Bar Council chief says Privy Council still needed
JUAN McCARTNEY
NG Senior Reporter
thenassauguardian
juan@nasguard.com
President of the Bahamas Bar Association Ruth Bowe-Darville has expressed concern over recent calls for the country to move away from the Privy Council as a final court of appeal in the wake of a controversial ruling on how the death penalty should be applied.
Bowe-Darville said Bahamians who suggest abandoning the Privy Council are “treading in very dangerous water.”
“Criminally, it’s one thing. Civilly, when you’re dealing with financial matters and the economic impact of it, litigants who come before our court, they need that assurance that there is some place of last resort that is independent and seen to be independent,” said Bowe-Darville while appearing as a guest on the Star 106.5 FM program “Jeffrey” on Thursday.
“Litigants who come before us with multi-million-dollar cases and they see us as a great financial center, they need the assurance that the Privy Council is there,” she said.
Last week, the Privy Council quashed the death sentence of murder convict Maxo Tido and ruled that the gruesome murder of 16-year-old Donnell Conover in 2002 did not warrant a death sentence.
When police discovered Conover’s body, her skull was crushed and she was badly burned.
But the Privy Council, while recognizing that it was a dreadful and appalling murder, said it did not fall into the category of worst of the worst.
Tido was sentenced more than five years ago.
Prime Minister Hubert Ingraham announced in the House of Assembly on Monday that the government intends to bring a bill to Parliament before the summer recess to deal with “the question of the imposition of the death penalty in The Bahamas”.
The legislation would outline specific categories of murder.
Bowe-Darville said the government has to address the question of the death penalty through legislation, but has to be careful not to offend members of the international community.
“I think the question of the death penalty needs to be addressed. I think the country is torn by it because we’re in the throes of this crime epidemic as people have labeled it,” she said.
“People believe that the sentence of death and the implementing of the sentence is going to solve the problem — rightly or wrongly.
“The debate is wide open. Whether the passage of legislation will resolve the problem is yet to be seen, but we need to address it, not only for our own national or domestic needs, but the addressing of the death penalty issue also has international implications for us. It also has economic implications for us.”
Bowe-Darville said Bahamians must remember that the country is “a small fish in a very big pond.”
“The wider community out there with whom we interact internationally, they’re not for the death penalty and have long not been,” she said.
“We interact with them for trade; we look to them for funding. And so we have to consider those implications as well. [Certainly the prime minister] would have considered our greater good and he would consider our interaction with the wider world as well when the legislation comes forward.”
Jun 25, 2011
thenassauguardian
A political blog about Bahamian politics in The Bahamas, Bahamian Politicans - and the entire Bahamas political lot. Bahamian Blogger Dennis Dames keeps you updated on the political news and views throughout the islands of The Bahamas without fear or favor. Bahamian Politicians and the Bahamian Political Arena: Updates one Post at a time on Bahamas Politics and Bahamas Politicans; and their local, regional and international policies and perspectives.
Showing posts with label Bahamas Bar Association. Show all posts
Showing posts with label Bahamas Bar Association. Show all posts
Sunday, June 26, 2011
Sunday, November 14, 2010
...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
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
Wednesday, September 8, 2010
The Progressive Liberal Party (PLP) should do a memory check
The PLP should do a memory check
tribune242 editorial
WELL FOR Pete's sake look whose talking!
In yesterday's Tribune the PLP criticised the "inept" FNM government for allowing crime to spiral out of control.
The PLP also condemned the FNM for failing to conduct a salary review for judges as is required by the Judges Remuneration and Pensions Act. Have they forgotten the furore created during their administration in 2006 when Justice John Lyons accused the PLP government of causing a constitutional crisis and showing a "manifest disregard for the rule of law" by failing to conduct a review of justices' salaries -- the very same Judges Remuneration and Pensions Act of which they now complain?
At the time of the Lyons' accusation the country could have afforded such a review of salaries. However, in today's economic climate, such a salary review for judges or anyone else in the civil service would put too great a strain on the Public Treasury.
In a controversial ruling in that year, Justice Lyons claimed that the PLP government had deliberately ignored a law designed to protect the constitutional independence of "that body of persons whose task is to protect all persons in the Bahamas against abuses of their constitutional right.
"If this was a deliberate act by the Cabinet (the Christie Cabinet) then -- and there is no dull edge to this -- this must be considered a deliberate attack on the independence of the judiciary. And that, in turn, is an attack on the fundamental constitutional right enjoyed by all persons in this country," said Justice Lyons.
Some angry words were exchanged with Justice Lyons accusing then Attorney General Allyson Maynard Gibson of using her "swift justice" system as a "self-promoting" piece of headline hunting and Mrs Gibson counter attacking from the security of the House of Assembly to pour equal scorn on the judge in denouncing his assertions as "misleading."
The Bahamas Bar Association agreed with the judge that if judges had to rely on the discretion of politicians for salary increases, the impartiality of their judgments could be compromised.
"You are losing half of your judiciary in 12 months," Justice Lyons said in a speech to a financial group. He talked of the backlog of cases, of the length of time accused persons on remand had to wait in prison for a court date, of one judge having to do the work of five -- all the same complaints now facing Attorney General John Delaney, who was appointed to his post on November 25, 2009.
At the time even Court of Appeal President Dame Joan Sawyer sided with Justice Lyons, admitting that she had had "personal experience of the executive trying to manipulate the judiciary."
"When you destroy the public's faith in the independence of the judiciary, to which court do you take your case?" she wanted to know.
And in the Senate, Senator Delaney, criticised then Attorney General Maynard Gibson for using the House to launch her attack on Justice Lyons' integrity.
