bail

James McPhee’s death can be viewed as a test of public confidence in the Bahamas’ criminal justice system.

Police allege that McPhee was deliberately killed just weeks before he was expected to testify in a robbery case against a man accused of robbing him in 2019. That accused man had been granted bail and court records also indicate allegations that he missed 81 required police check-ins before McPhee’s death.

Those facts alone have left the public asking questions.

Bail is a constitutional right in many circumstances and exists because people charged with crimes are presumed innocent until proven guilty, but bail also depends on trust in the suspect.

The courts trust that an accused person will obey the conditions imposed upon them, attend court, and not interfere with witnesses or commit further offences while awaiting trial.

When those conditions are repeatedly ignored, the public naturally begins to question whether the system designed to protect both the rights of the accused and public safety is indeed functioning.

If allegations that dozens of required police check-ins were missed are accurate, how did that happen?

Were authorities aware and what action was taken after the first missed check-in? What about the tenth or the fiftieth missed check-in?

These go directly to public safety.

McPhee was reportedly expected to be a key witness in the robbery trial.

If witnesses believe cooperating with police and the courts could place their lives in greater danger, fewer people will be willing to testify in future cases.

Justice depends on witnesses, and without them, many prosecutions become significantly difficult.

The robbery case dated back to 2019, years before it was scheduled for trial.

Every delay extends the period during which victims, witnesses, and accused persons remain in limbo. While delays can occur for legitimate reasons, they can also increase risks for everyone involved.

None of these questions diminishes the importance of due process. The accused remains innocent unless proven guilty in a court of law, the police investigation must be allowed to proceed independently; and the courts must determine the facts.

But regardless of how the criminal case unfolds, McPhee’s death has already exposed issues that deserve national attention—bail supervision does not work; high-risk cases are not monitored effectively; witnesses in serious criminal matters do not receive greater protection; and the justice system does not move serious cases to trial quickly.

These are truths that extend far beyond McPhee’s family.

He leaves behind a wife, children, relatives, friends, and employees, and it is a personal tragedy.

His death is also an opportunity for national reflection, because, in the end, justice should be measured by whether the public believes the system can protect those who seek it.

The Opening of the Legal Year 2026 is intended to be a moment of reflection for the Bahamas’ justice system, setting the tone for the administration of justice ahead. But the system is under serious strain.

Anglican Bishop Laish Boyd spoke plainly at church service, questioning inequality in how justice is applied in the Bahamas. “How is it that a black man commits the same crime as a white person, or a rich or well-connected man, and they receive different treatment and different sentences?” he asked.

He went further, calling the delays and bureaucracy in the system “manufactured for convenience, for delay, for spite.”

Watch here as Bishop Laish Boyd scolds the judiciary at the Opening of the Legal Year

His words echoed what many Bahamians already feel, that justice is not being delivered evenly or efficiently.

Click to watch Attorney General Ryan Pinder refute Bishop Laish Boyd’s claims.

One of the most controversial areas is bail, especially in murder cases.

In 2023, 77 people were charged with murder. Of those, 24 were released on bail within the same year. Twelve were already on bail for murder when they were charged again. Two allegedly committed another murder while on bail, and five were later charged with other major crimes.

While bail is a legal right meant to protect the presumption of innocence, repeated violent offenses by those already granted freedom have shaken public confidence in the justice system.

Court outcomes have further fueled public concerns.

• In December, Justice Dale Fitzpatrick directed a jury to acquit two men accused in the 2017 murders of Dennis Moss and third grader Eugene Woodside Jr after prosecutors presented an “anonymous witness,” culminating in ‘no evidence.’
• In another case last year, a father received just five years for sexually assaulting his three-year-old twin daughters. An
• An American businessman caught with 14 guns and more than 1,000 rounds of ammunition avoided prison entirely by paying a $1.4 million fine.

Together, these cases demonstrate that serious crimes are not always met with what appear to be serious consequences.

The crisis is not only about the individual rulings in each case, but it is also about public trust.

When citizens believe that wealth, status, or connections influence outcomes, faith in the rule of law erodes. When dangerous individuals return to the streets through bail or lenient sentencing, public safety is at risk.

The opening of the Legal Year should mark progress. Instead, it reminds us of a system struggling. If justice is to mean the same thing for everyone, reforms must go beyond speeches.

The question now is whether those in charge will confront these failures.

Though FTX Founder Sam Bankman-Fried was unable to get bail in the Bahamas, he secured a hefty $250 million bail in New York, which was described as “the largest-ever pretrial bond.”

