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VOLUME:116 No.18, JANUARY 21ST, 2019
HO US E & 16 THE PEOPLE’S PAPER: $1
INSIDE: HITTING THE STREETS IN RACE FOR THE CURE
PAGES
CLIMBDOWN? Webshops set to win deal on new tax rates
By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
THE web shop industry’s “sliding scale” tax structure could be cut to just two bands with much lower rates under new proposals being considered by the government. Wayne Munroe QC, who represents three web shop operators, including Island Game and Paradise Games, revealed to Tribune Business that the latest negotiations between the two sides explored reducing the six-tier operator tax unveiled in last May’s Budget to just two bands. The tax rates faced by web shops would also be much reduced, Mr Munroe said, disclosing that his clients would face a 15 percent levy on taxable revenues
under the latest proposals as opposed to 20 percent - the lowest rate under the existing structure. Inquiries by Tribune Business established that the second, higher rate - which Mr Munroe indicated would only apply to Sebas Bastian’s Island Luck chain - is proposed to be a flat 17.5 percent. That amounts to an almost twothirds reduction compared to the maximum 50 percent levy on operator revenues above $100m as set out in the Budget. Mr Munroe described the 15 percent rate as more “palatable” for his web shop clients, labelling it “a good first tier tax”, as the industry seeks to avoid litigation with the government in the courts.
A MAN is suing the commissioner of police and three of his subordinates after police detained him for almost three days for having an illegal firearm and ammunition, which was later discovered to have possibly been planted by two of the officers who subsequently fabricated evidence to suggest they caught him with it. Dominic Johnson, 28,
SEE PAGE 11
A MAN is dead after he lost control of his car and crashed into a utility pole yesterday, police said. The accident occurred shortly after 3am when the man was driving in the southern lane, west on JFK Drive in a 2009 Nissan Skyline. The driver, who was the lone occupant of the vehicle, was ejected from the car and became unresponsive. Paramedics were called and he was pronounced dead at the scene. Royal Bahamas Police Traffic Department officers are investigating the incident. Statistics released by police earlier this month show there were 63 fatal traffic accidents last year compared with 49 in 2017, an increase of 29 percent. Sixty-nine people died as a result of those accidents last year, compared with 54
CONVICTED KILLER’S RETRIAL ORDERED
FULL STORY - SEE BUSINESS
is suing Constable 3674 Taylor, Corporal 2766 Rolle as well as their supervisor Detective Constable 3629 Mills for falsely imprisoning him for 62 hours after wrongfully arresting him at Club 40/40 just three days before Christmas in 2017. Attorney General Carl Bethel is listed as a fifth defendant due to his responsibility for providing legal representation to The Bahamas’ government, its agencies and officials acting in their official capacities.
MOTORIST DIES AFTER 3AM CRASH
SEE PAGE TWO
OFFICERS SUED OVER ILLEGAL DETENTION By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net
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By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net
SOCK IT TO ’EM JACQUELINE Ockleberry celebrated her 55th birthday yesterday by running in the Bahamas half-marathon. For a full report of the event, see Sport. Photo: Shawn Hanna/Tribune Staff
THE Court of Appeal has ordered a man be retried for murdering a former “most wanted” suspect eight years ago because of its “uneasiness” about the unreliability of a police sketch and other “inadmissible material” that ultimately led to his conviction. Appellate President Sir Hartman Longley, along with fellow Justices Jon Isaacs and Sir Michael Barnett, ordered that Rolin Alexis be retried “as soon as is practicable” for the 2011 murder of Dessaline Nichols. SEE PAGE 12
‘DON’T BLAME US FOR FYRE FIASCO’ By RASHAD ROLLE Tribune Staff Reporter rrolle@tribunemedia.net
NEW documentaries have renewed focus on the failed Fyre Festival of 2017, but former Tourism Minister Obie Wilchcombe still backed the government’s involvement in the lead-up to the fiasco yesterday, telling The Tribune: “We did all the right things.” Streaming services Netflix and Hulu released their
PROMOTER Billy McFarland documentaries last week, highlighting how people
ignored signs the event was being falsely advertised. Festival organiser Billy McFarland has since pleaded guilty to wire fraud, having used fake documents to attract investors to push more than $26m into his company. Neither documentary examines the local approvals process for the festival, but they have renewed questions about the Ministry of
Nassau & Bahama Islands’ Leading Newspaper
SEE PAGE THREE
INSIGHT
HOW YOUR LAWYER COULD BE TROUBLE
SEE PAGE SEVEN
PAGE 2, Monday, January 21, 2019
THE TRIBUNE
POLICE DISCOVER ILLEGAL FIREARM AFTER CAR CHASE By DENISE MAYCOCK Tribune Freeport Reporter dmaycock@tribunemedia.net
GRAND Bahama police are searching for a male driver after a traffic stop led to a police chase which ended in a crash and the discovery of an illegal firearm in Freeport. ASP Terecita Pinder said shortly before 3pm on Thursday, traffic police in the downtown area saw a grey coloured 2011 Infiniti vehicle parked unattended in the street with the engine running. She said while officers were making a necessary check of the vehicle, a man came out of a restaurant, got into the car and sped off. The officers gave chase and the vehicle crashed in the area of the Tasman Close and
Adventurers Way, where the suspect escaped on foot. A 9mm pistol with six live rounds of ammunition was discovered in the vehicle. Meanwhile, police in Grand Bahama have also said they want to speak with 32-year-old Tony Jamal Smith, also known as Jamal Penn aka “Fool” who they believe can help with an investigation in connection with possession of an illegal firearm. Mr Smith is 5’7” of average build, weighing 188 pounds, with a medium brown complexion. His last known address is Kelly Lane, off Johnson Road, New Providence and Tarry Town, Grand Bahama. Anyone with information is asked to call police in Grand Bahama at 350-3107 through 12, 911, 919, or the nearest police station.
SHOOTING AND STABBING VICTIMS IN HOSPITAL
TWO Grand Bahama men are in hospital after one was shot and the other stabbed during an argument on the island yesterday. Police said shortly after 1pm, the two men were at a home located on Adventurers Way, when an argument
broke out between them. During the fight, one man was shot in the body and the other was stabbed in the head. The shooting victim was taken to the Rand Memorial Hospital by EMS while the stabbing victim was taken by a private vehicle.
MOTORIST DIES AFTER 3AM CRASH
THE SCENE at yesterday’s traffic fatality on JFK Drive from page one victims in 2017. The data shows there were 42 fatalities on New Providence last year, 11 in Grand Bahama and ten in the Family Islands. A further breakdown by gender showed 53 of last year’s traffic fatality victims were men while 16 were women.
THE TRIBUNE
Monday, January 21, 2019, PAGE 3
New documentaries renew focus on failed Fyre Festival of 2017 By RASHAD ROLLE Tribune Staff Reporter rrolle@tribunemedia.net A NETFLIX documentary chronicling the failed Fyre Festival has created a bonanza for Maryann Rolle, 55, a restauranteur whose story of losing thousands of dollars when the festival collapsed in 2017 resonated with viewers. A GoFundMe account for her has raised more than $100,000 up to press time last night. Mrs Rolle told The Tribune yesterday that she was interviewed for the documentary, “FYRE: The Greatest Party That Never Happened,” six months ago but forgot until the director, Chris Smith, called to reveal his GoFundMe intentions last week. “This Sunday I’m right here at my table with my glasses trying to see all the names sending donations, seeing what names I know, looking into my little screen and watching every donation, whether it be a dollar or more,” she said. Mrs Rolle was contracted to provide catering support and lodging for the festival. At the peak of the event, she produced 1,000 meals per day. “I had ten persons working for me just preparing food all day and all night, 24 hours,” she said in the documentary. “I literally had to pay all those people. I went through about $50,000 of my savings that I could’ve had for a rainy day. They just wiped it out and never looked back. I don’t even
MARYANN Rolle with her husband Elvis like to talk about the Fyre Festival anymore. Just take it away and let me start a new beginning because they really, really hurt me.” Mrs Rolle said yesterday she still owes about $75,000 because of the failed event, though businesses have been accommodating to her. “Slowly I’ve paid the bills,” she told this newspaper. “Weekly I could pay the bills, try to pay BEC, try to keep everybody happy, if you could touch a little bill here, touch a little bill there and make sure my staff is happy, I’m happy.
Financially the festival was a pain and a strain for me, says Maryann
“Financially the festival was a pain and a strain for me. You know when you have your credibility and you lose that, nobody is going to hear you for being that silly to bring in all that food, and how do you go back to Bahamas Food Services and tell them a deal went sour? What I had to do, pay them off, pay them as I go, and so I lost my credibility. When they would have credited me $10,000, that don’t happen anymore for me.” These days Mrs Rolle is focused on more than just paying off bills. She told The Tribune one of the
first things she will do in light of her GoFundMe fortune is go on a cruise through the Caribbean with her husband, Elvis Rolle, and three sons. “I’m going to take my family on a wonderful, long deserved vacation,” she said. “We are going on a cruise.” She said for all her hard work, she will also buy herself a “state of the art Jeep.” “What I realise is if you look at the bills you will never enjoy life so some of those bills will have to back to the side and let Maryann have the fun,” she said. She also said she planned
to tithe ten percent of the GoFundMe donations to her church. Mrs Rolle’s GoFundMe account was filled with heartfelt comments. “Just watched the documentary on Netflix,” wrote Tasha Libman. “My heart went out to these people who worked for a paycheque to support their lives and family.” Another woman, Kaisha Irving, wrote: “No one should have to deal with what you and your family endured. God bless you for doing right by your employees when it was not your responsibility and you were left high and dry. I wish you the best.” A man, Gerard Barton, wrote: “Maryann, your story touched me when I watched the Fyre Festival documentary on Netflix! I hope this finds you well much love from New Zealand.” Roxanna Donald wrote: “My heart broke for her. The genuine and let down she felt. She did seem to be hurt and I knew I was going to donate, even before I knew about the page. We all laughed at the kids being tricked, mainly because they were wealthy spoilt millennials but I didn’t even consider all the hardworking local people and how it affected them. I hope to visit her place soon, looks amazing.” Last October, Fyre Festival founder Billy McFarland was sentenced to six years in prison for multiple counts of fraud, including the botched festival.
