Senior Justice 'missed opportunity to fully investigate attorneys accused of misconduct'
By NOELLE NICOLLS
Tribune Staff Reporter
nnicolls@tribunemedia.net
SENIOR Justice John Lyons missed an opportunity to fully investigate attorneys accused of misconduct in the Pinewood debacle by failing to do the necessary follow through, it was claimed.
"It requires more on his behalf than just sending a copy of the ruling," said a senior member of the Bahamas Bar Association.
In a 2003 ruling, Justice Lyons hinted at possible wrong doing on the part of several attorneys and the interested parties, noting "blatant fraud" was at play in attempts to substantiate a certificate of title to land in Pinewood.
Justice Lyons ordered the court to forward its ruling to the Registrar, Bar Association, Attorney General and Director of Public Prosecutions for disciplinary action, contempt action and investigations into possible breaches of the Penal Code.
It is understood that the ethics committee of the Bar Association never received transcripts of the trial.
None of the institutions has acted on the findings of the Supreme Court, according to executives at Arawak Homes.
In his judgment Justice Lyons found John Sands, aided by his attorney Leon Smith of Smith, Smith and Co, fraudulently obtained title to a 156-acre tract of land owned by Arawak Homes.
Mr Smith was later disbarred for an unrelated matter. Recent attempts by Mr Smith to be reinstated resulted in his arrest. A decision is pending with the Bar Council.
Misconduct
Justice Lyons also accused lawyer Derrence Rolle, now a magistrate, and James Thompson, now deceased, of serious misconduct and wasting court time as they represented John Sands and his attorney Mr Smith in the land dispute with Arawak Homes. The sons of Mr Thompson have made several attempts to clear their father's name in the face of unfair "smears."
Many commentators have called Justice Lyons' ruling a clear indictment of the various attorneys. However, some say Justice Lyons was notorious for "making noise" and "shooting from the hip."
"Justice Lyons shoots from the hips. In a lot of cases he castigates people, but when it comes time for him to sign his name on the dotted line for a formal complaint he never did," said a senior attorney.
There have been instances where Justice Lyons took the "proper and required" action, but not in the case of Mr Sands and his band of attorneys, she claimed. Justice Lyons is now retired and living in Australia.
Magistrate Derrence Rolle was appointed to the bench three years after he was criticised by Justice Lyons in his judgment on the Arawak Homes case. The appointment was made by Chief Justice Sir Burton Hall in 2006.
Questions raised about the promotion of Mr Rolle seem to fallen on deaf ears. Government agencies could give no explanation in view of the September 2003 Supreme Court judgment.
"Justice Lyons has to go a step further definitely. That is in law called 'a by the way'. You ought not even quote that as an attorney unless you are saying it has some substance. It is his opinion. If they wanted to deal with it from that aspect they could have, but they did not," said another attorney, familiar with the case.
She pointed to the fact that Magistrate Rolle "is always having his matters appealed when he makes certain rulings."
"He has the (reputation) for the most appeals being overturned. Certainly if they felt he ought not to be there he would have been removed by now," she said.
Just this week, Magistrate Rolle was criticised by the Court of Appeal for exceeding his sentencing powers, and issuing a "manifestly unlawful sentence" in the case of a man charged with burglary and stealing.
"Justice Lyons had his own idiosyncrasies. Some people liked them; some people didn't; some people respected them; some people didn't," said the attorney.
November 13, 2010
tribune242
A political blog about Bahamian politics in The Bahamas, Bahamian Politicans - and the entire Bahamas political lot. Bahamian Blogger Dennis Dames keeps you updated on the political news and views throughout the islands of The Bahamas without fear or favor. Bahamian Politicians and the Bahamian Political Arena: Updates one Post at a time on Bahamas Politics and Bahamas Politicans; and their local, regional and international policies and perspectives.
