Bahamas Information Services Updates
Attorney General addresses what is needed for Prosecution of a Matter in the Courts
By BIS
Mar 19, 2010 - 5:41:25 PM

Nassau , Bahamas - The cooperation of several aspects of the justice system is required for prosecution of a matter in the courts. Included among them are physical facilities, judges, juries, prosecuting and defence counsel, witnesses, the accused and police and prison.

Addressing Senators on the 2009-2010 mid-year Budget Statement Attorney General and Minister of Legal Affairs Senator the Hon John Delaney said, “Addressing the requirement of timely trials is not a matter of the Department of Public Prosecutions alone. Nonetheless, our Department, some 22 lawyers strong, plays an important role.”

A backlog of criminal matters have accumulated in the Department of Public Prosecutions over an extended period of time and are pending for prosecution. Some of the maters date back more than 10 years and many have accumulated during the past 10 years said the Attorney General.

“The constitutional imperative is that criminal matters are fairly tried within a reasonable period of time – what is a reasonable period is probably on the order of two or so years and less than five years.

“However, over successive governmental administrations that rate of disposition of criminal matters has not been achieved in many cases,” he said.

Regarding trials in the Supreme Court, the Attorney General informed Senators that up to the end of 2009 there have been two criminal courts operating in New Providence and one in Freeport for a rate of three criminal trials on average running concurrently. He expressed hope that another criminal trial court for New Providence would become available this year.

He acknowledged the dedication of prosecutors in the Department of Public Prosecution to achieving “meaningful progress” for getting more criminal matters to “fair trial” than before and towards reducing the number of pending cases as quickly as reasonably possible.

A review of all pending files is ongoing with the objective of ensuring that files are fit for trial and removing from the list for prosecution matters that are no longer feasible to prosecute the Attorney General said. “Where appropriate, resort will also be had to the plea bargaining regime.”

As a result of the departure of Mr Justice Bernard Turner, the position of Director of Public Prosecutions, previously held by Justice Turner is vacant. The Attorney General explained that the process for filling the position is underway and he looks forward to a replacement in the shortest possible time.