Nassau, BAHAMAS- A lawyer on Thursday questioned the legality of a government-ordered lockdown intended to stop community spread of the coronavirus.
Attorney Ian Cargill argued that the March 17 emergency order that restricts non-essential travel between the hours of 9 p.m. and 5.a.m. is not law because it hadn’t been published in the Gazette.
However, Cargill could not prove his claim yesterday since Government Publications is closed as a result of the order.
Cargill made the preliminary point before Rashad Hunter’s arraignment accusing him of violating the 24-hour curfew that came into effect under a second emergency order on March 24.
Cargill said even though the second emergency order had been published in the Gazette, it was still invalid.
He said, “It’s an amendment; you can’t amend something that’s not law.”
Police arrested Hunter, of Pinewood Gardens, near St. Gregory’s Anglican Church on Carmichael Road at 9:15 p.m. on March 24.
Hunter denied the charge at his arraignment before Deputy Chief Magistrate Andrew Forbes.
Hunter, who is on $1,000 bail, returns to court on October 7 for trial.
Curfew violators could face a maximum prison sentence of 18 month and fines up to $10,000.
20 charged with violating curfew in New Providence
Hunter was among 20 New Providence residents charged with violating the new curfew law yesterday. Fourteen defendants pleaded guilty and were fined various sums not exceeding $500.
Two received absolute discharges; one case was withdrawn and three pleaded not guilty.
Among those charged was a mentally ill man; a woman headed to visit her boyfriend and a man who wanted to buy beer.
Police arrested Renaldo Ferguson on March 25 at 1:30 a.m.
He denied the charge at his arraignment before Chief Magistrate Joyann Ferguson-Pratt.
When the magistrate asked him if he was walking the street in the wee hours of the morning, as alleged by prosecutors, Ferguson said no.
Ferguson claimed that he was in his bed.
His mother told the court that Ferguson was mentally ill. As a result, the prosecutor withdrew the case.
However, the magistrate admonished her to keep closer tabs on her son during the curfew aimed at stopping the spread of the coronavirus pandemic.
Woman didn’t know curfew hours had changed
Police arrested Casha Clarke around 8:45pm on Wulff Road.
She was headed to her boyfriend when police stopped her car on March 24.
Clarke pleaded guilty when she appeared before Deputy Chief Magistrate Andrew Forbes.
Asked if she was aware of the curfew, she said she thought it came into effect at 9pm.
Forbes fined Clarke $500 or three months in prison.
Forbes gave Clarke a short speech on the global impact of the coronavirus.
Then, he admonished her, “I want you to take the order seriously. It’s for the best for yourself and others.”
Police arrested Gerald Smith, of Amos Ferguson Street, on March 24 at 5:35pm.
He told police that he was headed to a liquor store to buy beer.
When the magistrate asked Smith if realised that the order closed liquor stores, Smith said he really left home to buy a root beer soda.
He was also fined $500 or three months in prison.
To date, police have prosecuted 35 persons in New Providence for violating the curfew. Police charged seven alleged curfew violators in Grand Bahamas and 12 in Abaco.
As of March 25, there are nine confirmed cases of the coronavirus in the country.
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