Showing posts with label Justice John Lyons. Show all posts
Showing posts with label Justice John Lyons. Show all posts
Sunday, November 14, 2010
Monday, November 8, 2010
Those who did the harm to the fine folks currently in disputed occupation on lands owned by Arawak Homes should be brought to justice
Arawak Homes; Truth and Facts
By Felix Bethel
jonesbahamas
Regrettably, the Wilson family, Arawak Homes and some of their business associates have become and now stand as objects of scorn and easy vilification by many Bahamians who cling to their misguided views concerning some acreages of land in Pinewood Gardens that clearly belong to Arawak Homes.
This matter begs for a solution that might well be compared with one such that could be made by a modern-day Solomon; such a one that would recognize the views, values and aspirations of those people who were duped, ripped off and otherwise abused by any number of fraudsters.
While we know it for a fact that, Mr. Franklyn R. Wilson, his family and Arawak Homes have what it takes to defend themselves, we would like – for the sake of the record- to tell the public that, we abhor some of the most recent attempts made to demonize this man, his business and his family. For quite some time now, Mr. Wilson, his family and very many of his business associates have been the intended victims of any number of slurs, charges, innuendoes and a host of unfortunate characterizations – which taken together – amount to one of the nastiest cases of collective character assassination in today’s Bahamas.
This latest effort comes on the heels of some of Arawak Homes’ legitimate attempts to take full and free possession of lands that belong to them – as attested and affirmed by the highest courts in our land.
Were we living in a place where good sense and the rule of law happened to be the order of the day, this would have been the end of the matter as far as Arawak Homes and its principals were concerned.
As for the gangsters who duped the poor; those whose duty it is to ferret out and bring to justice such crooks should be given the time, the resources and other materiel needed to bring them all before the courts.
It is incontestably factual that, "Blatant fraud and dishonesty" have left scores of Bahamians without good title to their homes on a 150-acre tract of land near Pinewood Gardens…”
We also know that it is a fact that, some of this fraud’s perpetrators have gone so far as to falsify a Supreme Court judge's order in an apparent bid to cover their tracks.
In addition, we know that, in at least two Supreme Court judgments, we find a classic tale of how a greedy group hiding behind the name Horizon Systems, aided and abetted by unscrupulous attorneys, have exploited poor, unsuspecting Bahamians for their own financial gain.
In this regard, note that, in one of the said judgments –as rendered by former Senior Justice John Lyons on November 7, 2003 – there is evidence galore to show that John Sands, aided by his attorney Leon Smith, of Smith, Smith & Co, fraudulently induced the Supreme Court to issue him a Certificate of Title to the 156-acre tract on November 30, 1990, via a Quieting Titles action.
We also know that, it was precisely this Certificate of Title, which was set aside by the Supreme Court; with such “titles” being of absolutely no value. And for sure, these rulings do show that Arawak Homes has good title to the land; and that the real grievance the homeowners do have is with the fraudsters who sold them land in the first place.
Evidently, those people who used attorneys to conduct title searches are best placed to recover their money; this because they can sue those lawyers for negligence and claim against their professional indemnity insurance. As regards the second judgment, delivered by Supreme Court Justice Hartman Longley, it was found that within a week of obtaining his fraudulent Certificate of Title, John Sands had conveyed the entire 156 acres of land to Horizon Systems for a collective $107,000.
Mr. Leon Smith acted for both seller and purchaser.
This action was in clear breach of a 1991 Supreme Court injunction preventing Mr. John Sands from selling any part of the 156 acres in question. Clearly, then, this means that both Mr. Sands and Horizon Systems were then in blatant contempt of the court.
But as telling happens to be the fact that, Horizon Systems then, according to Justice Longley's ruling, began selling lots to Bahamians, many of whom were relatively poor and lacked the means to pay attorneys to conduct title searches on their behalf.
Here the bottom line is that, Justice Longley had already ruled that Horizon Systems had not and did not acquire any title or interest in the 156 acres as a result of the original fraud; thus the issuance of an injunction against it to prevent it from selling any more lots.
At this juncture, then, there is a crying need for those who continue to bay at the Wilson family to cease and desist; and for those who did the harm to the fine folks currently in disputed occupation on lands owned by Arawak Homes to be brought to justice.
