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Minister Dames: Amendment to Witness Anonymity Act not An Attempt to Infringe on Rights of the Accused

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#Bahamas, April 23, 2018 – Nassau – During his seconding of the amendment to the Criminal Evidence (Witness Anonymity) Act, 2011, Minister of National Security the Hon. Marvin Dames said, on April 18, 2018, that it is not an attempt to infringe on the rights of the accused for a fair trial, but a means to ensure that the rights of witnesses are equally protected, which, he noted, is considered to be the foundation of successful criminal justice systems.

“The Criminal Justice System is one that operates under the tenets of fairness and balance,” Minister Dames said in the House of Assembly.

“Passing the amendment to this Bill will mark a significant stance for our Government and send a strong message that we are the champions of all Bahamians who stand up for justice and are concerned about the state of violence in our beloved country, and are prepared to risk everything for a return to the days when communities were free of incessant violence that threaten the safety, security, and the development of our peace-loving nation,” he added.

Minister Dames pointed out that the amendment to the substantive Act is to provide that the identity of witnesses in criminal proceedings may only be revealed in screening by a Magistrate, Magistrate Panel or Judge.  He added that Section 11, subsection (4) of the Act as it exists, allows exposure of an anonymous witness, as any member of the court has the right to screen the anonymous witness.

That loophole, he noted, had already resulted in Criminal Appeal to the Appellate Court by convicted persons claiming their right to confront witnesses was violated as the trial included anonymous witness testimony.

“Notwithstanding this, this loophole also created the issue of reprisals which is a serious threat to upright citizens and by extension the pursuit of justice,” Minister Dames said.

Since 2015 to date, the Anonymity Order has been applied in approximately 80 criminal cases according to police statistics, Minister Dames revealed.

“Out of this number, more than half of the cases, showed evidence of witness tampering,” he said.  “In 2016, a Senior Justice ordered an extension of the anonymity order of protection for a witness for the start of a murder trial, here allowing for an extension of that order after the Prosecutor argued that an eyewitness was hesitant about providing testimony if identity and location is not protected.”

Minister Dames stated that one of the most effective ways to intimidate a witness is to indirectly employ pressure by threatening well-being of a family member or loved one.

“It is therefore incumbent upon us in this honourable place to strengthen this Witness Anonymity legislation to protect not only the brave witnesses in these criminal cases, but also their family members and close friends,” he said.  “Police Investigators will tell you that witnesses feel more comfortable and are more open to assisting them with relevant information in connection to crimes when the anonymity order is in place.”

Further, he noted, the anonymity order protects not only witnesses, but also their family members from becoming targets prior to the start of the trial and after the trial.

Minister Dames said that he would be the first to admit that over the past decade crime has spiraled out of the control. However, he added, in recent times the country was beginning to see positive signs that the numbers were trending downward.

“Yet, we cannot fool ourselves into thinking that this is the same peaceful nation that many of us knew as young children but has over the last decade taken a turn in the wrong direction,” he said.

“Let us not fool ourselves,” he cautioned.  “We now live in an era of intimidation, where criminals constantly apply fear tactics to discourage potential witnesses from executing their constitutional right of free speech.”

Minister Dames pointed out that from 2015 to 2017, the vast majority of homicides committed were attributed to gun violence and gang culture.

“In 2015, an estimated 79 percent of the murders were committed by firearms; in 2016 an estimated 84 percent; in 2017 an estimated 88 percent and — already for this year – an estimated 79 percent,” he said.

Moreover, he noted, for the same three-year period, there were 378 murders recorded where most of the victims and perpetrators fell between the ages of 18-35 years.

“We cannot stand by and allow the youth of this nation to behave in such a way that are above the law and will do whatever it takes to allow justice to take its full course, he added.  “When we say we are serious about what we are doing, we are.”

Minister Dames stated that The Bahamas was not alone in taking corrective measures to protect citizens of the country, who freely want to see justice served, and had enacted Witness Anonymity legislation to do just that.

The Commonwealth of Dominica, he stated, passed the Protection of Witnesses Act in 2013, and the United Kingdom passed the Criminal Evidence (Witness Anonymity) Act in 2008.  Minister Dames also said that the Government understood the “clear implications” of not amending the Bill.

“Criminals can grow in confidence, while law abiding citizens lose faith in the system,” he warned.

