...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

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

Bahamas Blog International

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.