First published in The Tribune under the byline, Young Man's View.
THE Bahamas’ judicial system is an archaic mess that has been neglected to the point that case backlogs have led to vicious criminals roaming our streets and salivating at the chance to prey, yet again, on another ill-fated victim.
Crime is ravaging our society, as the criminal element is wreaking havoc at nearly every corner of our small island nation. Criminals are daily terrorizing our frightened society, leaving Bahamians to live as prisoners in their own homes, caged behind burglar bars and deadlocks. In fact, Bahamians are so fearful for their safety that even landlords advertising in the classifieds are including security bars in their marketing approach to entice potential tenants.
The criminal justice system has been mismanaged and neglected, for far too long, by self-serving politicians. Frankly, it is refreshing that the newly elected government has kicked off their governance by choosing to fashion and implement policies that encourage the overhaul of our sluggish, molasses-like justice system.
At present, the Bahamas has staggeringly recorded 63 homicides for the year. Even more, the Bahamas holds the ignominiously designated as having the highest per capita murder rate in this region—higher than Jamaica! Alarmingly, the Bahamas is also among the top world’s 10 in reported rapes per capita! This is a travesty and we could only imagine the actual number of rapes that are not reported and therefore not added to the national statistics.
In recent times, lawlessness has become the order of the day as criminals realize that with the right attorney, their cases would be stifled in our higgledy-piggledy court system and that they could be granted bail to roam, without restraint, in a matter of hours or days.
Our judicial system is in a state of crisis. It is unacceptable that cases are incessantly deferred and, when started, are continuously delayed.
Today, more than 200 individuals accused of murders, rapes and armed robberies, are out on bail. I was awestruck to discover that of this number, 114 persons were charged with murder. Police statistics compiled from 2001 to September this year has revealed a significant increase in the number of persons that have been granted bail. In 2001, five people were on bail for murder, rape and armed robbery; sex persons were on bail in 2002; five in 2003; 47 in 2004; 39 in 2005; 107 in 2006 and more than 200 in 2007. Well blow me down! From these statistics, is there any wonder why crime has skyrocketed?
Just this week, a 15-year-old high school student was shot dead as he attempted to burglarize a food store. Sadly, the idea of a teenager creeping through an attic to commit a robbery is indicative of the ominous state of our society, as even children are corrupted into now thinking that crime pays.
Thus far, persons on bail have been accused of committing 22 of this year’s murders, numerous armed robberies and various other crimes. Suspected criminals must be speedily bought to trial, and if convicted, promptly removed from our streets because many persons on bail are hardened, career criminals who are intent on being societal menaces.
Three days ago, I spoke to a reformed criminal. Twenty years ago, he served time at Her Majesty’s Prison for a drug offence and has since become a successful businessman. In addressing the surge in violent crime in our society, he referred to our courts as a “disgraceful theatre where only the connected get justice.” He also said that these days, many youngsters would not have a problem doing a stint or two at Her Majesty’s prison because “they now see it as a hotel, where they don’t have to pay rent, they eat three meals a day and there is no capital punishment.”
This interviewee also said:
“It is tragic that bail is given to suspected murderers while innocent families suffer the heart wrenching blow of seeing the person that may have killed their loved one out practically scot-free.” I couldn’t agree more!
This year, I was involved in a traffic accident. Although the police seemingly botched the investigation and were duped by the persons that struck me, I have tried my utmost to track down these individuals. I am aware that while suing these persons would be my only recourse at recouping my money, I will have to wait for a court date and, even with the court ruling in my favor, I am not guaranteed repayment. The price of justice in this country is high, prolonged and simply Third World!
As the Yuletide season approaches, the criminal element will undoubtedly be out in full force. Since armed robberies and other offences are expected to increase, Bahamians must be vigilant and wary of their surroundings.
An effective judicial system is also essential to our economy as investor pursuing business ventures here must be confident that the justice system is functional.
To curb crime, the socialization of the nations youth must become a priority, the illegal immigration crisis must be confronted and curtailed, legal status must be granted to immigrants (and their offspring) that qualify, our educational system must be improved and there must be more opportunities for meaningful employment.
In order to fix the nation’s defunct judicial system and in turn alleviate the log jam it faces, more judges—local or foreign—must be appointed to the bench, better court rooms must be constructed and competent court staff (eg clerks, stenographers) must be hired. If the judicial process is not expedited, our country will become an anarchic state—sailing up a creek to absolute chaos, without a paddle!
