DARREN Henfield is trying to treat a symptom and not the illness.
The FNM senator is calling for a constitutional amendment so that people who are accused of multiple serious crimes can be locked up indefinitely.
Note the word used there: Accused. Not guilty, but accused.
He said that “something has to be done” about the violence on our streets – he’s right in that regard – but then goes on to say: “I don’t care that you’ve been charged before a court five or six times for murder or attempted murder and you still come back before the court and you’re granted bail. How in the world, which reality are we living in?”
For Mr Henfield, it seems the number of accusations is enough to presume that at least one of them is true – but of course every case has a presumption of innocence. Innocence until proven guilty applies in every case – no matter how many accusations there are. Otherwise, what would there be to stop a government from locking up its opponents on trumped-up accusations?
Mr Henfield concedes that it is fine to grant bail to people charged with one murder – but then he chooses a peculiar example to illustrate his point, the case of Tennison Chisholm, who was shot dead after leaving a gym on Monday night while out on bail for attempted murder. That would be one accusation – so even in Mr Henfield’s world, he would be out on bail anyway.
The problem of course is that our system is such that when someone is accused of such a crime, it is likely going to be years – sometimes many years – before they are brought to trial. Therefore, it is inhumane to detain someone indefinitely who has not actually been found guilty of the crime for which they are being detained.
Some may cry out well they’re criminals, they get what they deserve – but an accusation can be made against any one of us, it does not make it true. How would any of us feel if we knew we were innocent but we were locked up anyway for years in a knee-jerk response to the real problem.
Speeding up our court system is the solution. Though going hand in hand with that, reducing the number of murder cases it has to deal with is the other end of matters.
It is not easy. There have been 81 murders by The Tribune count this year already, that’s potentially 81 more cases to go through the courts – although in a sign of the despairing situation we are in some of those may well have been murder suspects turned victims themselves while out on bail.
If courts operate in a timely fashion then bail can indeed be denied if it is felt the case can be heard without prolonged detention.
We understand Mr Henfield’s frustration – but taking away civil rights in response to institutional delays is not the answer.
Hiring more judges, as the government plans, is a start. Perhaps there are other ideas that a broader discussion can bring to the table. But we should tread very carefully when it comes to changing our constitutional rights.
Comments
sheeprunner12 6 months, 2 weeks ago
Hendfield is a lawyer. He knows the system. When there are serial criminals who openly convict murders time after time, it is obvious that they are callous and don't fear the courts or the consequences of their actions. In these cases, the system is broken.
Either the system gives them bail and watch them continue to murder (or be murdered) OR provide swift justice for murder and HANG the murderers.
The choice of HANGING is not popular with the Privy Council, so our lawmakers (like Hendfield) need to decide HOW to break the cycle of murder in our courts. That is their role. They have to step up and govern for Bahamians, not English lords.
hrysippus 6 months, 2 weeks ago
50 years of independence. 50 years of chronic and continuing underinvestment in our judicial system. Our elected officials have thought it was more important to fly themselves, their family members, and political cronies off on first class trips abroad than to spend that money on new courts and the necessary personnel to staff them. 'Justice delayed is justice denied; is an old maxim but true nonetheless. Putting people who have not been convicted in our disgusting prison is not a good answer.
bobby2 6 months, 2 weeks ago
The bail system should be revised to where the Prosecuter must lay out the facts surrounding the reason for arrest of the individualalleged to having committed murder. If it appears very clear that the evidence presented will most likely result in conviction, bail should be denied & accused guaranteed of a trial within 6 months.
birdiestrachan 6 months, 2 weeks ago
Mr henfield not the bright bulb. More judges are needed. In order to make trials quickly. Having trials take so long the memory fades and files are lost.
ThisIsOurs 6 months, 2 weeks ago
Corruption in parliament and armed branches is the problem. When the criminals see MPs, policemen, defence force personnel, customs officers and immigration officers increasing exponentially off a govt salary they feel the right to follow the by any means necessary personal enrichment policy too. And the people on the street know better than us who corrupt and who getting what. Theres a story in the paper today of the former police staff association chairman caught in a drug scandal with 2 Columbians. The sheer irony. People know. Corruption is the source of all our problems including high food and gas prices
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