Sidney Stubbs can Only Hold On to His Holy Cross seat in the House of Assembly as long as He has An Appeal outstanding in His Bankruptcy Matter

Chief Justice Sir Burton Hall indicated that if there is an appeal before the Privy Council, Mr. Sidney Stubbs needs to pursue that before he can ask the Supreme Court to annul the bankruptcy order issued against him in March

Stubbs Appeal In Doubt

 

 

 

By Candia Dames

Nassau, The Bahamas

29th November 2004

 

 

Nearly one week after Chief Justice Sir Burton Hall adjourned the Sidney Stubbs bankruptcy matter, officials of the Progressive Liberal Party say they have still not been able to confirm whether the Holy Cross Member of Parliament has an appeal before the Privy Council.

His attorneys could not say last Tuesday whether there was in fact an appeal and have not yet given an indication that there is one.

While the legal team filed a notice to appeal to the Privy Council in September, it still remains unclear whether it moved ahead with that intent.

A PLP official told the Bahama Journal that the uncertainty surrounding the alleged appeal is creating frustrations for the party, which is seeking to speed up the legal matter.

When he adjourned the case last week, Sir Burton indicated that if there is an appeal before the Privy Council, Mr. Stubbs needs to pursue that before he can ask the Supreme Court to annul the bankruptcy order issued against him in March.

When asked on Sunday whether he has an appeal before the Privy Council, Mr. Stubbs told the Bahama Journal that he does not speak to the press and any statement in this regard would have to come from his attorneys.

Up to last week, attorney Wayne Munroe, who represents Mr. Stubbs’s former creditor, said he had received no notice from the MP’s counsel that an appeal was indeed active.

The hierarchy of the PLP is reportedly concerned that the matter may be dragging on too long and was considering whether to indicate to Mr. Stubbs formally that the party needed to start preparing for the eventuality of a bye-election.

Mr. Stubbs can only hold on to his seat in the House of Assembly as long as he has an appeal outstanding in his bankruptcy matter.

It could be why he and his legal team are for now keeping quiet on whether they actually have an appeal active.

In September, the House of Assembly approved a resolution granting him an additional six months to pursue an appeal.

Last Tuesday, Sir Burton made it clear to the court that there was no appeal presently before him as it relates to Mr. Stubbs’s bankruptcy matter.

The Free National Movement has insisted that the Holy Cross-seat became vacant the moment Supreme Court Justice Jeannie Thompson declared the MP bankrupt in March.

When contacted on Sunday, the FNM’s candidate for Holy Cross Carl Bethel told the Bahama Journal that he wanted to steer clear of making too many public comments at this time on the matter which is still before the courts.

But he reiterated the position of his party as it relates to the latest debacle involving Mr. Stubbs.

“The government really has to decide whether they are going to honour and uphold the constitution or whether they’re going to play politics with it,” said Mr. Bethel, who is also the party’s chairman.

“They know that Sidney Stubbs has no appeal to the Privy Council.  His seat is vacant under the constitution and it is really an abuse of the constitution…the fact of the matter is if there is an appeal, the other side ought to have received concrete evidence of such a thing.”

Raynard Rigby, Progressive Liberal Party (PLP) Chairman says Embattled Holy Cross Member of Parliament - Sidney Stubbs still has The Party Support

Raynard Rigby added that talk of a possible bye-election is premature, because Mr. Stubbs has not yet exhausted the time provided under the constitution for him to have his bankruptcy order discharged 

Chairman Says PLP Fully Behind Stubbs

 

 

By Candia Dames

Nassau, The Bahamas

22/07/2004

 

 

 

 

Despite his legal troubles, Holy Cross Member of Parliament Sidney Stubbs still has the full support of the Progressive Liberal Party, PLP Chairman Raynard Rigby said Wednesday.

“Mr. Stubbs lodged his appeal, the matter is still before the courts and so he is still entitled to due process under the constitution,” Mr. Rigby said.

He added that talk of a possible bye-election is premature because Mr. Stubbs has not yet exhausted the time provided under the constitution for him to have his bankruptcy order discharged.

Although Mr. Stubbs has said he has repaid the debt that led to Supreme Court Justice Jeannie Thompson declaring him bankrupt nearly four months ago, he still has to have the order reversed before he can participate in proceedings of the House of Assembly.

His time would expire around the same time that the House comes off its summer recess in late September.

“Our support is in line with the protection given to him under the constitution,” Mr. Rigby told the Bahama Journal.

“I’ve spoken with his attorneys and I have been advised that he still has a number of options available to him, and they are exploring those options with a view to bringing the matter to an end.

“If they are successful in their options then obviously there would not be a bye-election in Holy Cross.”

However, Mr. Rigby said earlier in the week that should a bye-election be called, his party would undoubtedly be victorious.

But Free National Movement supporters say this would be unlikely.

“Having been lost or hiding himself from the many embarrassing moments of his embattled colleague and party, Mr. Rigby appears to have lost touch with reality as to what is going on in New Providence and The Bahamas at this time,” read a statement from the Action Group of The FNM issued Tuesday.

“In its current state of unacceptability, the PLP would be hard-pressed to win a seat in a bye-election or any kind of election in New Providence or elsewhere in The Bahamas.”

Sources within the PLP, meanwhile, have told the Journal that thought is already being given to who the PLP would run should a bye-election be called, with some speculating whether this would be an ideal time for CDR leader Dr. Bernard Nottage to accept what amounted to an invitation from Prime Minister Perry Christie for him to rejoin the PLP.

Last week, Mr. Christie told the Journal, “Everyone knows that I have a great deal of personal affection and a great deal of political admiration for Dr. Nottage, and most certainly look forward to the time when a process can be engaged in - if that is the wish of Dr Nottage - towards his becoming a full fledged member again of the Progressive Liberal Party.  I believe that is where he ought to be.”

For now, PLP officials are saying on the record that they are hopeful that Mr. Stubbs would once again take his place on the backbench when Members of Parliament return from their summer recess in September.