Showing posts with label House of Assembly Bahamas. Show all posts
Showing posts with label House of Assembly Bahamas. Show all posts

Friday, June 21, 2013

Loretta Butler-Turner Slaps Andre Rollins in the House of Assembly

Young Man's View: The 'Pimp' Slap Heard Around The Archipelago





By ADRIAN GIBSON




...the people’s House of Assembly is becoming a national disgrace. For some reason or the other, a line in Michael Jackson’s song “They don’t care about us” keeps coming to mind, it says “all I wanna say is that they don’t really care about us.” The Bahamian public is losing faith in our so-called leaders and we are tired of the personal politics, tired of the idle vapourings and woeful outpourings of mind-numbing drivel, tired of speeches that lack content and quality, tired of some elected representatives seeking points of order and points of privilege on bizarre grounds and tired of debates degenerating into allegations and aimless blathering. I am tired of certain ineffectual timeservers wasting our time whilst our ship of state flounders!
 
Are we electing village idiots to Parliament these days?
 
Indeed, I was appalled to hear about the fracas in the House of Assembly on Wednesday. Whilst in the precincts of the Parliament—on the House’s adjournment for lunch—Long Island MP Loretta Butler-Turner slapped Fort Charlotte MP Andre Rollins after he made “nasty”, disparaging remarks towards her and she had requested him to remove his arms from around her. She admitted to it. On Wednesday, the House of Assembly must have been like a R-rated version of Girls Gone Wild—Rawson Square style!
 
To be quite honest, the comical side of my mind ran away with me after I initially heard about “slapgate”, as I started to wonder how far she “hauled” back before delivering the slap; was it an open palm slip or backhanded; was the shock overwhelming and was the “taste” also lost in the receiver’s mouth? My mind then recalled a mass Blackberry message that I had received on the way to Long Island’s regatta last week, which spoke about a gang initiation. And, slipping into another spell of rib-tickling thoughts, I wondered whether the slap was a sort of political initiation! Butler-Turner certainly appears to have a lot of cojones.
 
Whilst not funny when put in its true perspective, the “pimp” slap—heard around the archipelago – made me think about the behaviour shown on reality TV series on the Oxygen Network, except that it occurred in our Parliament. Perhaps, Oxygen could still send their cameras and do follow-up interviews with eyewitnesses!
 
Seriously though, Andre Rollins is an agent provocateur (I know first-hand) and there are many who would posit that the brother has a chip on his shoulder, that he got his “t’ings” and that his comeuppance was long overdue. However, the violent display between two of our country’s supposed leaders is unacceptable. Indeed, Mr Rollins had no right to put his hand on Edward Turner’s wife and, even worse, proceed to whisper in her ear. His actions were totally disrespectful, inappropriate and at least we know that if she had hit him harder— and he had lost a tooth—as an orthodontist, he has the ability to rectify the situation!
 
Mrs Butler-Turner’s apology in the House of Assembly on Thursday appears to have been genuine when contrasted to Rollins who told Parliament that he felt “compelled” to apologise to his constituents for any “perceived embarrassment” for his part in the matter. I am your constituent, sir, and nothing is perceived about how disgraceful and embarrassing I found your behaviour—my perception is quite real.
 
As usual, Rollins appears to be disingenuous, searching his mind for the most fitting word/s that only obfuscates and insults the intellectual capacity of the Bahamian people. I accept Mrs Butler-Turner’s explanation when she stated that she is human and fallible, and that the position she was placed in on Wednesday was not a “good one”. The fact that she said that she does not want that to be the kind of representation she wants to present to the people makes her apology unpretentious and acceptable. I hope that she learns from her mistake and that future slaps would be off the table!
 
In total fairness, Loretta Butler-Turner is a Member whose behaviour has frequently come under the microscope, particularly as Speaker Kendal Major has rightly warned her—on repeated occasions—about her conduct in Parliament. I have been told—by fellow parliamentarians—that Mrs Butler-Turner makes some of the most ridiculous utterances that they have ever heard, mostly while seated.
 
However, had this incident occurred in the United States it is likely that Dr. Rollins could’ve been accused and charged with sexual harassment and/or forced to resign. And, relative to Mrs Butler Turner, she perhaps would have had to prove that she acted in self-defence in order to avoid being charged with assault. Having had my own experience with being provoked by Dr Rollins, I truly believe that Mrs Butler-Turner was defending her honour.
 
If the lady repeatedly asked Dr Rollins to remove his hand from her person, there is absolutely no reason why he should not have done so. Immediately! Multiple sources have stated that Mrs Butler-Turner was heard asking Mr Rollins to take his hands off her. By any stretch of the imagination, one would posit that he cannot possibly believe that unwanted physical contact is acceptable—and that fact that she is a woman makes it worse. The fact that Rollins chose not to press charges lends credence to the notion that he boorishly crossed the line. I’ve been reliably informed, by sources close to Butler-Turner, that the inane statements uttered was hardly “sanitised.”
 
If Parliamentarians cannot resolve their issues in an amicable manner, is there any wonder why our society is degenerating and becoming so violent? If these “educated” elected leaders and supposed pacesetters cannot resolve conflicts without behaving boorishly, what is the point of the Urban Renewal project and other so-called “anti-violence” initiatives?
 
Maybe urban renewal should begin in Parliament!
 
When will an Integrity in Public Life Act ever be enacted in the Bahamas? Will the Bahamas ever follow Trinidad and Tobago’s lead and pass such legislation in my lifetime, or will our leaders continue to operate in an environment that is quickly becoming disreputable? In Trinidad and Tobago, such an Act identifies regulations and guidelines for the conduct of persons exercising public functions. The Trinidadian Act further establishes an Integrity Commission, which has an oversight role relative to the ethics and integrity of two classes of public officials—i.e. persons in public life and persons exercising public functions. The Act attempts to promote openness, transparency (anti-corruption) and accountability with the commission serving as its enforcer and watchdog.
 
Politically, Andre Rollins must be wearing ankle weights. He is merely a once overhyped, underachieving politician who has gone bust. At this rate, Andre Rollins is on the treadmill to political oblivion.
 
Frankly, Andre Rollins had a lot of potential but in recent times he has demonstrated that he has no convictions and vacillates in the wind according to expediency. Seemingly, he switches his fundamental beliefs if it suits him. Dr Rollins emerged as an anti-establishment figure—the then chair of the National Development Party—and got people to buy into his so-called “passionate” belief in the Bahamian people and his “hunger” to serve his country. Not long after, he quickly became a nondescript political journeyman who jumped ship, abandoned his political shipmates in his overeager pursuit of power and self-aggrandisement and is today defined by seemingly myopic thinking and belligerent behaviour in the House of Assembly. Frankly, the first-time MP has a political record that seems steeped in self-interested pursuits. It seems that the NDP was used as a vehicle to propel the now-MP to greener political pastures and then the fledgling political outfit was dropped like a hot potato!
 
Honestly, I am disappointed in Dr Rollins and have noticed that he doesn’t seem to have any principles that he’s prepared to defend. How can one respect any politician who doesn’t seem to be prepared to stand—even if it means falling on their swords—but standing because they truly believe in something (and I don’t mean believe until the next best thing comes along)? He is recklessly hotheaded, insufferably pompous and impetuous. Andre Rollins has fallen so far from grace, it’s pathetic! Wasn’t he supposed to be one of the new generation of leaders?
 
Indeed, the once hallowed halls of the House of Assembly—our elected body—is being used by a handful of petulant and thin-skinned politicians to engage in “girlie” fights and dishonourable petty skirmishes rather than a thorough examination of the issues and truly representing their constituents. The Parliament—that is, both the House of Assembly and the Senate—is supposed to be at the vanguard in its display of best practices (debating, civility, etc) and the standards of behaviour expected of these public office holders should be one above and beyond reproach.
 
Why didn’t the FNM’s Parliamentary caucus rally around Butler-Turner in a show of solidarity, decrying what happened—not necessarily in an accusatory manner—but in attempting to demonstrate that such a fiasco is unbecoming of Parliamentarians whilst taking an opportunity to address the concerns of the majority of the electorate—women?
 
The unparliamentary behaviour seen on Wednesday has long been in the making. A few years ago, then St Thomas More MP Frank Smith (now senator)—on the floor of the House—brushed past and seemingly grabbed at former Pineridge MP Kwasi Thompson. That was totally out of order.
 
In 2009, Mangrove Cay and South Andros MP Picewell Forbes’ exclamation at the PLP convention led to the mistrial in the high-profile Travolta case. Mr Forbes’ premature assertion that former MP Pleasant Bridgewater had been acquitted in the John Travolta attempted extortion trial led to joyous singing and gyrating by PLPs and ignited a spark that has set the justice system, or at least the five-week long Travolta attempted extortion trial, ablaze.
 
Then Senior Justice (now Court of Appeal President) Anita Allen rightly decided to declare a mistrial, telling the jury:
 
“We are very concerned, in the interest of justice, that it does not appear that there has been a communication from the jury room. Justice must not only be done, but seen to be done.”
 
“I am very very reluctant to discharge you but in the interest of justice, having heard the views of counsel, we are concerned. It leaves the impression that there may have been a communication from the jury room,” she said.
 
On the convention floor, Mr Forbes exclaimed:
 
“Pleasant is a free woman PLPs! Pleasant is a free woman PLPs! God is good PLPs! Pleasant is a free woman! God still reigns PLPs!”
 
