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 Leon Smith. Show all posts
Showing posts with label Leon Smith. 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
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