Don’t blame us for fiasco, insists former minister from page one
Tourism’s and other agencies’ due diligence protocols. Mr Wilchcombe said he has no interest in watching the documentaries. “I don’t waste time,” he said. “What’s it going to do to The Bahamas? Unfortunately we‘re making a bigger ‘doo doo’ about this than anyone else is. They’ve already dealt with the matter. (McFarland) has accepted responsibility for what he was doing. Up to the very last minute no one really knew the level to which the matter had fallen apart. I don’t think we should lose sight of the fact that at all times, the Bahamas did what it was supposed to do.” Mr Wilchcombe said he met McFarland once and found his presentation to top tourism officials convincing. “He told us ‘we don’t want anything from the government, we just love Exuma, we just love The Bahamas.’ In fact, at one point in the conversation I said ‘does Exuma have the capacity?’ He said ‘we’re getting it ready’ because I suggested that if not you could use Grand Bahama that has hotel accommodations and everything. He said ‘no I want to use Exuma’ and that’s where it was.” Netflix’ documentary, “FYRE: The Greatest Party That Never Happened”, makes several references to the infrastructure challenges of Exuma at the time of the event. The festival was marketed to ticket buyers as being an exclusive event on a private island, but the event was set up on Great Exuma the same weekend as the island’s annual regatta, a time when the island’s resources were already stretched thin. It has never been clear what the Ministry of Tourism did to ascertain whether the island could sustain an event of the size of Fyre Festival. Organisers in the documentary expressed concerns about insufficient water, housing and inadequate provision of flush services of the festival site. Although numerous local vendors were left unpaid when Fyre Festival collapsed, Mr Wilchcombe said the event “didn’t cost The Bahamas anything.” However, this newspaper previously reported the government was owed hundreds of thousands
in customs duties by the organisers. “We provided the support we provide for any investor and any person who seeks to do something and get the necessary approval that they get from Exuma to begin with, it didn’t cost The Bahamas government anything, they didn’t ask The Bahamas government for anything, but in the business we’re in there are risks taking all the time,” he said. Asked what the Ministry of Tourism learned from the event, the former minister said there will likely be increased scrutiny of the background of investors. “Hindsight is 20/20,” he said. “We have to ensure maybe more involvement but of course you want to limit your involvement because it’s a risky business. No matter how much you invest, your weather could change, your circumstance could change, all kinds of things could happen. What you have to do is at all times be concerned about the integrity of the individuals involved.” “The Ministry of Tourism staff was professional at all times,” he said. “We assigned the best team we have that has worked with a collection of individuals throughout the ministry who have worked on major projects, some still going on now with international companies and showing great success, but this one
just was one that was very traumatic, certainly we all learn, and I think more due diligence will be given moving forward.” In May 2017, Tribune Business reported Exuma’s business and local government executives were urged by Ministry of Tourism officials “to work together” and ensure the ill-fated festival’s success just one month before its collapse. Pedro Rolle, the Exuma Chamber of Commerce’s president, revealed at the time that all the island’s stakeholders were summoned to a meeting that
was chaired by Ministry of Tourism representatives, and attended by Fyre Festival’s main principal, McFarland. “Tourism gave the assurance, or requested the assistance of the community, to say we ought to work together to make this happen,” Mr Rolle said in 2017. “They invited all the local government departments in Exuma to come together in the meeting, and brought in all the stakeholders, including the Chamber. They [Tourism] chaired that meeting. That’s why I think sufficient due diligence was not done.”
PAGE 4, Monday, January 21, 2019
THE TRIBUNE
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Stalemate as senators look ahead to the ballot box The US, with its government shutdown, is now a disorderly democracy. Blatant disrespect between its executive and legislative branches of government is rampant. If only America had a parliamentary system that could provide some relief in the form of an emphatic vote of no confidence in its inadequate president. In Washington President Donald Trump and House Speaker Nancy Pelosi are threatening each other’s prerogatives. Pelosi, who controls the venue in the Capitol where American presidents traditionally deliver their State of the Union addresses in January, said Trump should delay his speech until the government reopens. Trump retaliated by denying Pelosi and others the use of military aircraft for an official visit to Afghanistan to support American troops there and fact find. Tit for tat. Pelosi and her Democratic House majority won’t give Trump the budget he wants for his southern border wall. Trump won’t authorise reopening the parts of the American government that have now been shuttered for longer than ever before: Today marks 32 days. A hollow Trump compromise offer was rejected over the weekend. Meanwhile, the US Senate dithers. Senate majority leader Mitch McConnell has played a passive role as the crisis in Washington worsens. Despite agreement by his Senate colleagues to keep the government open while debate on Trump’s wall rages on, McConnell won’t agree to allow consideration of legislation that would restart the government. McConnell, who threw out the rule book in frustrating Barack Obama’s attempt to nominate a justice to the US Supreme Court in 2016, has listed that cynical manoeuvre as one of his proudest achievements. He, Trump and US conservatives have all hailed the confirmation of Neil Gorsuch and Brett Kavanaugh to the American high court as triumphs for the GOP, which can claim little else under Trump, aside from some deregulation and a tax bill that both favour big corporations and the very rich. Trump declared he would “own the shutdown” in pursuit of his wall. Most Americans agree he does own the shutdown - and they don’t like it. Many therefore criticise the lack of any Senate
action to reopen the government. McConnell is secure as majority leader in the Senate because his Republican colleagues trust him to handle what matters most to them. That is their re-election. From that perspective, McConnell’s passivity makes good sense to his colleagues. The problem for Republican senators is Trump has largely turned their party into his party. So even though only about 35 percent of Americans declare their support for Trump and his wall project, almost all of them are Republican voters. Since they are accustomed to being a minority of the general population, these GOP supporters turn out on election day and vote. And during the heyday of the Tea Party movement nearly a decade ago, they voted in party primary elections to throw out of office a number of seemingly well-entrenched Republican incumbents who did not satisfactorily support their positions. In 2010 and to a lesser extent in 2012, some Republican candidates underestimated the potential danger to their continuation in office of primary challengers. They were defeated. GOP senators have learned their lesson. Now in early 2019, pushing back against Trump and his ideas is to risk the wrath of his base, which has become the Republican base. Resisting Trump has already encouraged primary challenges to incumbent Republican office holders, and will do so again. That is financially and politically expensive for incumbents. There are 53 Republicans in the Senate today. In the upcoming 2020 election, 22 of them are up for reelection. Of those, 20 represent states that gave Trump a mostly healthy majority of their votes in 2016, and will be expected to do so again, barring more damaging revelations about Trump that can no longer be ignored and force his impeachment in the House and conviction in the Senate, or that compel his resignation from office. None of those 20 is likely to resist Trump. The other two, from Colorado and Maine, may break with Trump on some issues to survive next year, but their potential defection still leaves 51 Republican senators supporting their president. That means no support to reopen the US government until Trump gives his approval.
My concerns for the year just starting EDITOR, The Tribune CONCERNS as start a New Year?
we
1) Why hasn’t Justice Vera Watkins been appointed Chief Justice, and remains in an acting position totally contrary to The Constitution? PM you just went through this process, forgot? 2) Garbage collection - if the Ministry of Environment didn’t know the contracts were to expire, now after the exposé in Freeport over the School Buses this is questioned can’t the government find
LETTERS letters@tribunemedia.net
enough FNM’s to satisfy the requirement? 3) LPIA Taxi’s - ironic right after Majority Day sees the chaos at. LPIA with over 40 taxis deciding to take a ‘voluntary day-off’! Limos and high capacity SUV’s, if not licenced for LPIA should not be plying their services unless pre-arranged. 4) Finance says we going to speed up annual Business Licence clearly
they did not tell The Registrar of Companies to push through receipts for the payment of company licence fees… 5) Freeport School Buses..well attorney Thompson, Deputy Chair of FNM, really blundered and put Minister Lloyd in deep do-do. Out of Freeport the FNM new licences are trying desperately to lease the buses of the previous licences as they do not own buses… you franchise people without buses? Minnis way? ABRAHAM MOSS Nassau January 12, 2019
New controller, really big stick EDITOR, The Tribune
I HEAR there’s a new sheriff in town and rumour has it, he’s got a really big stick. Here’s what we know about him; his name is Bradley Sands, aka Brad. He’s been a police officer for 30 plus years, done some family island policing and he’s a former chairman of the police staff association. His last stint, was in Exuma before he was summoned to Nassau to “clean up the corrupt mess that is the road traffic department”. He’s made it abundantly clear that the years of the principal are over. Make no mistake about it, he is a policeman. A policeman’s policeman. I’m not quite sure what else would make him a good controller and I’m certain his detractors could find a million reasons why he shouldn’t be, but I’ve got to admit, he seems to be a pretty standup guy. Mildly over zealous, but means well. After all, let’s face it, if cleaning up a corrupt mess is all that he’s capable of doing, I could think of several departments of government I would prefer to have him at over road traffic; like maybe the VAT office. I do understand though that as a franchise holder and industry participant, the new controller’s
successes are ours to share, but his failures are mine to bear. Hence, I thought to offer the controller a bit of advice; enforcement, enforcement, enforcement. However, enforcement alone won’t be enough. You see the vile cesspool of corruption that he was sent to clean up doesn’t start with bus drivers or franchise holders, it does start though with cheap politicians perhaps prepared to take a bribe from big business owners, road traffic board members prepared to do a little favour for a friend, road traffic staff prepared to bend the rules a little and lastly, but certainly not least among them, young gung-ho, high-speed, low drag, police constables eager to make a name for themselves and anxious to frustrate the day of “y’all bus drivers”. I guess then my second piece of advice is that no matter how big that stick, you’re going to need some help. It’s going to take industry leaders, career bus drivers, and people with interest in this business to assist you in achieving your tasks. While your tentacles may be long, Mr Controller, you are only a man and as such, no one man can be everywhere. Franchise holders can be quite a tool for you to use, sir. Meet us, talk to us, use us, but for
God’s sake don’t make the mistake of trying to do it without us. My next piece of advice kind of goes tongue-in-cheek, while there are some road traffic employees that bend the rules, there are many honourable, hardworking, competent members on that staff. Those people, whether supervisor or line staff member are your new team and in the main, have the best interest of the controller’s intent at heart. Daily, optimum performance is required of them, but insufficient resources are supplied to them. With that said, I remind you again, that they are your new team and I assure you that you can accomplish nothing, and I do mean nothing, without their support. Now that we’ve gotten that out of the way, here are some targets I wish the controller would zero his sights on. Bus stop installations; Bus drivers stop everywhere because they aren’t allowed to stop anywhere. Cultures change outcomes, people change cultures and systems change people. Though simple it may seem, a meaningful partnership with the Ministry of Works’ signage division can overnight make this controller the most noticeable controller that we’ve had in the last decade. People claim that bus drivers are
nothing more than incorrigible rogues, but like police officers, they come from among us, they are our sons and daughters, our boys and girls and a simple test case would be to observe the bus stops on the Western side of the Town Centre Mall. Bus drivers do not obstruct traffic on the western side of the Town Centre Mall. As the old saying goes, in most cases it’s the economy, stupid! And neither the controller’s department, nor this industry is exempt. In a time when personal motor vehicles are becoming even more accessible and with the lack of route expansion, more and more people are becoming motor vehicle owners. Used to be bus catchers, are opting to become car owners. What that translates to is that adjustments must be made. If my memory is correct, the last time there was a route adjustment, I was a junior high student. Today, I’m a military veteran. The controller’s department and its board should shy away from this no longer. This lazy, sluggard approach to route adjustments must be addressed and done so sooner rather than later. Whether it be today, tomorrow or any of the days to follow in his tenure, this ungodly, unholy, unchristian practice of the
unethical route cannibalisation must cease. The controller knows who they are, I am just hoping he can find out who did they pay and what was the price. The big charter companies cannot continue to rape bus routes. Then there’s the grand finale; bus drivers can continue no longer, sir, with the embarrassment of having to wrestle from the clasps of patrons this peasant like addition of 25 cents. Why do we make things so difficult? If the reason bus catchers never want to pay the 25 cents is because they do not wish to break a dollar then I say let’s help them. I’m not naïve, and I know adjusting the bus fare to $2.00 is a big task. That means, the controller is going to have to whip out his big stick and rest it on the table. I do believe that he is an honourable man and I’ll be rooting for him. Although unbelievable at this point, I am very much on the controller’s side and would like to congratulate him on his enforcement initiatives thus far. Believe me when I tell you, he’s got a heavy hand and a BIG stick. LEYVON A MILLER III, JP Nassau January 14, 2019
THE TRIBUNE
Monday, January 21, 2019, PAGE 5
Animal charity appeals for help after motorist crashes into wall
HIT and run at the Bahamas Humane Society, leaving damage to a wall.
