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Case Law on Corruption and Bribery in the Bahamas

NCJ Number
174894
Journal
Journal of Financial Crime Volume: 4 Issue: 3 Dated: January 1997 Pages: 269-271
Author(s)
P D Maynard
Date Published
1997
Length
3 pages
Annotation
This paper reviews the case law on corruption and bribery of public officials in the Bahamas, with a focus on the Prevention of Bribery Act (Ch. 81).
Abstract
The single primary case under the Act is Wilbert Moss v. COP Appeal No. 74 (1989). The reason there have been relatively few prosecutions under the Act relates to the difficulties of proof. Evidence is difficult to obtain because the situation typically involves only the giver and receiver of the bribe, both of whom have a vested interest in concealing the transaction. Even in the case of Wilbert Moss, in which the intended receiver did give evidence against the bribe-giver (or his intermediary), the appellant raised a number of technical arguments in his defense, such as whether an agent could be charged and whether the magistrate was a public officer. The legislation could be broadened to ensure that it applies to all judicial officers, including magistrates and judges, and not just public officers. The Tracing and Forfeiture of Proceeds of Drug Trafficking Act (Ch. 86) was subsequently enacted. It institutes broader powers, including imposing confiscation as well as restraint and charging orders, which have been used against the giver or receiver of a bribe in a drug trafficking situation. 2 references