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BAHAMAS: Public Works Minister supports Witness Anonymity Amendment Bill

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#Bahamas, April 24, 2018 – Nassau – The Hon. Desmond Bannister, Minister of Public Works, called on members of the House of Assembly to unite in their opposition to murderers, drug dealers and human traffickers, and underscored that Parliament will leave “no stone unturned” in its efforts to empower the courts to convict those who are truly guilty of such “heinous” crimes.

Minister Bannister addressed the Criminal Evidence (witness anonymity) Amendment Bill, 2018 in the House of Assembly, Wednesday, April 18, 2018.  He described the Bill as a “very critical” amendment to criminal law, which is meant to make a difference for all who have respect for the rule of law, and who have confidence in the delivery of justice.  “It is a very short Bill, but it has the potential to change lives and to save lives. This is a very serious debate,” he said.

“Over the past decade vicious criminals and criminal gangs have sought to subvert justice by intimidating witnesses all over the world. They have threatened and murdered witnesses, and in the process they created a climate of fear for many persons who have witnessed criminal activity, and who wish to give evidence in the courts.”

Minister Bannister cited R. v. Davis, a case decided in the English House of Lords in 2008. He said just 33 days after the decision on 21st July, 2008 the Criminal Evidence (Witness Anonymity) Act became the law in England. That Act permitted anonymous witnesses to give evidence in court in certain circumstances.

He also recalled that in response to gang related crime and the terrorizing of witnesses, and in order to protect the credibility of the judicial system, the Bahamas Parliament passed a Criminal Evidence (Witness Anonymity) Act in 2011 which became law on November 3rd, 2011.

“Subject to certain protections, the law now permits a Magistrate to grant an Order which prohibits the disclosure of information that may lead to the identification of who may be willing to assist the authorities in very serious cases such as murder; manslaughter; rape; robbery while being armed with a firearm or offensive instrument; and certain Dangerous drugs, Anti-Terrorism and Trafficking in persons offenses.  The Order is usually made if the person has a reasonable ground for fearing that they may be subject to intimidation or harm if they are identified as someone who is able or willing to assist in the investigation.

“The law also permits the courts to protect witnesses by ensuring that their identity is not disclosed.  In this respect, the court may order that the name of the witness and other identifying details are withheld; that the witness may use a pseudonym; that the witness is not asked any questions that may his identification; that he be screened; and finally that his voice may be subject to modulation.

“I am advised by the Attorney General, Sir, that this Act has been a valuable tool in the war on crime, particularly in this day and age where gangs seek to intimidate and threaten witnesses.  Our criminal justice system must be protected, Sir, and we as lawmakers must seek to continuously improve the law so that we may live in a society where the Rule of Law is respected, and where every person can feel safe.

“We are seeking to amend the law because of a recent decision of the Court of Appeal, much as the English lawmakers responded to the decision in the Davis case,” he said.

Minister Bannister stated that in the decision, the accused man was convicted, but the Court of Appeal recently set his conviction aside and ordered a new trial, and in the process observed that “By section 11(4) the court cannot require the witness to be screened to such an extent that the witness cannot be seen by the magistrate, the judge or other members of the court (if any) or the jury if there is one”.

He explained that Parliament is presently seeking to amend section 11(4) of the Act so that the prosecutor or the defendant may apply to the judge to permit a witness to be seen and heard in his natural voice by a magistrate, magistrate’s panel or by the judge, but not the prosecutor, the defendant or his attorney, or by the jury.

Minister Bannister pointed out the possibility of a weakness in the Bill. “We appreciate that the proposed amendment may have a weakness.  It will permit a judge in appropriate cases to screen the witness from the sight of the jury.  I want to invite members to consider this as we debate the amendment.  On the one hand, Article 20(2)(g) of our Constitution gives everyone who is charged before the Supreme Court the right to trial by jury.  So a very legitimate question that we may ask is whether the making of such an Order would constitute a constitutional infringement.  Some may argue that the courts will strike this amendment down as unconstitutional as it relates to Supreme Court trials, since as the triers of fact jurors are entitled to see the demeanor of a witness, and to judge their reactions as they answer questions.”

