Prime Minister Hubert Ingraham's announcement that he planned to remain at the helm of the FNM, and fight the next election was indeed welcome news

Prime Minister Ingraham – we shall carry on
tribune242 editorial


PRIME MINISTER Hubert Ingraham's announcement over the weekend that he planned to remain at the helm of the FNM, and fight the next election was indeed welcome news.

Welcome news because the whole future of this country hangs in the balance and cannot at this point in its development be entrusted to inexperienced leadership.

Instead of jockeying for lofty positions within the party, FNM MP's have a duty to put their personal aspirations aside and concentrate on what the people sent them to parliament for -- and for which they are being paid. They have a duty to protect the interests of their constituents and at the same time to learn the workings of government. This is no job for political neophytes.

It has always baffled us that the only field that requires no special training is that of the politician. And yet it is the politician -- especially the uneducated ones -- who presume to make so many important decisions for a nation. They are usually the ones making the most noise and jumping to their feet talking bombastic nonsense to catch the attention of their grassroots base.

There are reports that there has been much political jostling behind the scenes in both parties about the future of their leaders. Aspirants are upsetting daily business as they campaign for positions. In the PLP Mr Christie has made it clear that he will lead his party in the 2012 election. However, he has left the door ajar suggesting that he might not serve out a full term if elected, but would step aside for his successor. Fortunately, Mr Ingraham has stated his position clearly -- as is his custom -- saying that he will not only carry on, but if elected will take his job to full term. This will leave his party free to concentrate on the people -- if elected -- for another five years past 2012. And this is what the country needs at this critical time in its history -- government without distractions.

As a matter of fact, the PLP seem not to have accepted their 2007 defeat at the polls, but have continued their electioneering almost on a daily basis. With problems more pressing -- jobs, crime, an uncertain future -- Bahamians are growing tired of their pin-pricks.

Why, for example, would Fox Hill MP Fred Mitchell, who had much to say on the Prime Minister's recent visit to China, especially about the Baha Mar deal, go out of his way to try to make the Bahamian people believe that Mr Ingraham had had no meeting with the Chinese Prime Minister while in China?

Mr Mitchell - one MP who knows his way around the web - should have known that on November 1, the same photograph that is published on today's front page with Mr Ingraham and Premier Wen Jiabao shaking hands was also on the web -- and is still on the web. With the photograph is a short article that said that "Chinese Premier Wen Jaibao met with his Bahamian counterpart, Hubert Ingraham on Sunday (Oct. 31)." And the article continued: "Hailing the sound political foundation of their bilateral relations, Wen said China would like to help the Bahamas improve its ability for self-development and deepen cooperation in infrastructure, finance, tourism, agriculture and new energy, among others. The Chinese Premier also called for both sides to step up cultural exchanges and safeguard common interests in addressing climate change and other challenges." There was more to the article of what Mr Ingraham said, but this is sufficient to prove that when Mr Mitchell told the Bahamian people that the two did not meet, he was telling a great big whopper! And to confirm the authenticity of the meeting- if more confirmation is needed - the photo and article were released by China's Xinhua news agency.

Mr Mitchell should remember that when you are caught out in the small ones, no one believes you when you tell the truth on the big ones. And for good measure we suggest that he recall the story of the boy who cried wolf once too often. It's a children's story, the moral of the tale being that what happened to the boy is what "happens to people who lie: even when they tell the truth no one believes them."

It is a little moral tale for children that we suggest every politician should keep in his hip pocket for reference -- especially when he gets carried away on the political podium.

As we were writing this article on Mr Ingraham being the right man with the experience, contacts and so much unfinished business yet to complete for the country that we were pleased he had decided to carry on as party leader, the release arrived in our newsroom about Mr Mitchell's false statement (see front page). It was a temptation that we couldn't resist and so we detoured from our subject and fell for the distraction.

November 16, 2010

tribune242 editorial

Prime Minister Hubert Ingraham says that he intends to once again lead his party - the Free National Movement (FNM) into the next general election...

PM to run again
By CANDIA DAMES
Guardian News Editor
candia@nasguard.com


Says FNM needs more time to complete agenda

Prime Minister Hubert Ingraham revealed yesterday that he intends to once again lead his party into the next general election because the unforseen economic downturn would likely mean an unfinished agenda.

Ingraham made the bombshell announcement at a meet the press event held at the British Colonial Hilton in downtown Nassau.

He is expected to once again go head to head with Progressive Liberal Party Leader Perry Christie, who has said repeatedly that he is preparing the PLP to form the next government of The Bahamas.

