JUDGE ONLY TRIAL OPTION

Bahamas’ government has tabled legislation for judge only or bench trials but the new system will give defendants and accused persons the option to choose, which system they prefer once authorities determine that that person is competent to do so.

The move by the administration of Prime Minister Phillip Davis follows closely on that of Antigua which, like The Bahamas, says the system is better than traditional jury trials as too many panels have returned mysterious verdicts against all, normal judicial expectations. Worse yet, jurors do not have to give reasons for their decisions like judges and magistrates. They can simply walk away after deciding.

Minister of Security Wayne Munore tabled the miscellaneous provisions bill in parliament this week, seeking to provide an alternative trial system for those on trial. Antigua recently announced plans to pursue this route, while Trinidad made much use of it during the COVID pandemic.

A big part of the argument against jury trials only has to do with possibilities of corruption, widespread publicity before a trial affecting juror panels and family as well as social connections of those sitting on jurors in small populations. Minister Munroe says there will be safeguards to protect defendants opting for bench trials.

“Where an accused person waives his right to legal advice, the bill provides that the judge shall make an order for trial by judge alone only if satisfied that the accused person is competent to elect trial by judge alone without legal advice, has clearly and unequivocally elected to be tried by judge alone, understands the effect of electing trial by judge alone, and files a certificate of waiver,” Munroe said.  He noted that judges will be required “to give reasons for their decisions. The bill also provides that all references to trial by jury in any written law includes a reference to trial by judge alone where the accused elects that mode of trial.”

To put the system in place, a number of judicial acts would have to be amended including those governing all levels of the system from magistrates to the appeals court, the evidence, firearm, child protection, the criminal and penal codes and the capital punishment code.

The tabling of the bill came just around the time a judge was forced to dismiss an entire rape trial jury in North Abaco because a juror was related Opposition Leader Mike Pintard. The accused in the case is fellow lawmaker Kirk Cornish. Critics say this bears out a need for reform of the jury system, especially in societies with small populations. Duane Sands, Chairman of the opposition Free National Movement says the dismissal of the jury is embarrassing.

“You know, you would have to ask what was the process for jury selection, what were the questions asked and by whom.,” Sands told the Tribune newspaper. “Certainly, you know, we are a small society and people are related in ways that you wouldn’t know unless you ask and that doesn’t mean that certainly Mr Pintard was aware that somebody was selected for this particular trial. So, I say that the independent judicial arm of government needs to look at the process to determine whether or not they could have done things a little differently and better. But certainly, there is no role played by the leader of the opposition, the honorable member for Marco City. So the hope is that moving forward, there is a robust examination of the type of questions that should be asked of all jurors to determine whether they qualify or disqualify for a particular matter.”