Anton Bastian

Anton Bastian was found guilty of murder on a joint enterprise basis, aged 19, following a shooting. Despite not pulling the trigger, or knowing that any defendant had a gun, Anton was convicted of murder at trial and was sentenced to 40 years’ imprisonment. Quashing his conviction, over 10 years later, the court found that the case against him had proceeded on the basis of tenuous and flawed evidence. The trial judge had painted an unfair picture of Anton’s role in the offence to the jury, leading the jury to treat Anton as equally culpable as the shooter.

Anton's story

In May 2013, Anton Bastian, who was 19 years old at the time, was part of a group of young men involved in the theft of handbags being carried by two women outside a restaurant in Nassau in The Bahamas. The bags were taken by two men, including Anton, who then fled the scene. Another man in the group, Craig Johnson, became involved in an altercation with a bystander, Mr Kyle Bruner. During the course of that altercation Craig produced a gun and shot Mr Bruner dead. Anton handed himself in to the police the next day, when he became aware he was being sought for questioning.

At trial, the prosecution’s case was that the group of men had a joint plan to rob handbags and therefore must have had a joint plan to use violence to do so, regardless of who pulled the trigger. This case rested on showing that all members of the group were aware that one of the group possessed a gun and were content for him to use it.

The only evidence that Anton had prior knowledge of the gun used in the robbery was a statement made to police officers the day after the shooting. It was alleged that Anton told them it was Craig who had “the gun” and had shot the victim, but Anton denied saying this to the police. Anton told the court that during police interviews a plastic bag had been placed over his head by police officers, and he had been punched, kicked and threatened with death. He also told the court that he had also been placed in a “bloody” body bag. His formal police interview was later excluded due to oppression and police brutality.

Anton and two others, including Craig Johnson, were convicted of murder and armed robbery on 3 November 2015. Anton was sentenced to 40 years’ imprisonment on the charge of murder, and 12 years on the charges of armed robbery.

Appeal to the Privy Council

In 2023, The Death Penalty Project began to assist with Anton’s case, alongside his local Bahamian legal team in appeal in the Privy Council. The team at The Death Penalty Project worked with barristers at No5 Chambers (UK) and Munroe & Associates (The Bahamas) to overturn his conviction for murder.

Conviction for Murder Quashed

In the judgment of the Privy Council, on 11 June 2024, it was found that the trial judge should have dismissed the murder charge as there was insufficient evidence for a reasonable jury to be sure of Anton’s prior knowledge of the gun. The Privy Council found that the evidence relied upon at trial was “…so tenuous as to be incapable of supporting a safe conviction for murder.” The Board ruled that Anton cannot be re-tried for murder a second time, given the weakness of the evidence. Anton’s conviction for armed robbery was substituted for a conviction of robbery.

The Privy Council referred Anton’s case to the Court of Appeal in The Bahamas to determine whether there should be a retrial for manslaughter.

Anton’s legal team wrote to The Director of Public Prosecutions arguing that it was not in the public interest for Anton to be prosecuted. Anton had served his sentence for robbery already. Moreover, given the finding that he did not have knowledge of the gun and the fact, it was unlikely that the prosecution had enough evidence to pursue a manslaughter charge.

The Director of Public Prosecutions confirmed at a hearing before the Court of Appeal on 30 July 2024 that they will not be seeking a retrial for manslaughter in Anton’s case. Anton was released after spending 11 years in prison.

I really appreciate the lawyers that had a part in the case and I’m really happy to know that I can get my life in order and do what’s best for me.