Asked whether he intends to stay on as FNM leader and lead the party into the next general election, Ingraham said emphatically, “Yes.”

It triggered thunderous applause from the audience gathered at the event.

Ingraham was also asked why he has decided to seek re-election in what would be a fourth non-consecutive term should he win.

He responded: “Because I think, firstly, the party would like me to carry on. Secondly, there are a number of things that we had hoped to undertake in this our term in office that we have been unable to do largely because of the economic circumstance and conditions.

“Thirdly, it would not be appropriate I think under these circumstances for me with all this headwind, with all the experience I have... to go.

“So I consider it my duty to The Bahamas and to my party to carry out.”

Christie has already indicated that should he become prime minister again he would not serve a full term. But Ingraham said yesterday, “I make no such commitment.”

He added, “I’m not in a position where I’m going to do a deal because others are at my heel and I have to tell them ‘listen, there’s little space here for you’. When it’s time for me to be able to go I’m going to be able to go and the party will select my replacement, but I [don’t] have to make a deal [to say] I’m going to be here for a year or two years.

“No. Others have to do that.”

Yesterday Ingraham brushed off a suggestion that he and Christie are very close.

After saying that they are not, he added, “I saw Mr. Christie at a function for [St. Cecilia MP Cynthia ‘Mother’ Pratt] the other day and he wouldn’t look me in the eye.

“I don’t know why you vex with me, Christie. You are my buddy.”

Asked whether he had informed Christie of his intention to run again, Ingraham said, “You think I need permission from him? I said before, you know, that my actions would speak louder than my words and I said at the installation service for Mother Pratt (who is now an assistant pastor) that those of us who are going to be in Parliament after the next election will miss you. Mr. Christie was there.

“I think Mr. Christie understands that I would be the alternative to him or he would be the alternative to me in the next election. I look forward to it.”

Earlier in his political career, Ingraham had indicated that he would not serve more than two terms as prime minister. But when he returned as leader of the Free National Movement in 2005 after stepping down in 2002, he said he was returning to answer the call of the people.

Prior to the 2007 election, then Prime Minister Christie had vowed to “cremate” Ingraham, but failed in his efforts to do so.

Confirmation that Ingraham intends to stay on as FNM leader has huge implications for members of his party with great political ambition.

Yesterday, Ingraham did not directly respond to a question about his health and energy level, saying only that he had suffered a bout of the flu last week.

11/15/2010

thenassauguardian

Bahamas Blog International

Crime in The Bahamas

A Blight of Pathology and Crime
The Bahama Journal Editorial


By way of both preface and prologue, today we join our voice to all those that today sigh, cry and lament for a nation that is losing its way. The evidence is abundant that very many Bahamians are already lost; some of them bought – lock, stock and barrel – by new slavers.

This time around, the new slavery is one that calls on so very many people to get rich or die trying. The new tyranny calls on people who have disputes to leave no stone turned in their perfervid quest for what they think is justice delivered their way and on the spot.

Compounding the matter at hand is that collective delusion concerning the role the police are supposed to be making in this regard.

Day in and day out we are regaled with one long story after the other from this or that police spokesperson concerning the latest outrage.

To date, all of this has been either warmed over self-congratulation on the part of the police or some of the most wonderful nonsense ever chatted by anyone we know.

We have heard it said that crime is the fever chart of a sick society. As we see it, this statement speaks truth.

It might be very useful for us to analyze crime in The Bahamas as if it was one of our major public health issues.

Crime and social health are intimately connected. The more criminalized the society, the greater the degree of social pathology.

In every country, to a greater or lesser extent, violence blights lives and undermines health. Acknowledging this, in 1996 the 49th World Health Assembly adopted a resolution (WHA49.25) declaring violence a major and growing public health problem across the world.

Of note is the fact that the resolution ended by calling for a plan of action for progress towards a science based public health approach to preventing violence. The World Health Organization defines violence as the intentional use of physical force or power, threatened or actual, against oneself, another person, or a group or community, that either results in, or has a high likelihood of resulting in, injury, death, psychological harm, mal-development, or deprivation.

In just the past six years – coterminous with the so-called war against terror – millions of people have died as a result of violence. Many more have suffered injury.

Of the deaths, tens of thousands were suicides, almost a third were homicides. In addition, tens of thousands of children were slaughtered.

