Tuesday, December 15, 2009

A PROMINENT Bahamian lawyer told to 'Drop lawsuit or forget politics' in The Bahamas

By ALISON LOWE
Tribune Staff Reporter
alowe@tribunemedia.net:


A PROMINENT lawyer elected by the FNM's local association in Pine Ridge Grand Bahama as their preferred candidate to run in the 2007 general election alleges he was told by the party's decision-makers to drop a controversial lawsuit against a foreign developer or see his political aspirations denied.

Fred Smith, QC, senior partner with law firm Callender's and Co. in Freeport, claims in an affidavit filed on December 7 that he was informed by the FNM's Candidates Committee that he would not be endorsed by them for the Pine Ridge seat -- despite having the support of the Pine Ridge Constituency Association -- unless he either pulled out of representing litigants against the Baker's Bay resort development in Guana Cay, Abaco or convinced them to drop their case.

The attorney alleges that financial concerns trumped democracy in the selection of who would run under the FNM banner in the Grand Bahama constituency in 2007, with the committee expressing concern that his continued representation in the Guana Cay case would turn off "powerful financial backers" of the FNM.

Another Grand Bahama attorney, Kwasi Thompson, was officially nominated for the Pine Ridge seat, which he went on to win for the party.

Mr Smith represented the Save Guana Cay Reef Association in a four-year-long legal battle waged against the $500 million Baker's Bay development -- a bid that was recently rejected by the Privy Council.

The Association, which included Bahamians and non-Bahamian residents of Abaco, are against the development on the grounds that locals were not adequately consulted before central government gave approval to the developers of the project, which they considered unsustainable and a threat to the local environment.

The affidavit was filed in connection with the argument over who should pay the legal costs in the unsuccessful appeal to the Privy Council launched by Mr Smith on behalf of the SGCRA seeking to have the initial ruling that gave the development the go-ahead in the face of the SGCRA's concerns overturned.

In the affidavit he stated: "My political aspirations and the wishes of the voters in the Pine Ridge Constituency Association were dashed as a result of this case."

"I was elected by the members of the (Pine Ridge Constituency) Association, prior to the last general election in 2007, to be the FNM candidate for the Pine Ridge Constituency."

"The next stage was for the FNM party candidates' committee to nominate me as the FNM party candidate for the election.

"Despite overwhelming local support I was told at one of the meetings with the committee members that unless I dropped the Guana Cay case, or unless I persuaded my clients to drop the case, I would not be chosen by the committee as the candidate for the next general election."

Mr Smith said that among the reasons give were that the candidates committee believed his "association with the case would deter powerful financial backers (who were involved in real estate, construction, etc) which the FNM party needed support from because this case was considered anti-business and development."

Meanwhile, a further concern noted was that "the country needed foreign investment and the case was seen as being against foreign investment," although Mr Smith goes on to add that his clients "were all fully for foreign investment, but at a steady, proportionate and non environmentally destructive pace in Guana Cay."

"Another issue which they considered militated against choosing me was that I would be labelled as 'Haitian'," added the attorney, whose family -- father a Bahamian and mother of Lebanese descent -- spent many years in Haiti. The father, from an old Bahamian family, established a business in Haiti and lived there for many years before returning home to his Bahamian roots.

Mr Smith said it was suggested by the committee that if he withdrew as the Association's elected potential candidate and settled the Guana Cay case to make room for another person to be chosen instead, he could "consider an offer to be appointed" as an FNM senator.

"I declined to abandon my clients. Consequently I was not selected to be the FNM party's 'Torch Bearer' in the elections," said Mr Smith.

December 15, 2009

tribune242

Monday, December 14, 2009

Opposition Progressive Liberal Party (PLP) "does not support" former police commissioner Reginald Ferguson as director of Financial Intelligence Unit

THE Opposition PLP has announced that it does not support the appointment of former commissioner of police Reginald Ferguson to be director of the Financial Intelligence Unit.

In a party statement, the PLP claimed that Mr Ferguson was criticised in the report of the 2004 Commission of Inquiry into the mv Lorequin when drugs disappeared in a sting operation conducted by the US Drug Enforcement Agency.

