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VOLUME:115 No.29, JANUARY 3RD, 2018

THE PEOPLE’S PAPER: $1

BAHAMIANS HAVE THEIR SAY ON MARITAL RAPE - SEE PAGE TEN

‘Send illegals home by end of this week’

Spotlight turns on employers over migrants

By KHRISNA RUSSELL Deputy Chief Reporter krussell@tribunemedia.net EMPLOYERS in the country have the remainder of this week to send all illegal employees home, Immigration Minister Brent Symonette warned yesterday as he signalled the Minnis administration’s “aggressive” campaign to clamp down on private businesses in the coming days.

Anyone found employing illegal migrants will face a cash fine and criminal sentencing before the courts, Mr Symonette continued.

In the aftermath of the government’s December 31 deadline for all illegal

immigrants to leave the country voluntarily or face aggressive pursuit and deportation, Mr Symonette said there are also plans to make the penalties for those who break the law more stringent.

“So we’ll continue aggressively this year starting on every nationality who is here,” Mr Symonette said yesterday ahead of the morning session of Cabinet. “Those persons from whichever country they came from who have not regularised themselves have had their time to regularise themselves and the natural consequences will flow.”

SEE PAGE THREE

GET WELL SOON

A LONG-ANTICIPATED legal opinion from the Office of the Attorney General complicates the Minnis administration’s effort to create a National Health Insurance (NHI) programme that fits its preferences and will likely limit the administration’s ability to quickly accomplish its NHI goals, Health Minister

Dr Duane Sands confirmed yesterday.

As one of its first official acts, the board of the National Health Insurance Authority (NHIA) sought a legal opinion about whether the actions of the National Health Insurance (NHI) Secretariat – established by the previous Christie administration – were legal and potentially binding.

SEE PAGE THREE

BETHEL ACTS TO ADDRESS MARITAL RAPE

By KHRISNA RUSSELL Deputy Chief Reporter krussell@tribunemedia.net

ATTORNEY General Carl Bethel told The Tribune yesterday an amendment to the Sexual Offences and Domestic Violence Act has been drafted in response to widespread calls from the public for the Minnis administration to criminalise marital rape.

This issue was reignited last month after United Nations Special Rapporteur on Violence Against Women Dubravka Šimonovic said marital rape is the most pressing gender-based issue facing The Bahamas. She stressed the legality of spousal rape is a sign that something is deeply wrong, adding the issue could be easily resolved through legislative changes.

SEE PAGE SIX

FREEPORT MURDER IS YEAR’S FIRST

By DENISE MAYCOCK Tribune Freeport Reporter dmaycock@tribunemedia.net

‘NHI LEGAL’ RULING UPSETS OVERHAUL

By RASHAD ROLLE Tribune Staff Reporter rrolle@tribunemedia.net

When leaders fail to lead - Page Eight

PM HEADS FOR OP PRIME Minister Dr Hubert Minnis pictured during the New Year Junkanoo. He is headed for a minor operation - see page five for the full story.

Photo: Shawn Hanna/Tribune Staff

TOUR PROBES JAPANESE CAR EXPORTS

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

A BAHAMIAN delegation is aiming to prevent this nation from becoming “a dumping ground” for poor-quality used cars through this weekend’s mission to Japan.

The mixed public and private sector group, headed by Standards Bureau executives, will assess the pre-export inspection process for

used Japanese vehicles as part of efforts aiming to better protect the welfare of both Bahamian consumers and the environment.

Dr Renae Ferguson-Bufford, the Bahamas Bureau of Standards and Quality’s (BBSQ) director, told Tribune Business that the group was responding to a Japanese invitation about whether this nation wanted pre-inspection services performed on imported used cars.

Dr Ferguson-Bufford, who is heading a delegation that includes the Prime Minister’s wife, in her capacity as a Standards Bureau Board member, said the visit would focus on one vehicle testing company, EAA Company Ltd, to determine whether its facilities were compliant with International Standards Organisation (ISO) 1725 certification.

FULL STORY - SEE BUSINESS

Nassau & Bahama Islands’ Leading Newspaper

THE country recorded its first homicide for 2018 when a man was discovered shot dead in Freeport on New Year’s Day. According to police, officers in Grand Bahama received reports of a shooting after 11pm Monday. A team was sent to the Gladstone Terrace area where police found the body of a man with gunshot wounds.

Assistant Superintendent Terecita Pinder said EMS examined the body, but found no signs of life.

Although police have not released the victim’s name, the deceased is said to be Joel Augustine, an electrician.

SEE PAGE TWO

GB POWER TAKEOVER APPROVED

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

THE Government was last night accused of “turning the clock back 30 years on Bahamian ownership” after it decided not to block the $35m GB Power buy-out.

The Minnis administration, in a statement yesterday evening, said it had approved the minority investor buy-out by Emera while admitting this was contrary to its goal of creating wealth/ownership opportunities for Bahamians.

FULL STORY - SEE BUSINESS

PAGE 2, Wednesday, January 3, 2018

THE TRIBUNE

T wo face court accused of murders

By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net TWO men in their midtwenties were arraigned in a Magistrate’s Court yesterday in connection with two separate murders which took place over the weekend, one of which occurred at a party on Boxing Day. Anastoyan Rolle, 26, of Malaysia Way, and Charles Whyms, 24, of East Street, each stood before Chief Magistrate Joyann Ferguson-Pratt facing murder charges stemming from incidents that occurred on December 26 and 27, respectively.

Concerning Rolle, it is alleged that on December 26 he murdered 25-yearold Alexander Rahming of Elizabeth Estates, and attempted to murder Donnice Nottage.

Regarding Mr Rahming’s murder, according to police reports, shortly

before 1am, he was attending a party at Commonwealth Boulevard in Elizabeth Estates when he was approached by a man with a firearm who shot him before fleeing on foot.

Mr Rahming was pronounced dead at the scene.

Meanwhile, Whyms was charged with murdering Omar Dorsette a day later.

According to reports, shortly after 3pm on the day in question, Mr Dorsette was in his home at Sixth Street, Coconut Grove when two men armed with firearms entered and shot him before fleeing in a Honda vehicle.

He was pronounced dead on the scene. No one else in the home was injured, according to initial reports.

Both men were not required to enter a plea and their matters were adjourned to February 26 for service of a voluntary bill of indictment (VBI).

They were remanded to

ANASTOYAN ROLLE, left, and Charles Whyms, outside court yesterday. the Bahamas Department of Correctional Services (BDCS) in the interim.

Meanwhile, a 19-yearold was arraigned before the chief magistrate over allegations he robbed two people at knifepoint of over $500 worth of merchandise and cash combined.

Ranoldo Rhoden, of

Father Calnan Road, faced two separate charges of armed robbery and another two of receiving in connection with the December 28 incidents.

It is alleged that on the day in question, Rhoden robbed an individual of one gold watch worth $320 and $3 cash, and robbed

Photos: Terrel W. Carey/Tribune Staff

another individual of a Samsung cellphone worth $235 along with $35 cash.

He is also charged with illegally receiving the aforementioned items and cash.

However, subsequent to the chief magistrate reading off the particulars of the first armed robbery charge, Rhoden indicated to the

court that he was not armed during the alleged incident.

Foreshadowing potential legal issues arising from Rhoden’s statement, the chief magistrate adjourned the matter to January 16 for a status hearing to allow Rhoden and his family to instruct attorney Alex Dorsett on how to proceed.

THREE CHARGED OVER $1.6M MARIJUANA SEIZURE

By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net

TWO Bahamian men and a Jamaican national were arraigned in a Magistrate’s Court yesterday in connection with a million-dollar drug bust that took place in waters off South Andros last week.

Valentino Carey, 41, Dwayne Forbes, 45, and 47-year-old Donovan Hart of St Catherine, Jamaica, stood before Magistrate Samuel McKinney on several drug related charges stemming from the December 28 drug seizure off Mangrove Cay. It is alleged on that day, in waters off Mangrove Cay and being concerned together, they were found in possession of a quantity of marijuana and imported the drugs into the country.

It is further alleged that between December 6 and

December 28, the three men conspired to possess dangerous drugs with intent to supply and also conspired to import dangerous drugs.

Both Carey and Forbes entered not guilty pleas to all of the charges. Hart, after expressing his desire to not waste the court’s time, pleaded guilty to all of the charges, resulting in the prosecution reading a summary of the facts.