When the Mangrove Cay and South Andros MP made his proclamation, there was a wild outburst as the crowd chanted “PLP all the way.” This episode made international headlines. Mr Forbes’ remark was a terrible miscalculation and can only be summed up as the crudest form of political gamesmanship (something Dr Rollins should be very familiar with).
 
In 2006, (then PLP MP for Kennedy) Kenyatta Gibson and former Mount Moriah MP Keod Smith were combatants in the infamous Cabinet Room brawl. After the melee, it was claimed that two windows were smashed and the glass table top of the large mahogany table in the cabinet room was shattered. The difference between Andre Rollins and Kenyatta Gibson is that Kenyatta “unreservedly” apologised and sought forgiveness for conduct that even he referred to as regrettable and unacceptable. I have heard no such thing from Rollins.
 
Back then, PM Christie then told the Bahamian public that the fight was “more apparent than real”. We’re certain that Wednesday’s squabble was very real. At that time, Mr Christie claimed that he and the skirmishing MP’s had met and “laughed together” at the media’s coverage of the incident. Jokingly, PM Christie said he hadn’t seen “any bruises or bite marks” on either man. I hope that he didn’t meet and “laugh together” with Andre Rollins this time! Moreover, dissimilar to the 2006 incident when he didn’t see “any bruises or bite marks”, one would posit that if he inspects Rollins, he would perhaps find “five fingers”— likely imprinted upon his cheek—and not courtesy of Bahama Hand Prints either!
 
All jokes aside, I believe that the Speaker can and should ensure an even stricter enforcement of civil decorum in the House. Frankly, we should follow the example set by Australia and seek to impose fines on MPs who display disruptive and unparliamentary behaviour. Moreover, the Speaker should move to suspend those MPs who engage in threatening or reprehensible verbal diatribes, formally condemn and reprimand a Member by addressing that Member by name as opposed to constituency (naming), by ordering the withdrawal of a Member from the House of Assembly for that sitting day, by sanctioning an MP so that they are unable to speak for the duration of a period and/or by allowing the House itself to take disciplinary action against a Member.
 
Gone are the days of brilliant parliamentarians like Paul Adderley and Sir Orville Turnquest who understood how to use colourful language to make a point, who understood the brilliance in coolly and effectively using the English language!
 
Rather than wasting time, MPs need to do the work of the Bahamian people and, as the 18 month mark of the current Parliamentary session approaches, seek to disclose their finances and investments as is annually required by law. Parliament is not the setting for anyone to behave like a flu-ridden orangutan in a china shop. Mr Speaker—as long as you’re fair—continue to use your extensive parliamentary powers to enforce the rules of debate and best parliamentary practices, so that there can be an orderly conduct of the people’s business!
 
It is my belief that most intelligent Bahamians are supporters of democracy and open debate, but are anti-idiocy—particularly, the idiocy that masquerades as common sense.
 
Christie has to give Andre Rollins a swift kick in his political hide! Quite frankly, the PM should ask for Andre Rollins’ immediate resignation from the Gaming Board and the House of Assembly. Dr Rollins has behaved like a loose cannon since he entered the hallowed halls of Parliament, uttering his “100% heterosexual line”, overtly criticising his leader and party policy (gambling referendum) and now engaging in brouhaha with Loretta Butler-Turner!
 
I was glad to see that, at least this time Mr Christie didn’t say he was “unaware” or “didn’t know.”
 
PM Christie has in the past promised accountability, transparency and a strict adherence to his much-hyped Code of Ethics. I believe that he means well and, moreover, he now has an opportunity to “put his money where his mouth is” and fulfil all those proclamations made eons ago.
 
June 20, 2013
 
 
 

Wednesday, October 19, 2011

Branville McCartney's Contribution to the Government’s Package of Crime Bills - Tuesday October 18, 2011 - House of Assembly - The Bahamas

Contribution by

The Honourable W. A. Branville McCartney,

M.P. for Bamboo Town

Leader, Democratic National Alliance

At

The Honorable House of Assembly

On Government’s Package of Crime Bills

Tuesday, October 18, 2011


Mr. Speaker, I am indeed humble to stand before you today on behalf of the good constituents of Bamboo Town.

Mr. Speaker, the past 4½ years have been quite interesting regarding the representation of Bamboo Town. I have had the great honour of meeting many persons, young and old and have made lifetime friendships. Many programs were developed from day one, such as the “Precious Jewels” senior citizens program, the youth program, after-school homework center, adult computer classes, Thy Brothers Keeper program and free legal clinics were offered. Community meetings were held especially when there were pressing national issues, such as the BTC sale.

It is truly amazing the attention Bamboo Town has gotten recently.

The Member for North Abaco said last week that Bamboo Town is his “tings.”

That he is coming to get his “tings.”

It was said that Bamboo Town would be a “test case.”

It was further said that persons running in Bamboo Town are in a certain league and not in the league of the Member for North Abaco and Farm Road.

Indeed, the Member for North Abaco said that if the FNM is not successful in Bamboo Town, his most worthy opponent the official leader of the Opposition Party, the PLP, will be successful and the Member for North Abaco seems very satisfied and content with that.

What is most striking to me, however, is the fact that the Member for North Abaco, a few days before the commencement of this debate said he does not want Bamboo Town to be eliminated as a constituency by the Constituencies Commission. Of note, the Member for North Abaco said that if the Constituencies Commission comes back and report that they have eliminated the constituency of Bamboo Town, he would not accept it! The good member just informed Parliament on the formation of the Constituencies Commission and made such a comment, declaration, command before the Commission meets—that he, the PM, would not accept a particular decision if made by them. With regard Sir, the Member for North Abaco is wrong, wrong, wrong!! AND out of order! The member assertion is unconstitutional! It goes contrary to Article 69 and Article 70 of the Constitution.

For the record, in May of this year when the Member of Parliament for North Abaco and his cabinet came to Bamboo Town to apologize for sending me, it was stated, Bamboo Town was FNM. At that time, I told the good Member, if Bamboo Town is FNM, I challenge him to run against me—leader against leader. I subsequently said that if Bamboo Town is eliminated, as the leader of the DNA, I could determine which constituency to contest and that the North Abaco constituency has not been ratified as yet by the DNA.

A Crisis of Leadership and Survival Mode

Mr. Speaker, at this very moment The Bahamas and the majority of Bahamian people are in survival mode. They have given up on the government of The Bahamas to fulfill its primary obligation to them, which is to look out for their security and welfare and provide them with the means and opportunities by which they can be first class citizens in their own country. As a result of the failure of successive governments to fulfill its primary obligation to the people, many have now resorted, by whatever means necessary, to taking care of “their own” safety and welfare needs; what we are now experiencing is the ensuing chaos.

You see Mr. Speaker, no matter how some may feel about the flaws and failings of leadership during the late 70s and 80s, many still have an unwavering respect and appreciation for that era of leadership, because their perception is that the leadership was working tirelessly as a voice of the people to champion Bahamian right—rights that have us, as a people, now enjoying majority rule and independence. And even though there are those who, in looking at the root cause of our present state of societal affairs, say that what we see today fed off of and grew from “the rampant drug trafficking and “gangsterism,” which ran wild in the 70s and 80s,” there are those who also credit that era with producing a kind of leadership that was visionary enough to architect and begin the process and promise of Bahamian ownership. If one were to read Sir Lynden’s letters and speeches in his text, The Vision of Sir Lynden, one would gain a greater appreciation of Sir Lynden, the visionary, and see how his vision for The Bahamas, if enacted, would probably have us listed as a developing nation, like Barbados, our neighbor to the south, or by now, a developed nation.

However, the reality is that that era did produce a crisis in leadership and there were those who felt the leader had to go. Visionary or not, Sir Lynden, because of his perceived misgivings, was deemed no longer suitable or credible enough to govern. For some, he was a national embarrassment and, as such, ill-suited to be a role model. According to some sitting right here in the House today, he had to go, Mr. Speaker. I think North Abaco made his position on this matter and Sir Lynden quite clear in his ranting in the House last week.

But since that era, Mr. Speaker, both the members from North Abaco and Farm Road have been given the opportunity by the Bahamian people to reverse the plague of rampant materialism that North Abaco said in his national address has “laid waste to our long-held values and positive social morals.” And for almost 20 years, we as a people have placed our lives in their hands, because they told us that we could trust that they had a vision to get us back on course to the promise that majority rule and independence held for us—ownership and a first world status.

And despite all the speechifying by both in the past 20 years, uncontrolled national debt, out of control violence and crime, a dysfunctional educational system, excessive land and property asset give-away, record unemployment, mounting poverty, a decrepit health system, rampant materialism and did I say out of control violence and crime?—all illustrate to Bahamian people that history is now repeating itself. We are once again having a crisis in meaningful leadership and as a result, we are now reaping another bad harvest.

Mr. Speaker, our purpose here today and for the rest of the week is to discuss the proposed changes to a package of Crime Bills, hoping to enact them as to get our out of control people under control and back in line. As leaders, we distract attention from our own inabilities, inattentiveness, incompetence and lack of self-discipline by blaming the criminal offenders for all of our societal woes.

Now, Mr. Speaker, as many of you know, I for one am a believer that if someone breaks the law, then justice must ensue. So, I hope that what I will say is not misconstrued as me taking a soft stance on the administration of justice for violent and criminal acts, or any act, as a matter of fact, that is in contravention of our stated laws. In no way am I implying that at all.

