标签： Bahamas

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.

The Bahamas is witnessing a surge in homelessness and evictions, as reported by Khandi Gibson, President of Families of All Murdered Victims (FOAM). Gibson highlighted that many residents are still grappling with the economic fallout from the COVID-19 pandemic, struggling to meet basic needs such as food and shelter. The Department of Social Services has attributed this crisis to landlords abruptly increasing rents, leaving tenants unable to cope. Gibson revealed that she receives an average of ten daily pleas for assistance, often from employed individuals who still cannot afford rent or groceries. Among these are harrowing stories, such as a father of two living in a car for three months despite working full-time, and a mother of three sending her children to school without food. A 17-year-old single mother also shared her plight of paying $70 daily for an Airbnb while caring for her infant. Gibson emphasized that these cases are becoming alarmingly common, with many families unable to recover from the pandemic’s impact. She called for collective action, urging communities to support one another to prevent further despair and rising suicide rates. ‘This is not natural. This is not common,’ she pleaded, ‘I am begging all of us to reach out or just help.’

The Court of Appeal in The Bahamas has issued a landmark ruling, declaring that neither the government nor Bahamian resident Dahene Nonard will be required to pay legal costs in a protracted citizenship case that has stirred controversy due to a delayed judgment issued by a retired Supreme Court justice nearly three years after leaving office. The decision, delivered by Justice Crane-Scott with the concurrence of Chief Justice Sir Ian Winder, Justice Charles, Justice Smith, and Justice Turner, emphasized that fairness and justice necessitated both parties bear their own costs. The court stated, “the justice of this particular case dictates that there be no order as to the costs of the appeal.”

The case traces back to 2013 when Ms. Nonard applied for Bahamian citizenship. After years of inaction, she sought judicial review and constitutional relief in November 2018, alleging the government’s failure to process her application. The matter was heard in February 2021, but the presiding judge reserved her ruling. It was not until August 2024, three years and five months later, that the judgment was delivered—nearly three years after the judge’s retirement. The government appealed, arguing the retired justice lacked constitutional authority to issue a ruling post-retirement. In July 2025, the Court of Appeal agreed, deeming the August 2024 judgment unconstitutional, invalid, and a nullity. The court set aside the ruling and remanded the case to the Supreme Court for rehearing.

The cost issue remained unresolved until the recent ruling. The government, represented by attorney Kayla Green-Smith, argued it was entitled to costs as the successful party. Ms. Nonard’s legal team, led by Frederick Smith, KC, countered that the delay and appeal were caused by the judicial system, urging no order on costs. Justice Crane-Scott acknowledged both parties as innocent victims of the delay, stating, “Neither the appellants nor the respondent are responsible for the delay which transpired after the learned judge reserved her decision in February 2021.”

The court highlighted that while the government technically prevailed on appeal, its victory was based on the judgment’s unconstitutionality, not the merits of its legal arguments. Justice Crane-Scott emphasized that applying the usual costs rule would be unconscionable, as Ms. Nonard had no fault in the delay. The ruling referenced section 30(1) of the Supreme Court Act and Rule 24(5) of the Court of Appeal Rules, which grant judges discretion over costs. It also cited precedents like Scherer v Counting Instruments Ltd, affirming that a successful party has no automatic right to costs, and each case must be evaluated on its unique facts.

A newborn baby boy, still with his umbilical cord attached, was discovered crying in bushes off Marshall Road yesterday morning as heavy rain began to fall. The incident has sparked a police investigation and widespread concern. According to authorities, the infant was found by a passerby, Acharro Gaitor, who alerted the police shortly after 9 a.m. Gaitor, who was in the area at the time, described the emotional moment of discovering the child. ‘I started praying,’ he told ZNS News. ‘That’s the first thing I did, and my prayer is that the child will live and represent the kingdom of God.’ Emergency medical services were immediately called to the scene, and the baby was transported to a nearby hospital. Police later confirmed that the infant was in good health despite the ordeal. Chief Superintendent Darron Nixon, the officer in charge of the Carmichael police station, issued a heartfelt plea to the baby’s mother, urging her to come forward. He emphasized that there are numerous resources available for women facing crisis situations. ‘Mothers should not have to endure this kind of trauma,’ Nixon stated. ‘It is a traumatic situation, and she needs to know that there is help available. We are not blaming her, and we hope she will come forward to us and let us know that it is her child. The child is still alive, and there is help for this situation.’ The incident has raised questions about the support systems in place for vulnerable mothers and the importance of community awareness.

In response to the impending threat of Hurricane Melissa, Prime Minister Philip “Brave” Davis has issued a mandatory evacuation order for over 1,400 residents in the southeast Bahamas. The order, effective from October 27 to November 1, targets vulnerable islands including Inagua, Mayaguana, Acklins, Crooked Island, Long Cay, and Ragged Island. Priority is given to the elderly, the sick, and children, with air and sea transportation provided to relocate evacuees to New Providence, where shelters and accommodations have been arranged. The decision follows consultations with the Disaster Risk Management Authority and the Bahamas Department of Meteorology, emphasizing the precautionary nature of the evacuation to ensure safety before conditions worsen. Forecasts predict hurricane-force winds, heavy rainfall, and storm surges of up to six feet in the southeast Bahamas. Supplies and emergency personnel have been pre-positioned, and all government agencies are operating under the National Disaster Response Framework. Deputy Director of Meteorology Jeffrey Green reported that Hurricane Melissa, currently a Category 5 storm with sustained winds of 175 mph, is expected to impact Jamaica, Cuba, and the Bahamas. Evacuation flights began early yesterday and will continue today, with over 370 people already relocated. Authorities anticipate the number of evacuees to exceed 1,400. Prime Minister Davis expressed solidarity with Jamaica, the Dominican Republic, Cuba, and Haiti, which are already experiencing the storm’s effects, acknowledging the fear and uncertainty such storms bring.

The Bahamas was struck by tragedy over the weekend as two young men lost their lives in separate violent incidents. Mekhi Taylor, a 20-year-old beach attendant, was fatally shot early Saturday morning in a parking lot on University Drive. According to police reports, a Japanese vehicle pulled up shortly before 2 a.m., and its occupants opened fire on a group of people standing in the area. Taylor’s family believes he was not the intended target but was tragically caught in the crossfire. His older sister, K’nelle Taylor, described him as a jovial and carefree individual who often joked about enjoying life to the fullest, even in the face of danger. Just hours before the shooting, Taylor had dined with his younger brother and friends at Carnivale Bahamas, promising to return home after dropping off a neighbor. His workplace, The Blue Zone Experience, paid tribute to him, calling him a hard-working and irreplaceable asset to their team. In a separate incident, 25-year-old Philip Lockhart, a twin and restaurant server, was killed following a brawl at Arawak Cay on Sunday morning. His best friend, Iranique, expressed profound grief, remembering him as an extraordinary and caring individual who had been a pillar of support in her life. Police have detained a 29-year-old man in connection with Lockhart’s death. These latest homicides have brought the country’s murder count to 70 for the year, according to records from The Tribune.