Photo: Terrel W Carey Sr/Tribune Staff
Seven cats killed after dogs escape from their enclosures By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net
THE Bahamas Humane Society is seeking financial assistance from the public in repairing one of its walls after a motorist crashed into it and fled the scene yesterday morning, scaring some of the dogs who escaped their enclosures and killed seven cats on site. Bahamas Humane Society (BHS) General Manager Percy Grant told The Tribune the nonprofit organisation (NPO) is seeking donations to have the wall fixed immediately, as it compromises the entire property and the animals housed there. Mr
Grant said while he plans to get an official quote to have the wall fixed today, he expects the repairs to cost upto $5,000. Until that time, he said he has closed up the hole with plywood. Nonetheless, he said the hitand-run accident could not have come at a worse time, as the BHS is currently struggling to make ends meet given the sheer number of animals it houses and takes care of, coupled with standard operational costs. “We’re facing a lot because we have so much on our plate because of the amount of animals we have at our shelter,” he said. “It’s going to be hard on us to find the money now to fix the wall. Because we’re having
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enough issues with trying to get these animals all taken care of, healthcare, drugs, food, all those kinds of things. So that’s another added drama we don’t need right now.” According to Mr Grant, he said one of his staff called him sometime around 6am yesterday and told him that a number of the dogs kept on site had gotten free and that he was trying to corral them back to their enclosures. Mr Grant said the worker told him it wasn’t until daylight broke that the worker discovered a big hole in one of the facility’s walls. Mr Grant said the worker didn’t hear the initial crash
because he was on the other side of the main building, away from the crash site. Mr Grant said the worker was only alerted that something may have been amiss due to the sounds of the dogs barking, and upon investigating, discovered that the dogs had gotten out of their kennels. Mr Grant surmised that the dogs likely got spooked by the sudden crash, as the accident was near their enclosures. Those dogs, which included some of the larger adoption dogs, then made their way to one of the cattery areas killed seven cats. Officials suspect the driver was in a truck, based on the tyre marks.
“We are seeking voluntary donations right now so we can be prepared to get this wall fixed immediately, because it is really an urgent situation because it compromises the whole property,” Mr Grant said. “(The vehicle) went through the wall, man. I had to focus on trying to get it temporarily closed up with plywood until we get it fixed. (Today) I’ll try to get some quotes to try and get it fixed. So it’s a troubling thing right now.” According to its website, the BHS receives only $15,000 in funding from government each year, relying on donations, memberships and fundraising for the rest of its operating budget.
PAGE 6, Monday, January 21, 2019
THE TRIBUNE
THE GB DRIVER WHO IS MORE LIKE ROBIN HOOD By DENISE MAYCOCK Tribune Freeport Reporter dmaycock@tribunemedia.net
IN response to being called a PLP crony and cast as a “thief”, Grand Bahama bus driver Kevin Ferguson denied the latter characterising himself as ‘Robin Hood’ – a person with a “big heart” who shares what he has with his poor fellow Bahamians. Mr Ferguson, according to Free National Movement vice chairman David Thompson, was among the “all for me baby” crew who had received various contracts under the Progressive Liberal Party government, including repair work at the Garnet Levarity Justice Centre that was not completed, and a number of home repair contracts for hurricane relief, in addition to his public school bus contracts in Grand Bahama. Mr Ferguson is among some 20 disgruntled bus contractors from Grand Bahama whose fiveyear contracts - which would have expired in 2020 - were prematurely terminated by the FNM last October. They are accusing the FNM of wrongful termination and victimisation. During a press conference held by several of the bus contractors in Freeport, The Tribune asked Mr Ferguson about those various contracts that Mr Thompson said he had received under the PLP.
“The press conference that David Thompson called I would like to clear the air…and give my position with regards to David Thompson’s allegations,” Mr Ferguson said. “While people believe that I get all of this, it is not the facts.” Mr Ferguson indicated he is someone with a big heart and a champion of the underprivileged. “I have a big heart; I am a champion for the underprivileged; I am a champion to those who cannot speak or afraid to speak for themselves. That’s why you can see it is four of us here, but behind the scenes there are many who are happy that Ferguson, Mr Jason Laing, Ms Malvina Albury, and Mr Marvin Williams have the testicular fortitude to stand up against the government for what they believe and what has been proven victimisation,” he said. The bus contractors, led by Mr Ferguson in a protest earlier this month, have now retained the services of attorneys Anthony McKinney and Wayne Munroe, both QCs, to sue the government for lost revenue and damages. In reference to the hurricane home repair contracts, Mr Ferguson said he met all the criteria required by The Bahamas government to qualify as a contractor, including having a VAT Tin, certificate of good standing and a business licence. “There was a limited amount of contractors on Grand Bahama
based on the volume of work so I would have gotten some of that work because I complied unlike some of these fellas,” he explained. “In October of the hurricane year (2016), I got some 20 houses to repair throughout the island.” Mr Ferguson said while he has the licence for the work, he would get the job and subcontract the work to others. “I used to be a local government chief councilor, and I have allegiance to people, so I try to be helpful and so if a brother does not have a licence, but he could do a job, he comes to me, and I have this contract to do certain work, I give it to a brother. When he has completed the work, I get the cheque; I give him his share. So contrary to popular opinion, it is not all for me, I am not that baby.” Mr Ferguson said that he completed all of the contracts for the hurricane home repairs in November and December of the year in question. Moving to the Garnet Levarity Justice Centre, Mr Ferguson said that he got a contact under PLP to do certain repairs at the courthouse building. “It was not a written contract, but I had gotten verbal instructions to get started because of the publicity that the courthouse was getting. Me being a good and loyal PLP, without money I would have jumped into it head-on.” According to Mr Ferguson,
he said this was in May or June. After hiring people and commencing work, he said that he had not received any monies for three months and suppliers and workers wanted to be paid. “Everybody wanted their money; the workers were calling me all sorts of things. I had to borrow from here and there to get these fellas paid, so they don’t kill me and to get my name off the street. So when the government decided to give me a couple of dollars way down then, they wanted me to continue; I did not see the reason to continue until they give me what was owing to me before I got the contract - but that did not happen.” The Garnet Levarity building has been in a state of disrepair for many years. In addition to poor physical upkeep, roof leaks, workers complained of health concerns due to mould infestation issue. Mr Ferguson said that when the government changed and the FNM took office, he was paid the monies that were owing to him. “The FNM gave me what was owing to me, and they had their quantity surveyor Larry Bastian there who quantified the work I would have completed and paid me accordingly,” he said. “I made payments to this one and that one. And with regards to those houses they say I got paid for, let me be clear, as a contractor I had workers 20 to 30 of them,
and minister of agriculture was saying ‘that young man going all around throwing money around the place.’ “I was not throwing money; I was throwing help. All those young men you see on the roof trying to get people sorted out, I was not being paid to do that. Some of those persons could not get help, and I was the local government councilor for the area, and they called on me because they could not get help, and I took on myself and sent people there, and Kelly’s and Albuild gave me credit to repair people’s houses.” Mr Ferguson said that Bahamians must look beyond the headlines and propaganda. “All I am saying…is do the research, ask questions and stop calling people’s name because ever since this (bus contract termination) happened, I am getting calls left, right and centre as this champion fighter who cannot be compromised, who will call a spade a spade that Ms Hall has done this, John Doe has done that, and they are calling you and (others) thieves. You understand what I am saying,” he said. “When someone calls me a thief because I know I am not a thief, I reflect on Robin Hood because whatever I have or would have acquired, I share. So if they want to call what I do stealing, I am proud to be just that because I know whatever I acquire I share . . .”
Big projects progressing well, says Turnquest By DENISE MAYCOCK Tribune Freeport Reporter dmaycock@tribunemedia.net MAJOR capital work projects estimated at over $30 million on Grand Bahama are progressing well and nearing completion it was noted as Deputy Prime Minister Peter Turnquest and Minister of State for Grand Bahama Senator Kwasi Thompson, along with other parliamentarians, toured three project sites on Friday. The tour started at Smith’s Point where Waugh Construction has completed a $4.8 million seawall and road repaving project. Also present were Parliamentary Secretary in the Ministry of Works Iram Lewis; West Grand Bahama and Bimini MP Pakesia Parker Edgecombe, parliamentary secretary for information and communications in the Office of the Prime Minister, and Senator Jasmin Darius. The road at Smith’s Point will be reopened in another two to three weeks, according to Mr Turnquest, East Grand Bahama MP, who said that the installation of
the railing there still has to be completed. “The last piece of railing should be here in a week or two, and once that is installed, we will proceed to open the road. We anticipate another two to three weeks at the most when we can open it,” he said. Mr Turnquest said that safety of his constituents, residents, and visitors is of paramount importance. “It is a pretty dramatic drop off of the seawall, and so we have to make sure we do our best to protect residents and visitors to the area,” he explained. He expressed his excitement about the seawall project and the potential of attracting economic development in that area. “It has come out beautifully, and we believe that this infrastructure will be the impetus for further economic development in that community as well as for those who reside there and provide the protection for assets there,” he said. “As you know, before the seawall construction there was tremendous erosion along the beachfront, and the road itself would have been compromised, and I
think it is an essential piece of infrastructure that had to be put in place.” Mr Turnquest said that about seven years ago the residents of Smith’s Point had raised the issue with him, and he raised it with officials in the Christie administration, who proceeded to put the project in motion. Under the Christie administration, the contract was initially awarded to Smith’s Construction. “We had some problems with the contractor, and we had to make a switch,” said Mr Turnquest. “Waugh Construction came in and did a fantastic job in completing the project on time and up to the quality standards that were required. Today, we have a boardwalk we are very proud of that, we think it is going to bring visitors to the area, business for the residents, and open the possibilities for other investments to happen in that community.” Mr Turnquest said that they are looking to have a mural painted on the seawall to serve as a unique attraction at Smith’s Point. “It would serve as an attraction and draw people
THE ROAD at Smith’s Point will be reopened in another two to three weeks, according to Deputy Prime Minister Peter Turnquest. to the area. We talk about creating natural draws to the island, so we do not have to spend as much money advertising or subsidising airlines or hotels,” he said. The next stop of the tour was at the $6.5 million Fishing Hole causeway at Hawksbill Creek. Mr Lewis said that officials are looking at an adjusted completion date in March. He reported that the main bridge structure is complete, and one layer of asphalt would be poured on the base of the concrete structure. “As far as the height is concerned, based on the study we did, this is good enough to at least if we have storm surge or spring tide we will be able to pass this area. It is not going to solve all of our problems, but it will alleviate some of the problems,” he explained.
Mr Lewis further explained that culverts would be installed at the lower road, which would be used as a service access road for heavy loads and in the event repairs are needed at the causeway. “I would like to put the notion to rest that it (the lower road) would not be removed. It would remain as an access way that would be managed to avoid accidents,” he explained. Mrs Parker Edgecombe said that the new causeway would bring resolution to the flooding problem which was an ongoing concern for her constituents. “It’s been a long time coming that the residents have called for it for many years. There have been many persons from our community who have fought to see that this bridge comes to existence. We are happy that it is near
completion,” she said. The tour ended at the $25 million government complex site at Eight Mile Rock, where for the first time residents would be able to have access to all essential government services in one building and would no longer have to go to Freeport. Top Notch Construction is the general contractor. Mr Lewis said work is progressing well and they expect the project to be completed in the third quarter of 2019. “We are pleased with the quality of work; the contractor is doing a good job, and the staff of the Ministry of Works is conducting inspections to ensure there is no code infraction,” he said. Mr Lewis indicated that the contractor has ensured that 80 percent of the workers are from the Eight Mile Rock area.
