New Category : Court

Man granted leave to appeal murder conviction

Mon, Sep 25th 2023, 09:00 AM

A man convicted of the murder of an American tourist has been granted leave to appeal his conviction by the Privy Council.

Anton Bastian was sentenced to 37 years' imprisonment for the 2013 murder of Illinois native Kyle Bruner.

The sailor was shot down near the Paradise Island Bridge after he tried to rescue two women from armed robbers.

Bastian did not pull the trigger.

The appeal, which is set to be heard next year, will determine the proper approach to joint enterprise in The Bahamas.

The Privy Council shall be asked to consider, in particular, the adequacy of directions given to the jury for a joint enterprise and whether those legal directions accorded with the law governing the principle of joint enterprise or secondary liability.

The appeal also questions the failure of the trial judge to leave alternative verdicts of robbery and manslaughter to the jury.

The appeal also raises whether the judge failed to differentiate between each defendant's case during the summing up to the jury.

Philip Rule, KC, has been instructed by the Death Penalty Project, London. He is assisted by Ryszard Humes of Munroe and Associates.

Man fined $40k after police found drugs, ammo at his home 

Thu, Sep 21st 2023, 09:38 AM

A 40-year-old New Providence man has been fined $40,000 after police found 15 pounds of marijuana and 50 rounds of ammunition at his home.

Darvin Moore will have to pay money to avoid serving 15 months in prison.

He pleaded guilty to possession of ammunition with intent to supply and drug possession with intent to supply on Wednesday when he appeared before Acting Chief Magistrate Roberto Reckley.

Moore was fined $30,000 for the drugs and $10,000 for the ammunition.

The default sentences of 15 months in prison will run concurrently.

Police arrested Moore on April 20 after they found the contraband while carrying out a search.

Bjorn Ferguson represented Moore.

Women United Condemn False Statements to the Police and Want Stronger Sentences for Making False Statements to the Police: Upholding Truth and Justice

Mon, Sep 4th 2023, 10:05 AM

The act of making false reports to the police is a reprehensible and harmful behavior that undermines the very foundation of our justice system and has severe consequences for individuals, communities, and society as a whole. It has been reported that two false reports of attempted child abduction have been made in less than one week.

Women United unequivocally condemns the act of providing false information to law enforcement agencies and emphasizes the critical need for truthfulness and accountability.

In a just society, the integrity of the legal system relies heavily on the honesty and accuracy of the information provided to law enforcement authorities. The act of making false statements to the police undermines the pursuit of justice and in those instances created a sense of fear and panic about the safety of our children within the public at large.

False reporting to the police can take many forms, including false accusations, fabricated evidence, or misleading information. Regardless of the specific method, the impact is consistently destructive. False reports divert valuable law enforcement resources away from genuine cases, potentially delaying or preventing the resolution of real crimes. This diversion of resources not only endangers public safety but also wastes taxpayer money.

False statements to the police can have severe consequences, both on innocent individuals who may be wrongly accused, on the investigation process itself and on the public psyche. They can inflict immense harm on innocent individuals. The reputations of the wrongly accused can be irreparably damaged, and their lives disrupted. The wrongfully accused may face unjust arrests, detention, or even violence. We saw that potential for violence erupt last week against recently released sexual offender, Sidney Cooper, as a result of a false attempted abduction report made by a 12 year old girl; and, in that same incident violence could have been visited upon any man in the area that fit the description, which was released to the public, of her alleged attacker.

Such incidents erode public trust in the justice system; and, unfortunately where they are made by women they feed the fear that women will make false reports against men out of spite. They lead to increased skepticism towards all future claims, creating an environment where genuine victims may fear coming forward. By making false statements, individuals impede the fair administration of justice and erode public trust in law enforcement agencies.

To combat this issue, it is crucial to educate the public about the consequences of making false reports and to strengthen penalties for those found guilty of such actions. Currently under section 175 of the Penal Code a person making a false report to the police faces a maximum $500 fine and or 6 months in prison. Consideration needs to be given to increasing the maximum fine and possible term of imprisonment. We accept that any false report of rape is very damaging to the person falsely accused and to true victims of rape for whom we advocate. We are therefore particularly sensitive about any such false report and do not support such reports being tolerated. Any person making such a false report should face the full force of the law.