“Mr Ferguson,” said the PLP statement, “was also criticised by Senior Justice Jon Isaacs in the case of R v Sean Bruey and Warren Ellis.”

In that case, said the PLP, the judge “accepted the sworn evidence of the witness who said that she was forced to give evidence by Mr Ferguson and that the evidence that she gave under duress was untrue.”

The party claimed that Mr Ferguson was given four separate chances to refute her sworn testimony, but did not.

“The failure to refute her evidence was deemed to be an admission by the Crown of the truth of her sworn evidence. An appeal was filed, but was withdrawn,” the party said.

Because of these incidents, the party did not think that Mr Ferguson should be appointed director of the Financial Intelligence Unit (FIU).

“The FNM through its inept management of financial services, including the ‘stop, review and cancel’ treatment given to the Ministry of Financial Services was in large measure responsible for the lay-offs of scores of young Bahamians from Bank of Butterfield, Ansbacher Trust Company, Royal Bank of Canada, First Caribbean Bank and other banks, trust companies, insurance companies and other financial services institutions,” said the statement.

“The PLP believes that there are many suitably qualified young persons in the Bahamas who are more than able to fill the post of the Director of the FIU. The PLP does not believe that someone aged 63 on pension of 60 per cent of $67,086 together with other benefits received by former commissioners of police ought to prevent young Bahamians from holding that post. The PLP is obliged to remind the public that senior police officers younger than Mr Ferguson were sent home without the offer of any other positions; many of them are still unemployed,” said the party statement.

December 14, 2009

tribune242

Friday, December 11, 2009

Bahamas: Parliament to be prorogued

By KRYSTEL ROLLE ~ Guardian Staff Reporter ~ krystel@nasguard.com:


Prime Minister Hubert Ingraham announced yesterday that Parliament will be prorogued early next year, a move that Opposition Leader Perry Christie said could have "constitutional importance".

However, Ingraham said the government merely wishes to start a "new session with new and additional business" in the House of Assembly.

"We will therefore seek to dispose of the matters that are now on the agenda in January," Ingraham said. "There are several committees of the House that have been appointed for quite some time and I'd like to urge them to complete their reports before the end of January or very shortly thereafter."

This is the first time the Parliament is being prorogued since the Ingraham administration took office in 2007.

"We are mindful that prorogations are major events in the calendar of the House of Assembly in which a government determines to put forth its agenda — given the timing — that will take it into the next general election," Christie said.

"So clearly, it could be an eventful session that we're looking forward to when other constitutional important measures may be taken."

While Christie agreed with Ingraham that the select committees should try to give their reports by the beginning of the new year, he asked the Speaker of the House Alvin Smith to assist the committee heads to get necessary resources so that they can complete their work.

"We all agreed when appointing the committee, it was important work. We cannot frustrate a committee by withholding resources and therefore it is unable to get its work done and it's also for the crime committee as well. They are also important committees in terms of the times in which we live," Christie said.

Both the select committee on crime and the select committee looking into alleged sexual misconduct in public schools have had difficulties finishing their work, according to their respective chairpersons.

Bain and Grants Town MP Bernard Nottage, who chairs the crime committee, said the committee is seeking financial assistance from the government to make trips to Grand Bahama and the Family Islands.

The select committee on crime is mandated to examine the unacceptably high level of crime in The Bahamas, investigate to what extent social conditions have impacted the level of crime; review to what extent public institutions have added to the problem of crime and make recommendations for solutions to the crime problem.

Englerston MP Glenys Hanna-Martin chairs the committee looking into alleged sexual misconduct at public schools.

Concerns about alleged sexual abuse in public schools were heightened earlier this year after an allegation emerged that former Eight Mile Rock High School teacher Andre Birbal, of Trinidad and Tobago, molested a student who has since graduated.

House Speaker Smith agreed to meet with the chairpersons to ascertain exactly what their concerns are.

