Bahamas Bar Association President Elsworth Johnson said yesterday that a recent nolle prosequi issued by the attorney general that stopped the prosecution of two defendants accused of robbing Deputy Prime Minister Philip Brave Davis in his home highlights the need for constitutional reform.
Johnson, who was contacted for comment, said the separation of powers of the attorney general and the director of public prosecutions (DPP) would remove the cloud over justice being done, and justice being seen to be done, though he insisted he was not questioning the integrity of Attorney General Allyson Maynard-Gibson, who is empowered by law to make the decision she made.
"Again, here you have a matter involving the deputy prime minister, and I am not... questioning her integrity or the reason why she did it; she has the power to do it, but it highlights the need for constitutional change to separate the Office of the Attorney General and the director of public prosecutions," Johnson said.
"Here, again you have a matter concerning one of her Cabinet colleagues.
"... And I always go back to what Mr. Alfred Sears, one of the former attorneys general, said - that it would make this much more palatable if you had the separation, but you can't question her (the attorney general) without the full knowledge of what she has done, and she does have that power to do it."
He added, "In these circumstances, the way it is presently constituted, there is this whole concept of justice not only being done, but must be seen to have been done.
"And when you have that type of nexus, it sometimes clouds it."
Johnson also pointed to the handling of MICAL MP V. Alfred Gray's alleged judicial interference in a matter in his constituency.
In March last year, police investigated allegations that Gray had interfered in a judicial matter.
He was accused of ordering Mayaguana Administrator Zephaniah Newbold (acting in his capacity as an island magistrate) to release a convict.
In her review of the matter, the attorney general determined no one would face criminal charges over the allegations due to "the conflicting nature of the evidence".
Johnson said, "I know what we do need and what was suggested for constitutional amendment; we must separate the AG's office from that of the DPP".
The Official Opposition raised strong concerns about the matter and called on Gray to resign even after the attorney general's findings.
Last month, the opposition called on Maynard-Gibson to resign after she stopped a private prosecution against the top management of Sandals Royal Bahamian Resort. She was even criticized within her own Progressive Liberal Party over the move for reportedly not telling any of the parties involved.
The nolle prosequi was issued on August 15, the same day the resort made 600 workers redundant.
Two top executives at the property were arraigned on private prosecution on allegations that they failed or refused to enter an agreement with the Bahamas Hotel Catering and Allied Workers Union.
After some of her fellow Cabinet ministers said they were disappointed in her action, Maynard-Gibson shot back, saying she won't be swayed by "political objectives".
Questions were also raised about a previous nolle prosequi issued in December 2012 in a matter involving the attorney general's former clients, who were charged with possession of an illegal firearm and ammunition.
Maynard-Gibson represented the pair in court prior to becoming attorney general.

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