What Is The Worst of the Worst?

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NASSAU, BAHAMAS – The sexual assault and tragic death of 12-year-old Adriel Moxey  again sparking the discussion of what is the worst of the worse crime that qualifies for a death penalty case.

The term became a reality for us back in 2011 when the Privy Council overturned the conviction and sentencing of Maxo Tido, who was found guilty of the 2002 murder of 16-year-old Donnell Conover determining the matter wasn’t the worst of the worst. 

Noted defence attorney Christina Galanos says the term is conceptual.

“This worst of the worst concept is very abstract,” she said.

“Statue has made some attempts to define it, to try to make it identifiable, but the problem is at the End of the day the discretion still belongs to the judge.”

Following the Privy Council ruling in 2011, the then government moved to amend the Penal Code to outline what that could look like.

It outlines the murder of a law enforcement officer while executing his duties, the murder of a judicial officer acting in the execution of his duties, and the murder of a person acting on powers given to them by a police officer.

It continues, the murder of a person if they are a witness to a case, the murder of a juror or an murder committed by a person in the course of a robbery, rape, kidnapping, terrorism and any other felony.

In instances like these, the prosecution must first suggest the death penalty is necessary but that hasn’t been happening.

Galanos however suggests the responsibility lies with judges. 

“Even if they suggest it if a defense council such as myself is able to produce a case where John Doe last year was convicted of a murder where a hit was involved and he only got 40 years, the prosecution can suggest it as much as it likes,” Galanos said.