At the same time, we must ensure that individuals who genuinely need the protection of the police feel safe and confident in reporting crimes. We must all condemn false reports, take steps to prevent them, and work collectively to maintain trust in our law enforcement agencies to uphold the principles of justice, fairness, and community safety.

Women United

The act of making false reports to the police is a reprehensible and harmful behavior that undermines the very foundation of our justice system and has severe consequences for individuals, communities, and society as a whole. It has been reported that two false reports of attempted child abduction have been made in less than one week. Women United unequivocally condemns the act of providing false information to law enforcement agencies and emphasizes the critical need for truthfulness and accountability. In a just society, the integrity of the legal system relies heavily on the honesty and accuracy of the information provided to law enforcement authorities. The act of making false statements to the police undermines the pursuit of justice and in those instances created a sense of fear and panic about the safety of our children within the public at large. False reporting to the police can take many forms, including false accusations, fabricated evidence, or misleading information. Regardless of the specific method, the impact is consistently destructive. False reports divert valuable law enforcement resources away from genuine cases, potentially delaying or preventing the resolution of real crimes. This diversion of resources not only endangers public safety but also wastes taxpayer money. False statements to the police can have severe consequences, both on innocent individuals who may be wrongly accused, on the investigation process itself and on the public psyche. They can inflict immense harm on innocent individuals. The reputations of the wrongly accused can be irreparably damaged, and their lives disrupted. The wrongfully accused may face unjust arrests, detention, or even violence. We saw that potential for violence erupt last week against recently released sexual offender, Sidney Cooper, as a result of a false attempted abduction report made by a 12 year old girl; and, in that same incident violence could have been visited upon any man in the area that fit the description, which was released to the public, of her alleged attacker. Such incidents erode public trust in the justice system; and, unfortunately where they are made by women they feed the fear that women will make false reports against men out of spite. They lead to increased skepticism towards all future claims, creating an environment where genuine victims may fear coming forward. By making false statements, individuals impede the fair administration of justice and erode public trust in law enforcement agencies. To combat this issue, it is crucial to educate the public about the consequences of making false reports and to strengthen penalties for those found guilty of such actions. Currently under section 175 of the Penal Code a person making a false report to the police faces a maximum $500 fine and or 6 months in prison. Consideration needs to be given to increasing the maximum fine and possible term of imprisonment. We accept that any false report of rape is very damaging to the person falsely accused and to true victims of rape for whom we advocate. We are therefore particularly sensitive about any such false report and do not support such reports being tolerated. Any person making such a false report should face the full force of the law. At the same time, we must ensure that individuals who genuinely need the protection of the police feel safe and confident in reporting crimes. We must all condemn false reports, take steps to prevent them, and work collectively to maintain trust in our law enforcement agencies to uphold the principles of justice, fairness, and community safety. Women United

Break-in at Freeport Magistrate's Court

Tue, Aug 8th 2023, 10:28 AM

A 45-year-old Sea Grape, Eight Mile Rock, man was in police custody after several offices at the Freeport Magistrate's Court were broken into early Saturday morning, police said.

"Two hours after the incident was reported, police nabbed the man who is believed to be the suspect in this case," said Assistant Police Commissioner Bernard K. Bonamy Jr., officer in charge of the Northern Bahamas District.

Immediately after learning of the break-in, Bonamy called a press conference at police headquarters in the Gerald Bartlett Complex, The Mall Drive.

"A security officer who was making checks around 7:30 this morning noticed that a number of screens on the building had been tampered with," Bonamy said.

"He quickly notified the police. On arrival, officers found that three doors to the Magistrate's Court were kicked in and filing cabinets appeared to be tampered with.

"At this time, we cannot say whether anything is missing. However, magistrates and clerks are on the scene making checks of their offices to determine what, if any, files or other documents are missing."

Bonamy said the process may take a few days.

"But once that is done, we will update the public of the outcome," he said.

Magistrate's Courts 1, 2 and 3, Supreme Courts 1 and 2, the Tribunal Court, along with clerks and cashier offices are housed in Garnet Levarity Justice Centre.

Asked whether any of the Supreme Court offices were broken into, Bonamy said, "None of them were touched."

Describing the after-hours security procedures at the Justice Centre, he explained that a security officer makes checks of the property throughout the late night and early morning hours.

"In addition to that, there are surveillance cameras in place, which assisted us with this case," Bonamy said.

However, he said there will be discussions about adding more cameras and increasing the number of security officers around the clock.