Note well that our own country continues to experience some of the effects of this dread mix of pathology and crime. Here we note that, as crime cascades throughout our archipelago; some of our people are beginning to wonder whether there is truth in the proposition that, the criminal element is large; that it is violent and that, in case after case, they have been able to baffle the police.

Indeed, such has been the insidious flow of this onslaught that, few Bahamians are today any longer outraged when they hear about the newest low to which some criminals can go. Instead, what we do get is some variant on the conclusion that, things such as these are to be expected in these last and evil days.

As we see things -- Such has been the extent to which rape, mayhem, murder and other dastardly crimes against the person and property now pervade public consciousness; few Bahamians take note of the fact that there are –quite literally speaking – murderers, rapists, thieves and other such thugs smack-dab in the midst of the likes of them.

This, in turn, has to do with the fact that, very many of these god-awful crimes sometimes remain unsolved; and as they recede from the public’s agenda of the moment; even more crimes are committed.

Commonsense alone suggests that, some of these crimes might well be the handiwork of some of these ‘successful’ criminals.

And so, like others who now despair, we wonder whether those in charge of the police force are themselves seized of the enormity of this conjecture; particularly as they chat here, there and sometimes seemingly everywhere about zero-tolerance and intelligence-driven policing.

Yet again, we wonder.

Evidently, then, while crime remains one of this nation’s premier public safety issues; it is also a seriously pressing health issue.

As a public health issue, the search for solution requires much more than policing. In addition, we take it as a given that, policing always works best in situations where people are disciplined and therefore self-policed.

You really do not have to be a genius or rocket scientist to figure out that once you have to call in the police, the game is already over.

There is also the real probability that crime persists precisely because we have become collectively delinquent; and that we routinely flout both the law of God and the law of man.

November 16th, 2010

The Bahama Journal Editorial

Bahamas Blog International

Sir Sol Kerzner - Kerzner International Chairman and CEO - has concerns about the terms of the Baha Mar deal

Kerzner concerned about terms of Baha Mar deal
By CANDIA DAMES
Guardian News Editor
candia@nasguard.com


Kerzner International Chairman and CEO Sir Sol Kerzner has concerns about some of the terms of the $2.6 billion Baha Mar deal, Prime Minister Hubert Ingraham said yesterday.

Ingraham told reporters at a meet the press event that he met with Kerzner yesterday morning to discuss those concerns.

“There are some concerns on the part of Kerzner as to the extent to which Baha Mar is getting a deal from The Bahamas that is more favorable to them than Kerzner got,” Ingraham said.

“In 2003 when the government of the day signed an agreement for Kerzner to do its phase three, it agreed that nobody would get a better deal in The Bahamas for any development than Kerzner got.”

He added, “They are concerned about the extent to which they themselves had to pay huge sums of money for property to do their development and Baha Mar was given property at [concessionary] prices. Secondly, they were required to hire 70 percent (Bahamian) workers on their job, and only 30 percent foreigners and we are considering giving Baha Mar these 5,000 to 8,000 Chinese workers.”

Ingraham said Kerzner International officials will get back to the government on the extent to which they have justifiable reasons for their concerns.

“And we will review their concerns and make determinations, but in the meantime it will not interfere with our intention to approve the Baha Mar project by the end of this month,” he said.

Asked whether Kerzner International plans to pursue a phase four of its development, Ingraham said, “The reality is even if they had the money and even if they had the will, the desire, nobody would do a phase four at Atlantis if you’re going to put down on Cable Beach another 2,600 hotel rooms and all the facilities.

“The reality is that there is only one market. Nassau is only just one place and airlift and business and profitability and room rates and the whole host of things (come into play). So it isn’t likely that they are going to do another phase at the moment. That’s not likely.”

Ingraham said Kerzner told him yesterday that there is no truth to rumors that he is considering selling the Atlantis Resort on Paradise Island.

“He said absolutely not,” Ingraham said. “I believe him.”

11/15/2010

thenassauguardian

Bahamas Blog International

Prime Minister Hubert Ingraham confirmed that the Baha Mar project would likely be approved by the government ...

Govt to approve Baha Mar
By BRENT DEAN
Deputy News Editor - The Nassau Guardian
brentldean@nasguard.com


As a result of negotiations between Prime Minister Hubert Ingraham and the Chinese, and subsequent negotiations between the Chinese and Baha Mar, subcontracts to Bahamians in connection with the Baha Mar project will increase from $200 million to $400 million.

“This will be the largest award of contracts to Bahamian contractors on a single project. Contracts will be awarded to large, medium, small-scale and individual contractors. This is in keeping with my government’s commitment to deepening and broadening economic opportunities for all Bahamians,” said Ingraham yesterday at a news conference at the British Colonial Hilton.

