Showing posts with label Fred Smith QC. Show all posts
Showing posts with label Fred Smith QC. Show all posts

Tuesday, December 9, 2014

Who Is This Fred Smith, QC Fella?

And Who Is Fred Smith, Qc?



Tribune 242 Editorial:



Fred Smith
Mr. Fred Smith, QC
“WHO IS dis Smith fella…let’s pick him up!” bellowed an angry Loftus Roker in a Side Burns cartoon published in The Tribune on August 21, 1986.

Loftus Roker, then Immigration minister in the Pindling government, was notorious for his Haitian round-ups. In the cartoon, “Cowboy Roker” is drawn with a pistol at his side and a bandolier around his waist. He holds a telephone to his right ear as he shouts the “pick him up orders” while reading a letter from Amnesty International complaining that “Smith say yinna is mistreatin’ Haitians.”

In fact, in Mr Roker’s day, five Immigration officers did “invade” Fred Smith’s law office in Freeport to check on his status.

Recently, Mr Smith, in describing himself, said that he became a Bahamian citizen in 1973, which seemed to confirm the opinion of those who dismissed him as just a “paper Bahamian”. Rather than confirming him as a “paper Bahamian”, it confirmed the ignorance of many Bahamians, who today consider themselves the “true, true Bahamians”, forgetting that each and every one of us came to these islands in different centuries either by boat or by plane. Not one of us is indigenous to the Bahamas. Therefore, there is not one among us — regardless of race – who can claim original ownership of these islands, although a PLP Minister once took leave of his senses and declared from a public platform that “God gave this country to the PLP”.

In fact, if gaining Bahamian citizenship in 1973 is what created a “paper Bahamian”, then we are all “paper Bahamians” because it was in that year that we ceased being citizens of Great Britain and her colonies, and became citizens of the Commonwealth of the Bahamas. This is what Mr Smith meant when he said he became a Bahamian citizen in 1973. In fact, that applies to all of us who claim to have been born in these islands.

On Friday night, a demonstration was arranged on Bay Street, among the demonstrators was a black Bahamian, wearing a white shirt on which was imprinted the image of a Klu Klux clansman carrying a burning cross with the words - BACON-KKK. In our photograph this Bahamian carries a large placard declaring that Fred Smith is a “Haitian Infidel!”

Now let’s examine this Fred Smith, “Haitian infidel”, and discover why he is such a passionate human rights advocate, and why many Bahamians are trying to disown him as fully one of them.

In fact, Fred Smith is more of a Bahamian than any one of us, because on his Bahamian father’s side he can trace his roots to an original Cherokee Indian who was one of the few to survive the Spanish purge after Columbus discovered these islands in 1492. A photograph of his great great grandmother shows a very beautiful Cherokee woman.

Fred Smith’s family has been in the Bahamas at least since 1648 – a year after King Charles 1 of England in the 23rd year of his reign granted to the company of Adventurers for plantation and cultivation the island of Eleuthera and “all the surrounding islands known as the Bahamas”.

Mr Smith’s family arrived in ships filled with Puritans and others seeking religious freedom from England. The indigenous population of Eleuthera was almost entirely decimated in the wake of the Spanish discovery. However, of the few who were left was a man whose last name was Sims — eventually the family added another “m” to turn the name into Simms. This first Sims was Fred Smith’s great, great, great, great, great, great, great grandfather. One hundred and fifty years later, his descendant William Simms had a daughter named Arabella Simms. She was Fred Smith’s great, great grandmother.

As the family grew and spread, they acquired such additional branches to the Simms tree as Smith, Knowles, Cartwright, Deal and Bowe. They were born in various islands, among them Exuma, Long Island, Eleuthera and New Providence.

Fred Smith’s father, born in Nicholls Town, Andros, was Frederick (Freddie) Charles Smith, Freddie’s older brother was Wilfred (Pemmy), who had a crawfish import-export business on Prince George Wharf, and their only sister, Mrs Mary Doris Stevenson, was an accomplished interior decorator, who operated “Interiors”.

Mary Doris’ husband, Carl, operated a venetian blind company in Twynam Avenue.