December 11, 2009

thenassauguardian

Tuesday, December 8, 2009

The Governing Free National Movement (FNM) slams Progressive Liberal Party (PLP) Chairman Bradley Roberts

By CANDIA DAMES ~ Guardian News Editor ~ candia@nasguard.com:



The Free National Movement (FNM) yesterday accused Progressive Liberal Party (PLP) Chairman Bradley Roberts of launching a personal attack on outgoing Commissioner of Police Reginald Ferguson because of a decision by the police force to probe a rape allegation against the former minister several years ago.

"It appears that Bradley Roberts' personal vendetta against Commissioner of Police Reginald Ferguson is related to the decision of the Royal Bahamas Police Force to properly investigate and to forward to the Office of the Attorney General the corroborated criminal complaint of having been raped made against then Cabinet Minister Bradley Roberts by a businesswoman," the FNM said in its statement.

The FNM statement was sent a day after Roberts released a statement in response to an announcement from the Cabinet Office that Ellison Greenslade has been appointed acting commissioner of police as Ferguson is on pre-retirement leave.

In his statement on Sunday, Roberts said the PLP remains disappointed over the initial "political" appointment of Ferguson.

"This was a human example of the FNM's policy of 'stop, cancel and review', in what would have been the most appropriate appointment of Mr. Greenslade," Roberts opined.

"This decision, we feel, contributed to the disintegration of trust on the Royal Bahamas Police Force as well as very regressive crime fighting strategies during one of the most socially chaotic periods in the history of our country."

The PLP chairman said Greenslade is therefore forced to begin his new post at a grave disadvantage with murder and armed robbery statistics higher than any other time in the country.

But the FNM shot back yesterday saying it is unfortunate that Roberts should continuously seek to politicize the Royal Bahamas Police Force and, in particular, the outgoing commissioner. The FNM said Roberts, while commenting on Greenslade's appointment, was unable to resist once again "making nasty personal attacks" on Ferguson.

Responding to the FNM's statement, Roberts said the party is "totally wrong" in its suggestion that he holds personal animosity toward Ferguson.

"The allegation of rape made against me was after all, unequivocally and unconditionally withdrawn by the virtual complainant," he noted.

"I do not for one moment believe that it was my statement on the appointment of Greenslade which caused the ire of Prime Minister Hubert Ingraham and (FNM Chairman) Carl Bethel," Roberts said.

"Rather, it was what I brought to the attention of the Bahamian public regarding a serious matter which was dealt with by a Senior Justice of the Supreme Court which involved Commissioner Ferguson. I am being so viciously attacked because of this matter of national interest which I revealed at a meeting of the PLP Fox Hill Branch..."

Roberts was referring to a ruling handed down months ago that was critical of the commissioner of police.

The Nassau Guardian reported recently that the Office of the Attorney General withdrew its appeal of Senior Supreme Court Justice Jon Isaacs' decision to stay the prosecution of two men accused of a murder that occurred almost 10 years ago.

Police arrested Shawn Saunders and Warren "Spy" Ellis last year and charged them with the murder of Timothy Jansen Henfield — who was killed in a drive-by shooting in 2000 — and conspiring to murder his older brother Marvin Henfield.

The prosecution's decision not to proceed with the appeal is significant as Prime Minister Ingraham had repeatedly said in Parliament that Isaacs' landmark ruling of May 27 would be challenged. Justice Isaacs said the evidence in the case had been "tainted by police misconduct."

Proposed prosecution witness Lorraine Major swore an affidavit alleging that police had pressured and tricked her into giving a statement that implicated both men in the murder. She alleged that Police Commissioner Ferguson (who at the time was acting commissioner) and an ASP Fernander had obtained her statement through coercion.

Roberts claimed that if this ruling had been made against a junior officer he would have been disciplined in accordance with Force Orders.

"COP Ferguson should be treated the same way as every other officer would have been treated; i.e. he should be suspended, interdicted, disciplined and the matter investigated," he said at the Fox Hill meeting. "COP Ferguson should go now without further delay."

Quoting what he said at the meeting, Roberts said the PLP was investigating the filing of a constitutional motion to put the commissioner of police on leave in accordance with Force Orders.

