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BAHAHAS: Garvin Gaskin Sworn In as Country’s First ‘Constitutionally Appointed’ Independent DPP

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8 years ago

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#Nassau, June 13, 2018 – Bahamas – The former Director of Public Prosecutions in the Office of the Attorney General and Ministry of Legal Affairs, Mr. Garvin E. Gaskin, was sworn in Monday (June 11, 2018) as the country’s first Constitutionally Appointed Independent Director of Public Prosecutions.  The ceremony was performed by Her Excellency Dame Marguerite Pindling, DCMG, Governor General of the Commonwealth of The Bahamas, at Government House, Mount FitzWilliam.

A graduate of the University of the West Indies (Bachelor of Laws, 1993) and the Norman Manley Law School (Certificate of Legal Education, 1995) Mr. Gaskin was admitted to the Legal Bar of the Commonwealth of The Bahamas in 1995.

The Office of an Independent Director of Public Prosecutions was established through A Bill for An Act to Amend the Constitution of The Bahamas to provide for the Establishment of the Office of the Director of Public Prosecutions and For Matters Connected Thereto (Long Title) that was tabled in the House of Assembly on Wednesday October 18, 2017. (Short Title The Bahamas Constitution (Amendment) Act, 2017.)

Article 78 A of The Bahamas’ Constitution Amendment Act, 2017, which established the Office of the Director of Public Prosecutions states in Paragraph 3 that: ”The Director of Public Prosecutions shall have power in any case in which he considers it desirable so to do, to institute and undertake criminal proceedings against any person before any court in respect of any offence against the law of The Bahamas; to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and to discontinue, at any stage before judgment is delivered, any such criminal proceedings instituted or undertaken by himself or any other person or authority.”

“The Office of the DPP’s mission is to serve the public by providing prompt, impartial and integrity-based prosecutorial services, built on the foundation of the values and principles enshrined in the Constitution of the Commonwealth of The Bahamas,” DPP Gaskin said.  “The core functions of the Office of the DPP, includes the prosecution of those charged by the police and other investigative agencies with criminal offences while upholding, protecting and promoting human and constitutional rights.”

Specifically, those functions are: Undertaking public prosecution of cases forwarded by investigative agencies including cases taken over from private prosecutors; Representing the Crown in all criminal trials, criminal applications and appeals; Advising the police and other criminal investigative and prosecutorial agencies on the institution of criminal charges; Reviewing prosecutions to ensure that accused persons are prosecuted on the right charges before the appropriate court, and, in collaboration with the Office of the Attorney-General, effecting matters relating to international relations including extradition and Mutual Legal Assistance (MLA).

Other functions include advising Government Ministries, Departments and State Corporations on matters pertaining to the application and development of the criminal law; The formulation, review and dissemination of Prosecution Policy; Monitoring, training, and advising on the appointment and Gazettement of public prosecutors; Addressing parliamentary questions relating to the administration of prosecution services; Addressing complaints raised by members of the public, watchdog bodies/civil society and other institutions; Providing support for victims and witnesses of offences, and undertaking other administrative roles, as required, relating to the efficient and effective administration of the criminal law.

DPP Gaskin brings a wealth of experience to the new post. As Director of Public Prosecutions in the Office of the Attorney-General and Ministry of Legal Affairs, he was responsible for prosecuting all Criminal Matters in the Courts up to the Privy Council; overseeing and conducting prosecutorial matters relating to compliance (or lack thereof) with the Financial Legislation of December 2000, particularly the Proceeds of Crime Act (Money Laundering), Financial Transactions Reporting Act, Financial Intelligence Unit Act, and the Criminal Justice (International Cooperation) Act and also matters of Fraud, Dangerous Drugs and Extradition.

Mr. Gaskin served as the Acting Director of the Financial Intelligence Unit, during fixed periods within April through August 2004.  He was a Representative Delegate of the Commonwealth of The Bahamas at the Financial Action Task Force (FATF) Plenary Meetings from 2012-2014 accompanying the Attorney General of the Commonwealth of The Bahamas at all of the said meetings as the Chief Technical Expert.

He also served as Representative Delegate of the Commonwealth of The Bahamas at the Caribbean Financial Action Task Force (CFATF)Plenary Meetings from 2008-2018, accompanying or representing the Attorney – General of the Commonwealth of The Bahamas at all of the said meetings as the Chief Technical Expert.  Mr. Gaskin accompanied the Attorney General, at the Ministers of Justice or Attorneys General of the Americas (REMJA) Meeting, Washington, D.C. – April 2008; the United Nations Office on Drugs and Crime (UNODC) and Inter-American Committee on Terrorism of the Organization of American States (CICTE/OAS) – Ministerial Conference on International Cooperation Against Terrorism and Transnational Organized Crime, Santo Domingo, Dominican Republic- March 2007.