When he went to court last week in the Bahamas, a judge feared he could flee the country and denied him bail as he was ordered to jail at the Bahamas Department of Corrections. But when he was extradited to New York, a US judge easily granted him bail, which was surprising considering the billions of dollars lost on his platform and the alleged funneling of money from FTX to his sister company.

The former billionaire previously stated in a media interview that he only had $100,000 left in his bank account after filing bankruptcy on his $32 billion crypto exchange, FTX. So when he was released on a $250 million bond, many were surprised.

What are the terms of Sam Bankman-Fried’s bail?

• Judge Gabriel Gorenstein said Bankman-Fried would be released to his parents’ home in California with “strict” supervision.
• He was released on a ‘recognizance bail’ which means he signed a commitment to return to court on Jan 3, when he will enter his plea of ‘guilty’ or ‘not guilty’ and be arraigned.
• The ‘personal recognizance bond’ is based on Bankman-Fried’s promise with his parents’ promise to pay $250 million if he fails to show up for court.
• His parent’s home, reportedly worth $4 million, was put up as equity, with their signatures along with two other people with “considerable” assets.
• Bankman-Fried wears an electronic monitoring bracelet.
• He must submit to mental health counseling.
• The 30-year-old can only travel within and between the Northern District of California and the Southern and Eastern Districts of New York.
• He can not open any new lines of credit of more than $1,000 while awaiting trial.

Unprecedented

Bankman-Fried did not have to pay any cash, but a simple commitment made him a free man. Typically, defendants on bond are charged 10-15 percent of the bail in cash or must commit to collateral in the full amount of the bond and if he or she fails to show up to court, the pledged collateral is forfeited.

Photo credit: Epoch Times

Former CEO and FTX founder Sam Bankman-Fried will be held in custody as he awaits extradition to the United States.

Magistrate Joyann Ferguson Pratt denied his lawyers’ plea for bail citing the crypto wunderkind is a flight risk and will be held in Bahamian custody until February 8, 2023.

Bankman-Fried’s lawyers argued that he should be released on $250,000 bail while insisting that he needed to regularly take his medications for allergies and depression. However, prosecutors stood their ground and said that bail should not be granted since it goes against the Bahamas’ treaty with the US, which requires defendants to be held, pending extradition proceedings.

The judge obliged and ordered the 30-year-old held until his hearing next year.

This comes after lawyers and prosecutors spent the entire day debating the request for bail.

It is reported his lawyers will fight the extradition order.

On Tuesday afternoon, New York prosecutors announced eight charges against him, which include conspiracy, fraud, money laundering, and political campaign violations.

Bankman-Fried was arrested on Monday evening by Bahamas police at the US government’s request and documents were unsealed today in New York, revealing the charges against the crypto poster boy.

Since the implosion of his exchange, FTX, he has been scrutinized as millions of people seek the billions of dollars invested but purportedly lost on his platform.

US prosecutors said they uncovered that Bankman-Fried was funneling customers’ money to his trading company, Alameda Research, to fund his luxurious life in the Bahamas in an embezzlement scheme.

He faces life in prison if he is convicted.

Friends and family of the woman killed on Sunday night expressed shock after they learnt that she was one of four victims killed by gun violence in the Rock Crusher area.

The sister of Keithra Stubbs who is believed to be in her mid 20’s, said, “They killed my sister.

“Keithra baby, you cut your big sister deep. I will always love you,” Lashanda Collie said.

Stubbs and others were purportedly in the area, engaging in conversation when two gunmen exited a Japanese-style van and fired assault weapons at the group of people that gathered, hitting the four people.

Stubbs was shot and died on the scene, while another individual identified by social media as Andrew Burrows was also shot, and died while in transit to the hospital.

People speculated that Stubbs was a partner of Burrows who was on bail for murder before his death, but Collie shot down the rumours.

“…my sister was an innocent bystander walking through her neighbourhood…”

Another sister, Kaylisa Stubbs screamed, “no” in disbelief when police reported Stubbs’ death. “Yall killed my sister. Yall killed me too.”

Cousin Ryesha Johnson said, “My heart is so heavy. Oh Lord,” while another cousin Debra Bain exclaimed, “My heart can’t take no more.”

A friend identified as Woods Neke said, “It doesn’t feel real. I have an empty feeling in my stomach.”

The violent death of Stubbs and Burrows brought the country’s murder count to 112 for the year.