The Royal Bahamas Police Force has the capacity to interview all non-English-speaking suspects, according National Security Minister Tommy Turnquest.
Turnquest was responding to a question about a manslaughter conviction that was overturned because police interviewed the suspect in English, instead of his native Haitian-Creole. Last month, the Court of Appeal decided that Johnsy Luc did not have a fair trial because of the investigator's failure to interview him in a language that he understood.
A recently released International Narcotic Control Strategy Report said that investigations into Haitian and Haitian-Bahamian drug gangs "are hindered by an enduring lack of Creole speakers in DEU".
Yet, Turnquest still maintains that this is not a problem for police.
He said yesterday, "I am satisfied we are able to properly interview all persons taken into custody, whether they are Creole-speaking, French-speaking, Italian-speaking, German-speaking or any other nationality.
"I am satisfied we have the capacity to do that in The Bahamas. I am not at all disturbed that we are not able to properly interview and investigate matters that come before the police."
The only evidence that linked Luc to the crime was the statement that he gave during the interview. However, the appellate court noted that there was no evidence that the interview was explained to him in Creole.
The Court said, "Where an accused does not speak the official Bahamian language, a statement from him by the police should be in the language that he understands and the nature of any charge explained to him in that language.
"In this instance, (i) the statement should have been taken in Creole and signed by the appellant (who was the accused); (ii) the statement must be read back to the accused in Creole; (iii) then translated into English and signed by the investigating officer; (iv) the translation must be by an independent translator; and (v) the resulting translation must be signed by the translator.
"For some reason, not clear to us, this procedure was not followed. It is not sufficient to say that the investigating officer had some facility with Creole and that he explained to the appellant, who was then a suspect, the nature of the offense or the charge against him.
"In the circumstances, therefore, we are unable to uphold the conviction and sentence. The unfairness of the investigating procedure and charging of the accused resulted in an unfair trial which, perhaps, robbed him of the opportunity of a clear verdict on the offense originally charged, which was murder."

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