The Tribune

By LYNAIRE MUNNINGS

Tribune Staff Reporter

lmunnings@tribunemedia.net

WITNESSES who fear they may be killed must report the threat to police before authorities can decide whether to protect them, Attorney General Wayne Munroe said as he defended the country’s witness protection system after the killing of businessman James McPhee ahead of his testimony in a robbery trial.

McPhee, 59, was found with severe upper-body injuries last week after police believe he was deliberately struck by a vehicle near Spikenard and Carmichael Roads.

Two off-duty police officers reportedly witnessed the incident, pursued the vehicle and exchanged gunfire with its occupants. One suspect was wounded and arrested, while others escaped. Relatives said the arrested suspect is the same man accused of robbing McPhee last year before being released on bail pending trial.

McPhee, who owned a heavy-equipment and environmental health business, was expected to testify in the robbery case later this year. His family believes his killing may have been linked to his upcoming testimony, although police have not confirmed a motive.

His death prompted relatives to question whether greater protection should have been available before he was killed.

Speaking on the sidelines of an event at the Royal Bahamas Defence Force base on Friday, Mr Munroe noted The Bahamas already has a witness protection system, but witnesses are not automatically placed under protection.Instead, he said, they must report threats or other circumstances that make them fear for their safety so police can assess the level of danger and determine what measures are needed.

Mr Munroe said it would be impractical to place every witness in every criminal case under protection because of the volume of matters before the courts.

“If you feel threatened, you can go to the police,” he said. “Let’s assume, for instance, that you have 400 outstanding cases in which each one has a witness, you are not really suggesting that you have witness protection with 400 people. So the distinction is, if you feel threatened, you report it to the police.”

He said a report could lead to the revocation of an accused person’s bail, depending on the circumstances, while witnesses in extreme cases could be placed under protection by prosecuting authorities.

“Sometimes it will lead to a revocation of bail, depending on why you feel threatened. In some extreme cases, people have been taken into witness action by the prosecuting authorities. So, the important thing to notice, if you’re a witness and something happens that causes you to feel threatened, contact the police immediately,” he said.

Mr Munroe said the protection offered depends on the circumstances and can range from additional police patrols to moving a witness from his or her home and placing the person in secure accommodation.

“As far as I’m aware, there have been a number of cases where people have been asked for it, and witness protection has ranged from just providing additional patrols to taking people from where they live and housing them separately,” he said.

He said participation in witness protection is requested by the witness and recalled one case in which a person later decided to leave the programme.