Ingraham used the news conference to update the country on his recent visit to China. During the trip, he met with Baha Mar’s partners – China Export-Import Bank (China Eximbank) and China State Construction Engineering Corporation (CSCEC) – about potential changes to the $2.6 billion Cable Beach development.

Before those meetings, Ingraham had expressed concern about several components of the project. These concerns included the resort being built in one phase; Baha Mar needing equity partners; and that under the plan, Bahamians would not work on the hotel core.

Ingraham was not able to win concessions based on all of his concerns. He said there has been no final agreement on the phased entry of rooms at the resort into the marketplace.

However, along with the increase in subcontracted work to local firms, Bahamians will now work on the hotel core, according to Ingraham.

The prime minister also confirmed that he has been advised by Baha Mar and the China Eximbank that Hyatt will invest $40 million into the development. Rosewood Hotels and Resorts and Morgans Hotel Group will invest $10 million each, he added.

CSCEC will invest $150 million into Baha Mar.

One of the early hurdles to approval of the project by the government was the resolution of Baha Mar’s loan payment to Scotiabank. The bank and developer recently settled.

Yesterday Ingraham revealed Scotiabank’s equity stake in the project.

“The Bank of Nova Scotia is leaving in its unpaid balance of its loan to the extent of 12 percent of the project,” he said.

China Eximbank is extending a $2.45 billion loan to the developers.

Baha Mar and its Chinese partners have also agreed to significant training opportunities for Bahamians, Ingraham said.

This will include the establishment of a training and service academy.

“The academy will be permanent, offering ongoing training opportunities for employees and prospective employees,” Ingraham explained.

According to the prime minister, Baha Mar has confirmed that in the 12 to 24 months before the resort’s opening, which is projected for early 2014, high performance individuals would be selected by the hotel operators and placed within their hotel systems throughout the world.

“These individuals will be placed in job shadowing programs, on the job training programs, and hotel specific systems training programs. Baha Mar will also be hiring executive staff and training individuals who will staff the anticipated job fairs and will be conducting employment interviews,” Ingraham said.

During the 12 months before the resort opens, it is projected that the hiring and job fairs would begin at Baha Mar.

“Baha Mar anticipates hiring and training approximately 7,000 employees during this period,” Ingraham said. “It is also expected that a number of the Bahamian construction workers in a variety of trades will be interested in filling ongoing maintenance positions since they will be very familiar with the project’s mechanical, electrical and plumbing infrastructure.”

The training initiative is expected to continue after the resort opens.

The Baha Mar resolution is scheduled to be debated in the House of Assembly on Wednesday and Thursday of this week.

The prime minister confirmed that the project would likely be approved by the government by the end of November. Contracts for Bahamian firms could be issued as early as December, with work beginning in January 2011, Ingraham confirmed.

He added that it is likely to take CSCEC three months to mobilize. Construction on the hotel core could start by the second quarter of 2011, according to the prime minister.

Ingraham did not specify a number, but he said that as a result of the changes to the development, the number of Bahamians employed would increase by thousands.

The Progressive Liberal Party (PLP) issued a response last night to Ingraham’s statements on Baha Mar.

“If the PM's apparent big accomplishment from his trip to China was increasing Bahamian participation in the Baha Mar project from $200 million to $400 million, then he in essence admitted that his recent trip to China was futile, a failure and a waste of public funds,” said the PLP.

Though the $400 million allocation of work to subcontractors is a new component of the deal, the PLP said Bahamian participation “was always substantially greater than $200 million, so the PM broke no new ground on this.”

The opposition party also criticized Ingraham for not having reached agreement to reduce the number of foreign workers helping to build the resort.

“Notwithstanding the PM’s public pronouncement that he did not agree with the large number of work permits required for this project, the numbers he affirmed today remain at a maximum of 8,150 permits over the scope of the project,” said the PLP.

11/15/2010

thenassauguardian

Bahamas Blog International

...we must seriously seek to address the reality that poverty confronts so many Bahamians

Poverty hindering students
By ADRIAN GIBSON
ajbahama@hotmail.com


ALL human beings have certain basic needs--food, shelter, love and affection, respect, trust, knowledge and truth (Abraham Maslow's Hierarchy of Human Needs, 1943).

Without question, if basic needs are not met, schoolchildren are liable to display disruptive behaviour.

