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.
Monday, November 8, 2010
Those who did the harm to the fine folks currently in disputed occupation on lands owned by Arawak Homes should be brought to justice
By Felix Bethel
jonesbahamas
Regrettably, the Wilson family, Arawak Homes and some of their business associates have become and now stand as objects of scorn and easy vilification by many Bahamians who cling to their misguided views concerning some acreages of land in Pinewood Gardens that clearly belong to Arawak Homes.
This matter begs for a solution that might well be compared with one such that could be made by a modern-day Solomon; such a one that would recognize the views, values and aspirations of those people who were duped, ripped off and otherwise abused by any number of fraudsters.
While we know it for a fact that, Mr. Franklyn R. Wilson, his family and Arawak Homes have what it takes to defend themselves, we would like – for the sake of the record- to tell the public that, we abhor some of the most recent attempts made to demonize this man, his business and his family. For quite some time now, Mr. Wilson, his family and very many of his business associates have been the intended victims of any number of slurs, charges, innuendoes and a host of unfortunate characterizations – which taken together – amount to one of the nastiest cases of collective character assassination in today’s Bahamas.
This latest effort comes on the heels of some of Arawak Homes’ legitimate attempts to take full and free possession of lands that belong to them – as attested and affirmed by the highest courts in our land.
Were we living in a place where good sense and the rule of law happened to be the order of the day, this would have been the end of the matter as far as Arawak Homes and its principals were concerned.
As for the gangsters who duped the poor; those whose duty it is to ferret out and bring to justice such crooks should be given the time, the resources and other materiel needed to bring them all before the courts.
It is incontestably factual that, "Blatant fraud and dishonesty" have left scores of Bahamians without good title to their homes on a 150-acre tract of land near Pinewood Gardens…”
We also know that it is a fact that, some of this fraud’s perpetrators have gone so far as to falsify a Supreme Court judge's order in an apparent bid to cover their tracks.
In addition, we know that, in at least two Supreme Court judgments, we find a classic tale of how a greedy group hiding behind the name Horizon Systems, aided and abetted by unscrupulous attorneys, have exploited poor, unsuspecting Bahamians for their own financial gain.
In this regard, note that, in one of the said judgments –as rendered by former Senior Justice John Lyons on November 7, 2003 – there is evidence galore to show that John Sands, aided by his attorney Leon Smith, of Smith, Smith & Co, fraudulently induced the Supreme Court to issue him a Certificate of Title to the 156-acre tract on November 30, 1990, via a Quieting Titles action.
We also know that, it was precisely this Certificate of Title, which was set aside by the Supreme Court; with such “titles” being of absolutely no value. And for sure, these rulings do show that Arawak Homes has good title to the land; and that the real grievance the homeowners do have is with the fraudsters who sold them land in the first place.
Evidently, those people who used attorneys to conduct title searches are best placed to recover their money; this because they can sue those lawyers for negligence and claim against their professional indemnity insurance. As regards the second judgment, delivered by Supreme Court Justice Hartman Longley, it was found that within a week of obtaining his fraudulent Certificate of Title, John Sands had conveyed the entire 156 acres of land to Horizon Systems for a collective $107,000.
Mr. Leon Smith acted for both seller and purchaser.
This action was in clear breach of a 1991 Supreme Court injunction preventing Mr. John Sands from selling any part of the 156 acres in question. Clearly, then, this means that both Mr. Sands and Horizon Systems were then in blatant contempt of the court.
But as telling happens to be the fact that, Horizon Systems then, according to Justice Longley's ruling, began selling lots to Bahamians, many of whom were relatively poor and lacked the means to pay attorneys to conduct title searches on their behalf.
Here the bottom line is that, Justice Longley had already ruled that Horizon Systems had not and did not acquire any title or interest in the 156 acres as a result of the original fraud; thus the issuance of an injunction against it to prevent it from selling any more lots.
At this juncture, then, there is a crying need for those who continue to bay at the Wilson family to cease and desist; and for those who did the harm to the fine folks currently in disputed occupation on lands owned by Arawak Homes to be brought to justice.
November 9th. 2010
jonesbahamas
Wednesday, June 9, 2010
It's all Prime Minister Ingraham's fault!