According to reports, on the day in question officers from the Drug Enforcement Unit (DEU) received certain information of suspected marijuana in the Mangrove Cay area. Subsequent to acting on this information, and while near Mangrove Cay, officers observed a gray and blue go-fast vessel with three males on board.

They also noticed another vessel adjacent to the go-fast vessel.

FREEPORT MURDER IS YEAR’S FIRST

from page one

ASP Pinder said police are investigating the matter as a homicide and are appealing to anyone with information that can assist them to call police at 242-350-3107 through 12, 911,919, or the nearest police station.

In other news, police in Abaco discovered a firearm on Sunday in Murphy Town.

ASP Pinder said shortly after 4pm, officers acting on information went to an area near the Fish Fry off S C Bootle Highway where they found a silver and brown coloured pistol.

FROM left, Donovan Hart, Valentino Carey and Dwayne Forbes outside court.

As officers approached the vessels in question, one of the males jumped from the go-fast vessel into the water, while the go-fast vessel sped off. Officers gave a brief chase, but eventually caught up with and boarded the go-fast vessel and encountered two of the three males, one of whom was Hart.

A search of Hart’s person proved negative, according to the prosecution.

However, upon searching various compartments of the go-fast vessel, officers discovered some 55 sacks of suspected marijuana.

The drugs weighed 1,606 pounds and have an estimated street value of $1,606,000.

The third male was eventually retrieved from the water, the marijuana was seized, and the three men were arrested and cautioned.

When interviewed by DEU officers, Hart said while he was in Jamaica he spoke to a man he only knows as “Garfield” who told him about the boat in question, and that he could catch a ride on that vessel to an unspecified location.

The prosecution alleged that on December 27, Hart said he and another Jamaican national, along with two to three Bahamians, one of whom was Carey, boarded the go-fast vessel.

Upon doing so, the prosecution claimed Hart said he

noticed it was stocked with suspected marijuana.

The vessel eventually made its way into Bahamian waters, where it encountered engine difficulties on two separate occasions. On the latter occasion on December 28, they were assisted by individuals aboard two white boats, and it was on one of those boats some of the marijuana was offloaded.

It would be later on that day when police would intercept the boat the three men were on and subsequently arrest them.

However, Hart insisted that he did not agree with all of the facts outlined in the prosecution’s summary.

He maintained that he did

not know drugs were on the boat, and when he first got on the boat, it was already ready to leave.

Hart also maintained that nothing of a suspicious nature was visible to him, and that it was the first time he would have met the other persons on board.

Magistrate McKinney subsequently stated he would not be able to accept Hart’s guilty pleas and consequently convict him after hearing him express that he was unaware that the drugs were on board the vessel in question.

He subsequently adjourned the matter to February 26 and 27 for trial. The three men were remanded into custody in the interim.

THE TRIBUNE

Wednesday, January 3, 2018, PAGE 3

‘Send illegals home by end of this week’ from page one “As I announced on January 1, we are also going to enforce a rule that is on the books that employers who employ persons illegally will also be prosecuted. Up to now we have tended to not deal with that so now for instance (this applies to) building sites (and) business houses so on and so forth.

Those owners should make sure that this week they send those persons home or else they face a fine and criminal sentence.

“We talk about criminal sentences and a lot of people take this very lightly but you know when you go to get your US visa and you have a criminal record, we all know what happens. “So I really implore employers to ensure that they take this seriously because it will be a new issue.”

He added: “On another point, we are looking at and we probably will later this year increase the penalties for employers hiring illegal immigrants and that’ll follow. I will say at this point

SOME of the migrants detained recently. that this is not targeted at He said the government any particular nationality, it will also look at ways to is targeted across the board. beef up detecting repeat So whether you’re a banker offenders, meaning those or a gardener, a landscaper, who repeatedly enter the whatever industry you’re in country illegally despite will be targeted right across deportation. the board.”

“We are going to look at However, those who that too, the whole queshave begun the process to tion of fingerprinting. We regularise employees have are investigating the whole nothing to fear, once the question of footprints, receipt of this process is footprints of persons at presented, he said. birth and when the new

computer system comes on track at immigration we’ll have hand held computers whereby you can check that.”

Mr Symonette also clarified misconceptions of the government’s immigration policy.

“Let’s correct something I think we said the other day about policy. There’s no new policy. The policy and the law has always been in effect for years, that to be in The Bahamas you have to be in The Bahamas legally.

“The difference that the prime minister announced is we are not going to tolerate persons who are here illegally, so, ie, persons who are breaking the law have the opportunity to regularise themselves or the full effect of the law will happen.

“We are now on January 2, 2018. Between Christmas and New Year’s there were several apprehensions the Friday before New Year’s.

We repatriated 114 nationals back to Haiti and it’s interesting to know that in the first sort of couple months we deported 2,800

nationals and 2,500 of them were deported to Haiti.

“So that gives you an idea as to the numbers that we had. Between Christmas and New Year’s, we had 13 Ecuadorians and one Jamaican apprehended, which is an interesting new trend where we are getting persons from South America. We are getting a lot of people from Africa so in terms of the bulk of people that are apprehended on the water they’re mainly Haitian nationals and other persons come up to get into America.”

The Royal Bahamas Defence Force apprehended nearly 100 illegal migrants in three separate incidents over the holiday weekend.

In the first incident, RBDF officers caught 76 Haitian migrants on Saturday in waters near the Exuma chain. This was the third group of Haitians to be captured in The Bahamas in recent weeks.

Also on Saturday, officers took six undocumented immigrants into custody after they were discovered at a local resort on North

Bimini. Hours later, early on Sunday morning, nine foreign nationals were turned over to a RBDF patrol craft by a tanker off Grand Bahama.

The RBDF said the latest apprehensions came as it continues to unfold its coastal and maritime security strategies to interdict people engaged in drug, human, gun and wildlife smuggling, in addition to poaching of marine resources by local and foreign fishermen along with a recent increase in boat theft.

According to the head of the Department of Immigration’s Enforcement Unit, Kirklyn Neely, the Department of Immigration deported nearly 7,000 people in 2017.

The Department of Immigration intensified its apprehension efforts in November after a large empty sloop was discovered on the shoreline of Adelaide Beach. Officials believe dozens of undocumented migrants were on board that sloop and had help evading capture.

‘NHI LEGAL’ RULING UPSETS OVERHAUL from page one

This was because even before the NHI board was established and key provisions of the NHIA were published in a gazette, the secretariat entered into numerous contracts with residents and healthcare providers.

Nonetheless, the AG’s Office has said in its opinion delivered to Dr Sands the secretariat’s actions were essentially legal.

The NHIA board cannot make significant changes to the programme therefore without considering the legal and financial implications connected to the preexisting arrangements the NHI Secretariat entered into.

“We requested a review of the decisions made by the secretariat subsequent to April 2017 and certainly while there were irregularities, the basis of the decision making process was consistent with the spirit of what was intended and the Attorney General’s Office was of the opinion that a duly constituted board could rarify even retroactively the decisions made by the secretariat even though at the time there had been no standing for those decisions to be made,” Dr Sands said.

The Bahamas Insurance Association (BIA) and leaders in the insurance community had argued that the secretariat’s actions were illegal and should not be ratified by the board.

They called for the board to restart the NHI programme from scratch.

Dr Robin Roberts, chairman of the NHI Authority, also said in November that his board found itself in

a dilemma as it awaited the legal opinion and had decided to honour the various contracts that had been established until it received guidance on how it could proceed.

“This significantly complicates things,” Dr Sands said yesterday. “You have existing contracts which afford care for more than 30,000 or so people who have come to rely on that care and you have contracts with providers who provide healthcare; they would’ve signed up in good faith and they have now been utilising or providing services; that has implications in terms of financial commitments, exposure for the board and for NHI and so moving forward we have to project the impact of those commitments on the budget but also on the flexibility of the board which has to roll-out a revised product while its hands are tied by these preexisting arrangements. You have a situation where things were not done entirely legally and yet you’re between the devil and the deep blue sea.”

The NHI board will still consider renegotiating contracts the secretariat previously entered into, Dr Sands said, adding that a final recommendation on this won’t likely be made this fiscal year. During last year’s budget debate, Dr Sands revealed that a medical provider could make as much as $300,000 per year under the scheme established by the secretariat.

“Where is that money going to come from?” he said at the time, adding he had instructed the NHIA to revisit some of the decisions that it met in place.

Yesterday he said: “Things will remain the same as it relates to primary care. The board finds itself in a peculiar situation because it now has to make big decisions. They are not starting with a blank slate.

