Published On:Thursday, September 02, 2010

BETWEEN Monday and Friday the Bank Lane area of the courts becomes a tinderbox just waiting for the right day and the right match to set it off.

A solution has to be found -- and found quickly -- to satisfy the writ of habeas corpus for prisoners on remand while at the same time protecting the public from the daily congregation of too many accused persons -- many with violent backgrounds -- being brought to court to satisfy the magistrate that they are in good health and are being justifiably held in prison.

Habeas corpus -- translated means "you have the body" -- is an ancient common law writ going back to Anglo Saxon days even before Magna Carta (1215) -- to compel the appearance of a person in court. It is mandatory to make certain that no person held on remand is forgotten and through neglect is allowed to rot in prison without trial. Despite this safety valve and the fact that prisoners on remand are regularly bused to the Bank Lane courts, in 2007 the Privy Council ruled that Atain Takitota of Japan, who arrived in Nassau sometime in August 1992, spoke no English, and was picked up by police as a vagrant, had indeed got lost in the system -- for more than eight years. He was awarded more than $500,000 in damages and released having in all those eight years never been charged with an offence. The busing of prisoners on remand to and from HM prison to Bank Lane to satisfy the magistrate that they are alive and well and to have their remand extended was a constant annoyance to motorists as prison buses literally flew past with a siren-screeching police escort forcing every vehicle off the road. The daily exercise endangered the motoring public. Of course, they complained.

For some time, because of the large numbers of remand prisoners involved magistrates allowed the prison to produce warrants instead of "the body." This meant that all the 600 prisoners on remand did not have to make a personal weekly appearance in court . About 40 to 50 of them were brought to court each day.

However, about a month ago Magistrate Carolita Bethel required the production of "the bodies" -- in fact the law requires that they be taken from the prison compound to the court. No longer would warrants be accepted in the absence of the prisoners. This meant that to get all 600 prisoners on remand before the courts each week, more than 100 had to be sent in daily in four buses. Yesterday about 200 arrived in Bank Lane. Each of these buses is a mini prison parked in the centre of a busy town with tourists as a part of the mix. Yesterday six cruise ships were docked and visitors were milling around.

This not only presents a manpower problem for the police, it is a security risk for the public -- and, as one observer pointed out, a threat to the "precious goose that daily lays a golden egg" -- our visitors. Sitting in those buses are hardened men accused of murder, armed robbery and other violent crimes.

There is no way to accommodate them in Central Police station so they have to sit all day in hot buses. They have to be fed, watered and escorted to the toilet. As it was pointed out, the bathrooms at Central are not equipped for such stress. Often police officers have to escort two or three shackled prisoners to one of the several courts located in the square. The area has been cordoned off to keep the public at a distance, but between guarding prisoners, taking them to court, to the bathroom and feeding them, while warding off noisy relatives trying to get to them is not only presenting an enormous challenge to police officers, but a security risk to the public. We understand that everyone is frustrated - including the magistrates.

The buses can only hold 20 persons. No more than jitneys, they are not built to safely transport prisoners. Because of the heat, the windows have to be down. And one only has to recall what happened a few years ago when a prisoner, being escorted from a court in Victoria Gardens, was handed a gun by a female standing nearby. He made a break for freedom, creating panic in his wake. The potential of something going wrong in the public square under such tense and frustrating conditions is not beyond the realm of possibility.

We understand that this week a new system was implemented to move groups from the square as quickly as possible. As soon as each made his appearance in court he was returned to his bus. When the bus was full it left for Fox Hill. It meant a constant ferry to-and-fro all day long. The last bus arrived at the prison compound at 8pm on Tuesday, only to discover 26 prisoners missing. It is understood that they spent the night at Central Station, where about 16 CCTV cameras have been installed to monitor any attempt at escape.

The authorities are greatly concerned. We understand that National Security Minister Tommy Turnquest is considering larger buses for transport -- buses that will carry 36 to 40 persons instead of the present 20. Police Commissioner Ellison Greenslade was in the public square yesterday, obviously trying to find solutions to a dangerous situation that can no longer be maintained.

Our suggestion is that the law be amended to allow prisoners to remain on the prison compound. Government should then put to good use modern technology that will permit an inmate to appear before a camera and talk to a magistrate on the bench. And to satisfy the convention that such hearings must be open to the public this should be done in open court so that the interested public can watch proceedings -- and every mama can see her "precious boy."

Today this is the way many international conferences are held. It is just a matter of moving with the times, and taking advantage of the new gadgets that will solve these problems.

Whatever the decision, planting mini-prisons holding accused murderers, armed robbers and rapists in the heart of our legislative and commercial centre is no longer an option. A solution has to be found and found quickly.