular case, I believe that the administration of justice is put in some difficulty, mainly because you have a determination that is made that will effectively bar from the execution of everybody now on death row,” said Mr. Allen.
He said the ruling had put the proverbial “rat” among the pigeons.
Mr. Allen also questioned if the constitution would have to be changed to provide for the high courtﾴs ruling.
A number of callers called for The Bahamas to “divorce” itself from the Privy Council in relation to capital and criminal cases, and reserve the high court for civil matters only.
Mr. Allen noted said that The Bahamas should “go the way of its Caribbean brothers and sisters” and join the Caribbean Court of Justice, which The Bahamas opted out of.
“Letﾴs rely upon our perception of what ought to be,” he said.
Former Attorney General, Paul Adderley said yesterday that the ruling was somewhat predictable, given that different countries in the region had made similar challenges; however, he admitted that it has generated antagonism against the Privy Council.
Mr. Adderley also noted that the ruling involved more than just The Bahamas.
“Itﾴs got to do with something wider and broader on an international level, than just the Bahamas,” said Mr. Adderley. “This is not just a Bahamian problem, because thereﾴs another peculiar aspect of this problem – that is the effect of the Organisation of American States and the inter-American declarations in regards to murder.”
By Erica Wells, Bahama Journal