DPP Gaskin has served as a Member of the Organization of American States’ Working Group on Mutual Legal Assistance in Criminal Matters and Extradition and is an IMF/WORLD BANK/ CFATF Certified Legal Expert in Financial Action Task Force Mutual Evaluations Methodology.  He was the Legal Expert and Examiner in the CFATF Mutual Evaluation of Jamaica (2005), and the Legal Expert and  Examiner in the CFATF Mutual Evaluation of Cayman Islands (2007), and the Legal Expert Examiner in the CFATF Mutual Evaluation of Anguilla (2009).

Mr. Gaskin has been trained in Asset Forfeiture and related Financial Investigations by the United States of America’s Department of Justice (U.S. Justice Department) at the Federal Training Centre, South Carolina; Trained in Prevention of Environmental Crimes at the Caribbean Regional Conference, Basseterre, St. Kitts & Nevis; Trained in Money Laundering, the Challenges of Cyber Crime, Terrorism and Mutual Legal Assistance at the Changing Face of International Cooperation in Criminal Matters in the 21st Century Conference, Oxford University, United Kingdom, and Trained in Capacity Building in Combating Terrorism at the Commonwealth Secretariat Training of Specialists and Trainers Programme, in Kingston, Jamaica.

“My experiences cover every aspect of the criminal law practice from the Magistrate’s Court to the Privy Council,” Mr. Gaskin said. “I have prosecuted over one thousand matters, in one way or the other, and so I am not afraid of work; from the complex and/or high profile, to the simple and low profile.”

During his tenure as Director of Public Prosecutions, the Department experienced a “significant increase” in the number of guilty pleas – particularly during the period January, 2017, to April, 2018 during which time there were 110 guilty pleas.  Mr. Gaskin was confirmed in the post of Director of Public Prosecutions in the Office of the Attorney General and Ministry of Legal Affairs in December 2016 after being appointed Acting DPP in 2015.

“I am particularly pleased, among other things, with the significant increase in guilty pleas.  In times past, guilty pleas were few and far apart,” Mr. Gaskin continued, “from January 2017 to April 2018, we have had over 110 guilty pleas.  Note that there are 52 weeks in a year, and one full trial averages about 2 weeks, versus a guilty plea, which takes less than a day.  Thus, we have dealt with over 2 years worth of trials, by guilty pleas, in the aforementioned period. This results to a significant boost in the effective use of judicial time, which is precious.

“In addition, our consultative relationship with the Royal Bahamas Police Force has been greatly enhanced by a system of review, before charging, of all cases destined for the Supreme Court, by the DPP or his delegates.  This leads to tighter and more cogent cases; but we acknowledge that we have more heavy lifting to do.”

In addition to Mr. Gaskin as the Independent DPP, the structure of the Office of the Director of Public Prosecutions Office is expected to consist of a maximum of two Deputy Directors of Public Prosecutions, Assistant Directors of Public Prosecutions, Chief Counsel, Senior Counsel, Counsel, Assistant Counsel and Pupils.

DPP Gaskin said the facilitation of “specialized units” to combat new and emerging criminal trends and typologies will also be key.

“We need more human resources to increase and buttress our prosecutorial effectiveness. More bodies (suitably qualified) are required to facilitate specialized units to combat emerging criminal trends and typologies, such as trafficking in persons, cybercrime, money laundering, and the financing of terrorism, to name a few.  In addition, generally more human resource are needed to effectively service the 10 courts sitting at the Supreme Court level, and the two panels sitting at the level of the  Court of Appeal.

“The requirement of more resources is also tied to the fact that the Office of the DPP must establish a greater presence in the direct supervision of prosecutions in the Magistrate’s Courts.  This is particularly critical, as the majority of cases tried in the criminal justice system of The Commonwealth of The Bahamas, are proceeded with in the Magistrate’s Court.

“We are grateful to the Government for its formal commitment to appropriately resourcing the Office of the DPP; to ensure that the Country’s law firm, on the criminal side of the administration of justice, stands pre-eminent,” DPP Gaskins added.

 

By: Matt Maura (BIS)

Photo Caption: Garvin E. Gaskin was sworn in Monday, June 11, 2018 as the country’s first Constitutionally Appointed Independent Director of Public Prosecutions.  Pictured at the ceremony at Government House are from left: Prime Minister, Dr. the Hon. Hubert Minnis, Governor General Her Excellency Dame Marguerite Pindling, Garvin Gaskin, Mrs. Odia Gaskin, and Attorney General and Minister of Legal Affairs, the Hon. Carl Bethel, QC.

(BIS Photo/Yontalay Bowe)

 

 

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Caught in the Net, Not Accused of Wrongdoing

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3 days ago

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July 23, 2026

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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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Bahamas News

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

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1 week ago

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July 16, 2026

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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  

Published

2 weeks ago

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July 15, 2026

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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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