November 9th. 2010
jonesbahamas
By Felix Bethel
jonesbahamas
Regrettably, the Wilson family, Arawak Homes and some of their business associates have become and now stand as objects of scorn and easy vilification by many Bahamians who cling to their misguided views concerning some acreages of land in Pinewood Gardens that clearly belong to Arawak Homes.
This matter begs for a solution that might well be compared with one such that could be made by a modern-day Solomon; such a one that would recognize the views, values and aspirations of those people who were duped, ripped off and otherwise abused by any number of fraudsters.
While we know it for a fact that, Mr. Franklyn R. Wilson, his family and Arawak Homes have what it takes to defend themselves, we would like – for the sake of the record- to tell the public that, we abhor some of the most recent attempts made to demonize this man, his business and his family. For quite some time now, Mr. Wilson, his family and very many of his business associates have been the intended victims of any number of slurs, charges, innuendoes and a host of unfortunate characterizations – which taken together – amount to one of the nastiest cases of collective character assassination in today’s Bahamas.
This latest effort comes on the heels of some of Arawak Homes’ legitimate attempts to take full and free possession of lands that belong to them – as attested and affirmed by the highest courts in our land.
Were we living in a place where good sense and the rule of law happened to be the order of the day, this would have been the end of the matter as far as Arawak Homes and its principals were concerned.
As for the gangsters who duped the poor; those whose duty it is to ferret out and bring to justice such crooks should be given the time, the resources and other materiel needed to bring them all before the courts.
It is incontestably factual that, "Blatant fraud and dishonesty" have left scores of Bahamians without good title to their homes on a 150-acre tract of land near Pinewood Gardens…”
We also know that it is a fact that, some of this fraud’s perpetrators have gone so far as to falsify a Supreme Court judge's order in an apparent bid to cover their tracks.
In addition, we know that, in at least two Supreme Court judgments, we find a classic tale of how a greedy group hiding behind the name Horizon Systems, aided and abetted by unscrupulous attorneys, have exploited poor, unsuspecting Bahamians for their own financial gain.
In this regard, note that, in one of the said judgments –as rendered by former Senior Justice John Lyons on November 7, 2003 – there is evidence galore to show that John Sands, aided by his attorney Leon Smith, of Smith, Smith & Co, fraudulently induced the Supreme Court to issue him a Certificate of Title to the 156-acre tract on November 30, 1990, via a Quieting Titles action.
We also know that, it was precisely this Certificate of Title, which was set aside by the Supreme Court; with such “titles” being of absolutely no value. And for sure, these rulings do show that Arawak Homes has good title to the land; and that the real grievance the homeowners do have is with the fraudsters who sold them land in the first place.
Evidently, those people who used attorneys to conduct title searches are best placed to recover their money; this because they can sue those lawyers for negligence and claim against their professional indemnity insurance. As regards the second judgment, delivered by Supreme Court Justice Hartman Longley, it was found that within a week of obtaining his fraudulent Certificate of Title, John Sands had conveyed the entire 156 acres of land to Horizon Systems for a collective $107,000.
Mr. Leon Smith acted for both seller and purchaser.
This action was in clear breach of a 1991 Supreme Court injunction preventing Mr. John Sands from selling any part of the 156 acres in question. Clearly, then, this means that both Mr. Sands and Horizon Systems were then in blatant contempt of the court.
But as telling happens to be the fact that, Horizon Systems then, according to Justice Longley's ruling, began selling lots to Bahamians, many of whom were relatively poor and lacked the means to pay attorneys to conduct title searches on their behalf.
Here the bottom line is that, Justice Longley had already ruled that Horizon Systems had not and did not acquire any title or interest in the 156 acres as a result of the original fraud; thus the issuance of an injunction against it to prevent it from selling any more lots.
At this juncture, then, there is a crying need for those who continue to bay at the Wilson family to cease and desist; and for those who did the harm to the fine folks currently in disputed occupation on lands owned by Arawak Homes to be brought to justice.
November 9th. 2010
jonesbahamas
Wednesday, September 8, 2010
The Progressive Liberal Party (PLP) should do a memory check
The PLP should do a memory check
tribune242 editorial
WELL FOR Pete's sake look whose talking!
