What happens if an inmate is too sick for prison? That’s the issue the Court of Appeal is grappling with after American Ronald Ralph Moorhead Jr appealed his one-year sentence for gun possession.
He received the sentence following a guilty plea on June 21, the day of his arrest.
Police arrested Moorhead after officials at the airport in Marsh Harbour, Abaco found a handgun and five rounds of ammunition in his luggage as he prepared to return to the U.S.
Moorhead is licensed to carry the gun in his home state of Georgia.
The central issue of the appeal is an admission by Corrections Commissioner Doan Cleare that the Bahamas Department of Correctional Services did not have the resources and manpower to treat and manage his medical condition.
Moorhead has a severe case of type 1 diabetes that requires around-the-clock monitoring.
As a result, Moorhead was granted bail pending appeal on June 24 due to his exceptional circumstances.
According to the U.S. State Department’s Human Rights Report, conditions at the country’s only prison “were harsh due to overcrowding, poor sanitation, poor ventilation, and inadequate medical care.”
The prosecution has conceded that it would inhumane to imprison Moorhead, and suggested a fine as an alternative sentence.
Moorhead’s lawyer, Christina Galanos, also suggested a $10,000 fine, the amount of his cash bail.
However, the Court of Appeal panel agreed that a fine is not an option under the Firearms Act.
Galanos then suggested a sentence of three days—the time Moorhead already spent in custody.
Sir Brian Moree asked whether a convicted murderer, rapist, or burglar with the same medical condition should also be exempted from prison.
As the country’s highest local appeal court, all lower courts would be bound to follow the court’s decision.
Consequently, the Court of Appeal has reserved its decision on a case that could have far-reaching implications.
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