They have something to fix that was broken. They have an awesome task to provide a realistic budget and a completely revised programme that is more consistent with fiscal responsibility and common sense than what the secretariat, which had seemingly no restrictions whatsoever, did. They have to do this while taking into consideration all the preexisting arrangements.”

As it awaited an opinion on how it could address the decisions it met in place, the NHI board worked to create a new model for NHI, placing greater emphasis on catastrophic healthcare coverage and on ensuring the programme could be properly paid for.

Dr Sands said the board will be ready to present its model to the country soon.

It is a model that will likely involve imposing some kind of tax.

Dr Sands revealed that to date the NHI Authority has received 34,592 NHI enrollment applications.

He said there are 29,539 beneficiaries enrolled in the programme who are able to access primary healthcare services.

Since its appointment, the NHI board, The Tribune understands, has not made many appointments to key administrative positions because it has prioritised preparing a model for the programme.

Dr Delon Brennen is the acting managing director of the NHI Authority.

Key administrative

NOTICE

The offices of The Tribune and Radio House

WILL BE CLOSED

from 12 noon on Friday, January 5th, 2018 and will re-open at 9am on Monday,January 8th, 2018.

positions include that of benefits manager, facilities manager, organisational development manager, legal clerk, financial controller and technical support officer. However, only one of these is filled by someone directly appointed by the board: Financial Controller Patrick Hanlan.

People in the other roles were appointed by the NHI Secretariat and it is unclear how the board will proceed with their contracts.

The NHIA has advertised a number of key positions in recent months, including for a human resources director, board secretary and a deputy director of information and communications technology, The Tribune understands.

DR DUANE SANDS MP

PAGE 4, Wednesday, January 3, 2018

THE TRIBUNE

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What next for the US rollercoaster?

WHAT will the New Year bring for American politics? It’s hard to find two people who will agree on that suddenly existential question, but there is undeniably something stirring among voters in the United States. For a change, they are truly engaged.

The election of Donald Trump as president in 2016 seemed cataclysmic at the time, but close observers of the American political scene had detected decades of growing malaise and disengagement outside the Washington Beltway. A political elite drawn from both parties had been revealed as increasingly corrupt and inattentive to both the national interest and the well being of its citizens and supporters.

Trump’s election punished both major US political parties.

Unlike most of his fellow office holders in so many ways, Trump has proudly and notably stuck to his campaign promises, boasting repeatedly that he is governing for the stubbornly obdurate base that represents his consistent source of support and has impeded any serious Republican attempt to separate from him. Trump’s base, as far as the polls show, also represents around 35 percent of US voters.

Trump’s record so far is objectively mixed, as with most newly elected American presidents. To his credit, the stock market has soared and unemployment has dipped while the inflation rate in the economy has barely nudged upward. In fact, the US Federal Reserve Bank has begun to raise interest rates in the belief that some inflation is necessary to stimulate further economic growth.

Many of the same Americans on both the east and west coasts whose hatred for and vilification of Trump fuels much of the contemporary US political discord have, ironically, seen their stock portfolio values rise by as much as 20 percent and more.

How much credit is due to Trump is uncertain, but it would be shortsighted to suggest that anticipation for the Republican tax bill with its corporate tax cuts was not a factor in the economic surge. Large corporations and banks have been major beneficiaries of the GOP tax cuts, and if they react responsibly, a period of even more sustained growth is possible, even likely.

“It’s the economy, stupid!” has become a reliable bellwether catchphrase in American politics for over a generation. So what’s the problem for

Trump and the Republicans?

Well, for one thing, there is his persistently, unabashedly adolescent behaviour. Trump has become a national embarrassment. And his allegiance to nativist, isolationist and protectionist dogma threatens America’s place in the world. The United States, described proudly by Ronald Reagan as the “shining city on the hill”, seems to be on an inexorable slide into the gutter. His seeming disavowal of climate change and free trade has convinced many the US no longer has the will to be a positive force in the world.

Now that 2018 is upon us, Americans across the political spectrum increasingly eye the November elections as a transcendent opportunity.

Democrats and Trump-haters in both parties are beginning to talk publicly of an electoral landslide this year that would overturn Republican majorities in the House and the Senate. The Democrats would need to gain 24 seats to regain control of the House of Representatives and, after their stunning upset win in Alabama last month, only two seats to recapture the Senate. Yet their best chance of a big win lies in the House.

Big swings in the lower house are not uncommon in the first bi-election after the presidency changes political hands.

The last time this happened was only eight years ago. Barack Obama and the Affordable Care Act were major issues, and the Democrats were routed.

The Republicans gained a staggering 63 seats, recapturing control of the House.

In apparent preparation for a Democratic triumph in the House, the party has just installed as its Judiciary Committee ranking minority leader Jerry Nadler, a veteran New York congressman and constitutional law expert who could become the committee chair and Trump’s lead prosecutor in any impeachment proceedings.

The Senate is much tougher for Democrats, both because they are defending far more contested seats and which states are in play. But the Senate is worth watching, because it is there that an impeached (indicted) president could be tried, convicted and forced from office.

One thing is for certain, this will be a year where the rollercoaster ride of American politics driven by the Trump presidency has many twists and turns still to go.

Unfair calls to quit EDITOR, The Tribune.

THE recent calls for the resignation of Lanisha Rolle over her marital rape comments are outlandish. Freedom of speech is a basic tenent of the ‘human rights’ movement and indeed of democratic societies. Increasingly, I have observed that the right to exercise this freedom is given willy-nilly based on the views of the self appointed human rights watchdogs.

Mrs Rolle has a right to her opinion on marital rape

or any other matter, even as a Minister of Social Services. She is not speaking in her capacity as minister, she is not stating the position of government on the matter. She is simply stating her opinion. In fact she has a right to say that she agrees with marital rape as her personal view. That is her right and it is a right that so called human rights groups should seek to protect, even if it flies in the face of their personal views.

There are many of her views I do not agree with, but I will defend her right

to have those views!

It is ironic that there are those who want to define what our ‘rights’ are based on what they would allow and want to use pressure to get their wishes. It seems we are we now transfixed in an Orwellian universe? It is clear these people have an agenda to promote conformity to their world view, not true freedom of speech. Is that democratic? Is that right?

JB Nassau, December 29, 2017.

Carifta Games hosting EDITOR, The Tribune.

CLOSING 2017, I see we are committing to host CARIFTA Games.

The sole and only condition should be that the event is totally funded by private sponsorship and NOT Ministry of Tourism or Ministry of Sports.

Yes we love committing to these events and they cost us millions with little return.

Commercially what

is the potential to host CARIFTA? CARIFTA are games for youth, young people under 18 years. Alone that eliminates any revenue in the Food & Beverage area for starters. Hotels will discount their rooms - those working in the hotels their share of gratuities decreases as the spend is minimal (surprised the Hotel Union does not raise this but then they are so inactive these days).

Get your private sponsors

lined up and cover 100 percent of the costs - only then should the Minnis Government approve this commitment.

This goes for lAAF relays - Popeye Bowl and any event Government will be called on to be the principle party putting up the cash and eventually paying for the losses.

W THOMPSON Nassau December 29, 2017.

Marital rape and the law EDITOR, The Tribune.

THE issue of marital rape is once again a topic for public discussion and I beg leave to enter the discourse with some thoughts of my own.

The idea that a husband could not be criminally liable for raping his wife is based upon the supposed legal notion that a husband and wife become one person at marriage, and accordingly the wife irrevocably consents to sexual intercourse with her husband for the duration of the marriage.

It is this idea that has led to the definition of rape in criminal statutes including an exemption of a spouse from liability for that crime against the other spouse. Accordingly, the definition of rape in section 3 of our Sexual Offences and Domestic Violence Act reads as follows: Rape is the act of any person not under 14 years having sexual intercourse with another person who is not his spouse (a) without the consent of that other person; (b) without consent which has been extorted by threats of fear of bodily harm (c) with consent obtained by personating the spouse of that other person; or (d) with consent obtained by false and fraudulent representations as to the nature and quality of the act.

Quite plainly, the words “who is not his spouse’ mean that the definition does not apply to a person who is having sexual intercourse with a spouse without his or her consent.

In 1990, however, the courts in England were required to look at the entire question of marital rape. R, a husband, was

LETTERS letters@tribunemedia.net convicted of attempting to rape his wife. He appealed that conviction on the ground of the purported marital exemption at common law. It was argued on his behalf that it is not legally possible for a man to rape his wife.