In yesterday's Tribune the PLP criticised the "inept" FNM government for allowing crime to spiral out of control.
The PLP also condemned the FNM for failing to conduct a salary review for judges as is required by the Judges Remuneration and Pensions Act. Have they forgotten the furore created during their administration in 2006 when Justice John Lyons accused the PLP government of causing a constitutional crisis and showing a "manifest disregard for the rule of law" by failing to conduct a review of justices' salaries -- the very same Judges Remuneration and Pensions Act of which they now complain?
At the time of the Lyons' accusation the country could have afforded such a review of salaries. However, in today's economic climate, such a salary review for judges or anyone else in the civil service would put too great a strain on the Public Treasury.
In a controversial ruling in that year, Justice Lyons claimed that the PLP government had deliberately ignored a law designed to protect the constitutional independence of "that body of persons whose task is to protect all persons in the Bahamas against abuses of their constitutional right.
"If this was a deliberate act by the Cabinet (the Christie Cabinet) then -- and there is no dull edge to this -- this must be considered a deliberate attack on the independence of the judiciary. And that, in turn, is an attack on the fundamental constitutional right enjoyed by all persons in this country," said Justice Lyons.
Some angry words were exchanged with Justice Lyons accusing then Attorney General Allyson Maynard Gibson of using her "swift justice" system as a "self-promoting" piece of headline hunting and Mrs Gibson counter attacking from the security of the House of Assembly to pour equal scorn on the judge in denouncing his assertions as "misleading."
The Bahamas Bar Association agreed with the judge that if judges had to rely on the discretion of politicians for salary increases, the impartiality of their judgments could be compromised.
"You are losing half of your judiciary in 12 months," Justice Lyons said in a speech to a financial group. He talked of the backlog of cases, of the length of time accused persons on remand had to wait in prison for a court date, of one judge having to do the work of five -- all the same complaints now facing Attorney General John Delaney, who was appointed to his post on November 25, 2009.
At the time even Court of Appeal President Dame Joan Sawyer sided with Justice Lyons, admitting that she had had "personal experience of the executive trying to manipulate the judiciary."
"When you destroy the public's faith in the independence of the judiciary, to which court do you take your case?" she wanted to know.
And in the Senate, Senator Delaney, criticised then Attorney General Maynard Gibson for using the House to launch her attack on Justice Lyons' integrity.
"While the current crisis may have started with the government failing (twice) in its legal obligations under the Judges Remuneration and Pensions Act, the assailing of the character of a sitting judge is a separate and most egregious act by our Attorney General," said Senator Delaney.
Surely, the PLP who made the statement to the press yesterday are not so ignorant of their own history that they would make themselves look so foolish in pubic print. Or maybe their arrogance is such that they believe that Bahamians, like themselves, also have weak mental recall.
They also criticised the FNM government for allowing crime to spiral out of control, forgetting that crime has no nationality, nor has it any politics. Crime started to spiral out of control in the eighties when drugs took control of this country. And everyone knows under whose administration that occurred when Bahamians were made to believe that wealth, however obtained, was the sign of success, and it was nobody's business "whether I make it or I 'tief it!"
They also complain about not bringing offenders to justice and allowing persons who intimidate witnesses to continue to roam our streets -- the very criticism that we have of our judiciary's generosity with bail.
They talk of the serious criminal cases pending. This accumulation of a backlog didn't start under the FNM. We are particularly concerned about the murder of one of our staff during that administration, a case that could have been brought to a quick conclusion because of the number of eyewitnesses. However, the accused in this case is one of those walking the streets on bail.
As for our assessment of the Bahamian judiciary as a colossal failure, we make no apologies. Nor should anyone assume that this conclusion was aimed solely at our judges. Our lawyers are the largest part of this judicial body. The examination of conscience should start within "the honourable profession."
Attorney General Delaney knows the problems -- an accumulation of years of mismanagement. He has pinpointed the areas in need of reform and started the process. Not only should he be given time, but he should be given the resources and personnel to do the job.
September 07, 2010
tribune242 editorial
tribune242 editorial
WELL FOR Pete's sake look whose talking!
