Bahama Journal, Nassau, 3 November 2006

Last Minute Appeal Saves Convict From Flogging

By Candia Dames

An application for leave to appeal was filed on Thursday,saving prisoner Alutus Newbold from a flogging that was expectedto take place any day now.

The application was filed in the Court of Appeal out of time,meaning it was filed after the deadline for appeal had passed.

Nearly a month ago, Justice Jon Isaacssentenced Newbold to 16 years in prison and ordered that he get eight strokes of the rod;four at the beginning of his sentence and four at the end, aftera jury found him guilty of one count each of burglary, attemptedrape and causing harm.

The 34-year-old was given 21 days to appeal, but that expiredon Friday.

Justice Isaacs sentenced Newbold to eight lashes of the rodfor the burglary charge.

At the time, Justice Isaacs told Newbold that the jury hadaccepted the victim's version of what transpired one night ather Cat Island home after she had retired for the evening.

But Justice Isaacs said some beast invaded the elderly woman'shome -- her sanctum where she should have felt safe -- andattempted to ravish her.

Justice Isaacs added that the court found that the victim, whoprevented Newbold from raping her by grabbing his penis andsqueezing so hard her fingernails left scars, ought to have hadstronger fingers.

The judge's decision to order the flogging immediatelysparked debate over the use of the rod.

While some people -- like Attorney General AllysonMaynard-Gibson -- applauded the handing down of the ruling,others called for compassion and the abolishment of corporalpunishment in The Bahamas.

Archbishop Drexel Gomez was among those who recently weighedin on the issue.

"Quite apart from the stated government policy of penalrehabilitation, it is simply unchristian for us to inflict anyform of barbarity upon human beings," said Archbishop Gomez,in his charge at the opening of the 106th session of Synod atChrist Church Cathedral last week.

"Rehabilitation is the compassionate Christian responseto the communal challenge on crime. The traditional secularover-emphasis of punishment has contributed to recidivism and thespiraling increase of violence in our community. We thereforecall on all persons to exercise compassion and mercy even untothose whom we think are undeserving."

He added, "Simply put, our Saviour has warned us, even inthe Garden of Gethsemane, 'Those who live by the sword die bythe sword.' As a community we must strive to eschew violence inour daily lives. We must set examples of Christian love andattempt to control our anger so as to ensure that at all times wemake Christian responses to all situations in which we arechallenged."

The international human rights watchdog, AmnestyInternational, also expressed disappointment over the courtruling.

"What we're asking certainly at this stage is that thissentence not be carried out," said R. E. Barnes, Amnesty'sBahamas representative.

"We believe The Bahamas has to look at this sentence as aviolation of Article 17 of the Constitution of The Bahamas whichdeclares that no person shall be subjected to torture or inhumaneor degrading treatment or punishment."

He said The Bahamas would be in violation of internationalhuman rights laws if it were to administer flogging.

"So we find this a variation of the law here [and it's]something that needs to be looked at very seriously for both itslegality and moral usage," Mr. Barnes said.

Nassau Guardian, 4 November 2006

Stuart stands behind 'cat'

By Jasmin Bonimy
Guardian Staff Reporter

The use of the controversial cat-o'-nine-tails receivedsupport yesterday from the Bahamas Democratic Movement (BDM).

In a press release sent to The Nassau Guardian BDM leaderCassius Stuart said his party fully supports the use of the'cat'.

"After listening to all the arguments against corporalpunishment, one is forced to conclude that many if not all thesearguments are baseless and should be rejected as such," saidMr Stuart. "The cat-o'-nine-tails as a measure of punishmentshould be used in The Bahamas and is supported by the BahamasDemocratic Movement.

"For many years we have been calling for tougherpenalties against criminals in our society who commit heinouscrimes," he continued. "In addition, we have constantlyscolded the PLP administration for being soft on crime. Therecent decision to enforce the cat-o'-nine-tails on sick andsadistic individuals was a victory for the BDM and we support theuse of it." Mr Start added that he believed those who opposethe punishment should not back their claims with religious texts.

"Over the past few weeks many individuals have comeagainst the enforcement of the cat-o'-nine-tails in the name ofreligion," he explained. "Some say as a Christiannation we must show love. Others say we must see Christ in everyindividual, even the criminals, whilst others are saying thistype of punishment is cruel, barbaric and draconian in modernsociety.

"To punish individuals who rightfully deserve it is notfostering violence, it is however, a means of curbingunacceptable behaviour and maintaining a standard of law andorder," he said. "Consequently, the absence of suchstandards breeds a violent and chaotic society."

Meanwhile, the use of the 'cat' was recently thrust into themedia spotlight after the Alutus Newbold of Orange Creek, CatIsland was found guilty of burglary, attempted rape and causingharm, after an attack on an 83-year-old woman in her home in2004. Justice Jon Isaacs ordered that Newbold be given eightstrokes of the rod.

The cat-o'-nine-tails is a type of multi-tailed whippingdevice that originated as an implement for severe physicalpunishment as in the British Royal Navy. According to officials,this severe punishment is reserved for the most "egregiousof cases."

The Bahamas reinstated the cat-o'-nine-tails back in 1991, andother countries in the Caribbean also use the punishment forheinous crimes.

According to reports, Antigua and Barbuda recalled the 'cat'on the bare back in 1990, Barbados in 1993, Trinidad in 1993 andJamaica in 1994, but it was banned again by the Jamaican Court ofAppeal in 1998.