"I wish to make it clear that at no time did I personally attack retired Commissioner Ferguson, outside the realm of his office," the PLP chairman said in his statement yesterday.

"At no time for that matter can it be said that I have gone on a personal attack of the personal character of any politician or high-ranking member of society from the seat of the PLP chairmanship. I have been fierce on issues, fierce yes, on inefficiencies in the performance of duties. And I shall continue to, in a relentless fashion, expose these deficiencies and or corruption wherever they may be hiding, as it relates to the governance of our country.

"But the Bahamian public has my assurance that I will never sink to the level of gutter politics as has been espoused by this communications unit of the Free National Movement."

Roberts informed that his attorneys have advised that a portion of the FNM's statement is clearly libelous and as such his legal team is exploring the option of legal recourse.


December 08, 2009

thenassauguardian

Friday, December 4, 2009

How the Baha Mar project collapsed

PRIME MINISTER Ingraham's expressed doubts on March 5 last year when moving a Resolution in the House of Assembly to authorise the Treasurer to transfer certain lands and buildings to Baha Mar Cable Beach Resorts, was like manna falling from heaven.

It was the excuse Harrah's Entertainment's new owners were looking for to cover the fact that they were manoeuvring behind the scenes to pull out of the $2.6 billion Cable Beach deal, while smiling coyly and announcing to the public that all stations were "go."

At first Opposition leader Perry Christie had agreed with Mr Ingraham's questioning of Harrah's commitment to the deal. "It seems to me," said Mr Christie at the time, "that Harrah's were looking for a way out and they used the speech and the words of the Prime Minister as an excuse, or part excuse for the way out."

However, Mr Christie suddenly changed his tune. Did he realise that if he let Mr Ingraham off the hook, the spotlight of blame would be on him and his government for the inordinate delays in signing the Baha Mar agreement? It didn't take Mr Christie long to rewrite his script. He urged Mr Ingraham to accept the blame and "responsibility" for setting back, "if not killing the proposal." Mr Christie, while admitting that other factors contributed to Harrah's walk out, continued to put full blame on Mr Ingraham's "intemperate language" and injecting the fear that the land conveyances for the project were in doubt. This, said Mr Christie, were the "straws that broke the camel's back."

While accusing fingers were still being pointed at Mr Ingraham, later that year a drama was being played out in a court room in New York, when the deceit of Harrah's new owners was unmasked. It was revealed that three days before signing the Heads of Agreement with the Ingraham government and making a public announcement of its intention to go ahead with the project, Harrah's new owners were plotting to pull out of the deal. This meeting took place in January. Mr Ingraham did not speak in the House until March.

Tribune Business reported allegations that the move to withdraw from the Baha Mar joint venture was directly linked to the takeover of Harrah's by two US private equity giants, Apollo Management and Texas Pacific, which purchased the gaming giant for $27.8 billion, and assumed $10.7 billion in debt, on January 28, 2008 -- three days before the supplemental heads of agreement were signed between Baha Mar and Government. Caesars Bahamas consented to the deal.

In the court case, Baha Mar alleged that Harrah's and its new owners decided to withdraw from the project to aid the former's balance sheet position, but instead of notifying its partners it looked for an excuse to withdraw. This was in January, 2008. Mr Ingraham made his remarks in the House two months later -- March 5, 2008.

And so we are left with the first part of Caesar Bahamas Investment Companies' printed complaint to its intended joint partner -- Baha Mar Joint Venture Holdings -- that "the long delays in reaching agreement with the government and completing the assemblage of the relevant land rights have contributed to considerable doubt about whether the project can be financed at all given the continuously deteriorating debt markets. These delays also raise grave concerns about increased costs and risk and create apprehension about your ability to execute in a timely manner."