For instance, if children come to school hungry or are lacking affection at home, possibly from an absentee or abusive parent, they are more likely to be disruptive in schools and have a series of failed relationships as adults.

Poverty--described by Webster's dictionary as the lack of money and/or material possessions--is a major reason why many Bahamian students are performing so poorly academically.

In the Bahamas, poverty is a serious problem that must be contended with in our public schools, as many students are so poor that they live well below the poverty line. Although several public schools have implemented lunch programmes to feed poor students, many of them are so burdened by problems at home that their grades are often not up to scratch.

I have discovered that many poverty-stricken children come from dysfunctional homes, where their parents are usually unemployed, penniless and are themselves poorly educated. In many cases, students who come from single parent and/or abusive homes are often mentally and financially incapable of handling the responsibility of schooling. In more extreme cases, some children are orphaned and most likely must hold a minimum wage job to fend for themselves and, in some instances, their siblings.

To the casual observer, there are many examples of underprivileged children throughout New Providence--on the sidewalks (sometimes selling fruit, peanuts, phone cards, etc), at the malls and in tourist areas such as Prince George Wharf where these youngsters can usually be seen hustling visitors disembarking cruise ships for a dollar or a quarter. Yes, this is a sad reality in our present-day Bahamas!

At the onset, the disadvantageous impact that poverty has on school performance can be seen as children whose parents are poor are unable to buy school uniforms, books and other paraphernalia, lunch and other amenities, and are thereby placed in an unfavourable position when compared to their more fortunate classmates.

Not having food to eat on a daily basis causes the students to lose interest in school/education, as they are many times pondering ways of satisfying their greatest concern--i.e. attaining a meal--and possibly suffering from severe hunger pains (gas). A hungry, mentally disturbed and improperly clothed student's last interest is school!

Indeed, many countries are plagued by widespread poverty. Although the number of people living below the poverty line is not high in the Bahamas, recent statistics are troubling as they show that nearly 10 per cent of our population live below the poverty line and that one in five persons between the ages of 15 and 24 presently lives in poverty.

Around the world, particularly in impoverished countries such as Bangladesh and Haiti, a large proportion of these populations are illiterate and economically hampered by poverty--e.g. many persons in these countries work in clothing sweatshops for an average of 17 cents per week. Astonishingly, two-thirds of all children in Latin America reportedly leave school before finishing the fifth grade!

In the Bahamas, although a student is only legally allowed to quit school at 16, I have been told that many students, for various reasons, drop out much earlier.

Indeed, I have personally discovered that students affected by poverty lack the motivation to complete their schoolwork, hardly attend school, are anti-social and are sometimes violent.

Also, I've found that these students--who may alienate themselves from their guardians and teachers--are usually ill-prepared for classes, displaying poor language and reading skills and usually suffering from malnutrition.

In a Tribune article published a few years ago, former Deputy Prime Minister and St. Cecilia MP Cynthia "Mother" Pratt claimed that government schools in the Bahamas are becoming too expensive for poor students. According to Mother Pratt, if school costs continued to increase, poor people would not be able to afford a good education for their children.

At that time, she said that although Social Services renders assistance to poor parents by helping them to prepare their children for school, Social Services can only do so much. The former DPM stated that it costs $350 to $400 for each government junior/senior high school student to be re-admitted for a new school year--and she felt that many parents were incapable of this. I concur.

A few months ago, social activist and Workers Party leader Rodney Moncur raised similar concerns as he protested registration fees charged by public schools, arguing that these charges were illegal and further dispossessed already impoverished people.

That said, if Social Services are limited in their capacity to assist, what other avenues, besides the few church-related/faith-based feeding programmes, are available to poor Bahamians seeking help?

Poverty greatly hinders school performance. Unfortunately, the unequal distribution of wealth and resources around the world plays a major role in the illiteracy rate of people across the globe, even in this the 21st century.

Although education is an important facet to living in today's world, in families and/or societies that are stricken by poverty, attaining an education is not a priority since bettering themselves financially and having food to eat is at the centre of their attention.

In the Bahamas, a country where education consumes the lion's share of our annual national budgets, we must seriously seek to address the reality that poverty confronts so many Bahamians.

THE EVER CHANGING ROLE OF TEACHERS

The school is where the transmission of moral and occupational education, discipline and the values necessary for the survival of society are taught.

Frankly, the role of a teacher in today's Bahamas continues to evolve beyond that of a facilitator of social and intellectual needs and the maintenance of records, classroom organization and management conducive to the learning environment.