Both the Court of Appeal and the House of Lords upheld his conviction declaring that a marital rape exemption did not exist in English common law.

Lord Lane giving the judgment of the Court of Appeal expressed a view which I wholeheartedly share. He said the following: “The idea that a wife by marriage consents in advance to her husband having sexual intercourse with her whatever her state of health, or however proper her objection, is no longer acceptable. It can never have been other than a fiction, and a fiction is a poor basis for the common law.

“It seems to us that where the common law rule no longer even remotely represents what is the true position of a wife in present day society the duty of the court is to take steps to alter the rule if it can legitimately do so in light of relevant parliamentary enactment.

“We take the view that the time has arrived when the law should declare that a rapist remains a rapist subject to the criminal law irrespective of his relationship to his victim.”

The House of Lords later endorsed the position taken

by Lord Lane and dismissed the husband’s appeal to that court.

The Law Lords who

comprised the House of Lords are now the members of the United Kingdom Supreme Court, and by extension members of the Privy Council which is our Final Court of Appeal and so that decision is as highly persuasive as one can get to the decisions of courts in this country.

Unfortunately, the reference that was made by Lord Lane to “relevant parliamentary enactment” is the obstacle to the application of the R v R case to The Bahamas. Any parliamentary enactment covering the same subject as a common law rule but which is contrary to the rule will be considered as abolishing the rule.

The sexual offences and Domestic Violence Act of The Bahamas came into force in August, 1991 and represents the law of The Bahamas on rape at this time, and any changes in the law relative to marital rape must begin with the removal from the definition of rape in section 3 of that Act the words “who is not his spouse”. The removal of those words would remove any statutory exemption in favor of a spouse be it the husband or wife; because it should be noted that having regard to the definition of sexual intercourse in section 4 of the act it is legally possible for a man to be raped by a woman.

The ball is therefore in the court of parliament and it is up to them to decide whether they will return it by hitting a winning shot or committing an unforced error. I hope that they do hit the winning shot because then and only then would the Bahamian people be winners on this issue.

THOMAS AE EVANS, QC Nassau

THE TRIBUNE

Wednesday, January 3, 2018, PAGE 5

hedlinegoeshere fdgafgad

By RICARDO WELLS Tribune Staff Reporter rwells@tribunemedia.net THE Bahamas Carnival Band Owners Association (BCBOA) remains “fully committed” to staging Junkanoo Carnival’s annual Road Fever Parade, according to BCBOA President Dario Terrelli, who yesterday applauded the government’s decision to move towards privatising Bahamas Junkanoo Carnival.

“We in the Band Owners Association are more so now, ready to take the bull by the horns,” Mr Terrelli told The Tribune.

On Monday, Minister of Youth, Sports and Culture Michael Pintard announced the government was taking steps to withdraw direct government funding from all aspects of Junkanoo Carnival.

The Marco City MP said the Minnis administration didn’t want to be in the business of funding foreign cultures.

The government is also expected to remove Junkanoo components from the event, beginning with the festival name.

Additionally, the government has also mandated any enterprise needing

government subvention to host an event during the festival, namely concerts, must base its event around Bahamian acts.

In response yesterday, Mr Terrelli said the BCBOA had been aware of the government’s intention for “quite some time” and had already started the process necessary to ensure the continuation of its road parade.

Mr Terrelli said over the course of two meetings with Mr Pintard and officials at the Ministry of Youth, Sports and Culture, it was communicated to the association that the government intended to “do things

differently,” and in kind, the BCBOA requested “more ownership and management.”

“So we’ve been doing what we needed to do keep this thing going. We knew this would be a challenge, but we took the challenge anyway,” he said.

Asked how the move was being perceived by those in the BCBOA, Mr Terrelli said: “It’s time to work, we all know it. Those who have all the mouth, it’s time to find the money. We’ve been going around trying to raise all of the necessary funds, so this news is just the final push. We are now working hard to go out

and own (Road Fever) out right.”

In the past, the Bahamas National Festival Commission (BNFC), as an extension of the Ministry of Tourism, coordinated Junkanoo Carnival.

However, with the Minnis administration’s decision to halt all aspects of the BNFC, promotional efforts for Junkanoo Carnival 2018 were also stopped.

Asked if the move had adversely affected Junkanoo Carnival’s future viability, Mr Terrelli admitted the event had fallen behind its marketing schedule but was still “in a good place” thanks to the efforts

MINISTRY SENDS SYMPATHIES OVER SAILOR’S DEATH

By MORGAN ADDERLEY

THE Ministry of Agriculture & Marine Resources has released a statement offering “sincerest condolences” and “heartfelt sympathy” on the death of Cameron Williams, the teenage sailor who was killed in a tragic accident last week.

“At 15 years old, Cameron Williams was well on his way to becoming one of the true stars of sloop sailing in this country and possibly the world,” the ministry’s statement noted.

“Known throughout the sailing community as ‘Captain Cammy,’ his love for the sport and culture of Bahamian boat racing was well documented through his participation throughout our islands in regattas as well as his interest in all manner of sailing.

“His last regatta before his tragic passing was the Best of the Best Regatta sponsored by this ministry, held just a few weeks ago.

He was looking forward to competing in the Bul Reg

this year. Cameron’s interest in the design and building of Bahamian sloops at such a young age was also an indication of his love for the sport.

“His joy and exuberance for our sport was infectious and his ever present smile, win, lose or draw, will be greatly missed by us all. The Ministry of Agriculture & Marine Resources, and, in particular the regatta desk, expresses to the family of the late Cameron Williams, the people of Exuma and the national sailing community, our sincerest condolences and heartfelt sympathy on his untimely passing.

“May he rest in peace.”

According to the Royal Bahamas Police Force (RBPF), on December 28 Williams was “assisting with hoisting a sailboat (Lady Sonia) from the waters at the government dock in George Town when the crane that was being used snapped from the truck it was attached to, hitting the male and pinning him to the boat, which became submerged in

the water.”

Police said the teenager was rescued from the water and taken to the local clinic where he was pronounced dead. Another man was examined at the local clinic and was later airlifted to New Providence for further medical treatment.

A Facebook page associated with Exuma and Ragged Island MP Chester Cooper called the news “heart rending” and offered condolences to the young man’s family.

“Our condolences also go out to the Exuma Sailing Club and the entire sailing community,” the post said. “Cameron was a hard working young man, a wellbehaved student and sailing enthusiast who was taken too soon. Exuma mourns Cameron’s passing.

“We pray the strength of the Lord carries his family through this difficult time.

We are also praying for the recovery of Harcourt ‘Hacky’ Rolle who was injured in the accident this morning.”

of people who “truly love the concept.”

According to Mr Terrelli, Junkanoo Carnival is now featured on the coveted international carnival circuit, meaning the festival is promoted within international circles and during similar events.

“Carnival is here to stay,” Mr Terrelli continued.

“We want to make this a year-round industry. The opportunities are there and if we play this right, the success is there to be had.”

Junkanoo Carnival 2018 is scheduled for May 4-6 in New Providence and April 28-29 in Grand Bahama.

PM TO UNDERGO SURGERY TODAY

By RASHAD ROLLE Tribune Staff Reporter rrolle@tribunemedia.net

CAMERON WILLIAMS

PRIME Minister Dr Hubert Minnis will undergo a “minor surgery” at the Princess Margaret Hospital (PMH) today and will be out of office until Friday, the Cabinet Office announced yesterday.

Although the nature of the surgery was not disclosed in the Cabinet Office’s release, The Tribune understands Dr Minnis will undergo cataract surgery.

Deputy Prime Minister and Minister of Finance Peter Turnquest will be the acting prime minister until Friday, the Cabinet Office said.

Press Secretary Anthony Newbold said yesterday there is no chance the prime minister will extend beyond Friday.

PAGE 6, Wednesday, January 3, 2018

THE TRIBUNE

Bethel acts to address marital rape from page one “We have drafted an amendment under section 15 of the act to create a matrimonial offence that captures all the elements that are referred to under the broad rubric of matrimonial rape,” Mr Bethel said when he was contacted yesterday.

“That’s the term that is used out there. It’s not a term used in the act.

Section 15 speaks about spousal sexual abuse so we’ve drafted something along that line continuing with the seal set by the statute that already exists.”

However, he said, there are two changes – the statute of limitation period and who should have the right to order that prosecution commences – which need to be finalised before the amendment is passed on to Cabinet.