He said the government has a duty to do its best to protect witnesses who are brave enough to give evidence against murderers, drug dealers, human traffickers and other despicable criminals who would otherwise get away.

“At the end of the day we take the position that we will do our duty in this place, and then listen as the courts make their determination.  However, we must try, and in this respect, Sir, I am comforted by the fact that section 13 of the Act outlines rigorous conditions and circumstances that must be complied with before a judge may make an Order, and even where an order is made section 16 requires the judge to issue a warning to the jury.

“I have looked at other similar legislation, and I cannot find any country that has taken this bold step; but as I mentioned earlier we are a unique country. We have a small population and live in close-knit communities.  Persons on the jury are bound to know who the witness is, and also who the accused is.  The question that had to be considered was whether the identity of an anonymous witness could be deliberately or inadvertently disclosed.

He asked members to consider two possible “extreme” outcomes.

“First, the amendment could lead to the conviction of some violent, nasty criminals and also lead to their incarceration and the protection of our society; or conversely it could be struck down and we may have to spend another day in this place amending the law.”

 

By: Kathryn Campbell (BIS)

 

 

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Twist To Win Ends in a Grand Style with Four $5,000 Mall at Marathon Shopping Sprees  

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Twist To Win grand finale winners (l-r) Brian Bethel, Taraceta Neely, Ashia Demeritte and Merlin Adams posing along with their winnings from the shopping spree.

NASSAU, Bahamas — Caribbean Bottling Company (CBC), local producers and distributors of Coca-Cola and Dasani products concluded their 10 weeklong Twist To Win campaign with four $5,000 Mall at Marathon shopping sprees.

The campaign which was available throughout the entire Bahamas allowed consumers to enter by purchasing a 20oz bottle with a yellow cap from the following brands: Coca-Cola, Coca-Cola No Sugar, Sprite, Fanta Orange, or Fanta Grape. Each yellow-cap had a unique alpha numeric code underneath which they submitted to the Twist To Win WhatsApp number.

With each qualifying purchase, participants residing in The Bahamas were entered to win instant prizes and into a grand prize draw to win one of four $5,000 shopping sprees at the Mall at Marathon.

Participants also enjoyed exciting instant prizes such as: Airpods, JBL Speakers, premium Coca-Cola merchandise, $500 Visa gift cards and Amazon, Spotify and Apple Music digital gift cards.

Out of 76,000 plus submissions, Brian Bethel, Ashia Demeritte, Merlin Adams, and Taraceta Neely won the coveted Mall at Marathon shopping sprees at the following select stores, Kelly’s House & Home, The Sports Center, John Bull, Brass & Leather, and BTC.

Leading up to the grand finale shopping spree, Coca-Cola hosted a Trivia Showdown with the eight finalists to determine the four winners. Finalists were tested on their knowledge of World History, Pop Culture, Caribbean Bottling Company and Coca-Cola Facts!

After a few rousing rounds of trivia, the four winners were declared after each winning their spot in the shopping spree by answering their questions correctly and choosing the “Grand Prize” Coca-Cola labeled bottles at random.

The morning of the shopping spree Coca-Cola gave the winners exclusive access to the Mall at Marathon and its participating stores before their usual operating hours. Grand prize winners were greeted with wide smiles from Coca-Cola brand representatives and morning bites before the big event.

At the start of the thirty-minute clock the grand prize winners along with each of their Coca-Cola shopping assistants ran to the various stores collecting items in their arms and carts.

Merlin Adams, a husband and father of four was proud to have executed his game-plan at the end of the shopping spree. With toys, a new phone and materials for his home from Kelly’s, Adams felt accomplished in what he gathered.

Taraceta Neely, a winner from Eleuthera collected beautiful bags for herself and relatives from Brass and Leather and Brian Bethel bought matching athletic and outdoor wear from The Sports Center for his family.

The final winner Ashia Demeritte bought linens and household items in addition to a new phone from BTC right in time for Christmas.

Caribbean Bottling Company is proud to share the real magic of Coca-Cola with the grand prize winners and the may instant prize winners across the Twist To Win campaign. For more updates on new products, promotions, and events follow www.cbcbahamas.com.