What I am implying, however, is that we cannot sit back in righteous indignation and simply blame the criminals and the criminally minded, the delinquents and the dejected for our state of affairs without taking into consideration, first, the role that we play as national leaders and public figures in the destruction that we now see in our society.

Right now, Mr. Speaker, as we debate this issue of crime and criminality, the member for North Abaco may himself have failed to comply with certain laws under the Public Disclosure Act. In a public statement sometime last year, the Member said he has not disclosed his assets, as required by law, since 2007. Mr. Speaker, I think you are well aware that for Ministers of the Government, failure to publicly disclose their and their immediate family’s assets, interests and income is an offense punishable by a $10,000 fine, up to two years in jail or both. Additionally, the MP can have his property forfeited to the crown. In making his statement last year, the Member said he was “too busy” to come into compliance with the law at the time. You see, Sir, we have persons who flaunt non-compliance in people’s face, while creating laws that do not apply to them to punish everyone else. But, these young people, who see what’s going on, Mr. Speaker, develop the mentality that if these officials can get away with non-compliance, then why can’t they. They do not know that justice does not work the same way for them until it is too late. They do not understand that the same law that some are above is the same law that will come crashing down on them. In survival mode, however, Mr. Speaker, most do not care anymore.

The average Bahamian sees government officials getting rich while they get poorer; they see foreigners coming to The Bahamas, prospering, while they struggle to live above the poverty line with many not making it. Everyone seems to be making a living off of them, but they have no one who can provide them with ways and opportunities to make a meaningful living for themselves—outside of those that have been in place for almost half a century. Barely able to make ends meet, a number of people have this perception that government has “stop checking” for them.

They feel as if the promise of Bahamians as owners and builders of their own land and destinies—a promise started with Sir Lynden and majority rule and independence—has been lost with North Abaco and Farm Road, and that “everything for Bahamian people are backing up.” Ask the average Bahamian on the street Mr Speaker if they see any real solution to this violent crime epidemic and almost all will tell you, No! They say that unless government “check for the people again, crime is not going to go anywhere no matter what the government does.” What pessimism coming from our people, Mr. Speaker.

But their pessimism, I guess Mr. Speaker, is tied to the words of one writer who says, when [people] are stuck in survival mode, [Their hearts are] not open. [Their] rational mind is disengaged. Making clear choices and recognizing the consequences of those choices is unfeasible. [They] are focused on short-term survival, not the long-term consequences of [their] beliefs and choices,” and as a result, “it is almost impossible to cultivate positive attitudes and beliefs,” particularly in the periods of leadership crisis.

I now turn to examine the Proposed Bills:

The Penal Code (Amendment) Bill, 2011

1. This Bill is long overdue. From 2006 when the Privy Council set aside the mandatory sentence of death for murder there was a need for this legislation. In 2008 in the Court of Appeal case of Maxo Tido v Regina, Dame Joan Sawyer the then President of the Court of Appeal in the judgment of the Court pointed to the need for legislation. The Bar Council called for legislation from 2006 and continued that call up to today.

2. The major error that is made is that the framers of the amendments fail to appreciate that, right now, the sentence of life imprisonment presently means imprisonment for the rest of the life of the convict. It is the Advisory Committee on the Prerogative of Mercy (ACPM) that advise persons who have been sentenced to life to be released early. The Minister of National Security, the Attorney General and at least three government appointees chair this Committee. Life presently means natural life. This was the ruling of the Court of Appeal in the case of Forrester Bowe on his re-sentencing.

3. The Bill does not do away with the ACPM’s ability to release persons early and so is really a game by defining life in the exact same way it is now defined. If they wanted you not to be able to be released there would have to be a section like the new section 33A in the Dangerous Drugs (Amendment) Bill to rule out the ability of the ACPM to release someone early. That is not included in the Bill and so persons will still be able to be released. If they want to mean what they say they need to say that you cannot be release by the ACPM.

4. This position of someone being sentenced to prison for the rest of their life where, at the time of sentencing it is known that they will not be released is actually contrary to the death penalty jurisprudence. Contrary to what the Member for Cat Island says in his contribution, it is recognized that if someone is so bad and/or their offence is so bad that they ought to never be released from prison and this convict should be sentenced to death. This is the actual definition of someone who should be sentenced to death. There should be, therefore, only two classes of persons: 1) persons who are sentenced to death and 2) persons who are sentenced to a sentence that will result in their eventually being released from prison.

5. In the categories of persons whose murder makes you death eligible does not include the representatives of parties in civil cases or defence counsel in criminal matters whose murder is motivated by their representation. This is not consistent.

6. In the categories of death eligible murders the bill does not seek to define what will be considered to be a murder committed “in the course of or furtherance of” one of the named offences. There have been a number of cases in Caribbean jurisdictions where there have been difficulties in making the determination.

7. The sadistic murder of a child for sexual gratification where no other felony is committed (Bowe and Davis v R-Privy Council para 21); is not included.

8. A planned cold-blooded killing (see Tido v R-Privy Council para 36); is not included.

9. A killing accompanied by unusual violence more than is required to accomplish the killing (see Tido v R-Privy Council para 36); is not included.

It also does not cover some categories of murder that it appears from anecdotal evidence the public considers to be amongst the worse of the worse even when public opinion is stripped of it subjective elements, i.e.:

a). The deliberate killing of a child whether planned or unplanned;

b). The deliberate killing of the handicap whether planned or unplanned;

c) The deliberate killing of a woman known to be pregnant whether planned or unplanned;

d). The deliberate killing of a priest while that priest discharge his vocation or where the killing is motivated by the priest discharging his vocation;

e) A killing where the killing is motivated by the race, gender or sexual preference of the victim (the hate crime category).

The government by not consulting at all before releasing this wave of legislation on the Bahamian people did a great disservice to jurisprudence of this country and the people as demonstrated by the glaring omissions in this legislation that all would agree is already overdue. A mere period of consultation that could have been conducted over the period that the Prime Minister first indicated that this legislation would be forthcoming and now would have resulted in a better product than the product presently before Parliament.

10. Section 3(5) of the Bill in seeking to introduce a 20-year period before there is a review of the release of a minor convicted of murder may well be unconstitutional as it introduces the penal portion of a indefinite sentence being introduced by the Legislature instead of by the Courts.

11. The attempt to reintroduce mandatory minimum sentences by stating a range of sentence by section 4 of the Bill will run into the same issues of whether the specifying of mandatory minimum sentences are constitutionally possible. This sentence will apply to someone who commits a robbery armed with a stick or any other instrument, which need not be deadly. It will also apply to a robbery where the convict intended to simply punch someone or pull the item from the victim.

The Dangerous Drugs (Amendment) Bill

1. The same issue of constitutionality arises with regard the range of sentences introduced by this Bill for drug offences.

2. There is also an additional issue that it is clear that Magistrates are being recognized as trying serious cases. Article 20 of the Constitution of the Commonwealth of The Bahamas provides that the citizen has the right to be tried before an independent and impartial court when charged with a criminal offence. There are a number of recent cases that hold that in order for a court to qualify as independent and impartial the judicial offence has to have security of tenure. Our Magistrates have no security of tenure. It is, therefore, recommended that given that these bills make it clear that Magistrates are dealing with serious cases and will reopen that line of challenge and that the government immediately legislate to provide security of tenure for Magistrates to avoid a potential successful challenge to the ability of Magistrates to hear any criminal matter.

Customs Management Bill and Pawnbrokers Bill

1. Both Bills are necessary and are long overdue. The government has reacted very slowly to regulate these industries that boomed during the economic downturn in circumstances where schemes of regulation exist in many other countries. We are not reinventing the wheel here. We are simply adapting it to meet our circumstances.

Bail (Amendment) Bill

1. The legislature cannot dictate what is a reasonable time to the courts. There are a number of cases that indicate this.

2. This Bill highlights the need to give Magistrates security of tenure in order to avoid challenges to Magistrates pursuant to Article 20 the Constitution (see above).

3. This Bill highlights the admission by the government that it cannot try serious cases in less than three years, notwithstanding the current waste of judicial time occasioned when cases collapse or do not come off. The focus should be on trying persons in a truly reasonable time.

Sexual Offences (Amendment) Bill

1. The same comment on mandatory minimum by a range applies here.

2. The same comment on the meaning of life imprisonment applies here.

Court of Appeal Bill

1. It is questionable whether Clause 2 of the Bill is constitutional. In the UK, this is the process of the Attorney General’s reference that permits the Court of Appeal to state the law, but does not permit it to set aside an acquittal. Clause 3 is already the law now and this adds nothing new.

Criminal Procedure Code Bill

1. The increase in the Magistrates sentencing power reinforces the need to give them security of tenure.

2. Clause 5 is good, in that, it means that the firearms licensing officer need not waste time coming to court, but can state the fact of the license in a report.

Evidence Bill

1. The Bill accomplishes something that is inoffensive. There is a potential of cost saving, but a danger that overuse risks a potential of losing the quality of the human presence.

2. There is a need for care in controlling the environment on the other end of the video link.

3. This Bill can be supported, but it is not a game changer in terms of transforming the procedure in criminal trials to reduce the time taken and increase the efficiency of the process. It is a disappointment in this sense. It is not the sort of game changer we advocate like legislating to enable judges to have evidential hearings ahead of the empaneling of jury and the beginning of trials.

