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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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Bahamas News

Diamond Stubbs, 17 • Betrica Brown, 19 • Stania Webb, 19 • Fourth victim yet to be identified

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Deandrea Hamilton | Editor

Six road deaths in two days leave a nation searching for answers

NASSAU, The Bahamas – A nation that only days ago celebrated graduations, scholarships and bright futures is now united in grief as six lives were lost on Bahamian roads in just two days, including four young women whose deaths have shaken the country to its core.

The names Diamond Stubbs, 17; Betrica Brown, 19; and Stania Webb, 19 have become the heartbreaking symbol of one of the country’s deadliest road tragedies in recent memory. A fourth young woman, believed to be 18 years old, had not been publicly identified by authorities up to publication time, as families continued to mourn and await official confirmation.

The four were among eight occupants travelling in a gray Mazda when it crashed into a tree on Shirley Street shortly after 1 a.m. Sunday. Police said the 19-year-old driver reportedly struck a pothole, looked back toward his passengers and lost control before the vehicle slammed into the tree. Three young women died at the scene, while a fourth later succumbed to her injuries in hospital. Four others, including the driver, remain hospitalized as investigations continue.

The tragedy’s impact reached the House of Assembly on Monday, where Members observed a moment of silence – led by Prime Minister Philip Davis – in honour of the young women whose lives were cut tragically short.

What has resonated most across the country is not simply how they died, but who they were.

Diamond Stubbs had just graduated from Old Bight High School in Cat Island as valedictorian and head girl. She was preparing to attend Langston University in Oklahoma on scholarship and was remembered by her father as an exceptional student who earned virtually every academic award presented at graduation while inspiring other young people to pursue their dreams.

Betrica Brown, who called both Cat Island and Abaco her homes, had recently travelled to Nassau to secure her student visa. Youth and Sports Minister Mario Bowleg said she was preparing to begin college on a volleyball scholarship.

Stania Webb had already distinguished herself at Langston University, where she earned both President’s List and Honour Roll recognition after graduating from Old Bight High School at just 16 years old. Family members remembered her as a quiet, ambitious young woman deeply committed to her Christian faith and education.

Speaking in Parliament, Prime Minister Philip Davis described the loss as heartbreaking, extending condolences to the families, classmates and loved ones whose lives have been forever changed. He urged Bahamians to keep those still hospitalized and the grieving families in their prayers. Similar expressions of sympathy came from across the political divide, churches, schools and communities throughout the country.

Some residents were also chided for sharing gruesome and graphic photos and video in the hours following the shocking car crash.  Relatives said it made a difficult, heartbreaking time more unbearable.

Condolences poured in from government and Christian ministers; The Bahamas Union of Teachers; The Bahamas Christian council and other leaders from across the islands.

The national tragedy extended beyond New Providence. Also on Sunday, 26-year-old Nica Julien lost her life in a separate traffic collision in Grand Bahama. Then, on Monday, a road traffic accident claimed the life of a 30-year-old man on the highway of Abaco.

Together, the six deaths have transformed what should have been a season of celebration with graduations and independence festivities in play, into one of national mourning, leaving families, communities and an entire country searching for answers—and praying that no more names are added to the list.

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Twist of Timing Shifts Focus in Jonathan Gardiner Case

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The Bahamas, June 26, 2026 – Imagine boarding a plane for another Bahamian island, only for it to crash in U.S. waters during what now appears to have been a remarkable twist of timing.

Jonathan Gardiner’s Election Day flight has dominated headlines for weeks, but Thursday’s decision by a New York federal judge suggests the story may be far bigger than the crash itself.

Gardiner was denied bail after U.S. District Judge Gregory Woods described him as a danger to the community, a significant flight risk and concluded that the government’s evidence is “very strong.”

For many Bahamians, however, the public narrative has remained fixed on the approximately $30,000 recovered after the crash, including an envelope reportedly containing $5,000 intended for an unnamed politician.

Gardiner’s attorneys have argued the cash was legitimate, saying roughly $20,000 had been withdrawn from his business account the day before the flight. They also maintain the prosecution’s case is circumstantial and have argued that his speedy trial rights are being violated.