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THE STORIES BEHIND THE NEWS By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net
T
HE Court of Appeal’s president has ruled Supreme Court judges should hold accused people liable for any misconduct exhibited in court by their attorney. The lawyer who served as the impetus for the new legal precedent that could see defendants face unspecified “consequences” should their attorneys misbehave in court is defence attorney Geoffrey Farquharson. Sir Hartman Longley, in a recent written ruling, admonished Supreme Court judges to warn defendants to control the attorneys who represent them, declaring a defendant can be held liable if his or her lawyer is disrespectful to the court. More specifically, he declared that going forward, any judge concerned about any attorney’s conduct should tell that lawyer’s client to “reign in” their attorney or otherwise be held “responsible for the conduct and be seen as condoning his tactics”. According to Sir Hartman, Mr Farquharson exhibited such “gross misconduct” during a recent murder case, and was so “rude, disrespectful and antagonistic” towards the judge, jury, Crown witnesses, and Crown attorneys in the matter, that the jury was “motivated” to make a complaint to the judge that Mr Farquharson was “rude”. Mr Farquharson’s behaviour, Sir Hartman asserted, “created an atmosphere in the court that would have caused the jury to look adversely upon him and his client’s case”. In fact, Sir Hartman said, based on the contents of the transcripts, Mr Farquharson’s conduct during the trial “made it impossible” for his client to have received a fair trial. That forced the appellate court to order the appellant, Christopher Butler, who is accused of killing Rapeson Jules on June 4, 2013, to be retried on that basis alone, despite his new attorney Stanley Rolle filing “numerous” grounds of appeal to attack his client’s verdict. In his defence, Mr Farquharson submitted “it’s not the jury’s business if the defence is rude at all”, and submitted at the very least, it is “not a matter that the jury should have in their minds at all”. Mr Farquharson further petitioned the court to “make it clear” to the jury that his duty as a defence attorney is to “defend his client as fiercely and actively as is possible”. He thus explained that to a “jury who are lay people” and who “don’t understand what goes on in court”, the “tactics” employed by defence attorneys, particularly during cross-examination, may appear to be “aggressive”, lack respect or come across in some way as taunting the witness. Conversely, Mr Farquharson submitted those are “perfectly legitimate tactics used by defence lawyers on cross-examination,” and said he did nothing but employ the “very best practice” in “defending a man for his life”. Nonetheless, Sir Hartman, pictured right, said the aforementioned “unequivocally” demonstrated that Mr Farquharson’s behaviour “caught the attention of the jury to the point where the jury was motivated to make the complaint to the judge that counsel was rude”. “That could not have redounded to the benefit of the appellant and, more likely than not, operated to his prejudice,” Sir Hartman said. “Without, therefore, cleansing the mind of the jurors of this negativity, the infection may have extended to the deliberation of the jury to the point where a fair trial may have been imperilled. In that atmosphere it was unlikely that doubts would have been resolved to the benefit of the appellant.”
S
IR Hartman emphasised that Justice Hilton’s conduct during the trial in the face of Mr Farquharson’s behaviour was “impeccable”. Sir Hartman said Justice Hilton remained “patient” under “considerable provocation”, and, in the “public interest”, sought to “salvage an important lengthy trial from shipwreck”. Sir Hartman further commended the judge for giving an “impeccable summation” of the issues and putting the defence fairly. However, Sir Hartman said he had one criticism of Justice Hilton, that in giving his directions to the jury, he “failed to address the danger that the jury would be misled” by Mr Farquharson’s misconduct. “I think it is imperative when circumstances like this arise in the course of a trial, for the judge to make clear to the jury in his summation and if not before that they should not hold it against the accused when considering the question of his guilt or innocence that his counsel was rude, disrespectful and
Beware - your own lawyer could land you in trouble DEFENCE attorney Geoffrey Farquharson.
antagonistic toward the judge, the jury and the witnesses for the Crown as well as disrespectful of Crown counsel,” Sir Hartman said. “Unfortunately, the judge in this case did not do this. He did, on several occasions, in the absence of the jury, warn counsel about his behaviour but that in our judgment was not enough to undo the damage done by the behaviour and misconduct of counsel. Especially given at one point that the jury had, it seems, come to the view that counsel for the appellant was rude.” “It was therefore crucial, in my judgment, that the judge take further steps to advise the jury to separate the conduct of counsel from their consideration of the issues.” Sir Hartman continued: “In future when a judge becomes concerned about the conduct of counsel for the defence perhaps he should have a hearing in camera and explain to the accused that he has to reign in his counsel or he would be responsible for the conduct and be seen as condoning his tactics. “Additionally, it should be made clear in the summation...that the accused should not be prejudiced in their deliberations because of the perceived rudeness, disrespect and otherwise improper behaviour of his counsel in the conduct of his defence.” Ultimately, Sir Hartman said it was “unfortunate”, but the appellate court had “no choice” but to set aside the jury’s verdict. “The appearance that the appellant did not have a fair trial due to the misconduct of the appellant cannot be avoided,” he said, with the endorsement of fellow appellate Justices Sir Michael Barnett and Milton Evans. In the circumstances we have no choice but to set aside the conviction on the basis that the appellant did not have a fair trial owing to the gross misconduct of counsel and remit the case to the Supreme Court for a new trial.” According to Sir Hartman, the Court of Appeal, though differently constituted, previously had to factor in Mr Farquharson’s behaviour in determining the success of an appeal of another person accused of a serious crime. Sir Hartman said the present case mirrored that of Kofhe Goodman’s appeal concerning the murder of 11-year-old Marco Archer, which had as a key point for consideration Mr Farquharson’s misconduct while representing Goodman during the trial. In fact, Sir Hartman said it is “immediately apparent” from an “almost cursory glance” at the transcripts of the present case that the very complaints made in Goodman’s appeal about Mr Farquharson’s behaviour—that the conduct of the defence was adversely affected by Mr Farquharson’s
“belligerent and unnecessarily combative attitude to prosecution counsel and the judge”, resurfaced in the present case. According to the headnotes of the Goodman case, during the trial, Mr Farquharson “constantly argued and bickered with the judge and prosecution counsel, repeatedly accusing the trial judge of ineptitude, bias against his client and collusion with the prosecution”. The appellate panel of former President Dame Anita Allen, Jon Isaacs and Stella Crane-Scott, unanimously agreed that Farquharson’s conduct during the four-month trial was “persistent, deliberate, and gross”. The appellate judges noted that on numerous occasions during that trial, and often within “minutes of chastisement” by the trial judge, Mr Farquharson “openly and repeatedly defied the instructions of the judge in relation to a particular line of questioning and his conduct”. The judges further stated that Mr Farquharson “repeatedly accused the trial judge of ineptitude, bias against his client and collusion with the prosecution, behaviour which eventually led to contempt proceedings”. Mr Farquharson ultimately ended up serving a 14-day sentence in prison as an alternative punishment to the $2,000 for his behaviour at the time. Days before his arrest, Mr Farquharson told The Tribune he was “terrified” of going to jail, but added he intended to take a stand on principle by not paying the fine ordered by the court.
PAGE 8 MONDAY, JAUNARY 21, 2019
INSIGHT
WHILE we should not crucify Campbell, his mistake is still reflective of an overarching societal issue. By MALCOLM STRACHAN
A
FTER Social Services Minister Frankie Campbell made crass comments about the increase in rapes in 2018, thousands of us must have had to pick our jaws up off the floor as he ignored his ministry’s role – deeming it an issue that falls solely under national security. We could not believe our eyes and ears as he parted the microphones like Moses parting the Red Sea. Though Campbell was thought by many to be an unlikely choice to lead this portfolio, he at least seemed to be an upgrade in personality from the former Minister of Social Services, Lanisha Rolle. Even with this blunder, he still is. However, some mistakes are very costly. And this much we should expect him to learn, painfully. Even though he offered an
apology and explanation, the majority of the populace are not that forgiving. We live in a chauvinistic society and the rights of our sisters, mothers and daughters are not viewed as having the same weight as men by many. How tragic. How easily men forget that these are our nurturers, our confidantes and in many cases the reason we work so hard. We tend not to exhibit the loyalty that should always be present. While we should not crucify Campbell - as his apology seemed sincere and it was evident he wanted to avoid some drama within Cabinet - his mistake is still reflective of an overarching societal issue. Scholars past and present have long sought to popularise the connections between gender inequality and rape. From the foundations of feminist theory, many have studied how gender inequality leads to discrimination, sexual objectification, oppression and abuse. As one academic put it over four decades ago: “Eradicating rape requires
getting rid of the power discrepancy between men and women, because abuse of power flows from unequal power.” Yet, while a great deal of evidence is no further than a mouse click away, we still promote an archaically oppressive tradition. The gender equality referendum proved this much. It’s just not that big of an issue, it seems – not yet at least. Our own prime minister, while in opposition, neglected to take a firm position on the gender equality referendum, telling citizens to vote their conscience. As much of a hot button issue gender inequality is around the world, the citizenry, as well as the politicians, allowed it to be hijacked by an anti-immigration agenda. It may have singlehandedly been one of the most disappointing occasions to be a Bahamian – listening to not just men - and even more alarming, women - dumb down the conversation. In the worst way possible, it was incredible to witness. Worse, we are still only
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We have deeply rooted issues we need to face and deal with A7MAIN
THE TRIBUNE
Thursday, January 17, 2019, PAGE 7
ANOTHER TECH COMPANY GETS GO-AHEAD TO OPERATE IN G BAHAMA By DENISE MAYCOCK Tribune Freeport Reporter dmaycock@tribunemedia.net
ANOTHER technology company has been approved by the government under the Commercial Enterprises Act to operate a software development firm in Grand Bahama. Minister of State for Grand Bahama Senator Kwasi Thompson announced yesterday the Office of the Prime Minister is pleased to welcome Dev Digital, a software development firm, to Freeport. “Today is another good day in Grand Bahama,” said Mr Thompson, who noted the company is in the final steps to obtaining its business licence from the Grand Bahama Port Authority. Dev Digital CEO Peter Markum, and other principals Burton Rodgers and Alan Cates attended the press conference.
