The Tribune

A MOST unusual case came before Chief Magistrate Andrew Forbes yesterday when a lawyer, who was a former police constable, now an outspoken defender of the rights of police officers, appeared before him charged with committing “intentional libel” against two top officers of the Royal Bahamas Police Force.

Maria Daxon’s lawyer asked the magistrate if the prosecution had actually done an investigation before laying charges. It was most unusual that a matter, generally treated as a civil matter, was now before a criminal court. This indicated that the alleged offence had already been pre-judged as a criminal and not a civil matter. The defence lawyer wanted to know if the police had rushed to judgment without properly investigating the facts in the case being brought against his client.

Chief Magistrate Forbes quite rightly replied that his duty was only to hear and judge matters brought before him. “Beyond that,” he said, “I cannot speak to the mind-set of the investigator.”

We do not know any of the details of this case — even if we did we could not comment on them because this matter is now sub judice. This means that no comment will be tolerated for any matter in the jurisdiction of the courts. To do so would be a trespass of the highest order and we could find ourselves standing before the Bar of the court next to the accused. Our only concern is the manner in which this case is being handled — and what appears to be a rush to judgment before the case has been heard.

The allegations are that lawyer Daxon, between August 26 and 30, wrote defamatory statements about Police Commissioner Elliston Greenslade and Assistant Commissioner of Police Leon Bethell. We have no idea where these statements were published, but it is being said that they were seen on Facebook. Neither have we any idea of the content of the publication, except that in court the Chief Magistrate was told that the defamatory statements were likely “to injure and expose” the senior officers to “general hatred, contempt or ridicule.”

Even before hearing, the charges were judged to be criminal libel which under the recent Bail Act amendments means that Ms Daxon’s statements were considered a non-bailable offence in the Magistrate’s court. This meant that she had to be held in prison until October 5, the date set for the hearing. Of course, she can apply to the Supreme Court to be released on bail before that date.

All of the above is a matter for the courts. However, what is of concern to the general public is the seeming threat to free speech. Here in the Bahamas speech has been very free – in some instances it goes too far and when this happens the person defamed has the right to seek justice — again through the courts, but generally the civil courts. Most of these matters are settled out of court between lawyers when an amicable settlement can be reached. If not, it goes to court where both sides can he heard and the court adjudicates. The judge decides the extent of guilt and the damages, if any, to be paid. It can rest there, but if not satisfied, the complainant can climb the judicial ladder on appeal.

However, no one need entertain the idea that they can say and write anything they please without a solid basis in fact, especially if it injures the reputation of another. There is freedom - but all freedom has its limits.

Freedom of expression includes seeking, receiving and imparting information or ideas and the right to express any opinions without censorship or restraint.

“This is truly a sad day for our democracy and all Bahamians everywhere should be outraged,” said a lawyer in a letter to The Tribune yesterday on learning that the accused lawyer had been sent to prison on remand.

“We deserve to live in a society free to expose corruption and indecency without fear of arbitrary arrest and detention,” the letter writer said, adding that he did “not intend to be silent or silenced on this matter”.

Today’s concern is the fear of authority over reacting to a society grown accustomed over the generations to very free speech. This is one freedom that Bahamians have no intention of giving up without a fight. So we hope that the authorities will not rush to judgment, but will handle these freedoms with care. However, we must also caution the public that every man is entitled to his reputation.