The Tribune

EDITOR, The Tribune.

Re: Tracing and Forfeiture of Proceeds of Drug Trafficking. (Chapter 86)

The Tribune headline on the September 16, 2013; “US Loses $14m drug case ruling” has prompted me to write yet again about our failure to enforce the provisions of chapter 86 of the statute laws of The Bahamas.

It appears, that the United States government made an effort to seize the assets of a drug baron, who resided and operated from our country.

It appears, that the assets referred to in the case are his Bahamian assets. I find it extremely difficult to understand why the provisions of Chapter 86 are not being enforced in our country.
I have read the provisions of Chapter 86, which has been in existence since 1987. It is my opinion, that the contents give the authorities massive powers of enforcement.

It appears to me, that in such instances investigations should begin with our Financial Intelligence Unit in consultation with the Royal Bahamas Police Force and the result of their investigations forwarded to the Attorney General. In the following paragraphs I am quoting sections of the Act, that may tend to stir action on the part of authorities here.

“Section 4(1) Upon conviction for one or more drug trafficking offences committed after coming into operation of this Act, a person shall, in addition to any other penalty prescribed by any law for that offence, be liable at the time of sentencing in respect of that conviction or at any time thereafter to have a confiscation order made against him in accordance with the provisions of this act.

“Section 9 (1) The powers conferred on the court by sections 10 (1) and 11 (1) are exercisable where -
(a) the defendant has been convicted for a drug trafficking offence committed after the corning into operation of the Act, or
(b) proceedings instituted in The Bahamas against the defendant for a drug trafficking offence have not been concluded; and
(c) the court is satisfied that there is reasonable cause to believe that the defendant has benefited from drug trafficking.”

There are so many persons in The Bahamas, who have been convicted of drug trafficking since the coming into operation of the Act. Many of these persons have become wealthy from the proceeds of drug trafficking and should be the targets of the law enforcement and other agencies responsible for enforcing the contents of Chapter 86 of the statute laws of The Bahamas. In this case the government of the United States of America tried and failed. The $14 million is still there at the disposal of the government of The Bahamas.

PAUL THOMPSON Sr

Nassau,

October, 2013.

(It would make more sense chasing these millions — millions that can be identified and located — than wasting time joining CARICOM in a fight for reparation from the slave trade that ended more than 200 years ago. Certainly for the region’s comparatively successful Bahamas that battle cannot be won — there’s certainly no pot of gold at the end of that elusive rainbow. It will also cost this government more in legal fees to present a reparation case than Bahamian taxpayers can afford. — ED).