BAHAMAS: MAXO TIDO DEATH SENTENCE OVERTURNED

June 14, 2011: the Privy Council overturned convicted murderer Maxo Tido's death sentence.
The London-based court, the highest recognised by Bahamian law, delivered its judgment today allowing the appeal of Tido's death sentence which was handed down by Supreme Court Justice Anita Allen in March 2006.
Observers considered this a test case, as it was thought the outcome would indicate whether the Privy Council would let any Bahamian death penalty stand.
A jury found Tido guilty of brutally murdering 16-year-old Donnell Conover in 2002.
Tido was convicted and sentenced to death only days after the Privy Council ruled that the mandatory death sentence in The Bahamas is unconstitutional.
During her ruling, Supreme Court Justice Anita Allen said she was satisfied beyond a reasonable doubt the appropriate sentence in this case was death.
The Privy Council's judgment said the approach to sentencing a person to death is two-fold. Firstly, the death sentence must only be given in cases where the facts of the offence are "the most extreme and exceptional - the worst of the worst or "the rarest of the rare."
Secondly, there must be no reasonable prospect of reform, and death would be the only way punishment is achieved.
The judgment said: "Murder is always a heinous crime. But it is clear that a death sentence - the ultimate and final sentence - must be reserved for the wholly exceptional category of cases within this most serious class of the offence."
The Privy Council held that while it was a dreadful crime, Tido's behaviour could not be placed along side the most horrific murders.
The judgment said "this was, in short, an appalling murder but not one which warrants the most condign punishment of death".
The Privy Council decided under the circumstances it was unnecessary to reach a conclusion on the second ground.
In 2009, the Committee for the Prerogative of Mercy decided the law should take its course, as it did not see Tido's case as "an appropriate one for the Prerogative of Mercy to be exercised." The Minister of National Security had advised the Governor General of the decision at that time.
However, the Government also said no further action would be taken pending the outcome of the appeal at the Privy Council.
The matter will be returned to the Bahamian Court of Appeal for sentencing in view of the Council's judgment. (Sources: Tribune242.com, 16/06/2011)