“When I get the approval from Cabinet colleagues we will release it.

“But it will be for Cabinet to determine how we proceed, when we proceed or whether we proceed. We have moved the ball a step further towards some form of legislative action.”

Since Ms Šimonović raised the concern at a press conference in December, there has been intense public discourse on the matter, which revealed even public officials are divided on the issue.

Last month, Social Services and Urban Development Minister Lanisha Rolle, the only woman in Cabinet, shied away from taking a firm position on whether spousal rape should be criminalised, but said marital rape is “private” and the sanctity of marriage must be protected.

Mrs Rolle said before the government acts or makes determinations that legislate how people’s personal lives are managed – adding there are two sides to every story – there should be a proper national

conversation on spousal rape. Once a public consensus is taken, she said the Minnis administration should act accordingly.

This did not sit well with attorney and United Nations expert Marion Bethel who said the comments flew in the face of commonsense and human decency. She said Mrs Rolle needed to be more informed and aware of the issues she speaks of before speaking “utter nonsense”.

Several rights groups subsequently called for Mrs Rolle to resign.

However, Prime Minister Dr Hubert Minnis seemed to take a similar tone to that of his Social Services minister, commenting that he had no personal view when it comes to marital rape. He also said the government would ultimately allow the people’s voices to be heard on the controversial issue of whether it should be outlawed.

“I think with all matters (and) new legislation that we will be bringing forth, I

think we will take it to the public first, listen to them (and) be guided by them,” Dr Minnis commented in a ZNS interview, which aired last month.

“They must have their input and you’ll see there is change of focus. There are more involvement and that does not exclude the marital rape and so we’d listen to the people. The people must speak. The people must have their voices be heard.”

Asked pointedly for his personal view, he said: “As prime minister I don’t have personal views anymore.”

However, the prime minister’s comments also showed that he and Deputy Prime Minister Peter Turnquest do not agree.

Mr Turnquest has said his personal view is marriage does not give a man the right to “own anybody.”

Asked whether he believed the issue was something that should be looked at legislatively, the minister of finance said he was “certainly” open to this.

ATTORNEY General Carl Bethel.

PASTOR DEFENDS ROLLE OVER COMMENTS ON MARITAL RAPE

By SANCHESKA DORSETT Tribune Staff Reporter sdorsett@tribunemedia.net

Funeral Service For

DR. PATRICIA MARGARET DEAN-BAZARD, 71 of Windsor Avenue, will be held on Friday, January 5th, 2018 at 10:00 a.m. at Salem Union Baptist Church, Taylor Street. Officiating will be Rev. Heuter Rolle assisted by other Ministers of the Gospel. Interment will follow in Lakeview Memorial Gardens and Mausoleums, John F. Kennedy Drive & Gladstone Road.

Cherished memories will forever linger in the hearts of her Husband of 49 years: Luicito Bazard; Sons: Dr. Dante Bazard, Sr. and Dr. Kent Bazard; Daughters: Agatha Knowles, Dr. Guilda Joseph, Marguerite Allen; Daughtersin-law: Former Senator Cheryl Bazard and Felecia Boyle-Bazard; Sons-in-law: Fritzgerald Knowles, Victor Joseph and Gene Allen; Grandsons: Dante Bazard, Jr., Denzel Bazard, D’Andrei Bazard, Dominique Powell, Marc Gervin and Miles Gervin; Granddaughters: Alexys Powell, Amiah Powell, Léla Joseph, Melody Gervin, Monét Gervin, and Kia Bazard: Granddaughter-in-law: Dahyun Jennifer Kim-Bazard; Sisters: Professor Audrey Dean-Wright and Jewel Regnier; Brother: Ambrose Dean; Brothers-inlaw: Former Ambassador, His Excellency Carlton Wright Sr., Eli Regnier, Jean Prosper Bazard, Jean Claude Bazard, Frenel Bazard; Sisters-inlaw: Gabrielle Blanchard, Maude Bazard, Adrienne Bazard, Ines Bazard, Shanell Dean; Nieces and their spouses: Antonia Wilson-Carmona (Harvey); Monique Rolle (Lancaster); Carlisa Waters (Ashley) and Ambrea Dean; Nephews and their spouses: Pierre Dean, Nkidani Regnier, Carlton Wright II (Fanny), Kazzias Dean (Celina), Ashton and Avanno Dean: Grandnephews: Michael Wilson, De’Vaughn and Stermon Rolle, Pierre Dean Jr. and Joshua Dean; Grandnieces: Loving and dedicated caretaker, Chanté Wilson, Lanique Rolle and Bria Dean; Numerous Cousins and their families: Ida Coakley-Ferguson, Dorette Rolle, Shirley Coakley, Sis. Marva Coakley, Michelle Maycock, Miriam Clark, Ruthmae Moorer, Bertha Sturrup, Paula Bullard, Gloria Butler, Marina Knowles, Brenda Riley and Willamae Riley; Gary ‘Billy’ Coakley, Jerome Coakley, Timothy Coakley, Sebastian Coakley, Keith Coakley, Tyrone Coakley, Mario Coakley, Sydney Coakley, Dominique Coakley, Arthur Rollins Jr., Andrew Rollins, Daron Rollins, Aaron Neely, Sylvia Wallace and Prescola Wallace.

Numerous relatives and friends including: Rev. Dr. C. W. Saunders and family, Bishop Neil C. Ellis and Patrice Ellis along with Mt. Tabor Church, Rev. Cedric Farquharson and Family, Dr. Baltron Bethel and Family, Rev. Dr. Edris Bowe and Family, Bishop Helen McPhee and Family, Rev. Dr. Marina Sands and Family, Rev. Dr. Steven Thompson and the Transfiguration Baptist Church Family, President Guenix Cherenfant and the Church of Jesus Christ of Latter Day Saints and family, The Bahamas Baptist Union and family, and The National Baptist Convention, Pastor Lomax of The Fountain of New Life Church. The children of the late Maxwell Stubbs and Family, Mrs. Stella Major & Family, Mrs. Claudia Boyle & Family, Leona “Lee” Ferrier and family, Sharlene Newbold and Family, Arnette Bateman-Chisolm and family, Denise Williams and family, Gina Hamilton, Louise Smith & Family, Carla Dean, Dr. Karla Wright-Allen & Family, Ginger Miller and family, Peggy Williams and Family, Kendolyn Theophilus, Bernadette Bastian, Maralyn Johnson, Toni Moss-Wilson and the Leisure Travel Tours family, Bernadette Bastian, Pastor Donnie McClurkin, Karen Joyner, Grace Summers, Michelle Cartwright and family, Michelle Dames and Family, Dacilda “Milly” Berry, The Bahamas Baptist Mass Youth Choir Family, Salem Union Baptist Church Family, The Bahamas National Children’s Choir Family, the Bahamas National Boys Choir, The Nassau Renaissance Singers family and the Dicey Doh Singers. Her Medical Team: Dr. Curling, Dr. Francis, Dr. Hunt-Burrows, Dr. Margo Munroe, and the nurses and staff of the Private Medical Ward of the Princess Margaret Hospital, the Bahamian cultural, music and arts community and many more relatives and friends too numerous to mention.

Viewing will be held in the Serenity Suite at Restview Memorial Mortuary and Crematorium Ltd., Robinson and Soldier Roads on Thursday from 10:00 a.m. to 6:00 p.m. and at the church on Friday from 9:30 a.m. until service time.

PASTOR Cedric Moss yesterday defended Minister of Social Services and Urban Development Lanisha Rolle over her recent controversial comments on marital rape.

In a 16-page paper called “Marital Rape - The Past and Present Discussions” which summarised the 2009 discussion on the issue and includes his thoughts on the current debate, Pastor Moss said Mrs Rolle’s statements were “measured and balanced” and said he believes she was “unjustifiably attacked”.

Last month, when asked outside a Cabinet meeting if martial rape should be criminalised, Mrs Rolle said the country does not support violence against women in any form but added: “In relation to marital rape, I have always said it is an issue that is private. It can become public, but we want to start where marriage is sacred and marriage is private.”

Her comments drew rebuke from social activists, women’s rights groups and community leaders, some of whom called for her immediate resignation.

However, Pastor Moss said he understands how Mrs Rolle feels, because he has also been attacked for his views on marital rape.