But prosecutors say the charges stem from a three-year federal investigation into an alleged conspiracy to import cocaine into the United States—not an investigation that began because a plane crashed in Bahamian waters.

That distinction may prove critical.

The crash brought the case into public view, but it may not be what ultimately determines its outcome.

The judge’s ruling raises a question that now deserves greater attention: What evidence from that three-year investigation persuaded a federal judge that the government’s case is “very strong”?

The answer may not lie in the cash recovered after the crash, but in investigative material that has yet to be fully presented in open court.

As the case moves toward trial, Magnetic Media will continue looking beyond the headlines and following the evidence that underpins one of the most closely watched criminal prosecutions involving a Bahamian in recent years.

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He’s Not Dusting Off Yesterday’s Plan… He’s Trying to Rebuild Government  

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By Deandrea Hamilton | Magnetic Media

 

The Bahamas, June 26, 2026 – Just in case you thought Sebastian Bastian, The Bahamas’ first Minister of Innovation and National Development, was about to dust off Vision 2040 and carry on where others left off… think again.

In his maiden Budget Communication on Monday, June 15, Bastian unveiled what amounts to a blueprint to rebuild how the government works.

Not with another glossy vision document.

But with an execution machine.

The clearest indication came when the Minister acknowledged that while Vision 2040 was an important national achievement, it also exposed a weakness.

“So we are changing what we are building. The National Development Plan will no longer be a document we complete and set aside. It will be a living instrument — continuously reviewed, always current, resourced by full-time professionals, and grounded in real data — that shapes how this government, and every government after it, chooses its priorities. A plan is a document. What we are building is an institution.”

It is a remarkable shift in philosophy.

Instead of governments producing national plans every decade, Bastian wants professionals monitoring implementation in real time, measuring progress and ensuring administrations stay focused on delivering what they promised.

To Bastian, national development goes far beyond the roads, airports and buildings Bahamians can see. It also means creating the invisible infrastructure of government — smarter systems, better planning, reliable data, accountability and institutions that survive changes in political administrations.

His speech repeatedly returned to one central idea: government itself has become an obstacle to opportunity.

He described a Family Island entrepreneur waiting weeks or even months for approvals because government systems do not communicate with one another. He spoke of public servants trapped by outdated manual processes instead of serving people. And he highlighted an 18-year-old entering a workforce being reshaped by artificial intelligence before graduation.

As he explained:

“…our job is a practical one: to make government work better, to make The Bahamas easier to do business in, and to make sure our country and our people are ready for what comes next.”

For ordinary Bahamians, he said the objective is simple.

“…a government that is simpler, faster, and far easier to deal with… dealing with your government will get easier, year after year, by design.”

His ministry’s four pillars are ambitious: modernizing government, preparing the nation for artificial intelligence, developing Bahamian talent and driving long-term national development.

Among the initiatives announced were a National Artificial Intelligence Authority, the country’s first AI legislation, a National Digital ID, SmartGov productivity tools for public officers, connected government systems, a National AI Literacy Initiative, an independent National Planning and Development Institute and a Delivery Division dedicated to turning plans into action.

The speech stopped short in one important area.

While Minister Bastian thoroughly explained how government intends to transform itself, he did not establish the measurable targets by which Bahamians can judge whether that transformation is succeeding.

However, he did reveal the next milestone.

Beginning in August, the National Development Plan Secretariat will begin assessing the planning capacity of every ministry and department while establishing a national tracking system before the renewed development plan moves into execution.

With 23 ministries and offices in the Davis administration, Bahamians now have a timeline.

It would not be unreasonable for the public to expect Minister Bastian to return once that assessment is complete with the findings, benchmarks and measurable goals that define success.

After all, the Minister’s own philosophy leaves little room for anything less.

“Delivery does not happen by good intentions — it happens when you build the institutions to carry it: capacity for research and policy thinking; teams dedicated to implementation; structures that demand accountability; systems that measure progress; and continuity that outlives any election cycle.”

If this speech is any indication, Minister Sebastian Bastian is not asking Bahamians to judge him by promises.He is asking to be judged by performance.

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