The problem of witness tampering is worsening in the country and the government has a plan in place to address this ﾓgrowing phenomenonﾒ, according to Director of Public Prosecutions Bernard Turner.
“The government has a concern about what is apparently acts of witness intimidation and witness tampering in the judicial system in The Bahamas and the government has an obligation to ensure that the laws continue to remain effective to ensure that peace and order prevails,” Mr. Turner said in an interview with The Bahama Journal on Tuesday.
“Certainly in my time in this office over the past 17 years I have seen a marked increase in the level of witness tampering in our cases. It certainly could be said 15 years ago that witnesses were not threatened.”
But he noted that the practice of bribing witnesses stretches back many years.
Mr. Turner said instances of witness tampering have been more pronounced over the last decade.
“Over the past ten years we have noticed the phenomenon of witnesses not just being paid, but actually being threatened and indeed it has now been stepped up where apparently witnesses are being killed to prevent them from coming to court and testifying,” he said.
The government expects to bring to parliament early after the summer recess proposed legislation to address witness tampering and to provide protection for witnesses.
In addition, the bill would allow for the use of earlier evidence from witnesses who may not show for trials.
In recent times, Mr. Turner said there have been several instances in which it was clear that tampering or intimidation of witnesses had occurred.
“Over the last several years there have been cases, both at the Supreme Court and Magistrate levels, in which witnesses have apparently been interfered with,” he said.
“Witnesses have substantially changed their testimonies in several instances. Witnesses have not returned to court having been summoned and subpoenaed and in several very unfortunate cases persons who have been witnesses in matters have been killed prior to their testifying.”
He pointed to one recent incident in which a witness who was on his way to court turned up dead several days later.
“A reasonable person can easily deduce from those circumstances that that may have had something to do with his going to court to testify,” Mr. Turner said. “And so the government had to respond to that situation. We cannot allow that kind of direct challenge to the peace, order and good government of the country to go unchecked.”
The government is seeking to put in place a programme to structurally protect witnesses. The apparent need for such a programme was thrust into the forefront when a teenage girl who was a key witness in a murder trial was shot in her home several months ago.
Authorities were investigating to determine whether there was a link between the shooting and her planned appearance in court.
It sent tongues wagging about the need for authorities to ensure that the lives of witnesses do not become threatened as they await court appearances.
Police Commission Paul Farquharson also recognized the need for such a programme, saying it would be one he would fully support.
The witness protection plan would involve the relocation of witnesses and in extreme circumstances would even involve helping witnesses change their identities.
Mr. Turner believes that there are a lot of complex matters that have resulted in the present state of affairs and he pointed out that it is also a concern throughout the region.
Itﾴs why a regional witness protection programme was established about 12 years ago.
Locally, Mr. Turner said drug crimes and gang-related activities continue to lead to the growing problem. The concern authorities have is that the administration of justice in some cases is being threatened.
“One instance of it is one instance too much,” Mr. Turner said, “and certainly weﾴve had more than one instance. It has affected the outcome of cases in this jurisdiction and so it is a problem.”
Candia Dames, The Bahama Journal
