An edict from a senior policeman banning ex-convicts and suspects wearing ankle bracelets from the world relays this weekend could cost the government a lot of money, according to Bar Association President Elsworth Johnson.
Assistant Commissioner of Police Leon Bethell made the pronouncement when announcing security arrangements for the race.
"Persons who wear ankle bracelets, those persons known to be gang members and those persons with the propensity to commit crime or cause mischief will not be allowed into the stadium," Bethell said.
The Nassau Guardian
contacted Bethell on Sunday to ask him what was the legal basis for the decision.
Bethell, who is also a lawyer, did not state any statutory provision that gave police the authority to impose additional sanctions on suspects on bail without the approval of the court.
"We're trying to save this country," he said.
"Persons who feel that they are aggrieved can take us to court, and we can say that we had information. You don't have the information that we have.
"We are going to police the stadium. If something goes wrong, you are going to be critical of your police force.
"The world will be on us, and while the world is watching The Bahamas, we cannot allow the criminal element to destroy our country."
According to Bethell's criteria for admission to the stadium, businessman Craig Flowers, who was convicted of allowing his premises to be used for a lottery; Bishop Randy Fraser, who was convicted of abusing his position of trust by having sex with a church member he was counseling and Carlos Lamm, a drug convict and former campaign general for Education Minister Jerome Fitzgerald, would not be allowed into the stadium.
Johnson has urged people who fall into this subset to get a declaration from the Supreme Court alleging that their constitutional rights would likely be violated.
"We are a country of laws," the Bar Association president said.
"If one institution should be seen to be following the laws it is the police. These persons have constitutional right of movement. Only the court could restrict their movements.
"I don't agree that these persons should not be allowed to a public event at a public facility. That doesn't make any sense. This is not a police state."
Johnson said police should act on reasonable suspicion, not a just a hunch.
"It would be foolhardy for the police, without any good reason, to refuse to allow these persons into the stadium without reasonable cause because they will cost the government a lot of money that the government can ill afford to spend," he said.
Johnson said the police have the lawyers at the Office of the Attorney General at their disposal, if they had any doubts about the legality of their actions.

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