The senior pastor of Kingdom Life Church said while he believes that forced sexual intercourse within a marriage should be criminalised, the act should not be called rape because he believes “there is a difference between forced sexual intercourse outside

of marriage (rape) and forced sexual intercourse in marriage (spousal sexual abuse) and that there should be separate laws to cover them.”

“Overall, Minister Rolle’s statement is measured and balanced, and she said two very important things which her critics ignored as they berated and bullied her and called for her resignation,” Mr Moss noted.

“First, she said she does not support any form of violence against women. On that point, she and her critics share common ground, but they ignored it. Second, Minister Rolle said that she believes that if government is going to pass legislation to affect married couples, it is proper to consult with the wider community to get their views on it. I would hope that Minister Rolle’s critics similarly support a consultative approach so that all interested parties might make their views known on any proposed legislation.”

Pastor Moss said if a wife does not desire sexual intercourse, it is wrong under any and all circumstances “to override her will and force upon her that which she does not desire.” He said the current discussion on marital rape should also serve as a reminder “that abuse, be it sexual or otherwise, and whether in or out of marriage, will not be tolerated.”

Nonetheless, Pastor Moss said calling forced intercourse within a marriage rape “is unhelpful and misleading because it departs from the entrenched practice of naming the offence to describe the crime.”

“The name of the offence

needs to describe the crime, not confuse the crime,” he said.

“I believe that it is right to distinguish between an act of forced sexual intercourse perpetrated on a woman by a man to whom she is not married (rape) and an act of forced sexual intercourse perpetrated on a wife by her husband with whom she cohabits (spousal sexual abuse). Again, in the case of rape, both the sexual intercourse and the lack of consent are to be punished, but in the case of spousal sexual abuse, only the provable lack of consent through force, threat, or fear of bodily harm is to be punished, not the sexual intercourse.

“Therefore, if the government moves ahead to criminalise provable forced sexual intercourse within non-estranged marriages, which I believe should be done, I believe the offence should be called something like ‘spousal sexual abuse’ and ‘aggravated spousal sexual abuse’ that would cover cases where battery and/or sadistic treatment are involved.”

Pastor Moss made the following recommendations: The government should pass legislation to make forced sexual intercourse in non-estranged marriages a crime; the punishment for forced sexual intercourse in marriage should range up to life in prison to cover heinous acts; complainants in cases of forced sexual intercourse in marriage should not be allowed to drop the charge and it should be made an offence for a spouse to fabricate an allegation of forced sexual intercourse in marriage.

UNION THREATENS ‘WAR’ OVER WSC PROBE

By SANCHESKA DORSETT Tribune Staff Reporter sdorsett@tribunemedia.net THE investigation into the alleged theft at the Water and Sewerage Corporation (WSC) is over as far as the union representing line staff is concerned and if the corporation continues the probe “they will have war,” according to Bahamas Utilities Services and Allied Workers Union (BUSAWU) President Dwayne Woods.

Mr Woods told The Tribune WSC had 20 days to investigate the claims according to the union’s industrial agreement and since the time has expired “and they cannot produce any evidence,” the investigation must be closed.

In late December, the union threatened to commence a “withdrawal of enthusiasm” if the corporation did not withdraw its alleged intent to dismiss three union employees over allegations of theft. At the time, Mr Woods claimed WSC accused three of the union’s members of stealing a fire hydrant from the corporation’s premises.

The three employees are all at work.

Last month, The Tribune reported police were called in to review files of the internal investigation at WSC, which began as a theft probe but has since turned up other “sensitive matters.”

It is unclear if this is the same investigation to which Mr Woods is referring.

“The persons who were suspended have returned to work and the corporation has not said anything to the union about their intention to take action. So as far as the union is concerned, the matter is closed,” Mr Woods said yesterday.

“According to the industrial agreement, you can suspend an employee pending the outcome of an investigation with pay for 20 days maximum. They met that maximum so the union’s position whether they write us or not is the investigation is done. So legally that industrial agreement is binding and so what the union is saying is any action beyond this point becomes illegal, including continuing the investigation. He who alleges must

prove. It is finished, the battle is over. If the corporation pursues, they will leave the union no alternative but to withdraw its enthusiasm, if they continue their investigation it spells war.”

At a press conference last month, WSC Chairman Adrian Gibson told reporters he made the decision to file a formal complaint with police over findings of the Internal Controls and Compliance Division last week after consultation with Works Minister Desmond Bannister.

In addition to the internal investigation, the government also engaged Ernst & Young to undertake a forensic audit of WSC. Five people have been sent on leave since investigations began; however, Mr Gibson confirmed three of these have since been brought back to work.

Asked by reporters about theft, Mr Gibson said there was an alleged theft of items and when asked the value, he said in the “thousands of dollars.”

He added there were several “offshoots” which were of grave concern.

PAGE 8, Wednesday, January 3, 2018

THE TRIBUNE

PRIME Minister Dr Hubert Minnis and, left, Lanisha Rolle MP and Archdeacon James Palacious.

When leaders fail to lead W

E often talk about leadership. It is a hot topic on the radio, at church, within civic groups, in politics, in schools and at conferences and training sessions. Everyone has wisdom to impart on the subject. We are not likely to ever come to a consensus on whether leaders are born or made, but can all see there are skills every leader needs to have and hone.

In many cases, leaders lack the skills to effectively move toward the vision and this can happen for many reasons. Sometimes they overstay and either don’t realise the environment has changed and the culture has shifted, or they don’t care. At times, leaders have

been thrust into their positions out of convenience or because there was no one better at the time, so they were never quite ideal or ready for the job. In other cases, leaders don’t share the vision, don’t have buyin, or fail to communicate effectively.

We see these issues in organisations throughout the country and it eventually plays out publicly, prompting pressing

questions. In recent weeks, three leaders have shown themselves lacking in leadership skills, largely because they failed to fully review an issue, consider impact on communities and take an appropriate position. Their missteps and inactions highlight the need for conviction, consultation, delegation and apology.

Prime Minister Dr Hubert Minnis and the non-position When the Prime Minister is asked a question, he is expected to have a response. When he is asked a question about heavily debated issue, related to legislation, we ought to demand he takes a position.

Unfortunately and embarrassingly, Minnis lacks at least one of the following: decisiveness, confidence and honesty.

There is no other reason for him not to say exactly where he stands on issues of national importance. When he refused to make public his position on the four constitutional amendment bills that went to referendum in 2016, Bahamians should have paid attention and understood what it meant. Political parties declared their positions, as did individual Members of Parliament and all present were required to vote before the bills could go to referendum. He participated in the referendum.

Why did he choose not to state his position?

Even given his refusal to say how he voted in the referendum, Minnis was elected Prime Minister in May 2017. We can’t feign shock now that he has

refused to take a position research, had professional on the marital rape issue. experience, or was even in Instead, he said, “As prime the early stages of public minister I don’t have per- consultation. sonal views anymore.” Has The entire nation was he ceased to be a human talking about the very spebeing? This would explain cific issue of marital rape quite a bit, but doesn’t seem and legislation, and the likely. Oddly, he didn’t see Prime Minister had no perfit to share a prime ministe- sonal view. No conviction. rial or national view on the issue.

Rolle and the “private As Bahamians, it would matter” be helpful to know whether Minister of Social Seror not the vices and Prime Minister Urban Develof this coun- ‘When the opment try believes Prime Minister Lanisha Rolle consent is took the posiis asked a mandatory, tion that sexual inter- question, he marital rape course without is a “private consent is is expected matter”. She rape and mar- to have a also said she ried women does not supretain rights response. When port any over their own he is asked a form of viobodies. lence against The same question about women. is true of all heavily debated Cognitive Members of dissonance is issue, related Parliament. evident here, We deserve to to legislation, as well as failknow. It doesn’t ure to consult seem enough we ought to with experts to say Minnis’ demand he and consultresponse was a within takes a position.’ ants cop-out. her own MinHe said istry. Leaders the issue, along with any must be able to self-assess, other new legislative take regular inventory of issues, would be taken to resources and determine the public first, allowing who is best-suited to do the people to speak. Does what. this mean a referendum?

Rolle, however, fails to Will there be wide public recognise her own deficienconsultation? What would cies and does not lean on constitute, in his mind, fair the knowledgeable staff representation of the Baha- within the Ministry who mian people? have been there long before If Minnis is decisive, he her appointment. is certainly not confident.