In yesterday's Tribune the PLP criticised the "inept" FNM government for allowing crime to spiral out of control.
The PLP also condemned the FNM for failing to conduct a salary review for judges as is required by the Judges Remuneration and Pensions Act. Have they forgotten the furore created during their administration in 2006 when Justice John Lyons accused the PLP government of causing a constitutional crisis and showing a "manifest disregard for the rule of law" by failing to conduct a review of justices' salaries -- the very same Judges Remuneration and Pensions Act of which they now complain?
At the time of the Lyons' accusation the country could have afforded such a review of salaries. However, in today's economic climate, such a salary review for judges or anyone else in the civil service would put too great a strain on the Public Treasury.
In a controversial ruling in that year, Justice Lyons claimed that the PLP government had deliberately ignored a law designed to protect the constitutional independence of "that body of persons whose task is to protect all persons in the Bahamas against abuses of their constitutional right.
"If this was a deliberate act by the Cabinet (the Christie Cabinet) then -- and there is no dull edge to this -- this must be considered a deliberate attack on the independence of the judiciary. And that, in turn, is an attack on the fundamental constitutional right enjoyed by all persons in this country," said Justice Lyons.
Some angry words were exchanged with Justice Lyons accusing then Attorney General Allyson Maynard Gibson of using her "swift justice" system as a "self-promoting" piece of headline hunting and Mrs Gibson counter attacking from the security of the House of Assembly to pour equal scorn on the judge in denouncing his assertions as "misleading."
The Bahamas Bar Association agreed with the judge that if judges had to rely on the discretion of politicians for salary increases, the impartiality of their judgments could be compromised.
"You are losing half of your judiciary in 12 months," Justice Lyons said in a speech to a financial group. He talked of the backlog of cases, of the length of time accused persons on remand had to wait in prison for a court date, of one judge having to do the work of five -- all the same complaints now facing Attorney General John Delaney, who was appointed to his post on November 25, 2009.
At the time even Court of Appeal President Dame Joan Sawyer sided with Justice Lyons, admitting that she had had "personal experience of the executive trying to manipulate the judiciary."
"When you destroy the public's faith in the independence of the judiciary, to which court do you take your case?" she wanted to know.
And in the Senate, Senator Delaney, criticised then Attorney General Maynard Gibson for using the House to launch her attack on Justice Lyons' integrity.
"While the current crisis may have started with the government failing (twice) in its legal obligations under the Judges Remuneration and Pensions Act, the assailing of the character of a sitting judge is a separate and most egregious act by our Attorney General," said Senator Delaney.
Surely, the PLP who made the statement to the press yesterday are not so ignorant of their own history that they would make themselves look so foolish in pubic print. Or maybe their arrogance is such that they believe that Bahamians, like themselves, also have weak mental recall.
They also criticised the FNM government for allowing crime to spiral out of control, forgetting that crime has no nationality, nor has it any politics. Crime started to spiral out of control in the eighties when drugs took control of this country. And everyone knows under whose administration that occurred when Bahamians were made to believe that wealth, however obtained, was the sign of success, and it was nobody's business "whether I make it or I 'tief it!"
They also complain about not bringing offenders to justice and allowing persons who intimidate witnesses to continue to roam our streets -- the very criticism that we have of our judiciary's generosity with bail.
They talk of the serious criminal cases pending. This accumulation of a backlog didn't start under the FNM. We are particularly concerned about the murder of one of our staff during that administration, a case that could have been brought to a quick conclusion because of the number of eyewitnesses. However, the accused in this case is one of those walking the streets on bail.
As for our assessment of the Bahamian judiciary as a colossal failure, we make no apologies. Nor should anyone assume that this conclusion was aimed solely at our judges. Our lawyers are the largest part of this judicial body. The examination of conscience should start within "the honourable profession."
Attorney General Delaney knows the problems -- an accumulation of years of mismanagement. He has pinpointed the areas in need of reform and started the process. Not only should he be given time, but he should be given the resources and personnel to do the job.
September 07, 2010
tribune242 editorial
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