The company has already hired three persons and is in the process of searching for a location for its office in Freeport. Mr Thompson said the Commercial Enterprises Act, recently passed by the Minnis administration, is significant in helping Grand Bahama become a tech hub. GIBC Digital was the first technology company approved by the government last year under the law and opened its offices last June. “Grand Bahama is experiencing significant benefits of the (law), and we are pleased that a company like Dev Digital has been approved to operate a full software development firm,” Mr Thompson said. “And we are pleased they are going to look to have a location in Grand Bahama.” According to Mr Thompson, the applications to operate under
the act are approved within 30 days as a result of the newly formed investment unit of the Bahamas Investment Authority in the OPM in Freeport. He noted that approval time is a significant improvement to doing business in the country. “The unit is set up to make the process of investment easier and to provide better service to Bahamian and foreign investors,” he said. “The unit is for the first time in Freeport (and) has been accepting and processing applications and drafting paperwork for approval, and Dev Digital was one that received assistance from one of the officers in Grand Bahama.” Dev Digital operates software companies internationally and is looking to establish a regional office in Grand Bahama. Mr Markum said that Dev Digital employs 135 people, with offices in the US, India, and
Zambia. “We decided we wanted a software company and we thought over the last few years we are going to take a global view. Today we are incorporated in India, and Zambia where we are working in education with many groups of professionals,” he said. Mr Markum explained that Grand Bahama was an ideal location and fit for their tech company because of its proximity to the US East Coast. “That was a big attraction to us,” he explained. “We have incorporated Dev Digital Bahamas; we don’t have investors - we have us. We run prison software in nine US states, and we run educational software,” he added. Mr Rodgers said Dev Digital is excited to be in Freeport. “We already have three persons working with the company before we got started, and we are in search of a location now for our office
here in Grand Bahama, and looking at staffing the business. “Hopefully, we will be starting in a matter of days,” he said, added that they would employ anywhere between 15 to 20 persons. “We are very conservative, and as the business grows we will bring on persons,” Mr Rodgers said. ‘The plan is to make this a regional office.” When asked about investment figures, Mr Rodgers said: “We do not have an actual figure to get the business going.” However, Mr Markum indicated that they did not want to come in making any big talks and promises that they could not deliver. “Our investment numbers are not going to be as big as others - we are a people’s business and… we don’t want to come in here and say we will do $20 million and say stuff that probably ain’t going to happen. So it is hard to say what it would be,” he said.
I’m sorry. I was insensitive Campbell apologises after he was roundly criticised for his ‘unbelievable’ remarks regarding rape from page one I responded to media personnel. I was merely trying to avoid what appeared to be encroaching on another minister’s portfolio. “I am fully aware of the duties and core functions of the Ministry of Social Services and Urban Development which includes, but is not limited to, food assistance, shelter for all victims, including rape victims and victims of trafficking in persons, school and uniform assistance, the elderly, child protection, rehabilitation and persons with disabilities.” He said the incident caused persons to question his familiarity with the country’s 2015 strategic plan to address gender-based violence. He said in the six months he has held the post, he has met with various groups and NGOs in an effort to bring this very strategic plan to fruition. “I am committed, along with the ministry and its dedicated staff and all of our NGO partners, to honour, advance and promote all of the conventions to which the Bahamas is a signatory. “In pursuit of the commitment articulated during the 2017 Speech from the Throne, the government has indicated a zero tolerance against all rapes and violence. Efforts to prevent violence against women require determining and addressing violence at its root. The Ministry of Social Services and Urban Development, through its many departments does precisely this, through the provision of counseling and crisis intervention and prevention services. “As a husband and the father of one son and three beautiful girls for whom I want nothing but the best, as I do for all girls and women of our Bahamaland, this is more than just a job. “As I would have indicated while representing you at the Committee for the Elimination of all forms of Discrimination Against Women and Girls (known as CEDAW), I give you my assurance that I remain committed to all of its articles not merely for the purpose of reporting internationally, but for the benefit, upliftment and improvement of our very own.” When contacted about
the backlash surrounding her successor yesterday, Mrs Griffin expressed shock at these comments. “I just thought it was incredible,” Mrs Griffin said. “First of all, I’m sure I heard him say that that was not a part of his portfolio…that social services is only supposed to be giving out social assistance. But you know that certainly is not the case. The Ministry of Social Services, through its Department of Gender and Family Affairs, has carriage for matters that affect women and girls, men and boys, and the family generally… And so I just found it incredible that the minister would say that. “The matter does fall under social services,” Mrs Griffin continued. “There is a criminal part to it that… must fall under the police. But then there’s a social aspect to it.” Likewise, Equality Bahamas Director and activist Alicia Wallace described Mr Campbell’s remarks as “unfortunate and unacceptable,” and also said a multi-sector approach is needed to combat this pervasive issue, which disproportionately affects women and girls. In a statement released yesterday, Ms Wallace said: “Equality Bahamas rejects the false barrier the minister attempted to construct between himself and rape, noting that rape is a social issue and relevant to everyone.” There was a six percent increase in rape across The Bahamas in 2018, with 55 incidents reported compared to 52 in 2017. In New Providence specifically, there was a 22 percent increase in rape, with 44 incidents reported in 2018 in comparison with 36 incidents in 2017. When asked by reporters on Tuesday if anything is being done by the Ministry of Social Services to prevent such incidents, Mr Campbell rebuffed reporters, insisting the alarming trend was not under his remit and going so far as to push reporters’ microphones away. “You’re talking about crime prevention,” Mr Campbell said when pressed further. “Social services is about poor people who need food, people who need social assistance. Let’s talk about that.
MINISTER of Social Services Frankie Campbell has apologised for his “insensitive” comments. Inset, left top, Melanie Griffin and, bottom, Alicia Wallace.
HOW The Tribune reported Campbell’s apology last week. focusing on the symptoms a Bahamian male made a – refusing to attack the public service announcement entire system – much like to Bahamian women advisthe approach we tend to use ing them on what they should to fix an issue in our coun- do if they did not want to be try. This leads me to recall a “raped or robbed”. post on social media, where While the gentleman may have intended his caution to come from a good place, a female commenter said it perfectly: “Please advise Bahamian men to stop raping and robbing Bahamian women!” – an ode to the fact that women shouldn’t have to have the added burden of protecting themselves from sexual violence. With any problem of this magnitude, the most effective way to arrive at a solution is to work backwards. Why do Bahamian males so callously take advantage of our female counterparts? What gives us the right? Moreover, how are we going to address this and aggressively attack the systemic issues that lead to these violent crimes? Typically, the first mode of action is a top-down approach where tougher legislation is put in place to dissuade perpetrators. Unfortunately, criminals “You could see I’m trying to avoid that, I don’t avoid talking to you but I want to stay in my lane,” he added. Equality Bahamas said it was unfortunate Mr Campbell chose to put distance between his portfolio and the “pervasive issue of rape”. “Rape disproportionately affects women and
girls who should be prioritised by the Department of Gender and Family Affairs which is under the Ministry of Social Services and (Urban) Development. “Ministries need to work together, be fully aware of pressing issues, able to access and share information necessary to appropriately respond to
issues and queries, and to resist any desire or directive to operate in silos,” Ms Wallace said. “A multi-sectoral approach to violence against women and other issues of gender is critical. “Equality Bahamas calls on Ministry of Social Services and (Urban) Development to lead the government’s effort to
YOUR
address issues of gender through the expertise of its staff and civil society partners. It reminds the minister of the years-old national gender policy and a gender-based violence report, following years of work by the National Task Force on Gender-Based Violence, that have not been implemented.”
don’t commit an act thinking they will get caught. Also, it is not enough that someone capable of such a terrible crime will not do so just because he is afraid of the legal ramifications. Hence, a bottom-up approach must also be applied – starting right in our homes and schools. Young boys and girls must be taught the right way to interact with each other. Likewise, adults must be mindful of the tone we set for the younger generation. Hopefully, as an act of redemption, Minister of Social Services Frankie Campbell rolls up his sleeves and gets to work. As a first order of business, he should be scouring the international community to find case studies from countries that have seen a decrease in gender-based violence and figure out ways where we can lean on their wisdom. Certainly, he ought to know after the blowback he received that this is a matter the Bahamian people feel strongly about. While it will be the national security ministry’s job to bring forth policies to make us all safer, the braintrust at social services and perhaps even the ministry of education will need to develop and implement strategies that will address the root causes of such issues. The Bahamas is not isolated on this issue. Even just across the water, the US president’s own comments on rape show an alarming attitude towards women. Nonetheless, the size of your house matters not when it comes to keeping your yard clean.
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INSIGHT
MONDAY, JANUARY 21, 2019 PAGE 9
The OAS dangerously in disarray
O
VER the last few days there has been a serious overreach by Luis Almagro of the authority he has as Secretary-General of the Organisation of American States (OAS). If Mr Almagro continues to exceed his authority - plainly set out in the Charter of the OAS - the already fragmented organisation will be headed for grave fracture. The job of the Secretary-General of any multi-national or international organisation is to represent the positions of the collective membership of the organisation either after direction by the appropriate governing bodies or after discussion with them that establishes a consensus. Almost from the day of his installation, Mr Almagro has steadfastly ignored any such requirements. In his latest overreach, Mr Almagro has taken upon himself to unilaterally and publicly anoint an “Interim President” of Venezuela. Almagro’s selection is Juan Guaidó who was elected by the National Assembly – made up of only Opposition party representatives – as its President “for a year”. He made this spontaneous statement at a meeting on January 15 at the Centre for Strategic and International Studies (CSIS), a US thinktank based in Washington, DC. No official organ of the OAS has made any such decision or even discussed it and none has authorised Mr Almagro to make it. This latest unauthorised statement on Venezuelan matters is the most recent in a series by Almagro, directed at the Venezuelan government, that ruled-out both he, as Secretary-General and the OAS as honest brokers in trying to reach a settlement to the political divisions that have plagued Venezuela over the past five years. The Secretary-General has also taken to tweeting his personal views which he incorrectly represents as speaking for the OAS, a grouping of 34 countries. In a tweet on January 11,
Luis Almagro stated: “We support the agreement in Venezuela’s national assembly declaring the usurpation by Nicolás Maduro and the need to apply constitutional article 233 on a transitional government and the call for an election.” Exactly who is the “we” to whom Almagro referred is unknown, since he did not identify them. But what is known is that it is not any official organ of the OAS, including the Permanent Council, which is the highest decision-making body, representing all member states at Ambassadorial level. It may be that Mr Almagro is working with a handful of countries which, from their own governments’ declarations, oppose the government of Nicolas Maduro to the point where they are using every means to topple it, but in doing so, he is not representing the OAS or the collective will of the member-states. Governments are free to pursue their own national policies on Venezuela, but they have no entitlement to impose those policies on the OAS. The reality is the membership of the OAS is deeply divided, not over the troubling humanitarian, political and financial crisis in Venezuela, but over the response to it. There is no member state that condones the political impasse created by both ruling and opposition parties; the shortage of food and medicines; the hardship being endured by a large number of Venezuelans; and now the flow of refugees into neighbouring countries. The disagreement arises from the manner in which 14 countries, calling themselves “The Lima Group” has held private meetings to fashion decisions which they then try to push through the Permanent Council of the OAS
on a majority vote of 18. The problem with this approach is that when a majority of 18 secures passage of a resolution or a declaration on which others have not been consulted and that is unpalatable to them, a trail of bitterness is left among the 15 others, particularly when it is known that governments have been cajoled and pressured to help attain the majority of 18. It is sad that in the Americas, the governments of countries that benefitted from the wisdom of the founding fathers of the United States, ignore the observation of Thomas Jefferson, one of the authors of the U.S. Constitution, that: “All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression”. Tied-up with SecretaryGeneral Almagro’s disdain for the official organs of the OAS is his decision now to run for a second term, although he had previously indicated he would not. His stance on Venezuela, particularly, would have endeared him to those member states whose governments might wish him to remain as an additional instrument for advancing their peculiar interests. But, if Mr Almagro is not reined-in and his overreach not curtailed, many member-states will not tolerate it, and the organisation will be damaged irreparably. Governments, except the timid and the frightened, will not sit by idly while their rights are eroded and their voices disregarded. Mr Almagro’s latest dangerous pronouncement, made casually at the CSIS meeting on January 15, is
‘GOOD COMMUNICATIONS ARE CRITICAL IN A DEMOCRACY’ “COMMUNICATIONS,” explained Erica Wells Cox, the government’s newly appointed communications director, “is a central and critical function of government in a democracy. It fosters transparency and accountability and enhances citizen participation. It is essential for good governance.” The director of communications, she said, is responsible for managing and co-ordinating the Office of the Prime Minister’s communications, and interactions across all communications platforms to ensure the prime minister’s policies and messages are being delivered in a clear, consistent, successful and timely manner. It will be her job, said the 13-year news veteran, to work alongside press secretary Anthony Newbold, and Bahamas Information Services (BIS) to implement and execute a strategic communications plan aimed at ensuring that the people of The Bahamas are well informed and are able to provide their own input about government priorities, programmes and activities. BIS is the central channel of communications between government ministries and the people of The Bahamas and is generally responsible for assisting the government with public relations, including overseas. “The press secretary acts as one of the prime minister’s and the government’s major spokespersons and media liaison,” Ms Wells said. This communications unit is similar to other government communications units found in modern democracies generally and throughout the Commonwealth. The government of Jamaica employs a director of communications, a press secretary and a CEO of its Jamaica Information Services. Trinidad and Tobago and Barbados have similar systems. Historically, she continued, government communications have been understaffed. The increased number of national addresses (reports to the nation), the introduction of new TV show and the appointment of a director of communications is an important demonstration that the government of The Bahamas is serious about strengthening how it communicates with the Bahamian people, including in the policymaking process. “How you communicate what you are doing is almost as important – and some might argue – even more important, as what it is that you are doing,” said Ms.