Firearms Bill

1. The mandatory minimum raises the same issues of constitutional of minimum sentences and the need for security of tenure of Magistrates raised earlier in this paper.

2. The mandatory minimum sentence of four years applies to persons, who had a license for a revolver, shotgun, rifle or ammunition, but didn’t license it in the six months grace period.

3. Clause 11 creates an offence of possession with intent to supply firearms, but unlike the similar provision of the Dangerous Drugs Act there is no greater punishment for possession with intent of firearms than there for simply possessing firearms. This is wrong in principle; the supplier should attract greater punishment than the possessor.

Suggestions:

Illegal Immigration

Mr. Speaker, I was extremely disappointed that there was no mention in the Package of Crime Bills by the government that spoke to illegal immigration. There is no doubt Sir that the influx of illegal immigration contributes to a certain extent to the crime problem. Indeed Sir, some of the illegals that are here were criminals in their own country.

I would have thought that the Government would have amended the laws to include the offence of “Harboring of Illegals.” An offence of this nature would ensure that persons who rent, lease or allow illegals on their property will be held liable to a fine and/or imprisonment or both. It is also a known fact that shantytowns are throughout New Providence and The Bahamas. Nothing is being done by the Government to eradicate these shantytowns. Many of the shantytowns are known to harbor criminals; they are breeding grounds for crime and illegal activity. What is the Government doing about this?

Responsibility of Parents

Drastic times require drastic measures. Sir, there are many crimes committed by persons under the age of 18. Many parents are “donors” rather than real parents. They do not know whether their children are in school, they do not participate in their children’s’ education and at night, they do not know where their children are. In other words, the children are left to their own devices. There is no guidance by the parents! Harden criminals usually start young, with petty crimes. The government should have given serious consideration to making parents responsible by way of fines for criminal acts committed by their under-aged children.

National Services

For the life of me, I do not know why the Government did not consider the introduction of a national service. This, Sir, in my view would have an immediate everlasting effect on many of our young men who are not presently employed.

National service should apply to persons who are unemployed and those who are not able or willing to further their education.

National service would serve two purposes: those men, in particular those on the blocks and idle, would be put in a program that would teach them a trade, transforming them into productive members of their society. They would learn how to respect other people and other people’s property.

Secondly, Sir, in my view, this is a necessary step that this country must take to reduce crime and improve young Bahamians’ way of life!

Laws Relating to Dead Beat Dads

Single mothers in this Bahamas are at a disadvantage in the courts. They are in a position where, more often than not, children are with them and the fathers neglect and/or refuse to support the children. This is a disadvantage to the children, who suffer because of lack of support by the father. The Government should look at the laws relating to child support and put more teeth in them.

Hand Guns

It is my view, that the Government should consider, after consultation with the relevant persons, authorities and the public at large, whether handguns should be issued to certain people. Indeed, Sir, today there are certain people (i.e. businessmen) who have handguns. Sir, there should be regulations that allow certain people to carry handguns and this should be considered by the government. Today, the Prime Minister makes the decisions as to whether people can carry a handgun.

Education

Sir, I heard nothing from the Government, which I thought was fundamental to crime prevention, that certain principles be taught from young in the schools. We need to bend the tree while it’s young Mr. Speaker. It must be mandated that children be taught right from wrong, children should be taught to love your neighbour as yourself, respect, courtesy and how to be your brother’s keeper. This Sir is necessary.

In addition Sir, truant officers should be reintroduced immediately.

Management of the Administration of Justice

Management of the Administration of Justice is perhaps the main reason why there are delays in the Court system. The Government has not informed us how the Management of the Administration of Justice will be improved. You see Sir, you can amend, appeal, revoke, legislate in relation of crime all you want, but if the management of the Administration of Justice is not dealt with (and left in the same position) I find it difficult to see how the implementation of these amendments will be effective if we still have poor management of the system.

Leadership

Political Leadership has a pivotal role to play in the way young men, in particular, react in their day-to-day life.

When men watch our Parliamentary Channel and see the disrespect displayed towards members, it is not a good example. You must lead by example! When you carry on like a bully what do you expect from the young men watching? When you try to intimidate others, what do you expect from the young men watching? When you display anger, what do you expect from the young men watching? When you show disrespect, what do you expect from the young men watching? The fact of the matter is that some political leaders are bad examples and that transcends into the community.

Indeed Sir, I would encourage political leaders to be good examples for our young men to emulate. But Sir, I also realize that you cannot teach old dogs new tricks!

Part IV: Crime Fighter - Renewing the Vision

My good friend, the Member for Mt. Moriah, constantly tells us that many of these crimes, particularly killings, are committed by people who have problems controlling their anger; so we put in place measures to control the anger for them, but we do nothing to find out why they are angry. Even now, we go to great efforts to enact laws and measures so that we can control the criminal characteristics of our people, but we do not put in the same effort, as governments, to finding out the root cause of these negative characteristics. Despite law on top of law on top of law, nothing changes. WE keep doing the same thing over, and over and over again, expecting to get a different result. And when these things do not work, we say, don’t ask us, we are not doing the killing and the stealing. We say, if you want answers ask the sociologists and psychiatrists.

The Member for Carmichael said in the conclusion to his presentation, “the problems being experienced today did not suddenly come upon us and they were not thrust upon us from outside The Bahamas. We are, today, reaping the rewards of our own inabilities, inattentiveness, incompetence and indiscipline—the seeds of which were sown many years ago.” But not only were they sown during the drug years of the 70s and 80s, they were also sown in the 90s and the 2000s.

I will paraphrase Martin Luther King and say that as a result of long years of oppression and feelings that everything is backing up, because leaders have stop checking for them. A good number of Bahamians have become so drained of self-respect and a sense of “somebodiness” that they have given up on their dreams, become complacent and settled for almost anything; the resulting bitterness and hatred for having to settle, nourished by their frustration over continued discrimination and disenfranchisement have caused many to turn their anger against society.”

Mr. Speaker, I can safely say that over the past nine months, many of us have watched our country and our lives slowly slip into chaos and disarray. From the disastrous street-work mess that has turned our island into a maze of confusion to the, somewhat, embarrassing devaluation of our country’s economic worth and standing, it would appear that we, as a people and a nation, are sailing in stormy seas on a rudderless and captain-less ship. Abandoned by leadership, society as a whole is left on its own to fend for itself.

Frustrated on all levels, thrown into chaotic disarray with no one to turn to for help, for guidance and for protection, the people, it seems, are now taking matters into their own hands, trying to survive.

For many of us, as law abiding, good citizens, we no longer feel safe and secure inside or outside our homes and our streets, and our neighbourhoods have become like the Wild, Wild West—taken over by unfeeling criminals and people carrying out vigilante justice.

Again, Mr. Speaker, the Democratic National Alliance holds firm to its belief and its position that neither the Free National Movement (FNM) nor the Progressive Liberal Party (PLP) has any practical solution to our crime problem. The plans that we have gotten from them both, for the most part, amount to miserably misguided, unimaginative and uninformed attempts at rewording or rebranding past failed policies, with none truly seeking to address the root of the issue.

The turn around for our nation, Mr. Speaker, is not going to come as a result of the number of penal codes we put in place, you know. Sad to say, it may not even come with national calls to volunteerism. The turn around will only come with proper and effective administration and management of the country’s systems of social protection and job creation initiatives that will empower people to take care of their own personal needs.

And even this Mr. Speaker, for all we may wish, will not come as long as we have the present leadership that we have in place. For too long they have been in cahoots, playing a terribly divisive game of politics that have divided us as a nation and as a people.

I say to you today, Mr. Speaker, for us to see any turnaround in this crime issue the people must get the feeling that we are once again on the road to progress and for progress to continue in The Bahamas, there is going to be a need for real change from the petty partisan politics that was on full display last week by the Member for North Abaco.

Sir, I am in this position today, because I recognized that there was a void in visionary leadership, I recognized that there was a crisis in leadership, so I took up the charge. I did not enter this race to become the next Prime Minister of The Bahamas so that I could come in the people’s house of business to squawk, cackle and play around like one would expect of leaders in a banana republic. I came into this race, because I wanted to present the Bahamian people with a new kind of leadership, a new 21st Century progressive kind of leader and leadership that would seek to unite rather than to divide; one who recognizes that the scourge that we are here discussing and debating today is primarily the result of a nation left to fend for itself.

In closing Mr. Speaker, I say the Bahamian people need new leadership, because like in the late 70s and 80s, we now have a crisis in leadership and we must be guided through these tumultuous times. The world is changing around us, Mr. Speaker, and in order for the Commonwealth of The Bahamas to keep up with what is taking place globally, we need a new kind of leadership who can help us compete on the global stage.

Like I said several times earlier, the push for majority rule and independence promised us that we would be owners—owners of our lands and owners of our destinies. However, this progress has been hindered because successive leaders, since Sir Lynden, have disregarded good ideas from that era and good ideas from each other. But Mr. Speaker when good ideas, compete against good ideas, great ideas lose!

When I moved into Bamboo Town as that constituency’s representative, I intentionally used the color olive green on the sign at my headquarters and whereas some may have perceived this to be my beginning push to move away from the FNM, I saw this as my beginning push to unite Bamboo Town. I relied on my early childhood values to give me the wisdom to recognize that before I was an FNM, I was a Bahamian. I wanted the residents to know that I was not only the representative for the FNMs, but I was also the representative for the PLPs, NDP, BDM and any other resident of Bamboo Town. My aim was to create a community, not a constituency.