THERE ARE those in the PLP who are loath to believe that the necessity for the austerity Budget now under debate in the House of Assembly is the direct result of a world economic collapse - caused by human greed that got out of hand and, following the laws of nature, exploded.
No one heeded the Bible's advise to make certain to keep storehouses full during the seven fat years so that when the seven lean years of famine followed, a people would not perish. The world was giddy with success as the bubble continued to expand. Although there were signs that it could take no more pressure, no one -- except a handful of sceptics -- would concede that it would burst, certainly not as quickly and as dramatically as it did. And so no national leader -- Prime Minister Ingraham included -- was prepared. The Bahamas' continued success depended on the United States, which, to all appearances, was moving ahead with a fair wind in her sails.
The sudden collapse of the unregulated US banks started to bring the house down as every world bank scrambled for safe shelter.
Everyone -- Prime Minister Ingraham included -- had to decide how best to trim the nation's sails and fight to get the ship of state back on even keel.
Although the calamity was slowly creeping up on us, the final collapse came almost overnight as the world's economy started to go down like ten pins in a bowling alley.
Recently Greece crumbled and had to be bailed out by the eurozone countries and the IMF. It was hoped that a short reprieve would give her a chance to catch her financial breath. However, her people, unprepared for such dire news, took to the streets, creating even more confusion. Civil servants were striking in Spain because their salaries had been cut five per cent across the board. Note, although there is a freeze on salaries and promotions in the Bahamas' civil service, no one has lost his job. In other countries, the civil service was the first to be jettisoned.
The fight is now on to save the euro as the United States fears what a European monetary collapse could mean to its own future. No country is exempt from the shock -- except, of course, according to the PLP, Prime Minister Ingraham, whose lack of foresight is the cause of the Bahamas' calamity.
We were particularly surprised to hear St Thomas More MP Frank Smith (PLP) say in the House last week:
"Nowhere in this Budget does the Prime Minister accept any responsibility for having in anyway contributed to the mess in which the country finds itself. This Budget seeks to convince us that everything negative is due to 'global economic forces.' That lack of truth makes the Budget fundamentally dishonest. And, Mr. Speaker, if we are to accomplish any positive goals there is no greater need than for honesty from our Prime Minister."
The reason we are surprised to hear these words from Mr Smith is because his father-in-law, Franklyn Wilson, chairman of the Sunshine Group of Companies, certainly knows what an international economic downturn can mean to a single business in the Bahamas.
After much fanfare and an investment of some $35 million in construction on his company's Cotton Bay resort at Eleuthera, it was on July 22, 2008 that Mr Wilson had to admit that the whole project had been placed in a "holding pattern." The reason: It would be "unwise" at that time to build and open a Bahamas-based hotel due to the "global economic malaise."
In common with multiple other mixed-use resort projects throughout the Bahamas, said Mr Wilson, Cotton Bay had felt the full impact of the US economic downturn, in particular the financial system's credit/liquidity crunch.
This, he said, had made it almost impossible for any remaining purchasers of real estate in these developments to either obtain debt financing for their acquisition, or at the right interest rates.
No one suggested that Mr Wilson had made foolish business decisions to force the "holding pattern." Everyone accepted that it was a situation beyond his control, a situation -- like the present one -- that was off our shores. Maybe, Mr Smith should have a chat with his father-in-law to understand how we are really one big global family, which when one fails in a big way, the others suffer. However, I am told that Mr Wilson was himself heard to be almost repeating word for word what his son-in-law had said in the House. Maybe it would be a good time for him to sit down and have some quiet reflection with himself.
Of course, Mr Smith and his comrades, are blaming it all on what they call Mr Ingraham's "stop, review and cancel" policy of projects that they were dealing with -- but had not completed -- before they were voted out of office. If they had such faith in those projects then they should have seen them through. If they had not been so indecisive, and circumscribed by so many committees and so much talk, when Mr Ingraham took over the administration there would have been nothing for him to stop, review or cancel.
Mr Smith says that each and every day the PLP is preparing itself to bring a change of government. If their five years in power -- and these unfinished contracts, which Mr Ingraham wisely stopped, reviewed and in some cases cancelled -- are indicative of what this country can look forward to, then our advise is that the PLP should step aside. Their five years of poor performance has already been five years too many.
