The Tribune

By Khrisna Russell

Deputy Chief Reporter

krussell@tribunemedia.net

THE government passed the Criminal Evidence Witness Anonymity Amendment Bill yesterday to allow for witness identities in criminal proceedings to be shielded and only revealed in screening by a magistrate, magistrate panel or judge in a bid to clamp down on acts of witness tampering.

The existing law allows witnesses to be exposed as any member of the court has the right to screen an anonymous witness.

According to National Security Minister Marvin Dames, as it stands the law now presents a loophole, which has already resulted in a criminal appeal to the Court of Appeal by convicted persons claiming their right to confront witnesses was violated as the trial included anonymous testimony. He said it also created the issue of reprisals, a serious threat to upright citizens and by extension the pursuit of justice. However, this amendment does nothing to correct future occurrences of this same issue.

Meanwhile, Official Opposition Leader Philip “Brave” Davis said rather than “tinkering” with existing law, the government should strengthen the witness protection programme.

As he made a case for the bill to be passed, Mr Dames said from 2015 to date, the anonymity order has been applied in approximately 80 criminal cases according to police statistics. Out of this number, more than half of the cases, showed evidence of witness tampering.

Witness tampering, he said, has been compounded by gun violence and gang culture in the country, contributing to the lion’s share of all homicides committed from 2015-2017. During this period, there were 378 murders recorded and the average age range of the victims was 18 to 35.

He explained that in 2015, an estimated 79 percent of the murders were committed by firearms; in 2016 an estimated 84 percent and in 2017 an estimated 88 percent, adding that already for this year an estimated 79 percent of murders were by guns.

“We are in this place to send a message to all who are hell bent on causing destruction and living a life of crime and violence,” Mr Dames said. “We are here to send a message that this government will not tolerate intimidation of witnesses, intimidation of victims (or) intimidation of anyone.

“And so all of those who are out there living a life of crime (and feel) that they can do what they please, they now ought to listen and listen carefully that we are not here to infringe on their rights, but what we are here to do is protect the rights of all.

“This amendment is not an infringement on the civil liberties of others in no way, but about the practical and swift ways to combat serious crimes in our country and to protect those who are brave to step forward and to hold those who are responsible to account.”

Financial Services and Immigration Minister Brent Symonette said in his view, this bill will serve in the fight against crime as it brings an element of fairness to deceased victims and their families.

He said: “When we talk about justice and the balance of fairness, the guy who is dead deserves fairness.

“If I am going to take ‘John Doe’ and move him to Ragged Island with 35 to 40 people and this stranger appears and says he is here for witness protection Nassau will know before the plane lands. The other side of the coin, we say let’s send him to the big USA and the problem is that most of those fellas got criminal records themselves and the United States won’t take them. So we can’t take them over that way and lose them in Wyoming or New York City because they themselves may have had scrimmages with the law.

“So this is the balance we are trying to make.”

He also spoke about immigration matters.

“I rise to speak on this issue just to send out this warning.

“We need to try and put some fear in those people involved in smuggling of illegal immigrants,” the St Anne’s MP said.

“One was caught the other day, taken before the court and was charged and found guilty and fined. He was here on a work permit. That permit is up for renewal and will shortly be on my desk. In case he hasn’t heard yet, the clear message will be – refused, because we cannot allow human traffickers to break the law in our country and come back and get another work permit. Not on my watch. Go home now because when we prosecute you, that’s where you’re going.”

The same applies to foreigners married to Bahamians. He said these people cannot break the immigration laws and then seek the protection of the state.