The government will introduce legislation to create an independent Office of the Director of Public Prosecutions (DPP), according to Attorney General Carl Bethel.
Speaking during the budget debate in the Senate on Friday, Bethel noted that Article 78 of the Constitution, which outlines the functions of the attorney general, is not entrenched, and changing it only requires a bill which expressly states that it is intended to amend the constitution.
"The current impetus for this renewal of the earlier endeavor of the FNM government in 2001/2002 to create the Office of an independent DPP is firstly based upon principle," Bethel said.
"We believe that there should be a greater degree of separation between politicians and prosecutors.
"However, the public clamor for this change can largely be attributed to the entire mistrust and suspicions provoked by a notorious nolle prosequi entered in order to discontinue the prosecution of alleged former clients.
"Be that as it may, Madam President, I have instructed the draftspersons in my office to prepare an appropriately constructed draft bill to amend the constitution to achieve the public policy of the government."
Several incidents under the Christie administration brought into question the power of the attorney general to grant nolle prosequis.
One in particular arose when former Education Minister Jerome Fitzgerald was acting attorney general and issued a nolle in the firearms case of former clients of then Attorney General Allyson Maynard-Gibson.
Former Prime Minister Perry Christie and his government strongly rejected any suggestion that there was anything untoward involved in the nolle.
The attorney general is under no legal obligation to explain a nolle prosequi, as the constitution gives the office discretion to stop any criminal matter before Bahamian courts.
During her tenure as attorney general, Maynard-Gibson was also heavily criticized over the number of nolle prosequis she authorized.
Bethel added on Friday that once the constitution is so amended, the DPP will receive a block grant to cover the expenses of his office in future budgets.
"It should be noted, Madam President, that both the DPP and his prosecutors are and will remain public legal officers and, as such, all matters concerning appointments, promotions and reclassifications will continue to be advanced through the administrative channels of the Office of the Attorney General and the Judicial and Legal Service Commission (JLSC)," he said.
"Similarly, as occurs in other jurisdictions, the office of the DPP will, for the immediate future, continue to operate from a separate floor in the Paul L. Adderley Building.
"However, we are now looking at a rental property in the city, initially as a place of respite for our prosecuting counsel, who prior to now have had no place to go during trial breaks or while waiting for jury verdicts and who feared for their safety in some instances.
"If suitable, we will seek all necessary approvals to have the office of DPP relocated to that area as well."

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