Bahamas Director of Public Prosecutions Cordell Frazier has defended the controversial decision to impose a non-custodial sentence on wealthy American businessman James Finkl, who was convicted of firearm-related offenses. Finkl, the former head of global steel giant Finkl Steel, admitted to bringing 14 firearms and over 1,000 rounds of ammunition into The Bahamas aboard his yacht in Bimini last week. Despite public outcry, Frazier emphasized that sentencing is based on individual case merits, not wealth or nationality. She highlighted Finkl’s medical issues as a key factor in the decision, stating that a prison sentence would have been impractical. Frazier also noted that mandatory minimum sentences for firearm offenses have been abolished, and fines have been imposed on Bahamians in similar cases when justified. The ruling has sparked debate, with some senior lawyers labeling it ‘highly irregular.’ Frazier cited a 2022 Court of Appeal case involving a diabetic American man, Ronald Ralph Moorhead Jr, whose prison sentence was reduced due to medical concerns. While the court acknowledged firearm offenses typically warrant jail time, it stressed that Moorhead’s case was exceptional and not a precedent. Frazier reiterated that magistrates retain discretion to impose non-custodial sentences when circumstances warrant, but custodial sentences remain the standard for such crimes.
