NASSAU- Police have counted a pregnant woman’s fetus among the victims of a human smuggling tragedy, although section 308 of the Penal Code clearly says that a homicide charge can only apply to a child who is born alive.
Nonetheless, on Friday, four men faced 18 counts of manslaughter in connection to the drowning deaths of 17 Haitian migrants after a 33-foot speedboat, Bare Ambition, capsized off New Providence on July 24.
Donald Watson, McKenzie Jerome, also known as Jerome McKenzie, Eulan McKinney, and Wilbens Joseph were not required to enter pleas to the charges against them when they made their initial appearance before Chief Magistrate Joyann Ferguson-Pratt.
Attorney Alex Dorsett pointed out that the charge relating to the death of the fetus was an “impossibility in law.”
The chief magistrate said that she did not consider herself a rubber stamp; however, she suggested that the issue should be argued in the Supreme Court.
Prosecutors say Watson was the captain of the ill fated vessel. McKinney, who was also on the boat, told the migrants where to sit, prosecutors allege.
McKenzie is allegedly the owner of the Bare Ambition, and Joseph is accused of collecting money from the passengers on the boat.
The men were denied bail and will return to court on October 28.