Baha Mar was unable to execute in a timely manner because, as Sarkis Izmirlian told prime minister Christie in a letter on January 25, 2006: "You had given me your personal assurance that you would ensure that the Government would move to expeditiously accomplish the above (which Mr Izmirlian listed) by the New Year. Yet this did not happen." And he concluded: "If we cannot achieve the early February timeframe for accomplishing the above, I will have to inform Harrah's and Starwood that, despite my best efforts these past three odd years, the Government of The Commonwealth of the Bahamas has failed me. I certainly do not want to be known as the developer (and I'm certain you don't want to be known as the Prime Minister) that lost Caesars and Starwood. Today, more than before, I need your unambiguous support, Mr Prime Minister." This letter was dated January 26, 2006. Harrah's new owners did not come on the scene until two years later -- January 28, 2008.

As Bahamas Business pointed out, if the supplemental Heads of Agreement had been concluded with the PLP government by March 1, 2007 as they should have been, "the Bahamas, Cable Beach and Baha Mar would not be in the mess they are now in." The deal would have been airtight before Mr Ingraham won the government and Mr Christie would have been assured of his own legacy.

If the contracts had been concluded in March, 2007, "then Harrah's would likely have been locked into the Baha Mar deal and the project would have been well underway." But they were not concluded on time. A year later new buyers were in the picture and had taken over the gambling giant, the global economic situation started to look grim, and what was once a "hot" deal had turned "cold."

A major development project had collapsed, because, according to Mr Izmirlian, the Christie government had not met the promised deadlines, and as a result had lost Caesars and Starwood. The Bahamas was out in the cold, and the jobs that both governments had depended on to keep the economy moving were no more.

December 04, 2009

tribune242

Community Activist Rodney Moncur Wants Prime Minister Hubert Ingraham Booted

By Karissma Robinson:


Workers Party Leader Rodney Moncur is calling for Prime Minister Hubert Ingraham to be swiftly removed from office.

Mr. Moncur said the prime minister is "failing miserably" to carry out the laws of the land and hang all those convicted of murder.

He said the prime minister also failed to pass laws that would prevent murderers from being freed on bail.

"Politicians are playing games with human suffering and the prime minister, in particular, ought to be fired forthwith by the Bahamian people, not only for gross incompetence, but for his negligence in maintaining law and order at a time when too many children go to bed crying in loneliness and fear every night because their fathers and mothers have been murdered," said Mr. Moncur.

The party leader said the country has come to the end of one of the most tragic years in history.

He said the nation has witnessed, over the last twelve months, a continued degradation of law and order. In fact he said that the country is "decomposing like a dead body."

Mr. Moncur added that for five long years not one murderer has been hanged, as prescribed by law.

"The record shows clearly that the convergence of legal argument and legal free judgment, during his term of office, led to many murderers being freed to continue to terrorize out communities," said Mr. Moncur.

The issue of capital punishment, he said, is the law of the land and it should be enforced without reference to who believes in it or who does not believe in it. Mr. Moncur said the nation at large should become very suspicious of its leaders, when they prove that they do not have the guts to change the country’s laws out of fear of a political backlash.

Mr. Moncur said his organization is calling for justice and pointed out that a hanged murderer will be forever deterred from carrying out another act of cruel, inhumane and unusual violence of human life.

The Workers Party, along with family members of murdered victims, will be hosting a pro-hanging march at RM Bailey Park on December 12 to demand that no murderer is granted bail and that all murderers are hanged promptly.

December 2nd, 2009

jonesbahamas

Shane Gibson claims 'vicious attack' on him is imminent

GOLDEN Gates MP Shane Gibson yesterday issued a cryptic warning to his supporters to "brace" themselves for "the most vicious attack" that he claimed is to be imminently carried out against him.

Mr Gibson, who stood to speak during the debate on a resolution to transfer land to the National Insurance Board from the Treasury, said the attack would be the most "vicious ever launched against an MP in this Bahamas."

"I expect next year to be the most challenging year in the history of my representation," said the MP.

Mr Gibson did not explain what he expected to take place as a result of this "attack" or for what reasons.

Speaking with The Tribune after the close of the parliamentary sitting yesterday morning, Mr Gibson said he was not prepared to say more at this time.

"I've said all I want to say right now on that issue. In due time I will reveal more about that."

December 03, 2009

tribune242