The Clifton Review
The Clifton Review is a tri-weekly column that examines the question of the Clifton project along with the evolution of the war between two billionaires. We covered the start of this war with articles describing the battle over easement rights, the mysterious burning of a home, the blocks to rebuilding, and countless questionable court filings.
While the 2018 series salutes fashion mogul Peter Nygård’s Golden Jubilee detailing his rags to riches story, his incredible business success over these past fifty years and an inside look at how he did it, The Clifton Review will also continue to address current affairs as they relate to the good of The Bahamas.
Why Aren’t There More Voices?
By P.J. Malone
There is a grave matter facing us. We cannot allow the Parliament of the Commonwealth of The Bahamas to pass a bill—the Criminal Evidence (Witness Anonymity)—that contravenes our constitution and sit idly by and say and do nothing.
Why aren’t there more voices speaking out on this bill? Why aren’t more people asking questions about what Parliament is doing? They pass a bill that undermines our constitution, and we don’t even question why they would do such a thing?
So why have they done this? Can we speculate?
They will tell you that they are taking measures to address crime. But here’s the problem with that contention:
It appears that they are trying to create an impression of addressing the problem of crime by making a move that undermines the foundation of our country, which can only set us on a path of destruction.
The Bahamian people are not stupid. They will see right through this.
Why does this create such a problem? We keep going back to QC Wayne Munroe’s example because it is so relevant, and you and I both know that this can so easily happen.
Let’s say somebody is screened from me and has his voice changed so I don’t know who it is. This could be somebody who has borne a grudge against me all his life but I won’t know that. I can’t put anything of that nature to the witness. Let’s assume it’s a homicide. My case is I didn’t kill the person, somebody else did and the witness is that person who actually did the killing. I can’t see him or her. Or you may have had a vibe with me all your life that is well documented. You may have lied on me before in a way that I can prove. But I don’t know who you are so I have no way of bringing that to the attention of the tribunal of fact.
Could you imagine if the anonymous witness is my friend’s wife or sweetheart and I don’t know that?
Does it really make sense to take such an extreme measure as to put the power of destroying people’s lives in the hands of anyone who chooses to?
Parliamentarians may feel strongly that this will work to put away criminals. Well, maybe it will work, until it doesn’t!
We still don’t get how so few attorneys are speaking out about this. Aren’t they obligated to? According to The Bahamas Bar (Code Of Professional Conduct) Regulations, (Section 40), they are!
“The admission to and continuance in the practice of law implies on the part of the attorney a basic commitment to the concept of equal justice for all within an open, ordered and impartial system…. He should therefore lead in seeking improvements in the legal system…. His responsibilities are greater than those of a private citizen.”
More attorneys need to step up and speak out on this move to breach The Constitution of the Commonwealth of The Bahamas.