Again, Mr. Speaker, our efforts in fighting crime and criminality will call for this same kind of leadership, one who recognizes that we are not islands made up of FNMs, PLPs, DNAs or NDPs, but that we are islands of Bahamians who make up the great Commonwealth of The Bahamas.

No longer should we or can we continue to allow partisanship—encouraged by disingenuous leadership—to drive a wedge between us as we try to get back to creating ONE BAHAMAS, a 21st century, 1st world Bahamas, where people are the most precious resource, where prosperity is measured by the quality of the health, education and the social environment, and the self-esteem of the people; where individual and corporate productivity are synonymous with self-worth and where the love of work is esteemed as a national obligation; a Bahamas where economic diversity creates a broad spectrum of opportunities to challenge all the rich, creative talents, gifts, abilities and ingenuity of the people.

Embedded in these ideas left unfinished by Sir Lynden, Mr. Speaker, are the solution to our crime problems. Embedded in them are the solution to our educational problems, Mr. Speaker. Embedded in these ideas, are the solutions to our health and economic problems. In these ideas, Mr. Speaker, are the vision for creating a ONE BAHAMAS, where people are first again. ONE BAHAMAS, Mr. Speaker, this is the meaning of real change, change we can believe in.

I thank you Mr. Speaker, and unless something pressing comes up, I hope that I will not have to mention my worthy opponents North Abaco and Farm Road again. In my effort to become a more self-disciplined leader, I constantly remind myself that this election is not about North Abaco and Farm Road, but about the Bahamas and Bahamians, particularly our children, their children, and their children’s children.

DNA Facebook

Monday, September 26, 2011

The government is expected to unveil changes to the Bail Act when the House of Assembly reconvenes... ... it is still hard for Bahamians to understand why so many dangerous criminals are out on bail, mocking our system of justice and terrorizing us in our homes and in our businesses

Bahamians want action on bail

thenassauguardian editorial




It would appear that a public spat has erupted between the Minister of National Security Tommy Turnquest and Chief Justice Sir Michael Barnett, over the effectiveness of the country’s judicial system.

Last week, Minister Turnquest repeated a statement he made in the past that criminals must be kept behind bars, and said that if judges were elected officials some of them would be run out of town.

Turnquest said that while he has no wish to encroach on the independence of the judicial system, in his opinion some judges have been far too “liberal” when it comes to granting bail to career criminals and those accused of serious offenses — and he believes the police and the public agree with him.

Sir Michael hit back hard. He described Turnquest’s criticisms as unfortunate. “I am always concerned when people attack the judiciary because persons have to be careful in what they say, so as not to undermine the public confidence in those of us who serve in judicial office,” Sir Michael said.

The Chief Justice stressed that judges are independent and do not make decisions based on public sentiment; and are aware of what goes on in society.

Sir Michael makes a good point, and perhaps Minister Turnquest should have chosen his words more carefully, but that does not erase the challenges faced by the judiciary and the impact those challenges are having on the country’s crime problem.

The government and Minister Turnquest should be commended for implementing the electronic monitoring bracelet system, which it is hoped will go a long way in preventing suspects from re-offending.

But it is still hard for Bahamians to understand why so many dangerous criminals are out on bail, mocking our system of justice and terrorizing us in our homes and in our businesses.

Our murder count - now over 100 - would have been lower over the past several years if a number of those out on bail were still in custody.

The country has now recorded four record-breaking murder counts in five years. And we are on pace to far outstrip last year’s record of 94.

The government is expected to unveil changes to the Bail Act when the House of Assembly reconvenes next month.

We hope these changes meet the needs of the country.

We are also eager to hear what Prime Minister Hubert Ingraham has to say in his upcoming national address on crime.

In addition to the questions over why so many dangerous criminals are out on bail, there is also still a great deal of confusion surrounding the rulings of the Privy Council and how they have impacted our judicial process.

A ruling by the Privy Council in which it held that it would be cruel and inhumane to execute someone under the sentence of death for more than five years has had unintended consequences, mostly arising from how unprepared our national leadership was to deal with such a momentous ruling.

Bahamians want and deserve a better explanation in terms of the various issues surrounding the matter of bail. But, more importantly, they are demanding action, arising out of fear for their very lives and livelihoods.

Sep 26, 2011

thenassauguardian editorial

Friday, June 3, 2011

Petulant, petty and vindictive Fred Mitchell in the House of Assembly on the Wikileaks publication of confidential US embassy cables on Bahamian political affairs

Fred Mitchell and journalistic ethics

tribune242 editorial



IN THE House of Assembly on Tuesday Fox Hill MP Fred Mitchell held forth as though he were an authority on journalistic ethics.

At one time in his life he fancied himself as a journalist. Those of us properly trained in the profession considered him a scribbler of propaganda. We never took him seriously.

Obviously upset by the Wikileaks publication of confidential US embassy cables on Bahamian political affairs -- especially those pertaining to himself -- Mr Mitchell decided to take out his venom against the reporter who gave an accurate, objective report that quoted -- but did not interpret -- the content of those cables.

In a 2005 cable former US Ambassador John Rood saw "two Fred Mitchell's" - the polite and polished public Mitchell and the more private, but more revealing Mitchell. We have often seen a third side -- petulant, petty and vindictive -- and this is the side that Fred Mitchell exposed in the House on Tuesday.

Upset by the reports, he turned his venom on the Guardian reporter.

"I always envied my colleague, the Member for North Andros, that former lady friend of his who shall remain nameless who works at the Guardian and wrote that whole section about me," he told the House. "'That gal look good!"

"My only point is that journalism, the kind that The Nassau Guardian, The Tribune and The Bahamas Journal are to practice carried with it certain ethical standards and it is unethical to write a story about one subject of which you had a close personal relationship as if you are a disinterested party. It can be seen as malicious. But neither she nor her employers seem to get the point," he said.

What rubbish is the man talking?

Here he is complaining about an article that the reporter wrote about him. Is he referring to that article and the subject of that article when he complains that it was unethical of the reporter to write on a subject of which she had a close personal relationship as if she were a disinterested party? Knowing Fred Mitchell we are satisfied that she had no personal relationship with him. So who is the subject to whom he refers and how is that "subject" relevant to the article of which he complains?

The fact that this reporter can write on a subject in which Mr Mitchell claims she has a personal interest as though she were disinterested shows that she is a good objective reporter, who does not let personal relationships cloud her judgment. This is more than can be said about the writing of Mr Mitchell on his Bahamas uncensored website about which Ambassador Rood had reason to complain to then prime minister Christie. Mr Rood was concerned about what he perceived as Mr Mitchell's anti-American viewpoints.

According to Mr Mitchell there is public "fascination and revulsion" at the disclosures. Revulsion that public officials "would be so open and callous" with information they share with "American diplomats." He condemned these Bahamians for "spilling their guts" to junior diplomats. He seems to forget that the assessment on himself of which he complains was made by the Ambassador himself -- no junior diplomat.

But, talking about "gut spilling," according to the diplomatic cables, we have Mr Mitchell expressing his frustrations with the level of efficiency of the Christie cabinet.

In commenting on the practices of restrictions on cabinet debates in Commonwealth countries, Mr Mitchell "intimated, the Christie cabinet of the Bahamas operates much less efficiently since any minister can intervene and express a view on any issue before the government."

At a meeting with Ambassador Rood in March 2007, Mr Mitchell "expressed his frustration at the indecision in his own government stemming from the pending elections.

"Mitchell cited the delay in signing the airport management contract and the delay in moving ahead with discussions on the Flight Information Region as two examples," the cable said.

"He noted that if the elections had been called in November and held in December, the government would either be out of power already or be finished with the elections and able to govern effectively."

Now who is gut spilling? Here Mr Mitchell is caught "spilling his guts" on the very issue that today has many Bahamians concerned -- the indecision of the Christie administration.

This obviously is going to be an issue in this election. In May, 2007 Bahamians cut this indecision short by dismissing the Christie government at the polls. It would be surprising if -- despite what Mr Mitchell now says -- they would vote in 2012 for a repeat performance.

June 02, 2011

tribune242 editorial

Friday, May 13, 2011

Branville McCartney - Democratic National Alliance (DNA) leader will have to get used to attacking Prime Minister Hubert Ingraham - if he hopes to survive in Bahamian politics

The new party in Parliament

thenassauguardian editorial



The official launch of the Democratic National Alliance (DNA) last night means that a third party will be represented in Parliament for the first time since Dr. Bernard Nottage represented the Coalition for Democratic Reform (CDR) in 2002.

When the House of Assembly reconvenes for the budget communication at the end of the month, McCartney will be representing the fledgling party he leads.

McCartney has been civil in his remarks regarding the governing Free National Movement (FNM) since he left the party in March. That will have to change if he hopes to survive in politics.

Opposition politics is about opposing the government; it is about roughing up the government; it is about demonstrating to the public that the governing side is unfit to govern.

McCartney will have to get used to attacking Prime Minister Hubert Ingraham. He will also have to get accustomed to being attacked in return by Ingraham. Ingraham made his mark in the 1992 campaign by taking the fight right to the incumbent, Sir Lynden Pindling. The ‘Delivery Boy’ challenged ‘The Chief’.

To be truthful, thus far, it appears as if McCartney is afraid of confronting Ingraham directly in the public sphere. Maybe in the weeks and months to come, he will prove us wrong.