ERICA WELLS COX, the government’s newly appointed communications director. Wells. “Our goal is to ensure the public receives credible and factual information in a timely manner.” Ms Wells, married and a mother of two, started her journalism career as a cub reporter at The Tribune, working her way up to senior reporter and news editor. “While at The Tribune,” she said, “I received a strong foundation in journalism that has guided me throughout my career.” During her studies for a masters degree she interned at The Times of London. She has written for the Associated Press and the New York Times and has contributed to other international news agencies, such as the BBC Caribbean. “I have a strong interest in Bahamian history and culture and write regularly on those topics,” she said. “At The (Nassau) Guardian,” said Ms Wells, “I joined as news editor and then moved up to managing editor, and played a major role in expanding the media operations and re-branding the paper. “I have always considered a career in the media as a public service, and take the responsibilities of a journalist very seriously – to be fair, accurate and professional, and to educate the public about issues and events that impact them. These are values I will bring to this new role,” she said. Ms Wells is the wife of well known artist John Cox.
that, if what he calls “the interim President” of Venezuela being Juan Guaidó, one of the leaders of the opposition, designates representatives to the OAS, he will accept their credentials and seat them, presumably ousting the current delegates. The Secretary-General has no such authority. No instrument of the OAS gives him that power. And, if it is that Mr Almagro is setting-up this possibility for any vested-interest group in the OAS to force adoption of such a notion by a majority vote of 18, the OAS, in its present form, will not survive it. To be clear, objection to any such action will not come because any country is blindly supporting the Maduro government
Venezuela needs a negotiated and sustainable solution for the sake of its people and for the stability of the region. Promoting division within Venezuela and isolating its de facto government from diplomatic discourse simply protracts the hardships the people endure. LUIS ALMAGRO, SecretaryGeneral of OAS. in Venezuela; it will come because the precedent it would establish would be far-reaching and dangerous for any other country that is targeted for whatever reason. The rules of international organisations and international law must be respected and upheld, or disarray will result.
The writer is Antigua and Barbuda’s Ambassador to the United States and the Organisation of American States. He is also a Senior Fellow at the Institute of Commonwealth Studies at the University of London and Massey College in the University of Toronto. The views expressed are entirely his own. Response and previous commentaries: www.sirronaldsanders.com
PAGE 10 MONDAY, JAUNARY 21, 2019
INSIGHT
DESIGNER Myrlande Juilen started her business – Juju Season – in 2016.
E3SPORTS
Friday, September 30, 2016, PAGE 3
GAIN AN EDGE A NATIONAL DIALOGUE ON HIGHER EDUCATION
Chasing the dream is no accident, just design
GAIN AN EDGE
A NATIONAL DIALOGUE ON HIGHER EDUCATION
HAVING the perseverance to dive deep into one’s passion bringing it to life can lead to wondrous possibilities. This was the case for Tonique Farrington, whose love for fashion started to blossom at a young age. After completing high school in 2004, Tonique was on the hunt for a school that would cultivate her passion for fashion. Her search led her to discover the Bahamas Technical and Vocational Institute (BTVI) where she spent two years studying Fashion Design. Tonique always knew she wanted a career that would allow her to unleash her creativity. Though her talent afforded her the opportunity to pursue multiple careers, something about designing clothing stood out. “This is the path that faith has placed me on. I love making my clients feel like their best selves. The right attire can change your whole outlook on life - if only for a moment. But a moment is all you need in helping someone come into a better version of themselves,” said the 31-year-old. While some find re-entering the classroom after high school difficult, Tonique considers her time spent at BTVI as irreplaceable. She said it was a time and place where she came into her own, crediting BTVI for doing what she loves every day. “BTVI made it possible for me to become a fashion designer. I enrolled with just a dream and that was it. BTVI taught me everything I know and I was able to utilise this knowledge at the conception of my business. The skills I learned there positioned me for the place I am today,” said Tonique. Tonique has been the owner of Tonique Catherine Designs since 2014 and had the opportunity to showcase her work at the first Bahamas Fashion Week in 2017. She now has plans to pursue a career in Marketing to complete her dreams and encourages others to take that first step as she did when she signed up for BTVI in 2004. According to
Director of Education and Professional Development at the Council of Fashion Designers of America (CFDA), Sara Kozlowski, fashion education has grown compared with 10 years ago. In a 2017 interview, it was noted that in the United Kingdom, there were more than 30 colleges and universities offering fashion degree courses. In 2017, the London College of Fashion launched a new Fashion Business School and in fall 2018, Kent State University School of Fashion Design and Merchandising added a Master of Fashion Industry Studies to its programmes - reportedly the first of its kind in the academic world. Meanwhile, fellow designer, Myrlande Juilen grew up thinking she wanted to become a high school teacher. After further deliberation and finding herself, she quickly changed plans, realising her personality did not match that career. Fashion design started out as a hobby for Myrlande and though she was naturally gifted in it, she knew the importance of seeking higher education to further develop her skills. She graduated from BTVI in 2010 and several years later, she is still using those skills every day in her business. The Lyford Cay Foundations Scholar matriculated to
The Academy of Design at the RCC Institute of Technology in Canada to study Fashion Marketing. “I use the skills that I gained in the BTVI fashion programme in my work daily. Having learnt different techniques to create clothing for both men and women at BTVI, I have been able to have a wider range of clientele,” said Myrlande, who was also one of 12 designers for the 2016 AIDS Foundation’s Red Dress Soiree. She started her business – Juju Season – in 2016 and opened her first storefront where she retailed her hand-made clothing and accessories. She has since shifted her focus to expanding her Myrlande Julien brand, which consists of bridal and evening wear, and accessories. Myrlande also had the opportunity to have her designs featured during the 2016 Miss Bahamas pageant where she won the Designer Showcase award, which was exclusively for BTVI students. Having won that award, she went on to design an outfit for then Miss World Bahamas, Ashley Hamilton to wear at the Miss World pageant held in Washington. Both entrepreneurs knew what they wanted to do and followed the right path to get it done, become job creators as opposed to job seekers. They are proof that nothing can stop someone with a dream and the drive to make it a reality. “Gain An Edge” is a weekly collaboration of Lyford Cay Foundations, Bahamas Technical and Vocational Institute and University of The Bahamas aimed at promoting a national dialogue on higher education. To share your thoughts, email gainanedge@tribunemedia.net.
EMAIL: insight@tribunemedia.net
Take time to think and keep our children safe EVERY day thousands of children take to the streets to get to and from school. Many kids may not understand or be able to use safety rules. Children do not have the same frame of reference for safety as adults. They may not “look before they leap,” which is why it is so important for families to supervise children and practice safety skills with them to make certain they really know and understand. The tips noted below will help keep our kids safe. Drivers * Be alert, slow down and avoid any distractions inside your car so you can concentrate on the road and your surroundings. * Do not talk or text while driving. * Make sure everyone in the car buckles his or her seatbelt. Not only will it keep you safe, it is also the law. * Exercise extra caution as you head out to work and be on the lookout for school kids. * Do not drink and drive. Tips for guardians
parents
and
* Instruct your children to stay in well-lit areas, never take shortcuts and never go into isolated areas. * Teach them to stay aware of their surroundings and observe all traffic rules in place to more safely share the roads and sidewalks with others. * If anyone bothers your children or makes them feel scared, uncomfortable, or confused while going to or from school, teach your children to trust their feelings, immediately get away from that person. * If an adult approaches your children for help or directions, remember grown-ups needing help should not ask children; they should ask other adults. * Instruct your children to never accept money or gifts from anyone unless you have told them it is OK to accept in each instance. * Always provide supervision for your young children to help ensure their safe arrival to and from school. * Show your kids which way to walk to and from school. * Teach your children about the tricks someone may try to use to confuse them or engage them in conversation. * Ensure current and accurate emergency contact information is on file for your children at their school. * If you, or another trusted family member
or friend, need to pick up your children, make sure to follow the school’s departure procedures. These procedures need to include the school’s confirmation of your children’s departure with only those you authorize to pick them up. * Teach your children if anyone tries to take them somewhere they should quickly get away and yell, “This person is trying to take me away” or “This person is not my father/ mother/guardian.” * Teach your children if anyone follows them on foot to get away from that person as quickly as possible. If anyone follows them in a vehicle they should turn around, go in the other direction and try to quickly get to a spot where a trusted adult may help them. Advise them to be sure to TELL you or another trusted adult what happened. School safety tips for kids * If walking to school, use sidewalks where available. In areas where there are no sidewalks, walk along the side of the road facing traffic. * Avoid using headphones or other electronic devices that will distract you from traffic. * While at your bus stop: do not run into traffic. * Arrive to your bus stop early. * Never walk behind the bus. * Make sure you know which bus to catch. * Make sure the bus comes to a complete stop before trying to enter or exit the bus. * When crossing the street observe traffic, watch for the signal from drivers to cross.. * Say NO if anyone you do not know or a person who makes you feel scared, uncomfortable, or confused offers a ride. Do NOT accept a ride from anyone unless your parents have told you it is OK to do so in each instance. * Let your parents know about activities you participate in that may cause you to leave earlier or arrive home later. * Remember to call your parents once you arrive home. While at school most teachers have their own
rules for what goes on in their classroom but here are a few other things you should remember when you are in class: * Do not carry a gun, a knife, illegal drugs or any weapon to school. Possession of these items will lead to arrest and criminal charges. Tips for teachers * Greet your students as they enter your classroom. Introduce yourself and make it a point to create small talk with your students over. This establishes trust and students often go the extra mile for teachers they trust. * Establish and review classroom routines. Take some time to reflect on the previous school year and any changes that may need to take place within your classroom. Reflect on what worked and what did not, as well as why it did or did not work. You do not have to revamp it all, just polish it every year. Then model your expectations, starting on the first day. Students crave structure whether they will admit it or not! * Focus on ways to create a safe environment for your students. This can be done through morning meetings where teachers and students greet each other and take time to share their thoughts as well as review a run-down of the day’s events. Create activities that promote students to take risks, and have a safe place for them to fall. After all, we often learn more from our mistakes than we do from our successes. To all residents
citizens
and
Let us all do our part. “It takes a village to raise a child” meaning, it takes an entire community to raise a child. A child has the best ability to become a healthy adult if the entire community takes an active role in contributing to the rearing of the child. For more information please visit the Royal Bahamas Police Force website at www.royalbahamaspolice. org or Facebook page at www.facebook.com/rbpforce for Latest News, Daily Crime Reports and additional Crime Prevention Tips.
