CONVICTIONS UP 85%: AG flags need to ensure more prosecutors available for trial

NASSAU, BAHAMAS — The Office of the Director of Public Prosecutions Department maintained a high conviction rate of upwards of 85 percent, according to Attorney General Ryan Pinder at The Bahamas Judiciary Virtual Opening of the 2022 legal year.

Pinder said yesterday that an internal reorganization is underway to ensure sufficient attorneys are available to handle trials.

“In 2021, the Office of the Director of Public Prosecutions (the Office) continued executing its constitutional mandate, post the lockdown that largely impacted its operations in the year 2020,” he said. 

“The Office has increased its plea agreements, maintained a high conviction rate – upwards of 85 percent- and continued to work closely with law enforcement agencies.  It is worthy of further highlight, that the Office continued to render effective and efficient consultation services to the RBPF all year round. There is an improvement in the quality of investigations and evidence assembled for prosecution, which is a primary element, as mentioned earlier, to the efficient and effective administration of justice.”

Pinder said: “There is a need to ensure more prosecutors are available for trial and to efficiently present cases in a swift and complete manner.  In order to address this, an internal reorganization of the attorneys in the Office is underway to ensure a complete complement of attorneys at every level of seniority to ensure not only enough prosecutors to handle trials, but also to ensure there are enough junior practitioners to assist with the preparation of trials.

“In order to address this, an internal reorganization of the attorneys in the Office is underway to ensure a complete complement of attorneys at every level of seniority to ensure not only enough prosecutors to handle trials, but also to ensure there are enough junior practitioners to assist with the preparation of trials.”

Pinder also pointed out that the delays in court are a collective responsibility, adding that attorneys must be more focused and committed to presenting a thorough and well-prepared case at the outset.  

“There are too many unnecessary delays because attorneys are not ready or are ill-prepared. We as a body must recommit ourselves to advancing the administration of justice in a complete, and prepared manner,” he said.

Pinder noted that it is fundamental that for any matter, especially in criminal matters, proper evidence is marshaled, preserved, and utilized in court proceedings in a manner that preserves the integrity and faith in the process.  

“The enforcement agencies must focus on preserving the integrity of evidence when collected, stored, and used in order to preserve the confidence of the administration of justice,” he said.

I, as the representative of the executive branch of Government, must also commit to providing the necessary assistance on the collection and evaluation of evidence. We will work with the Ministry of Health in order to shorten the timeframe to obtain pathologist reports for example. I am advised that it is taking far too long to obtain the reports, in certain instances more than a year to produce,” said Pinder.

“The executive must do better at giving you the necessary tools to administer justice.  Likewise, the executive must do a better job of providing the framework and infrastructure to obtain ballistic reports, forensic reports and provide an avenue for providing reliable DNA evidence. We need to improve in the collection, handling, and evaluation of evidence to contribute to the efficient administration of justice.

Pinder added: “We likewise must manage and organize our courts and the administration of trials in order to provide more efficient and effective administration of justice. The move towards specialty courts is one that most of us as advocates, enforcement and the judiciary can agree will contribute to the proper, and effective administration of justice.”

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