Bran will also have to learn how to fight the Progressive Liberal Party (PLP). The opposition party has been happy with McCartney because he has fallen out with Ingraham and the FNM. He now has to also prove in the House of Assembly that Perry Christie and his PLP are too disorganized and inadequate to be elected.

Parliament is a place where McCartney can shine in the months remaining before the next general election. But, he will not shine as a timid accommodating nice guy. The public wants to see if the Bamboo Town MP has what it takes to start an enduring political force in the country.

All eyes will be on McCartney from here to the election. He is an experiment. Will Bahamians continue to vote for the two main parties overwhelmingly just because they are used to? Or, will the new DNA party get some votes and make an impact?

For McCartney, each parliamentary debate going forward will be a showcase of his talents or shortcomings. He should use these precious moments well.

5/13/2011

thenassauguardian editorial

Monday, April 11, 2011

Branville McCartney says: ...move this, our beloved country, forward toward the future of empowerment that has been promised to us for almost 40 years

Branville McCartney
Press Release –
10th April, 2011



I would like to take this opportunity to thank the Right Honorable Prime Minister for his support and assistance over the years, particularly in support of me as the representative for Bamboo Town in 2007, as well as the Junior Minister of Tourism and Aviation and the Minister of State for Immigration. During my term, I represented the government and the Bahamian people to the best of my ability. I did those things that I believed were agreed upon by the present government. I know that I did my best. I have no regrets, and may have further comments in the future.

However, for now, I am humbled and honored by the overwhelming show of love and support that I have received from Bahamians of all walks of life, at home and abroad, particularly those in the great constituency of Bamboo Town, since my resignation from the Free National Movement.

In recent days, I have also been overcome with humility by the growing number of people who have come forward to express their interest in working along with me to move this, our beloved country, forward toward the future of empowerment that has been promised to us for almost 40 years.

I do want the public to know, as I noted in my address to the House of Assembly on the 23rd March 2011, that when I entered public life, I did so because I saw Bahamian families who were beginning to feel trapped and powerless in a society that appeared to be imploding all around them. I did so because I recognized a force of complacency in our youth, brought on by years of neglect and disrespect, which was draining them of all self- respect to the point that they were, and still are, failing out of society in larger numbers than ever before. I said that I was motivated by the idea that I could possibly be one of a new generation of public servants who could offer a clear vision of meaningful change and be that difference when it came to shaping the future direction of what is, potentially, the greatest nation in the world. I want the Bahamian public to know that my intentions remain the same and I remain steadfast and committed to that purpose.

As I also noted in the House of Assembly on that day, I remain steadfast to ensuring that our society, from Grand Bahama to Inagua, Long Island to Rum Cay, from Bain Town to my beloved constituency of Bamboo Town, will continue, on an even greater scale, to be a society free from the forces of complacency, oppression, insensitivity, bitterness, and self-doubt – a society where people will feel safe and secure both in and out of their homes; a place where people will feel like people again. As I continue my work in this vein, I again wish to thank the many people of our great country for their encouragement.

To the people of Bamboo Town and The Bahamas, when you next hear from me publicly, I will not be alone in presenting a real vision and mission plan for our country that will speak to your desires, your dreams, and your possibilities.

Like America, who against all odds elected its first Black President; like Trinidad, with its first female Prime Minister; and like Haiti, electing “underdog” musician Michel Martelly as President, it is my utmost belief that together, as a people united, Bahamians and The Bahamas, will join other countries around the world in redefining what is possible.

I ask all to remain encouraged and know that I am using my time away wisely and creatively to ensure that the next government of The Bahamas will be prepared to represent them well, by putting together a plan that will once again put people first.

I close with a paraphrased version of 2 Corinthians 4:16-18:

Therefore, do not lose heart. Although, as a country, outwardly we are wasting away, inwardly we are being renewed day by day. These momentary troubles are achieving for us an eternal greatness that will far out-weigh all the troubles we are experiencing now. So fix your eyes not on what you see, but on what is yet to be seen.

Continue to keep me, my family, and our beloved country in your prayers.

Bahamas Blog International

Thursday, March 31, 2011

Renward Wells - National Development Party (NDP) leader: ...now is the time for a third party to really make a difference in the political landscape of The Bahamas

NDP leader: it's time for a third party in Bahamas

By PAUL G. TURNQUEST
Tribune Staff Reporter
pturnquest@tribunemedia.net



HEADING into their discussions last night with Independent MP Branville McCartney, NDP leader Renward Wells said that he feels now is the time for a third party to really make a difference in the political landscape of the Bahamas.

Hoping to either court the Bamboo Town MP into joining the NDP or have their party make some type of alliance with whatever movement Mr McCartney will form, Mr Wells said they hope to be "the alternative" to both the PLP and the FNM at the polls.

"We believe that it is high time for another party, other than the PLP or the FNM. It is absolutely the right time to do it," he said.

At the meeting, which was scheduled to be held at Mr McCartney's home on John F Kennedy Drive, Mr Wells said that the NDP will have 14 persons present, including himself, as representative from the Bahamas Democratic Movement. Other notable young politicians are reported to be attending.

Mr Wells said that his party has decided to send such a large contingent because they represent the heads of a number of their internal committees and must relate what transpired with first hand knowledge.

"Actually I am taking a lot of people who support Mr McCartney so they can hear from him as to what is what, and then they can make up their minds based on what they currently believe and are willing to accept. Because at the end of the day, the others have made their position quite known, this is what it is, he must come to the NDP and they are not changing from that at all.

"And they have said they don't want to go. This is our position and we are not changing that," he said.

Mr Wells said that based on what happens at the meeting last night he may have to "work" on these party members if the NDP intends to move in the direction of aligning itself with Mr McCartney.

If the Bamboo Town MP were to join with the NDP and lead the organization, Mr Wells said that they will hold a convention within 30 days so that this decision can be made by their entire organization.

"There are even people in the NDP already who would want him (Mr McCartney) for leadership; most certainly. I believe that at the end of the day, those persons not only support Bran being the leader of the party, they support it being done the right way.

"I don't want people to believe that Renward Wells is a megalomaniac. I am willing of Bran being the leader in the House of Assembly because he is the only one there. Undoubtedly I can tell you that if I run against him (for the leadership) he will more than likely win. But this isn't about me. This is about the Bahamian people. If they believe that Bran is the best man to make that change, I will grab my shield and follow him into battle," he said.

As a relatively new political organization, Mr Wells said that the NDP has already faced its share of challenges - namely the departure of its former national chairman Dr Andre Rollins. However, he said that because their party is grounded in its message and "principles", they have survived.

"A political party must not be about a man, it must be about the message. It can't be about the person, it must be about the principle. You cannot have an idol, you must have an ideology. Men and women will come and go, but the truth and the message will remain. When you create parties around men, they fail; look at the CDR (Coalition for Democratic Reform). The NDP will and cannot join any institution that is built around a man," he said.

March 30, 2011

tribune242

Monday, March 28, 2011

To the Ingraham government: ...lay the whole Bluewater Ventures Ltd / BaTelCo transaction on the table of the House of Assembly so that it will be available for public scrutiny

What is the whole truth behind Bluewater?

tribune242 editorial



AFTER a 14-year search for a suitable strategic partner and a lengthy, often acrimonious debate over the past few days, BTC opens its doors today as a privately owned company. Cable & Wireless, with a sound international reputation and solid financing is the new owner. Bluewater Ventures Ltd, the choice of the PLP government, is now history leaving a trail of mystery in its wake.

When one examines details of the bids that were published, it is difficult to understand why Bluewater -- the only company not to produce financials -- was the PLP government's company of choice. Many things have been suggested. Finance Minister Zhivargo Laing considered it a "fronting" operation with Bahamians hidden in the background. Whatever it was, all that has been made public -- and much is still hidden-- suggests that it was a company hastily thrown together especially for this bidding process.

At the end of a heated exchange between Opposition leader Perry Christie, whose government pushed the Bluewater deal to a hasty conclusion, and Prime Minister Ingraham who eliminated Bluewater, Mr Ingraham accepted that Mr Christie's last gesture before he left office "was beneficial to the Bahamas."

As he put out the embers of his dying government, Mr Christie took up his pen and ended the Bluewater deal.

"I would recommend," he wrote, "that the matter not proceed any further at this time."

Mr Christie argued that as his government had been voted out of office, it was only right that the final decision on the future of BTC be left for the new government.

Reading from the records on Monday, April 30, 2007 --two days before the general election -- Mr Ingraham said the PLP Cabinet met with Prime Minister Christie's approval. Mr Christie himself was absent, and so the deputy prime minister was in the chair. Mr Obie Wilchcombe was also absent from that meeting. It was at that meeting that the decision was made to sell BTC to Bluewater.

When asked by a House member what he knew about the Bluewater transaction, Mr Ingraham said he knew of a meeting also held at the Ministry of Finance when then Minister Bradley Roberts, "Brave" Davis, lawyer for Bluewater, and a "man from Bluewater" returned to the room and said "we have a deal."

Mr Ingraham said that before the 2007 election he had announced at an FNM rally that the PLP government had sold what was then BaTelCo to Bluewater. His speculation was that at the end "they ran scared," which caused the last minute change of mind.

As our readers will recall the hand-over in 2007 from one government to the next did not go smoothly. Although the FNM became the government on May 2, it was not until May 4th that it was able to assume office.