"While the current crisis may have started with the government failing (twice) in its legal obligations under the Judges Remuneration and Pensions Act, the assailing of the character of a sitting judge is a separate and most egregious act by our Attorney General," said Senator Delaney.
Surely, the PLP who made the statement to the press yesterday are not so ignorant of their own history that they would make themselves look so foolish in pubic print. Or maybe their arrogance is such that they believe that Bahamians, like themselves, also have weak mental recall.
They also criticised the FNM government for allowing crime to spiral out of control, forgetting that crime has no nationality, nor has it any politics. Crime started to spiral out of control in the eighties when drugs took control of this country. And everyone knows under whose administration that occurred when Bahamians were made to believe that wealth, however obtained, was the sign of success, and it was nobody's business "whether I make it or I 'tief it!"
They also complain about not bringing offenders to justice and allowing persons who intimidate witnesses to continue to roam our streets -- the very criticism that we have of our judiciary's generosity with bail.
They talk of the serious criminal cases pending. This accumulation of a backlog didn't start under the FNM. We are particularly concerned about the murder of one of our staff during that administration, a case that could have been brought to a quick conclusion because of the number of eyewitnesses. However, the accused in this case is one of those walking the streets on bail.
As for our assessment of the Bahamian judiciary as a colossal failure, we make no apologies. Nor should anyone assume that this conclusion was aimed solely at our judges. Our lawyers are the largest part of this judicial body. The examination of conscience should start within "the honourable profession."
Attorney General Delaney knows the problems -- an accumulation of years of mismanagement. He has pinpointed the areas in need of reform and started the process. Not only should he be given time, but he should be given the resources and personnel to do the job.
September 07, 2010
tribune242 editorial
tribune242 editorial
WELL FOR Pete's sake look whose talking!
In yesterday's Tribune the PLP criticised the "inept" FNM government for allowing crime to spiral out of control.
The PLP also condemned the FNM for failing to conduct a salary review for judges as is required by the Judges Remuneration and Pensions Act. Have they forgotten the furore created during their administration in 2006 when Justice John Lyons accused the PLP government of causing a constitutional crisis and showing a "manifest disregard for the rule of law" by failing to conduct a review of justices' salaries -- the very same Judges Remuneration and Pensions Act of which they now complain?
At the time of the Lyons' accusation the country could have afforded such a review of salaries. However, in today's economic climate, such a salary review for judges or anyone else in the civil service would put too great a strain on the Public Treasury.
In a controversial ruling in that year, Justice Lyons claimed that the PLP government had deliberately ignored a law designed to protect the constitutional independence of "that body of persons whose task is to protect all persons in the Bahamas against abuses of their constitutional right.
"If this was a deliberate act by the Cabinet (the Christie Cabinet) then -- and there is no dull edge to this -- this must be considered a deliberate attack on the independence of the judiciary. And that, in turn, is an attack on the fundamental constitutional right enjoyed by all persons in this country," said Justice Lyons.
Some angry words were exchanged with Justice Lyons accusing then Attorney General Allyson Maynard Gibson of using her "swift justice" system as a "self-promoting" piece of headline hunting and Mrs Gibson counter attacking from the security of the House of Assembly to pour equal scorn on the judge in denouncing his assertions as "misleading."
The Bahamas Bar Association agreed with the judge that if judges had to rely on the discretion of politicians for salary increases, the impartiality of their judgments could be compromised.
"You are losing half of your judiciary in 12 months," Justice Lyons said in a speech to a financial group. He talked of the backlog of cases, of the length of time accused persons on remand had to wait in prison for a court date, of one judge having to do the work of five -- all the same complaints now facing Attorney General John Delaney, who was appointed to his post on November 25, 2009.
At the time even Court of Appeal President Dame Joan Sawyer sided with Justice Lyons, admitting that she had had "personal experience of the executive trying to manipulate the judiciary."
"When you destroy the public's faith in the independence of the judiciary, to which court do you take your case?" she wanted to know.
And in the Senate, Senator Delaney, criticised then Attorney General Maynard Gibson for using the House to launch her attack on Justice Lyons' integrity.
"While the current crisis may have started with the government failing (twice) in its legal obligations under the Judges Remuneration and Pensions Act, the assailing of the character of a sitting judge is a separate and most egregious act by our Attorney General," said Senator Delaney.
Surely, the PLP who made the statement to the press yesterday are not so ignorant of their own history that they would make themselves look so foolish in pubic print. Or maybe their arrogance is such that they believe that Bahamians, like themselves, also have weak mental recall.
They also criticised the FNM government for allowing crime to spiral out of control, forgetting that crime has no nationality, nor has it any politics. Crime started to spiral out of control in the eighties when drugs took control of this country. And everyone knows under whose administration that occurred when Bahamians were made to believe that wealth, however obtained, was the sign of success, and it was nobody's business "whether I make it or I 'tief it!"
They also complain about not bringing offenders to justice and allowing persons who intimidate witnesses to continue to roam our streets -- the very criticism that we have of our judiciary's generosity with bail.
They talk of the serious criminal cases pending. This accumulation of a backlog didn't start under the FNM. We are particularly concerned about the murder of one of our staff during that administration, a case that could have been brought to a quick conclusion because of the number of eyewitnesses. However, the accused in this case is one of those walking the streets on bail.
As for our assessment of the Bahamian judiciary as a colossal failure, we make no apologies. Nor should anyone assume that this conclusion was aimed solely at our judges. Our lawyers are the largest part of this judicial body. The examination of conscience should start within "the honourable profession."
Attorney General Delaney knows the problems -- an accumulation of years of mismanagement. He has pinpointed the areas in need of reform and started the process. Not only should he be given time, but he should be given the resources and personnel to do the job.
September 07, 2010
tribune242 editorial
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