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 The Coca-Cola Art Project Astonishes Art Lovers at The Bahamas Culinary & Arts Festival  

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NASSAU, Bahamas — Caribbean Bottling Company (CBC), local producers and distributors of Coca-Cola and Dasani products displayed their astonishing Coca-Cola Art Project (CCAP), during Baha Mar’s five-day Culinary & Arts Festival.                                                                                                                                                                              Earlier this year, Coca-Cola partnered with The University of The Bahamas’ Visual Art and Design Department for a culturally rich art competition. UB’s art students were challenged to create pieces surrounding the theme, Bahamian music.

As a result, 20 student works of art were made, with four students declared as winners at the CCAP exhibit opening in Baha Mar’s ECCHO: Art Gallery in August. To recreate the culturally stimulating magic felt at the exhibit’s premiere, the CCAP was featured at the FUZE Art Tent during The Bahamas Culinary & Arts Festival.

Nine incredible pieces of art lined the walls of the Coca-Cola Art Project, four of which included the winning pieces from Jhanaisia Cole, with ‘Gaulin Bride’; Alyssa Pinder, with ‘Shotgun Wedding’; Nelson Gray, with ‘Untitled’; and Jaela Bowe, with the piece ‘Whims of Obeah, a Folktail’.                                                                                                                                                                                                                     Additionally, an intimate listening room was built. It displayed students’ artistic processes, UB Visual Art and Design representatives, and a recap of the exhibit opening for audiences.

Art enthusiasts also enjoyed premium limited-edition CCAP keepsakes at the booth. Journals which featured a collage of all 20 student submissions on the front and back cover, postcards with an art piece on the cover along with the student’s name, title, dimension and materials on the back and pens designed with the CCAP’s dynamic logo.

Throughout the art festival diverse groups of people visited the art tent taking in the displays while enjoying the artistic insights from the listening booth.

Community and culture are always at the forefront of Caribbean Bottling Community, and it was boldly showcased during The Bahamas Culinary & Arts Festival for the third consecutive year.

For more details on the Coca-Cola Art Project, events and new products visit www.cbcbahamas.com today!

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CWS Brings a Galore of Bubbles at Annual Jollification Festival  

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Caribbean Wines & Spirits team members smiling behind one of the company’s two bars at Jollification

NASSAU, Bahamas — Caribbean Wines & Spirits (CWS), The Bahamas’ premier wines and spirits distributor delighted Jollification attendees with bubbles from their Bottega and Bouvet Ladubay sparkling wines and Besserat de Bellefon champagne lines.

Located in the Monument Circle on The Retreat grounds, CWS transformed The Retreat Garden into a lush lounge with Besserat, Bouvet and their latest product addition, Bottega, during the two-day affair.

The festivities kicked off Friday during BNT Member’s Night. Guests enjoyed exclusive offerings from CWS’s catalogue, offered exclusively to members.  Complimentary mixes or glasses on the rocks included El Tequileno tequila, Hard Truth whiskey, House of Angostura rum, Cross Keys gin, Nemiroff vodka and a slew of wines such as Fonesca Bin, Bottega and Besserat.

Guests also savored the ‘Jolly Paloma’ cocktail, an instant favorite made with El Tequileno tequila, Schweppes Grapefruit and Domaine de Paris rose wine.  To end the night, guests were treated to branded limited-edition wine tumblers as keepsakes.

On Saturday and Sunday, Jollification attendees delighted in glasses or bottles of champagne and sparkling brut or rosé wines while taking in the comfort of the chic lounge.  In addition to purchasing bottles for onsite consumption, consumers were also able to purchase bottles as gifts whether for themselves or someone special.

The sophisticated “bubble lounge” lounge was decked with velvet couches, gold rimmed cocktail tables, blue and pink pillows, and a white floral branded backdrop created for capturing the perfect picture.

Caribbean Wines & Spirits, a historic partner of the Bahamas National Trust was pleased to support Jollification 2025 to kick off the festive season and share their expansive range of spirits.

To keep up to date with all CWS products and events, visit their website at www.cwsbahamas.com today.

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