Justice Jon Isaacs slams Ingraham's Gestapo police for behavior in ruling

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<<< Reginald Ferguson, Commissioner of Police.

When they aren’t throwing an MP outta the House of Assembly, you would find citizens dead in their custody. And when they aren’t beating Haitians in the back of the Carmichael Road area and plain robbing persons of their money, they’re hauling a innocent citizen to court because a expat owner of a store has paid them to do so. Something has SERIOUSLY gone wrong deep inside the GESTAPO Royal Bahamas Police Force.

We at Bahamas Press could not avoid this shocking story coming out of the Nassau Guardian on Wednesday of this week. It speaks to the many vicked tactic by the GESTAPO Police in the Bahamas. My word, the RBPF has gone from killing people in jail cells in the country to now tampering evidence before the high court. Perhaps the British should consider reassuming its powers ove the Bahamas again as they are now doing in the Turks and Caicos! We getting worse by the day PEOPLE! [Just a thought people, just a thought on that last point about the British].
By CANDIA DAMES
Guardian News Editor

The Nassau Guardian

candia@nasguard.com
Wednesday, June 3, 2009

Supreme Court Justice Jon Isaacs has characterized as “despicable” the behavior of police in the case of two men accused of a murder that occurred nearly a decade ago, and ordered that the proceedings against them be stayed.

Isaacs said evidence had been produced “which implicates [Sean Saunders and Warren Ellis] being tainted by police misconduct”, and as a result they ought not be called upon to undergo trial.

Referring to police actions in the matter, Isaacs said the court cannot be seen to condone such behavior and must “refuse to countenance behavior that threatens either basic human rights or the rule of law”.

A proposed witness has alleged that the police pressured and tricked her to provide the prosecution with evidence implicating the men in the murder. She alleged that the then Acting Commissioner of Police Reginald Ferguson and an ASP Fernander coerced her and that another statement attributed to her bears a forged signature.

While noting that it is the attorney general’s constitutional duty to prosecute people who may be guilty of offenses in The Bahamas, Justice Isaacs noted that the attorney general ought not pursue a matter where the purported evidence implicating an accused person has been accumulated by questionable means and fraudulent tactics.

“I hold the view that the allegations [of the witness], which presently stand uncontroverted in these proceedings, required a more robust response by [the attorney general] in determining the veracity of [the witness’s claims], certainly more of an effort than what has been disclosed in this case,” Justice Isaacs said.

“It is incumbent upon [the attorney general] to ensure that the process by which cases are brought before the courts is not tainted or flawed and that the evidence supporting a case against a defendant is like Caesar’s wife…beyond reproach. Anything less brings the administration of justice into disrepute and engenders justifiable suspicion and skepticism among the general public.”

Isaacs noted that until 2008 when the statements of the witness in question emerged, there was no evidence adduced through the statements of the prosecution witnesses to implicate either of the applicants. He noted that without the evidence of the witness who alleges she was pressured, the case against Ellis and Saunders appears anemic.
Saunders, also known as Shawn Saunders, was arraigned before Magistrate Carolita Bethell on April 28, 2008 on charges of murder and conspiracy to commit murder. He was re-arraigned before Magistrate Bethell on the same charges but with the addition of co-accused Ellis on May 5, 2008.

Saunders is presently the subject of extradition proceedings but is on bail in that matter. He has contended that the murder-related charges were being used to keep him in custody and that his constitutional rights to personal liberty and to receive a fair trial within a reasonable time were being violated or at least in peril of violation.

Saunders and Ellis, who are represented by attorneys Damian Gomez and Roger Gomez Jr., had asked the court to declare, among other things, that their right to a trial within a reasonable time had been threatened and they had sought an order striking out a Voluntary Bill of Indictment (VBI) the prosecution had secured for the case to proceed, or in the alternative an order staying the VBI.topnat

They contended that a reasonable time has expired since the alleged murder of Timothy Jansen Henfield. Twenty witnesses in the case have reportedly died and the memories of other witnesses have become increasingly unreliable, according to Saunders and Ellis.
The applicants also contended that the prosecuting authorities have lodged in these proceedings documents that have been obtained by coercion or have been dishonestly produced.

In an affidavit, Saunders outlined claims in respect of the female witness, who had been in the witness protection program.

According to the ruling, Terry Archer, an assistant counsel in the Office of the Attorney General, swore an affidavit filed on June 5, 2008 claiming that the witness in question was present when Ellis and his accomplice planned the murder of Henfield; when Ellis and the accomplice were paid for the murder, and when Ellis told the witness’s boyfriend, Monty Thompson, of his involvement in Henfield’s death.

Archer also said in the affidavit that the witness’s car was used when the murder was committed and that her safety was a cause for concern — her boyfriend, Thompson, having been killed in 2007. According to the affidavit, the witness left the state’s witness protection program voluntarily sometime in 2008.

In another affidavit filed on October 1, 2008, Archer mentions an affidavit sworn by the same witness in Ellis’ bail application. In this affidavit, the witness outlines systematic pressure by members of the Royal Bahamas Police Force for her to implicate Ellis, Sean Bruery (another name by which Saunders is known) and others in the killing of Jansen Henfield and the attempted murder of Marvin Henfield.

The witness stated that her reason for signing the statement “was because of the pressure that was put on me by members of the Royal Bahamas Police Force who had compelled me to go with them to the Central Detective Unit (CDU), Thompson Boulevard to give the statement.”

She said that since starting her present job a year ago the police had visited her numerous times “harassing and pressuring me into giving the statement.” She said she thought that had she not done so, they would have continued to harass her and cause her to lose her job.

“I certainly never intended to nor actually went into the police of my own initiative to file a complaint with respect to the death [of] Timothy Jansen Henfield or the alleged conspiracy to kill Marvin Henfied,” the witness stated.