When asked for her He is afraid of sharing his position on marital rape, opinion with the public she could have easily refand, if he is afraid of us, erenced CEDAW, the we certainly have cause for Gender-based Task Force concern. When a man who Report, or any of the procampaigned on account- jects in the pipeline for the ability and transparency Department of Gender and claims he doesn’t have a Family Affairs, formerly personal view, something known as the Bureau of isn’t right. He is not pre- Women’s Affairs. pared to be honest. Equally Has she taken the troubling, he does not see time to learn about the fit to defer to experts on his departments within the team. He did not even point Ministry? Can she idento someone who conducted tify key personnel? Does

To advertise in The Tribune, contact 502-2394

she have a working knowledge of conventions like CEDAW? Leaders become liabilities when they do not do the work, have values in conflict with the vision, or refuse to admit lack of information and defer to a more appropriate person.

Consultation and delegation are not optional; they are necessary.

Palacious and the non-apology Last week, we saw the Royal Bahamas Police Force expose its own misogyny and institutional rape culture and the RBPF got the backlash it deserved.

Archdeacon James Palacious saw fit to defend the RBPF, and show his own cognitive dissonance. He tried to say no one deserves to be raped while saying women and girls need to dress differently to avoid sexual assault.

Palacious faced fierce rebuke for his irresponsible comments and issued a non-apology. Leaders make mistakes and must learn to make proper apologies. An apology does not include “I am prepared to stand by what I did say.” That is the opposite of an apology.

To apologise, one must be sorry, recognising a wrong and acknowledging it to those affected and privy to it.

Further, an apology is not a resume and should not include all of the great things about the person who has done wrong.

Admit to the wrong, make amends with those harmed and commit to doing and being better. When a leader is able to make a proper apology, it shows emotional intelligence, capacity to learn, and growth.

When they can’t apologise, ego is ahead of vision and care for community.

Leaders are not irreplaceable. If you are in a position of leadership now, a better person is being trained and will be ready to take over in month. They’ve been able to observe you and people like you and they’ve paired your practice with the theory they’re learning. If you want to stay where you are, you already have the wrong idea, but you won’t comfortably maintain your position without conviction and a proper leadership toolkit.

Consultation, delegation, and apology have to be in that toolkit, fit easily in your hand, and be ready to get to work.

PAGE 10, Wednesday, January 3, 2018

THE TRIBUNE

Public has its say on marital rape issue

By MORGAN ADDERLEY

Bahamians responded when asked if they thought marital rape should be criminalised.

Christopher Adams, 32: “I have an issue with marital rape, but my biggest issue is how… we have to make this thing a law and it becomes a women’s rights issue. I don’t like how our country always leans towards this women’s rights issue. Marital rape is a men’s behavioural problem.

“Speaking as a person who is from the church, I think the church needs to have a sidebar where we deal with the behaviour of men. Our men don’t know how to treat women in general. We have

THE issue of marital rape and whether it should become a crime has become a hot topic of debate in recent weeks, more than eight years after the last Ingraham administration shelved legislation to do just that amid public backlash.

In light of the public discourse on the controversial issue, The Tribune took to the streets to canvass everyday Bahamians for their views on the matter.

The reactions were mixed. Many people told The Tribune spousal rape should be considered a crime, while some disagreed and others thought the word rape should not be used when dealing with sexual abuse in a marriage.

The issue of recognising marital rape as a crime was reignited in the country after Dubravka Šimonović, the UN’s special rapporteur on violence against women, said in December that marital rape is the most ASHLEY NOEL pressing gender-based issue facing The Bahamas.

Here is how

REO BRAYNEN

a behavioural problem with our men.

So we need to change the culture of the way how our men handle women in the country. So I think that needs to be the church’s approach to marital rape.

“The law part of it, that can get tricky. But I think that’s an extreme. We tend to handle situations at an extreme, when we need to be more balanced, and we need to deal with the behaviour.

Some men need counselling, some men need teaching, some men need nurturing. So I think that’s what we need to do. Let’s find out what’s going on in the marriages, because something happens that leads to that type of behaviour, let’s deal with the behaviour.”

Jeremy Roker, 32: “I (also believe) it’s a behaviour issue.

We have young men getting married who don’t have men etiquette. And so they have an attitude issue and stuff like that. So if we could find a way to get men in those kinds of programmes, we wouldn’t have these issues.”

Gail Strachan, 61, San Souci: “I believe it should be criminalised.

I was married, and I’m divorced, and sometimes the husbands do tend to take advantage of the wives. And they think because they are our husbands and we went before God, that they can do anything. It is still rape, and if I say no, it is no. And that is my opinion. And so if you force yourself on me, whether you are my husband or not, it is considered rape, whether they want to accept that or not. And I feel like it should be criminalised, that would teach them a lesson.

“Because we need to teach more of our young men anyway, on the whole in The Bahamas, to respect young ladies. I’m a teacher, and I get to witness a lot of things. And a lot of Bahamian men think that it is their right to be able to touch these females however they want and it is wrong. And there has been a lot of abuse over the years, and it is time for it to stop and stop now.”

Reo Braynen, 32, Carmichael Road: “It’s interesting because that’s a very grey area. In that we’re married, so which time do we determine that it’s not time for me to get it? I don’t know if I could agree with (criminalising marital rape) right away…

CHRISTOPHER ADAMS

Rape is without consent.

And rape is that you ain’t married. (Marriage) probably does give automatic consent. But I think that at this point in time, in this day and age, there should be times (when GAIL STRACHAN you are) able to have a conversation about it.

You shouldn’t just take it, I think that’s wrong. declined to (Because) at the same time, have their you’re supposed to value photos taken: your wife… I honestly don’t Christine Moss, know. Because (the word) 55, Bain Town: “Marirape, just feels so differ- take tal rape… I have mixed ent. It doesn’t sound like advantage of thoughts on it. I think it’s between husband and them.”

Ashley Noel, 29, Fox if your wife says no, no wife… Maybe it could be (classified as) abuse… but Hill: “Yes, I think so. Sex means no. But I don’t think it just doesn’t feel like rape is something consensual. it should get to the point Even if it’s your partner, where it’s in front of the is the right word for it.

“Using the right word you can’t demand sex from courts and all that. That’s to have this conversation somebody. It’s wrong from a personal issue. I think it is better. So when you say, any vantage point - wife to should be like closed court ‘to take advantage of,’ yes, husband, husband to wife, or counselling or something he can take advantage of adult to child. It’s wrong. like that. But I don’t think her. Of course. That can Sex is consensual. Being it should be a criminal be wrong. But what do we married doesn’t give you matter. I feel like husband entitlement to and wife issue should have call the results of that a perimetre around it. anything— damage? You’re food, sex, Whereas, I don’t think so supposed to much police and judge and housing. take care of Everything all that should be involved. your wife.

I honestly think it’s a prishould I have vate matter.” be religious Alexandra John, 28, Elizconviews abeth Estates: “It depends senon it, so on the circumstances of sual, it says what is going on, what is that’s treat her happening. It depends on the like fine what the situation is. Take point china. So of mar- for instance, if she has actuif you’re JEREMY ROKER riage. So ally been raped, if she did abusing her when two say no, if she just didn’t to that point, people get want it but then still went that’s (not) fine married, they both ahead. It depends on the china. (Marriage is a legal thing), so it should be say ‘I do,’ because marriage situation. (If it is rape, it a legal act that they should is consensual. At least in should be criminalised), because that is a crime.” take when it becomes abuse this country.”

Yvonne Campbell, 49, J Mack, 29, Eastwood: too. You’ve got to change the language around it, “Yes it should. Because no Winton: “I really don’t because it doesn’t feel like is no. And once you say no, think so. Because in some the same thing (as rape). I I don’t feel like you should ways, you are married, so mean, it’s the same thing, go past that. (There’s) any both of you have rights. but not exactly because reason she could be saying But personally I don’t of who it is. It just doesn’t no. Maybe it’s not what she marital rape should be feel like we’re using the wants to do or whatever, criminalised.”

Janet Strachan, 55, Farright words for this stuff. she may not be feeling the We can’t just blanket guy (or her husband) any- rington Road: “I think that it should be criminalised. more. No is no.” everything.”

Rayvonne Bethel, 49, I think that marital rape Kristin McPhee, 23, Marathon: “Yes. It’s still rape. Paradise Island: “Yes. I is the end product, but the been married, beginning of it is when men You’re married to someone haven’t but you still have your own and if ever I get married, take advantage of women, body, you’re still your own I wouldn’t want (him) to like young women on jobs, person. When you marry think it was okay for some- they think it’s a right of passomeone, you all are sup- one to have any kind of sage to do that to young posed to be together and relations with me without people, and I think that be one, but you still have my consent. Especially if needs to stop. And that’s your own personality, your I say no and they decide why I think that it’s time own individual mindset. to go ahead anyway, that that we criminalise it and That’s like saying child won’t make for a good mar- we tell people no, that’s abuse should be legalised. riage, at least not in my enough.”