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THE TRIBUNE
Monday, January 21, 2019, PAGE 11
Police officers sued over illegal detention from page one The action comes roughly six months after Senior Magistrate Derence Rolle-Davis ordered that Cpl Rolle and P/C Taylor be charged with perjury and investigated for the “egregious” false narrative they painted in their police reports concerning Johnson’s arrest. At the time, Magistrate RolleDavis said the officers’ evidence was in “direct conflict” with the video surveillance footage obtained from the club, and said it was “clear that the police planted this weapon or at best discovered a weapon where (Johnson) was not, at the time of discovery.” Magistrate Rolle-Davis also found the subsequent investigation of D/C Mills to be “without competence” and “woeful at best”, and recommended at the time that D/C Mills “should also be reprimanded”. According to the writ, filed on December 13, 2018 by his attorney Bjorn Ferguson, Johnson intends to fully rely on Magistrate Rolle-Davis’ ruling, as well as the officers’ actions to date “insofar as they have failed to make a full and proper apology” for the way he was treated. According to Cpl Rolle’s report, while on routine mobile patrol sometime after 11.15pm on December 22, 2017, the crew of Alpha Bravo Tango #1, which consisted of himself, Superintendent K Neely, and P/C Taylor, were conducting an inspection at the 40/40 Restaurant and Bar. Cpl Rolle said he observed a dark male walk off to the restroom at a “fast pace”. As a result, Cpl Rolle and P/C Taylor gave chase where the former observed the man remove a black handgun out of his waistband and drop it into the toilet tank. Cpl Rolle’s report said he and
ATTORNEY General Carl Bethel is listed as a fifth defendant due to his responsibility for providing legal representation to The Bahamas’ government, its agencies and officials acting in their official capacities. P/C Taylor subdued the suspect, then used a plastic glove and removed the firearm from the toilet. Upon closer inspection of the weapon, Cpl Rolle said in his report he realised it was a Taurus 9mm which contained six live rounds. Cpl Rolle said he then cautioned and arrested the man who gave his name as Dominic Michael Johnson of Kent Drive, Coral Harbour. He was handcuffed and searched, then placed in a marked police vehicle and taken to the Carmichael Road Police Station. The firearm and the six rounds and magazine were initialed. According to a report from D/C Mills dated December 23, 2017, while on duty at the AntiGang and Fire Investigation Unit
on December 23, he saw and spoke with Detective Sergeant 2600 McKinney who gave him a black Taurus 9mm pistol with the serial number erased; one black magazine and six rounds of 9mm ammunition. Det Sgt McKinney also informed him a suspect, Dominic Johnson, of Kent Drive, Coral Harbour was in custody in reference to those items. Sometime around 4.35pm on that date, D/C Mills interviewed Johnson in the presence of Detective Corporal 2422 Ward and his attorney Wilver Deleveaux. Johnson was shown the firearm, the ammunition and the magazine, and was also asked certain questions, all of which he replied to by saying “I refuse all questions.”
At the end of the interview, Johnson was asked to read over the record of interview and initial his name, but replied “I refuse to read and sign anything.” However, his attorney asked to read over the record of interview and was allowed to do so. Afterwards, D/C Mills and D/C Ward signed and dated the record of interview. At the conclusion of his investigation, D/C Mills further cautioned and charged Johnson with possession of an unlicenced firearm and ammunition. D/C Mills then marked the weapon and ammunition and submitted them to the police forensic laboratory. All in all, Johnson was detained for 62 hours at the Carmichael
Road Police Station pending his court appearance before Magistrate Rolle-Davis. He was subsequently released on bail. Mr Ferguson, upon receipt of the video surveillance footage from the proprietor of Club 40/40, showed the footage to two police prosecutors prior to trial, and sought to have the matter withdrawn as the officers’ evidence contradicted the video footage. However, both prosecutors refused to withdraw and insisted the matter proceed to trial. But during the trial, when the video footage was shown, and the evidence of Cpl Rolle and P/C Taylor presented to the court, Magistrate Rolle-Davis ruled that both were “clearly in contradiction” of one another. He found the matter to be “egregious” and ordered the two officers to be “investigated and charges levied against them for perjury before the court.” Magistrate Rolle-Davis said accordingly, Johnson is found not guilty of the charges on both counts, and was acquitted on October 21. Now, Johnson is asserting that he was “prosecuted by the defendants maliciously and without reasonable and probable cause.” He further claims he suffered “constant fear and anxiety” as a result of the “groundless” case against him, and further claims he has suffered a “psychiatric reaction” as a result of his arrest, false imprisonment, malicious prosecution and fear of incarceration. As such, he is seeking damages for false imprisonment; malicious prosecution, and aggravated and exemplary damages for false imprisonment and malicious prosecution. Johnson is also seeking general damages and interest on all damages pursuant to the Civil Procedure (Award of Interest) Act, 1992; such further or other relief as the court deems just, and legal costs.
PAGE 12, Monday, January 21, 2019
THE TRIBUNE
Major flaws in prosecution case, says Smith’s attorney By RICARDO WELLS Tribune Staff Reporter rwells@tribunemedia.net
PROSECUTORS in the extortion and bribery trial of Frank Smith erred when they failed to interview former Deputy Prime Minister Philip “Brave” Davis and analyse the alleged role Smith played in awarding Barbara Hanna a $500,000 annual Public Hospitals Authority contract. This assertion was made by Keith Knight, QC, Smith’s lead attorney on Friday, at the close of his “no case” arguments. An animated Mr Knight suggested these two key failures flawed major aspects of the prosecution’s case, namely the establishment of how Smith allegedly used his position as PHA chairman to influence Hanna’s receipt of a contract, and then extorted her and accepted bribes. Mr Knight also criticised the failure of investigators to speak to Mr Davis to verify, at the very least, when and why he spoke to Mrs Hanna. Information Mr Knight said would have clearly shown the accused and Mrs Hanna never met, or at best met after Mrs Hanna was awarded her contract. Closing his submissions, Mr Knight said: “When I spoke about shoddy investigations (the prosecution) reprimanded me, tell me that shoddy investigations is not effective… that is what I meant; (the prosecution) should have gone to PHA to find out what was his involvement in this award of contract.” Mr Knight continued: “What was his involvement? What he did? Did he even vote at the board meeting? What did he do? “The shoddiness … they said this morning that I didn’t challenge whether or not Mrs Hanna went to Mr Davis. (The
FORMER PLP Senator Frank Smith and Keith Knight, QC, right, outside court last week. prosecution) should have gone to Mr Davis and taken a statement because what she said is she went (to him). “Why she went? What did he do? What did he say? That is what they should have done,” Mr Knight said. “But instead what did they do? Caused Mrs Hanna to not even have the slightest idea
why she was there,” he added, referring to Mrs Hanna’s earlier indication that she was unaware of why investigators sought her out. Mrs Hanna previously testified that she was awarded the contract after Mr Davis sent her to meet with Smith and that she met with Mr Davis while waiting for approval on her bid.
Photo: Shawn Hanna/Tribune Staff
The submission closed nearly 14 months of deliberations, leaving it for Chief Magistrate Joyann Ferguson-Pratt, who is hearing the matter, to make her ruling. Prosecutors have charged that Smith, between April 2016 and April 2017, in respect of his duties as a public officer, demanded and obtained $5,000 per month
from Barbara Hanna, knowing he was not lawfully authorised to do so. He is also alleged to have attempted to extort another $5,000 from Mrs Hanna. Concerning the bribery charge, it is alleged he solicited $5,000 a month from Mrs Hanna for aiding her to get a contract with PHA. The case resumes on February 1.
COURT OF APPEAL ORDERS KILLER’S RETRIAL from page one
Prior to his death, Nichols was reportedly charged with murder after eluding police for some three years. He was accused of the murder of Kirk “Tank Dog” Ferguson in the early 2000s along with Randino Pratt. Police reportedly also previously issued an all-points bulletin for Nichols in May of 2011 in connection with a shooting that took place that month. The appellate judges, in a written ruling, said while they were not convinced of Alexis’ innocence in killing Nichols, they were “unable to shrug off” their “lurking doubt” that his conviction was unsafe because of the
alleged ineptitude of his then attorney in handling his case, as well as the “inadmissible evidence that was placed before the jury”. The appellate judges further noted the success of Alexis’ appeal could have actually turned on whether his previous attorney provided the “requisite care and attention to his client’s case”; however, they said that still afforded them an opportunity to “impart a statutory lesson to lawyers in general and defence lawyers in particular.” According to the ruling, around 6.40am on the date in question, Nichols was in his vehicle in front of his residence on Florida Court waiting for Anastasia Ellis to come outside.
