Letters to the editor: Why a commission of inquiry is needed

PM must act to restore confidence

By Dr. Hubert Minnis

The crisis in the Royal Bahamas Police Force (RBPF) has Bahamians anxious and afraid.

The explosive allegations regarding bribery, corruption, and possible complicity in murders are the most serious allegations to hit The Bahamas since the drug years in the 1970s and 1980s. 

The allegations have made the international press. They are being closely watched by various governments and international partners. 

Commissioner of Police Clayton Fernander has launched an investigation. While the Commissioner is making an effort to respond properly, the investigation he announced is insufficient. It is inadequate.  It falls short of what is needed.

The police cannot investigate themselves when the allegations are being made about them at their senior ranks. There is the need for an even more independent, thorough, and transparent investigation.

This does not appear to be the case of a few bad police. There may be systemic and broader issues in the force, including the relationship with senior police and noted criminals and gang members.

The police force has reached out to the United Kingdom for assistance. This, too, is insufficient. We need more than just a few foreign police officers to assist the police with their investigation.

The allegations are too significant for the response that has been proposed. Confidence in the police force has declined. And the situation may be getting worse.

Bahamians are frightened and do not want anything covered up. They demand and deserve a wide-scale and comprehensive investigation.  Again, the police cannot investigate itself alone!

Crime and confidence in police

There were 128 murders in 2022, which was the PLP’s first full year in power. This was the second highest murder count in our history.

This year has been violent and bloody, too. We are on pace to have 120-plus murders again. In recent weeks the pace of killings has increased with numerous shootings and stabbings taking place.

The police are the first line of response to crime. They are also a major deterrent. The Bahamian people know there are many good men and women on the police force. They risk their lives every day for us. We thank them for their service and dedication to our communities.

Because of these good men and women, it is essential that we root out those who may be engaged in corrupt practices. Such officers bring into question the police response to crime and gang violence.

Are they feeding preferred gangs information on rivals? Are they protecting certain gangs and their leaders from prosecution? Are they complicit in the killings of rivals to the gangs they are protecting? Has police corruption made our country’s crime problem worse?

The scandal raises all these serious questions, and more.

One isolated police investigation cannot get to the bottom of all these deeply troubling questions. A bigger more powerful inquiry is needed – and, it is needed now.

 

The commission

A commission of inquiry is a Bahamian legal tool. There is an act that governs commissions. It allows for the creation of a truly independent investigatory body.

Commissions exist in our law for moments such as this – that is, cases where allegations of corruption or abuse are pervasive and go up the chain of command in a state entity or other body.

A commission would have hearings in the open, where the public may attend. This is important to help the Bahamian people have confidence in the independence and openness of the investigation and its findings.

A commission could include eminently qualified people from The Bahamas, the region, the broader Commonwealth, or beyond. 

We need to know how prevalent corruption may be in one of the most important institutions of the state. Our police force is too important. We cannot let a certain group of officers contaminate this organization and undermine confidence in the police by the public.

Along with my opposition colleagues, I support the appointment of a commission of inquiry. I again ask the prime minister to invite the governor general to appoint such a commission.

As I have said before to the media, I proposed that the commission should investigate:

1. The leadership of such gangs; 

2. The influence of such gangs in communities and islands throughout The Bahamas;
3. The involvement of such gangs in illegal activities, with particular reference to illegal firearms, dangerous drugs, and any other illicit activities;

4. The relationships that such gang leaders and members may have with senior law enforcement officers, inclusive of the police, defence force and immigration; and the influence that they may have upon such officers (if any);
5. The relationships that such gang leaders and members may have with elected members of Parliament and the influence that they may have upon such MPs (if any); and
6. Allegations made of improper acts that tend to undermine confidence in the police force or individual police officers.

A way forward

A commission would answer these questions. Its report would give us an understanding of the depth of our problems, and suggestions as to the way forward.

We may need to restructure parts of the police force. New oversight bodies may need to be created. Certain individuals may need to be transferred or retired or prosecuted. New legislation may be needed. We may need to raise the salaries of police officers. We definitely need to end political interference in promotions.

The police investigation that has been launched does not go this far. It cannot investigate the systemic and institutional problems that may exist.

The prime minister said the police force allegations are “terribly disturbing”. He should take the next step and invite the governor general to appoint a commission of inquiry.

If he fails to call for a commission, this would suggest that the prime minister and his government are not interested in fully investigating the allegations made.

This would be an act of gross and high negligence by the Davis administration. Why is this government afraid to ask for the appointment of such a commission? 

History calls on leaders to have courage and wisdom in times of crisis. Philip Davis, as our head of government, should do the appropriate thing. Invite the governor general to appoint a commission of inquiry.

We need the Bahamian people and international community to have confidence in our police force. Right now, that confidence we all should have has been called into question.

If there is no independent investigation, Bahamians will rightly wonder if there is a cover-up by the current government. This will only lead to a worse situation similar to the fallout from the drug era.

The Bahamas and the world are watching the response of the Davis administration. 

• Dr. Hubert Minnis is the Killarney member of Parliament. He is also the former prime minister and former Free National Movement Leader.

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