The Tribune

EDITOR, The Tribune.

THE Chief Justice's "warning" on the government's plan to introduce an amendment to the Bail Act, has cemented the public's opinion that changes have to be made, either to the constitution or to appointments to the offices of judiciary.

Minister Turnquest told the public what was already known, it may not be known by persons who are oblivious, unaffected or profiting from criminal activity, but those who are being affected, reality is what it is.

Quoting the Chief Justice, "Parliament is not supreme. It is subject to the constitution and whatever laws they pass must be able to pass constitutional muster.

"They cannot infringe on rights guaranteed by the constitution which we as members of the judiciary are sworn to uphold."

The question that the government is asking and the answer the judiciary (or the Chief Justice) has to give is hidden in the above quote.

How do you protect the rights of a person on bail who has been charged with multiple offences over an extended period?

How do you protect persons who are going to be called as witnesses if the system is ineffective and those in charge see any change or talk of change as a judicial or constitutional threat?

Is the safety of the criminal to be elevated above that of the law-abiding citizen?

It seems like those seeking political office see The National Security Ministers remarks as an opportunity to get on a soapbox as they attempt to "protect the judiciary" and Messrs Christie and McCartney are making the most of the opportunity.

They are not wise. Their articulations do not address the rights of the majority of persons they are seeking to represent, maybe the opportunity to lay into the government gave them an acute case of short-sightedness.

The public agrees with what the Minister said, but there seems to be something very wrong with some of us who need to make a point at the expense of the majority of Bahamians.

Until we are all affected, there will be no seeking of answers or adjustments.

Until we experience a "spilling over" where the criminal demographic does not have a particular specificity, we will not be able to see the connectivity, but when this happens it will be too late; and there will not be enough bars, gates or guns, to protect anyone.

EDWARD HUTCHESON

Nassau,

September 26, 2011.

(Since this letter was written the amended Bail Act was passed and a judge can no longer grant bail in certain cases, for example, on charges of murder, armed robbery, rape, attempted murder, possession of firearms designed to discharge explosives, possession of firearms or ammunition intended to endanger life or cause serious injury to property, etc. Magistrates are now telling lawyers that as far as bail goes they can no longer oblige their clients. This is as it should be, both for the safety of the public and the accused -- and even for the witnesses. -- Ed).