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Davis on court case backlog

EDITOR, The Tribune.

On Tuesday, 28th, June 2022, I was taken aback after hearing the Hon Prime Minister’s charge regarding the backlog of criminal cases and how the High Courts of the Commonwealth of Bahamas ought to step up to the plate. This appears to be an assertion in error by the Hon Prime Minister Philip ‘Brave’ Davis.

In a political science manual it lays out the three pillars of what accounts for or what necessitates the orderly disposition of a country’s social criminal-administration processes and lists them:

  1. The Executive Branch of Government

  2. The legislative assembly

  3. The judicial Branch of Government

Now, this being the case, a sitting Prime Minister must know that if the notion, according to him, seemed to suggest that there were problems with the judicial branch and how it marshals its responsibilities in court, then it is incumbent on the Government of The Bahamas to convene a meeting with the Courts Authorities to acquire the shortfalls, if any, and find out why it appears that the criminal elements were having a field day because of the perceived challenges of the judiciary. This is supportable, I think?

Editor, just this moment I felt like discontinuing this article because what I am writing about is so trivial, I’m sorry.

Hon Prime Minister Davis, please consult with the hierarchy of the High Courts, before denigrating it.

Whatever might be the difficulties... one thing is certain the High Court does not have its own budget, the Parliament of the Commonwealth of The Bahamas, were the ones to supply all of the needs therefore.

Now, about the backlog and the assertion of the Hon. Prime Minister about that backlog.

Earlier in my time as a policeman, I had the privilege to have been assigned to the Attorney General’s division and worked to assist with assigning criminal case files for trials and also locating suspects for the High Courts of the Commonwealth of The Bahamas... this was just before the year 1992, which meant that Sir Lynden Pindling was Prime Minister and his party the Progressive Liberal Party (PLP) was the government of the day. But what I found while I worked that Office was that there were in excess of 100,000 Criminal cases sitting in the backlog at the Attorney General’s Division, on East Hill Street, Nassau. Then the General election of 1992 came and we saw a change of government from Pindling to Ingraham. The Hon Hubert Alexander Ingraham and his Free National Movement Government took over and the backlog continued. Not once under the Pindling Government had I recalled him addressing the backlog of cases.

So, Hon Prime Minister Davis, might I remind you, sir, that you must come with proof of whatever you intend to say to The Bahamian people, because many people can remember, do remember certain events as if they were done yesterday.

Several years ago I wrote suggesting what it would take to administer justice in this country.

  1. New Providence should be divided into four districts and equipped with whatever districts will need – police, fire department, courts, mini-hospitals or strengthening of clinics, etc.

  2. And crimes occurring in the various districts to be tried there.

  3. Therefore, and that being the case, go into the backlog of cases and apportion those files based on place or districts in which the problem have occurred. This would get the files moving again and many of those files – the witnesses could potentially be deceased – could be shelved.

FRANK GILBERT

Nassau,

June 29, 2022.

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