He mentioned how, during the mid to late 1990s in London, England, that became the case due to gun violence and witnesses fearing retaliations.

“It was not until special measures were put in place including total anonymity did witnesses come forward and detection of serious crime rocketed to over 85 percent,” he said.

“We cannot afford in this small nation for lawless individuals to bring our country to this, nor can we afford for our good citizens to lose confidence in the justice system,” Minister Dames said.  “This is why our Government is seeking to amend this Bill – to uphold the integrity of our system and to thwart witness intimidation.”

 

By: Eric Rose (BIS)

Photo Caption: Minister of National Security the Hon. Marvin Dames speaks, on April 18, 2018, during his seconding of the amendment to the Criminal Evidence (Witness Anonymity) Act, 2011, in the House of Assembly.

(BIS Photo/Eric Rose)

 

 

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Caught in the Net, Not Accused of Wrongdoing

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What the Attorney General must do now to protect Bahamian exports

Deandrea Hamilton | Editor

NASSAU, Bahamas — The United States’ decision to impose a 12.5 percent tariff on Bahamian exports is about more than higher costs for seafood, rum and other goods entering the American market. It is a warning that The Bahamas must move quickly to strengthen or clarify its legal framework governing forced labour and supply-chain enforcement.

The tariff, which takes effect July 24, is part of a sweeping U.S. trade action affecting 60 economies following a review by the Office of the U.S. Trade Representative (USTR). The review concluded that the listed countries have not adequately prohibited or enforced measures against goods linked to forced labour in global supply chains.

The action follows a recent U.S. Supreme Court ruling that invalidated an earlier series of Trump-era tariffs imposed under emergency powers. In response, the Trump administration shifted to a different legal authority—Section 301 of the Trade Act of 1974—using findings from a U.S. Trade Representative investigation into forced-labour compliance to support a new round of tariffs affecting 60 economies, including The Bahamas.

Importantly, the action does not accuse Bahamian businesses of using forced labour. Instead, it reflects the U.S. view that The Bahamas’ legal or enforcement framework does not yet meet the standard Washington expects.

That distinction matters.

The Attorney General’s Office now has the responsibility to lead the country’s legal response. That begins with determining precisely what concerns the U.S. Trade Representative identified, reviewing whether Bahamian law adequately addresses those concerns and, where necessary, recommending legislative or regulatory changes. If deficiencies exist, legal amendments and stronger enforcement could help position The Bahamas for removal from the tariff list.

The government may also seek formal discussions with U.S. officials while those reforms are undertaken, outlining a clear timetable for compliance and demonstrating that the country is committed to meeting international labour standards.

A Nassau Guardian front-page report on July 24 drew attention to the tariff action, prompting broader questions about why The Bahamas was included among the 60 economies affected by the U.S. trade measure and what steps are now needed to restore full confidence in the country’s trade framework.

For many Bahamians, the immediate concern will be the fisheries sector, one of the country’s largest export industries. Commercial shipments of lobster, conch, fish, crawfish and other products entering the United States could become more expensive because of the additional tariff, potentially affecting exporters’ competitiveness.

The broader lesson is that international trade increasingly depends not only on quality products, but also on strong business relationships and confidence in the legal systems that govern them.

For The Bahamas, this is less a finding of wrongdoing than a reminder that international credibility is earned through modern laws, effective enforcement and trusted partnerships. The challenge now is for the Attorney General’s Office to lead a swift legal review, identify any deficiencies and chart a clear path toward compliance so Bahamian exporters are not burdened any longer than necessary.

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What 45 Shell Casings and New Murder Charges May Mean for Three Officers in the Azario Major Case  

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By Deandrea Hamilton | Editor

NASSAU, Bahamas (July 16, 2026) — The allegation is as shocking as it is consequential. Prosecutors now contend Azario Major was struck by additional gunfire after he was already dead.  That conclusion has prompted the Director of Public Prosecutions to upgrade the case against three police officers from manslaughter to murder ahead of a judge-only trial.

According to court filings and the DPP’s review of the forensic evidence, prosecutors allege that additional rounds entered Major’s body after death, a finding they say fundamentally changed their assessment of the case and justified the more serious charge of murder.

Investigators recovered 45 spent shell casings at the scene of the Boxing Day 2021 fatal shooting of Azario Major, a striking piece of forensic evidence that has remained central to the case from its earliest days.

