Director of Public Prosecutions Cordell Frazier
By LEANDRA ROLLE
Tribune Chief Reporter
lrolle@tribunemedia.net
DIRECTOR of Public Prosecutions Cordell Frazier yesterday pushed back against criticism over the sentence given to a wealthy businessman convicted of firearm offences, insisting that cases are judged on their individual merits, not on a person’s wealth or nationality.
Her comments came amid public backlash over the case of 62-year-old American James Finkl, the former head of Finkl Steel, one of the world’s largest steel manufacturers, who escaped a mandatory prison sentence after admitting to bringing 14 guns and more than 1,000 rounds of ammunition into The Bahamas aboard his yacht in Bimini last week.
In 2021, the Court of Appeal ruled that magistrates have no authority to impose non-custodial sentences for firearm-related offences.
Asked about this, Mrs Frazier said: “Sentencing is an art. There is no one fixed rule for every case.”
“The defendant in the case being referenced had a number of medical issues which made a custodial sentence difficult and not prudent,” she added. “It's never about Bahamian or non-Bahamian or rich or poor. Each case has to be determined on its own facts and the decision made was the best outcome.”
She noted that mandatory minimum sentences have been abolished and said fines have also been imposed on Bahamians in similar circumstances when warranted.
Although some senior lawyers described Mr Finkl’s sentencing as “highly irregular”, Mrs Frazier said magistrates have the discretion to impose non-custodial sentences when a case warrants it.
She cited a 2022 Court of Appeal ruling in which a 53-year-old diabetic man’s 12-month prison sentence for firearm possession was quashed.
In that Ronald Ralph Moorhead Jr v Commissioner of Police case, the Court of Appeal overturned a one-year prison sentence for an American diabetic man convicted of firearm possession after finding that the Bahamas Department of Correctional Services could not manage his medical condition.
The court substituted a sentence of three days’ imprisonment, ruling that while firearm offences normally require jail time, Moorhead’s case was exceptional. However, the judges stressed that the decision was “unique to its facts” and should not be viewed as a general precedent for other gun offenders, reaffirming that custodial sentences remain the norm for such crimes.
Comments
hrysippus 1 month, 1 week ago
A translation from "legalese" to plain speech would read as follows.......actually no, this might not be a wise thing to do as I do not have a spare million or two lying around.......
Sickened 1 month ago
Fellow Bahamians please note that if you have any sort of medical issue - pressure, diabetes etc. the court now considers you immune from any jail or prison sentence just pay the government 1% of your income (cheaper than tithes).
Dear Gang Bangers, if you have diabetes you can carry guns, ammunition and probably murder people with impunity.
All criminals let me hear your praise of our court system!!!!
ThisIsOurs 1 month ago
"Ronald Ralph Moorhead Jr v Commissioner of Police case, the Court of Appeal overturned a one-year prison sentence for an American diabetic man convicted of firearm possession after finding that the Bahamas Department of Correctional Services could not manage his medical condition."
Diabetics dont go to prison in the Bahamas?
TalRussell 1 month ago
JUST ONGOIN' in other American "on the loose" news: Only after a car's driver reported having to wait for a monkey to cross the road the media got alerted to be on lookouts three very dangerous monkeys were still on the loose in Mississippi after a truck carrying them overturned. Further reports warned that the monkeys IS 'physically dangerous' and 'severely unhealthy' compromised' with various diseases, including one is believed to have TB, the other Smallpox and third gots Corona. --- Yes?
birdiestrachan 1 month ago
I always believed drugs and guns come into to country through some of these vessels But one and half million dollars make sense. Those who spend time in jail do not have 1.5 million. That fellow maury do not believe restrictions or fees should be charged to these people
ExposedU2C 1 month ago
Frazier's just another dumb arse in our legal system who doesn't have the foggiest notion why Lady Justice is blindfolded.
TalRussell 1 month ago
Yes, She's a simple answer to if the DPP defends lack of jail time for "rich businessmen." falls within: The written down in ink principles guide of Parity our Bahamian courts: It does demand that Similar sentences should be imposed for similar crimes committed by similar (Rich or Poor) offenders in similar circumstances. This ensures a consistent approach to sentencing. --- The head-count behind the guarded high walls of His Majesty's Fox Hill Prison, says NOT! -- Reports are that 160 popoulaces' seek medical attention each year from coconuts falling from coconut trees.
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