The Tribune

By AVA TURNQUEST

Tribune Chief Reporter

aturnquest@tribunemedia.net

GRAND Bahama Human Rights Association President Fred Smith yesterday called for the separation of powers between the executive branch of government and the judiciary.

Mr Smith charged that the controversy surrounding allegations of judicial interference against MICAL MP V Alfred Gray highlights the “mischief and unconstitutionality” of having members of the executive branch of government involved in judicial functions.

“Our democracy is based on the separation of powers,” Mr Smith said, “the doctrine whereby the executive should not interfere and be involved in the judiciary. Unfortunately we have leftovers from our past colonial history, whereby administrators, justices of the peace and certain magistrates are appointed by the executive.”

Mr Smith suggested that the appointments engender an environment where appointees are beholden to, and take orders, from the executive.

“We should abandon these relics of our colonial past,” he said, “and we should amend the Magistrate’s Act, the Local Government Act and the Criminal Procedure Code to remove and separate all judicial functions from executive appointments.

“Magistrates, JPs, and administrators should not perform any judicial functions if they are appointed by the executive. So the GBHRA urges the government to address this fundamental constitutional issue and to reform our laws bringing them into line with the current 1973 Constitution and completely divorce judicial functions from any executive appointees.”

Last week, Acting Deputy Commissioner of Police Anthony Ferguson said the investigation into allegations against Mr Gray were “near completion”.

Mr Gray has been the subject of immense criticism since the FNM accused him last month of abusing his power by contacting island Administrator Zephaniah Newbold about a man convicted in Mayaguana and sentenced to a prison term. Mr Newbold was the local magistrate who presided over the case. The accused man in question was reportedly released shortly after that conversation.

Mr Gray has refuted the allegations against him and said he will be vindicated by the police investigation. However, he has admitted to contacting Mr Newbold to offer “legal advice” on the matter.

Mr Gray’s local government portfolio has been transferred to Financial Services Minister Hope Strachan.

Mr Smith added: “As can be seen from everything that has come out in the press, Bahamians expect separation of powers, checks and balances, and that there should be no potential opportunity for executive interference in judicial functions. It is impossible in this day and age to have judicial and executive functions merged and performed fairly and independently by the same person.”