June 09, 2010
tribune242 editorial
Sunday, May 9, 2010
Telecoms 'ripe' for increased taxation says former Chamber of Commerce president Dionisio D'Aguilar
By NEIL HARTNELL
Tribune Business Editor:
Telecommunications is an industry "ripe" for increased taxation, a former Chamber of Commerce president yesterday urging the Government to "come up with innovative ways" to raise revenue by increasing fees on industries that paid "negligible taxes", such as banks/trust companies and the numbers business.
Suggesting that the Government impose a 1-2 per cent tax on making/receiving telephone calls, which is effectively a Bahamian national pasttime, Dionisio D'Aguilar said that if the Ingraham administration sought to raise revenues in its 2010-2011 Budget, it needed to look at fee increases that had the "least effect on the average person in the street".
Urging the Government to "come up with innovative ways to raise additional revenues", Mr D'Aguilar, who is also Superwash's president, told Tribune Business: "There are sectors of our economy that pay negligible taxes. Telecoms, that's a ripe one. Everyone pays a tax on their incoming calls. That's a totally undertaxed sector."
Mr D'Aguilar said such telecoms taxes were already levied in many other countries, and said a 1-2 per cent tax on telephone calls was "negligible to the consumer", especially since many Bahamians treated their cellular phones as a luxury.
Adding that he disagreed with fellow businessman Franklyn Wilson, who yesterday told Tribune Business that legalising gaming would result in net outflows from the Public Treasury, as a result of "gambling breeding poverty" and other adverse social consequences, Mr D'Aguilar said taxing the numbers business would raise millions of dollars per year in government revenue.
"Banks tend to be under-taxed compared to other businesses," he added. "It's a heavily under-taxed industry" compared to the income that Bahamian banks and trust companies generated per annum.
Mr D'Aguilar also pointed out that the Government was "not taxing services one bit", even though this was the sector accounting for the largest amount of economic activity in the Bahamas. He suggested, though, that the Ingraham administration was unlikely to do anything about this in the 2010-2011 Budget, and was likely to save it for a more comprehensive introduction of Value Added Tax (VAT).
"All you're looking at are fees, raising revenues from avenues that have the least effect on the average person in the street," Mr D'Aguilar said of the Government's efforts to plug the fiscal deficit and reduce the national debt.
"Look at the whole fee structure. There's a whole host of fees that are charged, but have not been amended, for four million years.
"They have to look at taxes that are easy to collect. Gasoline taxes are easy to collect because they are paid at the border when the fuel comes in. But property taxes are a nightmare to collect. Increasing property taxes could increase revenue, but not the Government's cash flow. And that's what we need to increase.
"The Government will not be able to get increased taxes from its traditional sources. Import duties are already high enough."
While all Bahamian governments were reluctant to cut spending and reduce the size of government, the former Chamber president suggested that the Ingraham administration now had to seize the moment offered by a public mood that was more prepared for austerity measures, and set the public finances back on track.
Arguing that the Government would find it impossible to accommodate the wishes of the likes of the Nassau Institute, which would like to see departments closed down and employees released, Mr D'Aguilar suggested that the administration "tackle" the generous pensions and benefits civil servants/public sector employees enjoyed.
Emphasising that this did not involve changes to basic salaries, the former Chamber president said: "They've got to get their house back in order. We don't want to go the way of the Greeks.
"The Government needs to look at the generous benefits it gives its employees. Salaries are one thing, but those generous and lucrative defined benefit pension plans for public sector workers and civil servants have to be tackled. That whole issue has to be tackled, as it will come home to roost one day."
May 07, 2010
tribune242
Monday, August 30, 2004
Dr. Rodney Smith Controversy at The College of The Bahamas - COB
The controversy surrounding the new College of The Bahamas president, Dr. Rodney Smith was sparked by the Action Group of the Free National Movement - FNM
College Of The Bahamas Controversy Creates Setbacks
By Candia Dames
Nassau, The Bahamas
30/08/2004
The controversy surrounding the new College of The Bahamas president that was sparked by the Action Group of the Free National Movement is already having a negative impact on some of the institution’s plans, COB Council Chairman Franklyn Wilson admitted Sunday.
Mr. Wilson appeared as a guest on the radio Love 97 programme “Jones and Company”, where he took the opportunity to defend Dr. Rodney Smith and detail some of the plans for the college moving forward.