Prescola Rolle, 55, MonBecause that’s your child, mind. Maybe (prosecuting yes, that’s your child. But it) is the only way to (stop astery Park: “I think it should be. Rape is rape. you can’t abuse what still it).”

Marital or non-marital, The following isn’t your (body). You can rape is rape. And belong to someone, individuals whoever combut you mits the can’t crime, should pay.”

KRISTIN MCPHEE J MACK

THE TRIBUNE

Wednesday, January 3, 2018, PAGE 11

A fitting farewell tribute to Aidan, the little soldier AS two-year-old Aidan Carron battled for life, his parents Robert and Elizabeth were desperate to capture every precious moment they had left together.

In their hearts, they would always carry the memories of their brave little boy, so cruelly inflicted with a fatal leukaemia brought on by therapyrelated treatment.

Aidan’s home had become a bed at the John Hopkins Childrens Hospital in Baltimore. For 515 days, he underwent treatment after treatment to try and save his life.

In the end, despite incredible highs and lows, there was to be no fairytale ending. Robert and Elizabeth and all their family knew despite all the treatments, all the prayers, Aidan would be taken from them.

How best to capture their little boy - to preserve not just the memories but the smiling face of their “little soldier”?

Robert and Elizabeth were given the number of a photographer in Baltimore, Jenny Stout, and asked her to join them at Aidan’s bedside to create some portraits of the family’s final hours together.

Elizabeth explained: “Jenny would NOT take a penny, refused point blank but yet she stayed with us for hours, not once but twice, once at the hospital and once in our apartment.”

“Then a few days later, Jenny called me and said ‘Can Aidan still sit up? I have an idea and it’s a surprise for you and Robert.’

“Jenny turned up and waited patiently for the shot she wanted and left extremely satisfied and excited. I was very curious,

this wonderful stranger came into our lives and became a part of our journey and more importantly a dear friend for life.

“A few nights later, a very excited Jenny asked if she could pop round - our special gift had arrived and she could not wait for us to see it. “We were very excited and curious to find out what this could be.

When I opened the pretty gift bag, inside was the most beautiful, enchanting framed picture of our beautiful brave, strong warrior boy Aidan looking out of the window into a moonlit night seeing Santa high in

the sky in his sleigh and his reindeers.

“Magical! Pure magic... made with pure love and all heart.”

Aidan died on Christmas Eve morning, his family by his side.

In the days since, Jenny was among hundreds of friends and family to write to Elizabeth and Robert expressing their sadness at Aidan’s passing.

Among Jenny’s words, she wrote: “Words fall short in explaining the impact that Aidan had on my heart and my life. I will be forever grateful that we were linked together through John

Hopkins. I think about you guys daily. Your story and passion with Aidan has shifted my mindset and the way I view things in life, and especially with my daughters.

“You guys are such special people. I feel like meeting you was fate, I just wish it could have been under different circumstances.

“Robert - you are a superb father. I loved your sense of humour and your laugh is contagious. May you always know how deeply Aidan loved you, and that you can look to your faith to guide you in

these coming days, months and years.

“Lizzy - where to begin?

Thank you for choosing me to capture these moments for you. I write this with tears in my eyes. Seeing how much Aidan loved you both and the passion you had for being there for him could move mountains.

“You are kind, smart, and beautiful inside out.

Use that positive energy you channeled with Aidan, and I am sure you can help change the world. Your experiences will serve you in life always. You were the greatest honorary nurse I’ve ever met.

“And for both of you, look to each other for strength and comfort and to help get through the tough times. Your love for one another will help to carry you through and to pick you up when you are down. May you always feel Aidan’s presence and the warmth of his infectious smile. You’ve got a little warrior angel guiding you now.”

Funeral services for Aidan - grandson of The Tribune’s publisher Eileen Carron - will be held on Friday at 3pm at St Anslem’s Catholic Church, Fox Hill.

PAGE 12, Wednesday, January 3, 2018

THE TRIBUNE

The Platinum Knights triumph in Grand Bahama

By DENISE MAYCOCK Tribune Freeport Reporter dmaycock@tribunemedia.net THE Platinum Knights emerged as the winner of the 2018 New Year’s Day Junkanoo Parade in Grand Bahama, according to unofficial results released last night.

The group won with an overall score of 3,287 points, with the Superstar Rockers coming second with a score of 3,207. The Swingers scored 2,894 to secure third place while fourth place went to Kingdom Culture with 2,383

points in the A division.

During the parade in downtown Freeport, Junkanoo icon Kenneth “Motor Boat” Ferguson was honoured in true Junkanoo style. Crowds lined the parade route on Pioneer’s Way where colourful costumes depicting different stages of his life were displayed; from his days as a track and field athlete to his coaching days in baseball, a model civil servant, to ordained minister and Junkanoo legend. Choreographed dancers dressed as angels with cancer ribbon

THE ROCKERS, who came second.

symbols on their wings as a tribute to his battle with cancer.

Ferguson, founder, and leader of the New Life Classic Dancers, died last year at age 69, and this THE PLATINUM Knights on their way to victory in year’s parade Grand Bahama’s New Year Junkanoo.

Photos: Derek Carroll was named in his honour. brought the “Wonderful The New Life Classic Dancers paid a World of Disney” to Grand spectacular tribute to their Bahama, with costumes featuring popular Disney “great fallen hero”.

The parade got underway princesses.

The group captured the at 6pm with Kingdom Culattention of fans, especially ture first out on the route.

Under the theme, “Music young fans, with their huge Sweet Aye,” the group colourful life-like costume took spectators on a musi- pieces with classic Disney cal journey from the 18th characters such as Minnie Century baroque music to and Mickey Mouse, Donald Duck and Pluto.

Caribbean music.

There were two sections The first piece featured of dancers – the first section organs and vinyl records. dressed as Princess JasOff the shoulder dancers mine of Disney’s Aladdin, depicted various genres of and the second of Princess King’s mascot. music, as the group’s cho- Pocahontas.

Fans moved to the beat reographed dancers dressed Under the theme “Dine as rock stars with guitars. with Us,” defending cham- of goat-skinned drums, The lead costume was a pions Platinum Knights cowbells, and horns folcompilation of the styles of made fans hungry with lowed by a gigantic lead Goombay, rake ‘n’ scrape their costumes of famous costume piece that depicted and Junkanoo. fast foods and popular the well-known Pepper Pot Restaurant.

The Superstar Rockers restaurants.

The Swingers took The group featured various eateries such as fans back to yesteryear, Wendy’s, Pollo Tropical, “Remembering Freeport, Subway, Burger King, Pier the Magic City,” when the One Restaurant, Pizza Hut, city prospered.

The banner was of the KFC and Zorba’s.

The group’s choreo- Princess Casino/El Casino, graphed dancers dressed and the famous, unique as mascots of the Wendy’s design of the casino’s brand in blue and white entrance.

The group reflected on striped costumes and red hair braids, danced in famous attractions and unison down Pioneer’s landmarks, such as the Way chanting, ‘Welcome to straw market, miniature Wendy’s may I take your golf course and Goombay land, the Columbus order, please.’

There was also another Theatre and many others section of dancers depicting which are no longer in the Pollo Tropical brand. existence.

The choreographed dancSome of the free dancers were dressed as Junkanoo- ers were dressed as straw costumed mascots of the dolls, and Port Lucaya KFC colonel, and Burger showgirls and fire dancers.

ACTION from the New Year parade in Grand Bahama.

And its lead costume was a tribute to Pioneers of Freeport - Freeport founder Wallace Groves, and the late Sir Jack Hayward, Sir Albert Miller and Edward St George, who contributed to the development of Freeport.

Three B division groups participated this year, including the Showtime Junkanoo Group whose theme was “Symbols of America.” Its lead costume, the symbol of liberty, featured US President Abraham Lincoln and the Statue of Liberty. The Bushwhackers and Sting also participated.

In the B division, Showtime won with 1,950 points, with Bushwhackers second, 1,222 points, and Sting with 986 points, according to unofficial results.

The official results are expected to be released by the Grand Bahama Junkanoo Committee this week.