In the meantime several ministers of the former PLP government, said Mr Ingraham, went around announcing that the Bluewater deal had been approved and recommended that the persons involved should go to the Cabinet office to get "the letter."

By then the Ingraham government was in charge. Mr Ingraham said that the Secretary to the Cabinet came to him one day to inform him that "some people" were at the office saying that they wanted "the letter" -- obviously the letter approving the sale of BaTelCo to Bluewater.

Mr Ingraham thanked Mr Christie for going to London to testify at the hearing when Bluewater was demanding to be indemnified for the loss of BaTelCo. In Bluewater's agreement with the PLP, the Ingraham government would have had to pay $2.5 million if the exclusivity clause in the agreement had been breached. To get out of the Bluewater deal, the $2.5 million penalty clause was negotiated down to $1.9 million.

Mr Ingraham argued that although Mr Christie did not attend the Cabinet meeting that approved the sale of BaTelCo to Bluewater, the fact that he had given Cabinet members permission to meet, and agreed who should chair the meeting, he could not then unilaterally rescind their decision without another meeting and discussion. Mr Christie argued that he did not change the deal, but decided that his government was at an end and suspended it.

Mr Ingraham knows, said an angered Opposition leader, that "this was a process that I was going to guarantee the integrity of -- if only because Brave Davis was the lawyer -- I was not going to allow this matter to compromise the integrity of my government under no circumstances."

In a heated moment, Mr Christie probably suggested more than he intended. Obviously, he was not happy with the deal. His behaviour at the end shows a great deal of doubt. Already he had started the hand washing process.

Bluewater was a deal made on behalf of the Bahamian people. They are entitled to know the facts -- especially why Bluewater was given so many preferential concessions.

We feel it the duty of the Ingraham government to lay the whole Bluewater transaction on the table of the House so that it will be available for public scrutiny.

March 28, 2011

tribune242 editorial

Monday, March 14, 2011

Kendal Isaacs: ...a reasonable, and responsible man

Why Sir Kendal refused to lead a demonstration

tribune242 editorial





SEVERAL years ago the late Sir Kendal Isaacs, then leader of the FNM, resisted the urging of his members to lead a peaceful protest outside the House of Assembly. We do not recall the occasion, but it was just after the conclusion of the Commission of Inquiry into drug smuggling when there was much political unrest in the country.

Sir Kendal, not only a reasonable, but a responsible man, said he would never take the responsibility of leading a demonstration. Why? Because, no one could control a crowd of people, especially if they should turn into a frenzied mob. He did not want to shoulder the inevitable tragic consequences of damage a violent mob could do. So there was no demonstration.

Speaking to party members at their Gambier headquarters last Tuesday, PLP Leader Perry Christie told supporters that come the 2012 election the PLP was committed to "play it straight." The party's campaign will be "aggressive" and "spirited", he promised, but would be conducted with "respect for, and adherence, to the elementary values of integrity, decency and dignity that are so sorely lacking in our country today."

Mr Christie said his party was going "to set the pace and set the tone because we are convinced that political morality, human decency and civility require us to do so."

Of course we saw none of this high-mindedness displayed when a crowd descended on Rawson Square on February 23, as police struggled to hold the barricades and shouts went up to "secure the House."

It was meant to be a peaceful union demonstration to save BTC from the clutches of C&W, but unionists were sidelined in a swirl of PLP supporters dressed in yellow "no turning back" shirts and a large contingent of PLP youth.

One policeman later commented that the first hand he saw touch a metal barricade to force it down was that of a man with a murder charge pending. Rumours were rife, resulting in National Security Minister Tommy Turnquest eventually confirming that, according to police reports, several violent criminals were also among the crowd protesting outside Parliament that day.

Mr Christie was quick to deny the rumours that many protesters were paid by the PLP to demonstrate. He said he certainly "paid no one." He also condemned Mr Turnquest for using "confidential police information" about criminal elements being a part of what was meant to be a "peaceful" demonstration, but turned out to be anything but peaceful. Of course, on such an occasion, Fox Hill MP Fred Mitchell had to get in his own snide remark about paid demonstrators. "Aside from that being untrue, so what if they were paid?" he asked, referring to the practice during the PLP's early protests in the 1960s.

"To mobilise people takes resources: food, buses, and communication, emergency care to name a few of the possible expenses.

"So let's not get distracted by that fact."

We don't intend to get distracted by that fact, nor were the police to be distracted. Upset by another remark made in another context by Mr Mitchell about police reports, Police Staff Association president Dwight Smith stepped in to confirm on Friday that criminally-minded people were overheard to say that they had been paid to participate in the February 23 protest. And, he added, it was undeniable that there were people in the crowd with potential criminal motives. Mr Smith urged politicians to stop policising issues. Police already had a difficult crime problem to deal with, they had no need for politicians to add to their responsibilities.

The leader of the Opposition's office is located in the Bayparl building, as are several other offices, including the Ministry of Tourism. Reports from eyewitnesses and eavesdroppers tell the following tale:

After the court gave its ruling on the Elizabeth Estate election case, a group of persons lined the stairs leading the door of the Opposition's office. Among them was a "gentleman" who is extremely well known to the police. The persons on the stairs made it known to everyone within earshot that they were there for their "f money!" Someone opened the Opposition door and gave them some money. They were not satisfied. "Listen," said their spokesman, "we did what you asked us to do, now we want our money!" They were shouting the names of two MPs. They demanded to see them. Mr Christie was not one of them.

About a week ago Wednesday, after the recent demonstration, a group of boys were again outside the same office, asking for a certain PLP politician -- again not Mr Christie. This time they were demanding their money for the part they had played in the Bay Street demonstration.

Persons who were there described a scene that suggested that these persons needed money to reimburse them for more than Mr Mitchell's necessary bus ride to get to the site of the action.

March 14, 2011

tribune242 editorial

Saturday, January 8, 2011

Dr Duane Sands intends to make Ryan Pinder the shortest sitting Member of Parliament in the history of The Bahamas when he defeats him in the 2012 general election

Sands has Pinder in his election sights
By PAUL G TURNQUEST
Tribune Staff Reporter
pturnquest@tribunemedia.net



FORMER FNM candidate for the Elizabeth constituency, Dr Duane Sands, said he intends to make Ryan Pinder the shortest sitting Member of Parliament in the history of the Bahamas when he defeats him in the upcoming general election.

Criticizing the PLP's youngest and most recent addition to the House of Assembly for his "national campaigning," Dr Sands claims Mr Pinder has failed to provide any proper representation for the people of Elizabeth.

"If he is unwilling or unprepared to do that task, I would imagine that the people of Elizabeth will put him aside. It is my goal that he will set a record for the shortest tenure in the House of Assembly," Dr Sands said yesterday.

In response to Dr Sands, Mr Pinder told The Tribune yesterday he has been representing the people of Elizabeth fully and has provided a number of opportunities for them in his short time in office.

"I have defeated Dr Sands in the by-election when all the odds were against me, and I will certainly defeat him again when the general election is called," he said.

Having lost the by-election by a razor-thin margin of only three votes, Dr Sands said he has taken full responsibility for the loss. However, he assured the public he has learned from this exercise and is working tirelessly to counteract any of the perceived or learned challenges that they had.

"Ultimately, I think the message I have gotten from many people is that they want to know you care, that you are concerned, and that you will do what you can do to intercede on their behalf. So I have been doing that.

"I can tell you that today alone, I have spoken to at least five or six young people that reside separately in Elizabeth in an effort to help them access the job market. I had the good fortune of being able to congratulate a young lady who was able to secure a job, and I think that is what it is all about. It's effort directed at people," he said.

Currently, Mr Pinder is perceived by many within the PLP as having the largest new-found public appeal in the party, and as such, has shot up through the ranks of the organisation. He can often be seen at various social or political events with the "top brass" of the party in tow.

Noting this manoeuvre, Dr Sands said he thought that politics in the Bahamas had moved beyond this type of showmanship.

"There is probably a bit of a role for that, but what is your primary function? Your primary function is representation of the people that put you in the House of Assembly. If you lose sight of that prize, the people will remind you in very short order that you have taken your eye off the ball.

"I certainly believe he has taken his eye off the ball. And while that has provided me with a strategic advantage I am disappointed, because the people in Elizabeth were really counting on a different kind of politics, a different kind of representation, and I think they have been short changed once again," he said.

To his criticisms of "showmanship" Mr Pinder said politicians today must realise that not every voter will visit an MP's office and as such they should venture out to the people to meet and greet them wherever they may be.

January 08, 2011

tribune242

Friday, November 19, 2010

Baha Mar; No Need for Acrimony

The Bahama Journal Editorial


That we live in a time and in a place where some who lead can be petty; can be vindictive and where there is more bile spewing than even the law should allow is today self-evident.

And for sure, that we also live in a time when Bahamians should come together in order to pull themselves up from under is also as clear as day. But as clear happens to be the fact that, there are still so very many Bahamians who – for whatever reason – relish in the politics of personal destruction.

As a direct result of this penchant to see politics as some kind of infernal blood-sport, there are those in parliament who routinely hurl invective and slander-tainted innuendoes at others; all in aid of supposedly winning in a debate.

Much of this is rooted in the fact that some of these people are simply ignorant of the fact that this is just not the way it should be in Parliament.

Here we take some little comfort in the fact that, where ignorance is bliss; ‘tis folly to be wise.

Notwithstanding our current chagrin, there is –yet- some comfort to be found in some of what is about to happen in the House of Assembly.