The Council Chairman also appealed to Bahamians not to politicize the College of The Bahamas. That appeal was triggered by statements from the FNM group, which Mr. Wilson labeled “despicable.”
In its most recent statement on the matter, the Action Group called for the resignation of Dr. Smith.
The pressure group questioned Mr. Wilson as to the reason why Dr. Rodney Smith reportedly changed his to name to Dr. David Smith when he sought employment in Freeport.
He, Chairman of the Council of the College of Bahamas Mr. Franklyn Wilson- needs to state unequivocally who is taking over the college: Is it Dr. Rodney, once employed by the Ministry of Education, or is it Dr. David Smith, who was "briefly" employed by Sunland Lutheran School, Freeport,” the statement read.
It continued, “It is the view of the Action Group that the issue of values involving Dr. Smith speaks to the future of the College of The Bahamas, and ought to have been given the highest priority among policymakers.”
But Mr. Wilson said it is “very, very tragic” that the FNM has seen fit to make such accusations.
“The College of The Bahamas is too important to our national development to complicate it in this way,” he said. “I make that appeal for good reason.
“Before this controversy arose, I had been in personal contact with certain Bahamians who one, happened to be wealthy and two, happened to be known supporters of the opposition party. They had seen the same résumé that you saw…and they were ecstatic. Based on that, I had received certain assurances as to certain financial support for the institution.
“After this controversy arose, they came back to me and said ‘Mr. Wilson let us hold off for the time being.’ So this action has had that type of adverse consequence. It’s not every day that someone who has served as president of a reputable college in America leaves that environment to go back to their home country (a developing country) to lead that country’s primary tertiary institution.”
Mr. Wilson also said the controversy is risking the possibility of COB getting invaluable exposure through newspapers and magazines that write specifically about tertiary level institutions.
“We feel very fortunate to have Dr. Smith,” he said. “The council engaged in a wide ranging review…we did so with remarkable transparency and aggressiveness.”
The show’s host, Wendall Jones, asked whether officials had found anything questionable in Dr. Smith’s records with the Ministry of Education given that the Action Group made the charges it made.
“I’m sure you must have had an opportunity to find out from the Ministry of Education what that possibly is,” Mr. Jones said.
Mr. Wilson responded, “The Minister has said that there is nothing in the Ministry of Education files that cause him to have second thoughts about having ratified and approved the appointment of the Council.
“The only thing in the Ministry of Education files that create any controversy in this context has absolutely nothing to do with what was implied by the Action Group.
Mr. Jones also asked about a case involving Ramapo College in New Jersey that named Dr. Smith as a defendant.
“The fact of the matter is if one wants to sue the Government of The Bahamas you don’t prepare any writ saying you’re suing the Government of The Bahamas, you sue the Attorney General, “ Mr. Wilson pointed out. “Dr. Rodney Smith was named in this action because someone was suing Ramapo College and the particular case involved a matter that was before the college, before his presidency.”
Mr. Wilson also revealed that Minister of Education Alfred Sears asked the Council to make certain inquiries after he was informed by former Prime Minister Hubert Ingraham that certain concerns were being raised about Dr. Smith’s history.
“He thought he would bring this to the attention of the Minister and encourage the Minister to ask the Council to investigate this line of inquiry,” he said. “Now, why do I disclose this at this time? I disclose it because it shows…what is the right way to act on certain matters. I salute Mr. Ingraham for the way he dealt with that.”
Responding to Mr. Jones’ comments that COB’s Council provided a very lucrative package for the new president in attracting him to the institution, Mr. Wilson said Dr. Smith took a salary cut in accepting the top position at COB.
He also pointed to the importance of the residence that has been secured for the president.
“I know no credible world class university that does not provide a residence for its president,” Mr. Wilson said. “It’s like having a governor general with no state house.”
Asked whether COB can afford the Eastern Road residence it is renting from BISX Chairman Ian Fair, as well as the rest of the package Dr. Smith is receiving, Mr. Wilson said, “We cannot afford to do otherwise, it is too important. The College of The Bahamas must be at the centre of the whole development of this country moving forward.
“We have to be about building a whole country, about inspiring a whole people. That requires leadership. That requires the College of The Bahamas doing it right, so we can not afford not to do it the right way.”