An educator today serves as teacher, role model, parent, preacher, doctor/caregiver, disciplinarian, motivator, police officer, mediator, guidance counsellor, etcetera.

Quality teachers are agents of change who encourage students to achieve their goals and a sense of autonomy whilst becoming dutiful citizens. Although there are critics (many of whom without the slightest idea of intricacies of teaching), teaching is one of the most toilsome and important jobs today, establishing relationships of trust and understanding and helping to foster the development of positive self-image and decision-making skills; assisting students with the development of their skills, competencies, values and preferences; and helping students to realistically examine their potential abilities and also providing clear, dispassionate interpretation of content/information being presented. Teachers continue to be one of the greatest facilitators of a wholesome community atmosphere that, in these times when criminal activity is becoming the norm, is being threatened.

To use the words of the philosopher Cicero:

"What nobler employment or more valuable to the state, than that of instructing the younger generation?"

November 12, 2010

tribune242

Bahamas Blog International

...Justice Lyons found John Sands, aided by his attorney Leon Smith of Smith, Smith and Co, fraudulently obtained title to a 156-acre tract of land owned by Arawak Homes

Senior Justice 'missed opportunity to fully investigate attorneys accused of misconduct'
By NOELLE NICOLLS
Tribune Staff Reporter
nnicolls@tribunemedia.net

SENIOR Justice John Lyons missed an opportunity to fully investigate attorneys accused of misconduct in the Pinewood debacle by failing to do the necessary follow through, it was claimed.

"It requires more on his behalf than just sending a copy of the ruling," said a senior member of the Bahamas Bar Association.

In a 2003 ruling, Justice Lyons hinted at possible wrong doing on the part of several attorneys and the interested parties, noting "blatant fraud" was at play in attempts to substantiate a certificate of title to land in Pinewood.

Justice Lyons ordered the court to forward its ruling to the Registrar, Bar Association, Attorney General and Director of Public Prosecutions for disciplinary action, contempt action and investigations into possible breaches of the Penal Code.

It is understood that the ethics committee of the Bar Association never received transcripts of the trial.

None of the institutions has acted on the findings of the Supreme Court, according to executives at Arawak Homes.

In his judgment Justice Lyons found John Sands, aided by his attorney Leon Smith of Smith, Smith and Co, fraudulently obtained title to a 156-acre tract of land owned by Arawak Homes.

Mr Smith was later disbarred for an unrelated matter. Recent attempts by Mr Smith to be reinstated resulted in his arrest. A decision is pending with the Bar Council.

Misconduct

Justice Lyons also accused lawyer Derrence Rolle, now a magistrate, and James Thompson, now deceased, of serious misconduct and wasting court time as they represented John Sands and his attorney Mr Smith in the land dispute with Arawak Homes. The sons of Mr Thompson have made several attempts to clear their father's name in the face of unfair "smears."

Many commentators have called Justice Lyons' ruling a clear indictment of the various attorneys. However, some say Justice Lyons was notorious for "making noise" and "shooting from the hip."

"Justice Lyons shoots from the hips. In a lot of cases he castigates people, but when it comes time for him to sign his name on the dotted line for a formal complaint he never did," said a senior attorney.

There have been instances where Justice Lyons took the "proper and required" action, but not in the case of Mr Sands and his band of attorneys, she claimed. Justice Lyons is now retired and living in Australia.

Magistrate Derrence Rolle was appointed to the bench three years after he was criticised by Justice Lyons in his judgment on the Arawak Homes case. The appointment was made by Chief Justice Sir Burton Hall in 2006.

Questions raised about the promotion of Mr Rolle seem to fallen on deaf ears. Government agencies could give no explanation in view of the September 2003 Supreme Court judgment.

"Justice Lyons has to go a step further definitely. That is in law called 'a by the way'. You ought not even quote that as an attorney unless you are saying it has some substance. It is his opinion. If they wanted to deal with it from that aspect they could have, but they did not," said another attorney, familiar with the case.

She pointed to the fact that Magistrate Rolle "is always having his matters appealed when he makes certain rulings."

"He has the (reputation) for the most appeals being overturned. Certainly if they felt he ought not to be there he would have been removed by now," she said.

Just this week, Magistrate Rolle was criticised by the Court of Appeal for exceeding his sentencing powers, and issuing a "manifestly unlawful sentence" in the case of a man charged with burglary and stealing.

"Justice Lyons had his own idiosyncrasies. Some people liked them; some people didn't; some people respected them; some people didn't," said the attorney.

November 13, 2010

tribune242