bahamiangoddess
06-20-08, - 12:02 PM
June 20th, 2008
AG: No Hangings Possible
By Macushla N. Pinder
While Prime Minister Hubert Ingraham has indicated that his government is fully prepared to carry out the laws of The Bahamas including capital punishment, Attorney General Claire Hepburn indicated Thursday that the state at this time cannot carry out any hangings.
Leading off debate in the Upper Chamber on the 2008/2009 budget, Mrs. Hepburn explained that all the murder convicts at Her Majesty’s Prison either have appeals before the courts or must be re-sentenced.
"Contrary to what is being said by some about this subject, the government does not have any form of stay or moratorium on the consideration of whether mercy would be extended or death warrants recommended by the Advisory Committee on the Prerogative of Mercy," Mrs. Hepburn said.
"The simple fact of the matter is that there are no cases of anybody under sentence of death in The Bahamas, who does not have some form of judicial appeal or a re-sentencing exercise to go through."
In 2006, the Privy Council ruled that the mandatory death sentence was unconstitutional in The Bahamas, leaving the door open for trial judges to determine what sentence to hand down to murder convicts.
The Bahamas hanged 50 men since 1929, according to records kept at Her Majesty’s Prison.
Five of them were hanged under the first Ingraham administration; 13 were hanged under the 25-year rule of the Pindling government; and the remainder was executed between 1929 and 1967.
"The due process requirements of the law must and will be respected by this government," the attorney general said Thursday.
Mrs. Hepburn indicated that the $1.6 billion budget provides only a modest increase in the amount allocated in 2007/2008 to the Office of the Attorney General. The Office of the Attorney General gets a budget increase of $586,000.
That money is expected to go toward several things, including engaging counsel at the level of deputy director, assistant director and chief counsel.
"We expect that engaging counsel at these levels will facilitate the work of the Office and help to alleviate the tremendous strain being placed on a number of officers," Mrs. Hepburn said.
"We also expect to be able to hire some general service workers and clerical personnel. These persons are the backbone of any office."
Budgetary provision has also been provided for a third working visit of the Privy Council to the Bahamas next year.
The visit will take place between April 28 and May 3, 2009.
It is also the government’s plan for the Court of Appeal president to sit in Freeport, Grand Bahama, between July 21 and 26.
"I am advised that there are sufficient cases emanating out of Grand Bahama to justify the need for the Court of Appeal to continue its earlier established precedent of sitting in Grand Bahama to dispose of appeals from the northern region of The Bahamas," the attorney general said.
Turning to planned capital projects, the minister highlighted the government’s plan for construction of a judicial complex and a magistrate’s complex.
She said that the government was roundly criticized for not making budgetary provisions in 2007/2008 for the construction of a new judicial complex and for not getting on with its construction.
Mrs. Hepburn said that during its second term in office between 1997 and 2002, after appropriate consultation with stakeholders, the FNM commissioned a design for a new Supreme Court and a site was located for its construction.
"It is regrettable that the former government did not progress the initial plans beyond the design stage left by the FNM," Mrs. Hepburn said.
"Had the government at least had the will to complete the design works for the judicial complex, we, as a country, could have been much further along."
State Minister for Legal Affairs Desmond Bannister recently revealed that the judicial complex will cost as much as $70 million or $80 million to construct.
On Thursday, Mrs. Hepburn announced that Alexiou and Associates is meeting with officials of the judiciary and a team from the Ministry of Works and Transport on the preparation and finalization of the briefing/site investigation stage of the design.
According to the attorney general, drawings will then be completed and ready for tender "hopefully all in time for next year’s budget."
The government has provided $1 million to complete this stage.
Construction of the magistrate’s complex has also faced many delays, according to the attorney general.
Mrs. Hepburn said the building process will now proceed safely to completion, even though there may be some setbacks due to the need to rectify serious safety issues.
AG: No Hangings Possible
By Macushla N. Pinder
While Prime Minister Hubert Ingraham has indicated that his government is fully prepared to carry out the laws of The Bahamas including capital punishment, Attorney General Claire Hepburn indicated Thursday that the state at this time cannot carry out any hangings.
Leading off debate in the Upper Chamber on the 2008/2009 budget, Mrs. Hepburn explained that all the murder convicts at Her Majesty’s Prison either have appeals before the courts or must be re-sentenced.
"Contrary to what is being said by some about this subject, the government does not have any form of stay or moratorium on the consideration of whether mercy would be extended or death warrants recommended by the Advisory Committee on the Prerogative of Mercy," Mrs. Hepburn said.
"The simple fact of the matter is that there are no cases of anybody under sentence of death in The Bahamas, who does not have some form of judicial appeal or a re-sentencing exercise to go through."
In 2006, the Privy Council ruled that the mandatory death sentence was unconstitutional in The Bahamas, leaving the door open for trial judges to determine what sentence to hand down to murder convicts.
The Bahamas hanged 50 men since 1929, according to records kept at Her Majesty’s Prison.
Five of them were hanged under the first Ingraham administration; 13 were hanged under the 25-year rule of the Pindling government; and the remainder was executed between 1929 and 1967.
"The due process requirements of the law must and will be respected by this government," the attorney general said Thursday.
Mrs. Hepburn indicated that the $1.6 billion budget provides only a modest increase in the amount allocated in 2007/2008 to the Office of the Attorney General. The Office of the Attorney General gets a budget increase of $586,000.
That money is expected to go toward several things, including engaging counsel at the level of deputy director, assistant director and chief counsel.
"We expect that engaging counsel at these levels will facilitate the work of the Office and help to alleviate the tremendous strain being placed on a number of officers," Mrs. Hepburn said.
"We also expect to be able to hire some general service workers and clerical personnel. These persons are the backbone of any office."
Budgetary provision has also been provided for a third working visit of the Privy Council to the Bahamas next year.
The visit will take place between April 28 and May 3, 2009.
It is also the government’s plan for the Court of Appeal president to sit in Freeport, Grand Bahama, between July 21 and 26.
"I am advised that there are sufficient cases emanating out of Grand Bahama to justify the need for the Court of Appeal to continue its earlier established precedent of sitting in Grand Bahama to dispose of appeals from the northern region of The Bahamas," the attorney general said.
Turning to planned capital projects, the minister highlighted the government’s plan for construction of a judicial complex and a magistrate’s complex.
She said that the government was roundly criticized for not making budgetary provisions in 2007/2008 for the construction of a new judicial complex and for not getting on with its construction.
Mrs. Hepburn said that during its second term in office between 1997 and 2002, after appropriate consultation with stakeholders, the FNM commissioned a design for a new Supreme Court and a site was located for its construction.
"It is regrettable that the former government did not progress the initial plans beyond the design stage left by the FNM," Mrs. Hepburn said.
"Had the government at least had the will to complete the design works for the judicial complex, we, as a country, could have been much further along."
State Minister for Legal Affairs Desmond Bannister recently revealed that the judicial complex will cost as much as $70 million or $80 million to construct.
On Thursday, Mrs. Hepburn announced that Alexiou and Associates is meeting with officials of the judiciary and a team from the Ministry of Works and Transport on the preparation and finalization of the briefing/site investigation stage of the design.
According to the attorney general, drawings will then be completed and ready for tender "hopefully all in time for next year’s budget."
The government has provided $1 million to complete this stage.
Construction of the magistrate’s complex has also faced many delays, according to the attorney general.
Mrs. Hepburn said the building process will now proceed safely to completion, even though there may be some setbacks due to the need to rectify serious safety issues.