Here, the good news we have today concerns what seems a dawning consensus to the effect that, the Baha Mar Project should proceed.

We suspect that it will proceed precisely because it seemingly has the potential to help the Bahamas in this dread hour; when things are clearly set to pose any number of other challenges.

Evidently, the principals behind this Baha Mar project are to be given their kudos for having the fortitude to persist in a time and in a place where the going –as they say- was rough.

But yet again, in a world where all’s well that ends well, we are happy to report that, the Rt. Hon. Hubert A. Ingraham seems agreed that the Baha Mar project should and indeed, will proceed.

As this nation’s Chief notes: “...As a result of candid discussions with the Chinese Export Import Bank, the China State Construction Company, and following upon discussions between those companies and their partner, Baha Mar, I can advise that consensus has been reached on a number of significant issues related to the proposed Baha Mar Cable Beach Development...”

And as Mr. Ingraham went on to explain, “First, the construction value of works to be subcontracted to Bahamian contractors and subcontractors has been doubled from $200 million to $400 million. Bahamians will also work on elements of the Core Project... Second, China State Construction and Baha Mar have agreed to an extensive and comprehensive training and retraining programme...”

We also note that, “ Baha Mar has also agreed to establish a Training and Service Academy which will provide extensive training prior to the opening of the various hotels and other amenities. The Academy will be permanent, offering ongoing training opportunities for employees and prospective employees...”

This is surely some very good news for the Bahamian people, writ large. But even while all of this is well and good, we wonder why this eminently worthy project attracted so much venom and so much bile from so very many quarters.

Indeed, even as we send out praise-thanks for what has transpired concerning Baha Mar in the aftermath of the prime minister’s Asian foray and in particular, his visit to Beijing, we remain discomfited by some of what now emanates from Parliament as this matter is debated and digested by the nation’s law-makers.

Indeed, like lots of other Bahamians who routinely tune into some of what passes for debate in parliament; we are not impressed. Like others who believe that the people’s business should be handled with the highest degree of decorum and civility; we are just not impressed with speakers who believe that the essence of debate is to be found in making personal attacks.

And for sure, like lots of other Bahamians who seriously believe that there are times in life when the governing party and its parliamentary opposite should work together – united in service and love – for the achievement of the common good.

We make these few comments as prologue and preface to a more nuanced comment on the current debate concerning the Baha Mar project; with such a commentary coming in when the dust has settled, so to speak.

At that juncture, Baha Mar would be consigned to the category: Done Deal. And yet again, we insist that this project is a good one for the Bahamas, for Baha Mar’s investors and for the governing Free National Movement and Her Majesty’s Loyal Opposition, the Progressive Liberal Party.

November 19th, 2010

The Bahama Journal Editorial

Tuesday, October 26, 2010

Bishop Simeon Hall has chastised politicians for their recent lawless behaviour in the House of Assembly

Bishop Simeon Hall hits out at politicians over House behaviour
tribune242


FORMER Christian Council president and community activist Bishop Simeon Hall has chastised politicians for their recent behaviour in the House of Assembly, accusing them of contributing to the growing wave of lawlessness afflicting the country.

He noted that MPs represent the country both locally and internationally, and therefore have the capacity to influence the opinion of others.

Debate

Bishop Hall said: "Their behaviour is emulated by young people who desire to rise to the annals of Parliament one day. The current level of parliamentary debate in our House of Assembly is becoming less and less inspiring and may have now become a major contributor to the spirit of crime which pervades our country."

The bishop pointed out that people from all walks of life have seen or listened to a parliamenatary debate at least once. "Most recently, they would have seen uncontrollable behaviour; lack of order and respect; and a disregard for those who care to pay attention. It is reflective of today's culture of widespread anger, despair and violence," he said.

"Young and old listening to the parliamentary debate might misinterpret the way MPs speak to each other and cause the public to lower their anger management skills."

Bishop Hall said politicians have an obligation to "work in the best interest of all Bahamians", and that "well-paid officials should do a better job of setting the standard of inter-personal communications.

"If the present tone of debate in Parliament is expected to set the level of dialogue throughout the nation, then we are in far greater trouble than we had first imagined," he said.

Anger

Bishop Hall warned that the nation's "anger index" is at an all time high.

"The criminals are committing more horrific crimes; fights in our schools have become commonplace and more violent; domestic violence and child abuse persists; and respect amongst fellow men is dying," he said.

"It is almost impossible for the unemployed, marginalised and despairing Bahamians to listen to Parliament and conclude that his or her position will soon change."

Bishop Hall said it is little wonder that many people believe the Bahamas "lags woefully" behind other nations in the region in "intellectual exchange" and progressive and innovative ideas.

He added: "It is useless pointing to the bad behaviour and disrespect manifested in other parliaments of the world as an excuse for ours.

"One bad behaviour ought not to be used to justify another bad behaviour.

"If we cannot speak strongly to each other - even vehemently disagreeing with each other - without denigrating the person, we fail the rudimentary examination for participation in the ongoing struggle of nation building," he said.

October 26, 2010

tribune242

Wednesday, May 4, 2005

The Privy Council Rules that The Court of Appeal Erred when it Determined that it Did Not Have Jurisdiction to Hear The Appeal of Holy Cross Member of Parliament, Sidney Stubbs against His Bankruptcy Order issued by a Supreme Court Judge

"The [Judicial Committee of the Privy Council] thereafter assumed to itself all of the powers exercisable by the Court of Appeal and decided to hear my appeal on its merits," said Mr. Sidney Stubbs


The order of bankruptcy was set aside.  The lordships also made a further pronouncement that I may now take my seat in parliament." said Mr. Sidney Stubbs

 

Stubbs Wins Privy Council Appeal

  

 

By Candia Dames

Nassau, The Bahamas

4th May 2005

 

 

Bringing an end to more than a year of legal troubles, The Privy Council ruled on Tuesday that the Court of Appeal erred when it determined that it did not have jurisdiction to hear the appeal of Holy Cross Member of Parliament Sidney Stubbs against his bankruptcy order issued by a Supreme Court judge.


"The [Judicial Committee of the Privy Council] thereafter assumed to itself all of the powers exercisable by the Court of Appeal and decided to hear my appeal on its merits," said Mr. Stubbs, who spoke at a news conference held at the office of attorney, Valentine Grimes, one of the MP’s advisors.


Mr. Stubbs also said, "The court found that the adjudication order was bad on the face of the record as the debtor summons was not severed within the time limited by the rules.


The order of bankruptcy was set aside.  The lordships also made a further pronouncement that I may now take my seat in parliament."

 

Progressive Liberal Party Chairman Raynard Rigby, who also attended the press conference, told reporters that Mr. Stubbs is expected to return to the House of Assembly as early as Wednesday after the Speaker of the House has been formally notified of the Privy Council’s ruling.


Mr. Stubbs, who had remained silent throughout the legal ordeal, indicated on Tuesday that he was relieved that the matter is finally behind him.


"It was a humbling experience," he said.  "I’m not a gushy person so I can only say that I am happy that it’s over, and I’d like to thank God that it’s now behind me."


Mr. Stubbs also expressed gratitude for the support he said he got as he fought the bankruptcy order issued by Supreme Court Justice Jeanne Thompson in March 2004.


"One of the things that sustained me through my year-long ordeal is the good graces and support of the people of Holy Cross," he said.


"I have gone to households in all 10 polling divisions and also in the new area, Hope Gardens.  I’ve spoken to members of the Holy Cross community…Never once was the question ever raised by the majority of people of Holy Cross that Sidney Stubbs should go."


He acknowledged that there were detractors in Holy Cross who wished to see him lose his seat, but he believes that the majority of his constituents were hoping and praying for an end to his legal troubles.


Mr. Grimes indicated that the technical issues involving the case and the ruling will be made public by Mr. Stubbs’ legal team when it returns from London.


It was on the basis of Mr. Stubbs’ appeal before the Privy Council that the House of Assembly in March granted the MP an additional six months to pursue his bankruptcy matter.


The extension came after a previous one that was granted last September expired.


Just last week, Supreme Court Justice Sir Burton Hall annulled Mr. Stubbs’ bankruptcy order after determining that the MP had come to a satisfactory scheme of arrangements to pay his creditors.

 

Those creditors included Gina Gonzales, Felix Bowe and Colina Insurance Company.


There had been some people, particularly those in opposition, who had been bracing for a bye-election in Holy Cross.


Last week, FNM Leader Senator Tommy Turnquest explained to reporters that the reason why a map was hanging on a wall inside the party’s Mackey Street headquarters was to remind the FNM on a daily basis that it is poised to recapture Holy Cross if an election were called.


The FNM also went as far as nominating former Holy Cross MP and FNM Chairman, Carl Bethel as its candidate for a bye-election.


Mr. Bethel, for his part, ran advertisements advising Holy Cross constituents to register to vote.


During debate on a resolution to grant Mr. Stubbs a six-month extension last September, former Prime Minister Hubert Ingraham had said that the government was seeking to raise a "dead corpse" and he advised the Christie Administration to bury its dead and move on.


But government officials insisted that Mr. Stubbs had a constitutional right to appeal and were intent on helping him fight the bankruptcy order, which came after a series of debacles, he had been involved in.


On Tuesday, Mr. Stubbs also thanked Prime Minister Perry Christie and PLP Chairman Raynard Rigby, and many others, for their unwavering support throughout his ordeal.