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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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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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