Major, 31, was fatally shot by police outside Woody’s Bar on Fire Trail Road on December 26, 2021. While police initially maintained the shooting was justified, the circumstances surrounding the incident were heavily scrutinized during a Coroner’s Court inquest, where jurors ultimately returned a verdict of homicide by manslaughter.

The officers later challenged that finding, but the Supreme Court upheld the Coroner’s Court ruling, paving the way for criminal proceedings. They were subsequently arraigned on manslaughter charges and pleaded not guilty.

The DPP’s decision to elevate the charges to murder significantly raises the legal stakes. Unlike manslaughter, which does not necessarily require proof of an intent to kill, a murder conviction requires prosecutors to establish the legal elements of the more serious offence beyond a reasonable doubt. The prosecution’s case is now expected to focus heavily on forensic evidence, ballistic analysis and the sequence of gunfire during the fatal encounter.

The case is also notable because it will proceed without a jury. Barring further delays, the trial is expected to open on September 14 before Justice Guillimina Archer-Minns in a judge-alone trial, where a single judge—not a jury—will decide the fate of the three accused officers.

The proceedings will determine not only whether the three officers are guilty or innocent of murder, but whether prosecutors’ extraordinary allegation—that Azario Major was struck by additional gunfire after he was already dead—can be proven in court.

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CARICOM Targets Affordability as Bahamas, TCI Continue to Feel the Pinch  

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By Deandrea Hamilton

 

Cheaper shipping. Lower energy costs. Better access to healthcare. Stronger consumer protections.

Those are among the measures CARICOM Heads of Government believe could finally begin reducing the stubbornly high cost of living for millions of people across the Caribbean.

Meeting in Saint Lucia, regional leaders agreed that making life more affordable must become one of the Community’s highest priorities. Their emerging strategy includes reducing freight costs through a regional ferry service, accelerating renewable energy projects to lessen dependence on imported fuel, expanding regional healthcare partnerships, strengthening consumer protection, and encouraging governments to adopt successful cost-of-living measures already being implemented across the Caribbean.

“Our discussions over the past four days were guided by one central objective – ensuring that CARICOM delivers results that people can see and feel in their everyday lives,” CARICOM Chairman and Saint Lucia Prime Minister Philip J. Pierre said.

Few places may welcome that relief more than The Bahamas and the Turks and Caicos Islands.

Although inflation has moderated in both countries from the sharp increases experienced following the pandemic, the cost of living remains stubbornly high. Families continue to complain about grocery bills that stretch household budgets, rising housing costs, expensive electricity, healthcare expenses and fuel prices that remain among the highest in the region.

Governments have responded.

In The Bahamas, successive reductions in Value Added Tax on selected goods and other targeted tax measures have sought to ease pressure on consumers. In the Turks and Caicos Islands, the Government this weekend opens applications for its $500 Cost of Living Relief Programme, acknowledging that many households continue to struggle despite the country’s economic success.

Yet affordability remains elusive.

The contradiction is difficult to ignore.

The Turks and Caicos Islands continues to post one of the region’s strongest tourism-driven economies, with robust investment, record visitor spending and sustained construction activity. The Bahamas has also strengthened its economic position, earning improved sovereign credit ratings as tourism, government revenues and fiscal performance continue to recover.

Yet those encouraging economic indicators have not translated into noticeably lower household expenses.

The reason is largely structural.

Both The Bahamas and the Turks and Caicos Islands produce relatively little of what they consume. Food, fuel, medicines, vehicles, building materials and countless household essentials are imported. Both countries also record significant trade deficits, illustrating their dependence on overseas suppliers. Every increase in global shipping costs, fuel prices or supply chain disruptions is eventually reflected in supermarket prices, utility bills and the cost of everyday living.

That is why CARICOM’s agenda matters.

If regional leaders succeed in lowering freight costs through an inter-island ferry network, expanding renewable energy, improving regional cargo movement, strengthening consumer protections and making healthcare more accessible through cooperation, the benefits could extend far beyond government balance sheets.

For Bahamians and Turks and Caicos Islanders, success will not be measured by another tourism record or another credit rating upgrade. It will be measured at the supermarket checkout, on the monthly electricity bill, at the gas pump and in the simple ability to afford a better quality of life.

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