Among Mr Smith’s cousins still in Nassau are Lester and Leonard Smith. He even has second cousins in the PLP camp – former PLP MPs George and Philip Smith.

Fred Smith’s father, Freddie, operated a mailboat between Nassau and Gonaive Haiti, where he traded with Izaac Richards (Arabic name Ghiscian), and befriended his daughter, Julia Richards. Julia was born in Madaba, Jordan, the Christian capital for Middle East Catholics. Her father was a Bedoin and her mother Armenian. They married.

They had four children — Norma, Gladys, Joyce and after a few years Fred Smith, QC. The four children were born in Port-au-Prince and registered with the British consulate as citizens of Great Britain and her colonies. They became Bahamian citizens — as did all of us — on July 10, 1973. Although they lived in Haiti, they were frequent visitors to their home and family in Nassau.

But at an early age, Fred knew what discrimination and round-ups meant. He was eight years old when his father was summarily put on a plane and deported to The Bahamas by the dictatorial “Papa Doc” Duvalier and his evil Tonton Macoute. The Tonton Macoute was a paramilitary force answerable only to Papa Doc. They were authorised to commit systematic violence and human rights abuses to suppress political opposition. They were created after a failed coup d’état against Papa Doc in 1958.

“I recall us living in terror,” said Fred, “whispering at night clustered around candlelight so that the housekeepers could not hear us, frequent roadblocks during the day. Our home being invaded and torn apart by Tonton Macoutes and the Gendarme. My mother being seized and spirited away and disappearing in some dictatorial prison system where she could not be found for three days.”

He recalls his father hiding his mother and sisters in the mountains, while he and his father were barricaded in his father’s bedroom with “all sorts of shotguns and hunting guns while in the background they were tearing our house apart”.

The family returned to their home in the Bahamas in the 1960s, and established Eddie’s Department Store. Young Fred went to school at St Thomas More, Xavier’s, St Augustine’s and then off to school in England, eventually studying law and being called to the English Bar.

Not only is he a noted lawyer, but he is a fierce human rights activist, who having had his own experience, understands the plight of Haitians being rounded up in The Bahamas.

Mr Smith recognises that this country has a Haitian crisis that has to be solved. But he is determined to see that it is solved with humanity.

And to answer the question: Who is Fred Smith? He is a true Bahamian descended from the original stock, whose family has suffered human rights violations. He is now dedicated to making certain that those abuses are not continued in the Bahamas. He is also determined to see that the rights of Haitians are not abused during the exercise of determining their citizenship. And if abused, he will face the government in court on their behalf. 

December 08, 2014

Wednesday, December 16, 2009

Deputy Prime Minister Brent Symonette responds to Fred Smith's allegations over lawsuit

RESPONDING to allegations made in an affidavit by prominent attorney Fred Smith that FNM officials told him to drop a controversial lawsuit or lose his political dreams, Deputy Prime Minister Brent Symonette said he does not recall Mr Smith's version of the events.

As reported by The Tribune earlier this week, Mr Smith, QC, a senior partner with Callender's and Co in Grand Bahama filed an affidavit on December, 7 which alleges that the FNM's Candidates Committee told him he would not receive their endorsement for the Pine Ridge constituency in the 2007 general election -- unless he dropped lawsuit against a foreign developer.

At the time, Mr Smith represented the litigants against the Baker's Bay resort development in Guana Cay, Abaco.

Said Mr Symonette when contacted by The Tribune for a reaction to the allegations: "If Mr Smith has made those allegations in an affidavit form -- I don't think the party, the FNM party, is a member of the action in court and so we don't have a forum to deal with it. And if that's what he wishes to put in his affidavit -- (it's) a democratic country he can put it there.

"It's not my recollection of what happened but that's obviously his recollection."

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

The lawyer alleges that money outweighed democracy in the selection of the FNM candidate for the Pine Ridge seat in 2007 -- claiming that the committee was worried that his part in the Guana Cay case would offend the FNM's "powerful financial backers."

Ultimately, another Grand Bahama attorney -- Kwasi Thompson -- was officially nominated for the constituency and was elected as MP for the area.

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, Mr Smith 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."

December 16, 2009

tribune242

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