She added that much of what is contained in her statement as having happened was based on suggestions made by the police. She denied being present during any occasion when Ellis and Monty Thompson were paid for a killing.

The witness also stated that she did not sign another police statement attributed to her, nor did she give such a statement.

According to the ruling, the witness went to the Office of the Attorney General with the intention of speaking about her alleged statements, but left after the director of public prosecutions gave instructions for the police to be called to interview her.

Thompson’s affidavit featured prominently in Ellis’ bail application before Justice Stephen Isaacs on November 19 and December 16, 2008. Justice Isaacs granted Ellis bail because he was of the view that the prosecution of the applicants seemed bound to fail.
Saunders and Ellis cited the witness’ recantation and Justice Stephen Isaacs’ observation that the prosecution seemed bound to fail to ground their assault on their continued prosecution. They argued that as the only witness linking them to these offenses alleges she was coerced by the police to make the statements incriminating them, the court should stop the criminal proceedings as an abuse of process.

Justice Jon Isaacs said in his ruling that the failure of the authorities to conduct an expert analysis of the signature the witness alleges was forged could create suspicion that there may be some truth to her assertion.

15 COMMENTS

  1. what the public does not know that the attorney for the Attorney General Office did not reveal to the Learned Judge that a certain sitting Judge who had represented Sean in drug related matters was the judge sean and ellis were applying for bail before. that judge should hav eknown or was reckless in not knowing or remebering that sean was his office client. he used his position to forced the police to reveal the evidence agaisnt the accused persons in which case the police was trying to protect the witness identity until such time as a discloser is made. once the evidence was placed before the judge he then rememeber to recused himself. this is how teh problem arose it was not by the police. teh femal witness came to the police with her story and the police secure her statement. once the evidence came out the female was approached by attorney for sean and ellis and she alledgely gave an affidavit which is the usual practice by defense attorneys. the police just have to now get smarter and video tape these persons who find them selves in situations where they goes for the higest bidder.   

  2. I need a copy of that newspaper as well as am certain it would substantiate charges I levied here against the worse COP the Bahamas has seen.I will tell you something further about Reggie,his wife is related to Major the convicted Drug sealer from Long Island and there is a big fight between them to get land.I believe Major co operated with the Americans and thats why he and his wife got lenient sentences.Reggie is evil and therefore even though I hate foreigners coming into the country and telling us what we already know,I support an independent body being brought in as it might be the only way to rid us of Reggie.He cannot be trusted much to the chagrin of Tommy who recommended him to be COP.Another egg in Tommys face.

  3. @Examiner Examiner where can I get a copy of the Island Dossier? I would like to read the story on Reg,I ment Rev,I ment C.O.P I ment what ever,it does not matter who he is.

  4. BP, I know that this site is rated G, however, this morning as I read the newspaper, I had to throw up. Reggie Ferguson said that it was unfortunate that the Judge made the comments that he made. Mr. Ferguson never addressed what the Judge said about him and Fernander coercing the lady into making the statement and whether her signature was forged. Further, his dumb boss Tommy “Lil Tom” Turnquest said that we ought to support the Police as they are our last line of defence with the criminals. Well this is when I said, “WTF”.

    I believe that Reggie and Fernander choose Policing as a career and I believe that they are paid by the public, that is their job. Come to think anbout it, they are not doing a good job at it either. Reggie should read the “Long Island Dossier” and see what it says about him. ASP Fenander authorized the waterboarding of my Son. They are both crooks and should not be on the Force.

    BP, the COP also indicated that there is no evidence that the 15 year old boy was beaten. Well does he expect for the Officers to tell him? Further, the reason we need an independent investigation is for that very fact. BP we need to get the log of the persons locked up at that station at that time and question them in camara, we also have to find out if they were released or charged. This is very important in light of the fact that the Judge made statements of coercion of a witness by the Police which Reggie has not refuted. BP, I finish throwing up now, but I still am saying, “WTF”.

  5. I wonder if everyone noticed that when things got hot at Parliament Greenslade was called in.Obviously someone read my thread about him being sidelined and decided to bring him out when things were hot hot.Good move as the situation could have escalated.

  6. We want Greenslade,we want Greenslade,we want Greenslade and we want him nooooooooowwwwwwwwwwwww!

  7. If what I am reading is correct God help us. Now I undersdtand why the police is trying enforce the unconstitutional law on gaming in the Bahamas along with the Bahamas Christian Council. What a bunch of hypocrites.

  8. Yes Dibbles thats who is COP and to hold onto power he has sidelined Greenslade and many others as he seemingly thinks he is a dictator.How could any right thinking COP who is 63 yrs recommend to the Govt to retire those 55yrs old?I have searched around and discovered that some of the Officers had direct dealings with this mans sons.And yes he is a Reverend my,my.my.

  9. Here is a recap on the Commissioner of Police who only got the position bcos he is the brother of the FNM chairman:

    (a) his sons have been charged with attempted murder,Rape,Causing grievious (Johnleys son was codefendant),ans Cauasing harm.
    (b) the father who is now COP was condemned by the Lorequinn Commission of enquiry for being inept in collecting kilos of cocaine.
    (c)In 2004 the Chief justice blasted him for incompetence when he was in charge of crime.
    (d) he kidnapped Bahamians and sent them to florida,bypassing the Extradition act.
    (e) he refused to give ex Const marcian Scott protection resulting in his murder by hitmen.

    Thats who is COP and you wonder why things atr unbearable?It did not have to be like this.

  10. My Lord…what the hell is going on in this country ??? This stuff is happening fer real ! They (the Police)also, tried to pull a trick on me….but thank God His Spirit kept telling me something was wrong and I thank God That I had a good lawyer…

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