Ms Ellis, while walking to the front of the vehicle, noticed two men standing further up the street on Florida Court. One of the men wore a dark blue hoodie and blue, long pants. His back was facing her at the time so she couldn’t see his face. However, the man was said to be 5’4” to 5’5” tall. The other man wore a white piece of cloth over his head, and stood as if he was looking through the corner. That man was about 5’6” to 5’7” tall. Both men had dark complexions. In her statement to police, Ms Ellis stated she didn’t pay much attention to the men because she thought they were going to work. However, she said as
soon as she got in the car and closed the door, and Nichols reached to close his door, the man in the white t-shirt ran up to the car and pointed a gun directly at Nichols’ head before firing. The gunman, Ms Ellis said, wore Oakley shades with orange “fire” lenses. Ms Ellis said she tried to get out of the car, but the other man started shooting at her as well. Nonetheless, she managed to get out of the vehicle and subsequently hid behind it. The men started to run away and while doing so, Ms Ellis glimpsed the face of the man who wore the white t-shirt. She said she went back to the car where she found Nichols alive, still breathing, but with a gunshot wound to the head. Ms Ellis said she would be able to identify the man who wore the white t-shirt. She also described the gun that man had as a “minitype machine gun with a long clip.” Both men held their guns with their right hands. At the trial, Ms Ellis did not appear but the Crown applied to have the statement she gave to the police read into evidence. The application was not opposed by Alexis’ thenattorney, Mario Gray. The Crown also relied on an alleged confession contained in a record of interview made by Alexis; a video recording taken while Alexis was out on inquiries with the police officers; and a composite sketch of the alleged assailant composed by a police sketch artist based on Ms Ellis’ directions. Alexis, meanwhile, testified on his own behalf and called two witnesses in his defence: Angela Johnson and Lisa Leonard. His case was that he did not shoot Nichols because he was at the Corner Motel on Carmichael Road at the time the incident occurred. Alexis further claimed his confession statement was obtained by force and that he was coached on what to say in both the record of interview and the video recording. Alexis further claimed he told the police to conduct an identification parade, to test whether he was really the person
Ms Ellis said she saw the morning of the shooting. He further claimed to be very familiar with Ms Ellis. However, there was no evidence that an identification parade was held. Despite his claims, Alexis was convicted of Nichols’ murder on May 13, 2015, and on July 24 of that year, sentenced to 45 years in prison. The time was reduced to 42 years and eight months to reflect Justice Turner’s consideration of the two years and four months he spent on remand. Alexis, via his attorney Stanley Rolle, appealed his conviction and sentence on numerous grounds, a key one being that some specific illegality or irregularity, substantially affected the merits of the case and the fairness of the trial. Specifically, Mr Rolle contended the trial judge failed to address the evidence concerning identification and to “point out any inconsistency between that of the witness…with the actual appearance of the appellant and any other support that lends to a reliable identification.” According to Mr Rolle, forensic artist Ernest Pratt created a composite sketch of the alleged assailant based on information he received from Ms Ellis. However, Mr Rolle said Mr Pratt explained at the time that a composite sketch is “not 100 percent identification”. Additionally, Mr Rolle contended that no description of the alleged assailant given by Ms Ellis was tendered into evidence by Mr Pratt. And neither did that officer provide the forensic information fact sheet along with the exhibit. Thus, Mr Rolle said the jury was left to “speculate” on the composite sketch, and should not have had to do so since they should have been properly cautioned on the issue during the judge’s summation. Mr Rolle further challenged the admission of the sketch into evidence as there was no evidential foundation upon which it could stand. The appellate judges concurred with Mr Rolle on that point. The appellate judges
also noted several issues they had with attorney Mr Gray’s representation of Alexis during the trial, which they claimed contributed to their decision to order a retrial. One example was Mr Gray not objecting to the Crown’s application pursuant to Section 66 of the Evidence Act to have Ms Ellis’ statement to police read into evidence in her absence, despite Alexis’ evident desire to have Ms Ellis give her evidence in person. The appellate judges said in doing so, Mr Gray “deprived” Alexis of the opportunity to challenge her statements. Other “tactics” Mr Gray employed that tended to be “less than helpful” to his client’s case, the appellate judges noted, was Mr Gray eliciting evidence relative to the firearm said to have been in Alexis’ possession at the time of his arrest while cross examining a police officer, who the judges said had “studiously avoided” any mention of that fact up to that time. That, notwithstanding that it was accepted by the parties during trial that the evidence about the firearm had no relevance to the case since the firearms examiner’s report had indicated that the firearm in question was not a firearm used in Nichols’ shooting death. “In view of the circumstances of this case, for example, the production of the sketch without a description being provided by the witness to enable the jury to test the accuracy or correctness of the depiction, the inadmissibility of the sketch, the pervasive reference to the firearm allegedly found in the appellant’s possession and the incorrect direction that it was suggested that that gun killed Dessaline I am not satisfied that a jury properly directed on the evidence properly admitted would inevitably have convicted the appellant,” Justice Isaacs wrote. “Nevertheless, I am satisfied that the justice of this case requires that there be an order for a retrial; hence I order that the appellant undergo a new trial as soon as is practicable.”
THE TRIBUNE
Monday, January 21, 2019, PAGE 13
China sinks to 30-year low BEIJING Associated Press CHINA’S economic growth fell to a three-decade low in 2018 as business activity lagged amid a tariff war with Washington. The world’s second-largest economy expanded by 6.6 percent over a year earlier, down from 2017’s 6.9 percent, official data showed yesterday. Growth in the three months that ended in December cooled to 6.4 percent from the previous quarter’s 6.5 percent. Communist leaders are trying to steer China to slower, more self-sustaining growth based on consumer spending instead of trade and investment. But the slowdown has been sharper than expected, prompting Beijing to step up government spending and order banks to lend more to shore up growth and avoid politically dangerous job losses.
“Growth will remain under pressure in the coming months,” Louis Kuijs of Oxford Economics said in a report. “Key risks are the ongoing trade tension with the U.S. and that credit growth does not recover.” Economic activity held up through most of 2018 despite President Donald Trump’s tariff hikes on Chinese imports in a fight over Beijing’s technology ambitions. But exports contracted more sharply than forecast in December as the penalties began to depress demand. Growth in 2018 was the lowest since 1990’s 3.9 percent in the aftermath of the violent crackdown on pro-democracy protests centered on Beijing’s Tiananmen Square the year before. Growth in investment, retail spending and factory activity all declined, the National Bureau of Statistics reported. The slowdown is adding to
pressure on President Xi Jinping’s government to settle its dispute with Washington. The two sides have imposed tariff hikes of up to 25 percent on tens of billions of dollars of each
SON KILLS HIS PARENTS, GIRLFRIEND AND BABY
OREGON Associated Press
A RURAL Oregon man killed four members of his family at the home they shared and was shot by sheriff’s deputies as he tried to kill a girl, authorities said. Mark Leo Gregory Gago, 42, killed his parents, his girlfriend and their infant daughter on Saturday night before deputies shot him, the Clackamas County Sheriff’s Office said. The victims were not shot, The Oregonian reported. Sheriff’s Office Sgt. Brian Jensen said the causes of death will be investigated. “We’re not sure what was used at this time,” Jensen
KILLER: Mark Gago. told reporters near the scene. “I’ve been told that there were numerous weapons, swords, things of that nature in the residence. The investigators are trying to determine what exactly was used to kill each person.” The sheriff’s office
identified the victims as Olivia Gago, 9 months, Shaina Sweitzer, 31, Jerry Bremer, 66, and Pamela Bremer, 64. The sheriff’s office took an emergency call from a resident of a home at about 10:15 p.m. Saturday. The caller described a violent and hectic scene, Jensen said. Arriving deputies found a “horrific” situation, Jensen said. “I’ve talked to investigators, 20-year veterans, and they’re saying this is a shocking scene,” Jensen said. They found a woman dead outside the home and Gago attacking the child. The 8-year-old child was Sweitzer’s daughter from a previous relationship.
other’s goods in the fight over US complaints Beijing steals or pressures companies to hand over technology. Washington is pressing China to roll back plans for state-led industry development
that its trading partners say violate its market-opening obligations. The dispute and news of job losses and falling sales of autos and real estate have rattled Chinese consumers. Some are cutting back on spending, which might worsen the downturn. In a possible sign of progress, the Chinese government announced on Friday that its top trade envoy, Vice Premier Liu He, will visit Washington for talks Jan. 30-31. Business groups and economists said a decision by Liu and his American counterpart, Robert Lighthizer, to get directly involved would suggest earlier talks by lower-level officials made progress. Forecasters expect growth to decline further this year to 6.3 percent or lower. They predict the decline will bottom out this year as Beijing’s stimulus efforts gain traction.
DEATH NOTICE Kafi Noelle Cartwright, 38
died at The Princess Margaret Hospital on January 14th, 2019. She is survived by her Daughter: Kayana Cooper, Sister: Mavranae Hepburn, Father: Christopher Cartwright, Grand Mother: Sylvia Adams-Smith-Russell, Brothers: Omar Cartwright, Uncles: Christopher, Raphael, Nathaniel, Gregory Burrows; Aunts: Alison, Era and Joy Adams, Ava Forbes, Cornelia Lightbourne and Barbara Burrows; and a host of other relatives and friends which will be announced at a later date. Memorial arrangement are being handled by Restview Memorial Mortuary.
PAGE 14, Monday, January 21, 2019
THE TRIBUNE
Running to raise money for cancer support
HUNDREDS of people ran The Susan G Komen Bahamas Race for the Cure on Saturday. Established in 1982, the run has grown from one race with 800 people in Dallas to a global series of more than 140 races with 1.7m people participating in four continents. Photos: Terrel W Carey Sr/Tribune Staff
BAHAMAS DEVELOPMENT BANK
Employment Opportunity
Suitable candidates are invited to apply for the position of Manager, Credit Operations, Bahamas Development Bank. The successful applicant will have satisfied the requirements and be able to provide the services as noted below. General Duties and Responsibilities: • Leadership / oversight of credit operations with the aim of achieving specific targets under the Strategic Plan (e.g. Sectorial Development Programs); • • • • • • • •
Liaison with internal (e.g. Strategic Development & Initiatives Dept.) and external stakeholders / partners (e.g. Government Ministries, IDB, etc.) to provide funding to various economic activities; Provide advice and guidance to unit managers (e.g. origination, administration, delinquencies) regarding policies and procedures, including but not limited to standards for granting credit, risk appetite / exposure, quality control and loss minimization; Formulating strategies to ensure outstanding amounts are collected and or legally pursued in a timely manner; Periodic (e.g. monthly) Credit Operations reports (e.g. Quality of Portfolio, provisions, restructures, write-offs, sectorial exposure, etc.) to Management , Credit review Committee and/or the Board as directed from time to time; Provide leadership as regards clients acquisition, administration / maintenance including periodic site visits with an aim of maintaining good relationship and targeted credit portfolio performance; Planning and controlling Credit Operations budget (e.g. training, travel, professional fees, etc.) to achieve specific objectives including periodic site visits, appraisal, etc.; Evaluating the overall department’s performance and that of individual staff as it relates to achieving the Strategic Plan and individual targets / objectives including directing the closure of performance gaps; Managing systems and processes that meets service excellence standards (e.g. client turn-around times, complaints) to safeguard / enhance BDB’s reputation / public perception;
Skills & Abilities Requirements • Proficient knowledge of commercial lending policies, procedures, practices and documentation; • Excellent written and verbal communication skills; • Proficient knowledge and ability to analyze financial statements, evaluate business plans; • Proficient in Microsoft Office Suite (i.e. Excel, Word, Power Point, Outlook); and • Efficient team building employee coaching, organization, negotiating and change management skills. Qualification & Experience • University Degree in Business Administration, Accounting, Economics or Finance; • 8-10 year experience in credit including 3-5 years as a “people manager” is required All interested applicants are asked to submit a resume along with letter of interest to the Human Resources Department, no later than end of business January 25, 2019 via email to hr@bdb.gov.bs. ONLY SHORT LISTED CANDIDATES WILL BE CONTACTED.
MANUELA LYONS, the first woman across the line, and O’Neil Williams, the first man to finish
PAGE 16, Monday, January 21, 2019
THE TRIBUNE
FORMER CIA MAN PORTRAYED IN ‘ARGO’ FILM DIES Associated Press
A FORMER CIA technical operations officer who helped rescue six US diplomats from Iran in 1980 and was portrayed by Ben Affleck in the film Argo, has died. He was 78. A family statement and his literary agent confirmed that Antonio “Tony” Mendez, pictured right, died on Saturday at an assisted-living centre in Frederick, Maryland. He had suffered from Parkinson’s disease, according to the statement. Specialising in covert operations, Mendez helped devise the plan under which six diplomats who were in hiding were disguised as a Canadian film crew so they could board a flight and escape the country amid the Iran hostage crisis.
The daring plot captured the public’s attention in Argo, which won the 2013 Oscar for best picture. Mendez spent his career working undercover in Cold War battlegrounds. Working as a “chief of disguise,” Mendez and his workers helped secret agents remain secret through creating false documents and disguises, according to a biography for his first book, “The Master of Disguise; My Secret Life in the CIA.” “Tony Mendez was a true American hero. He was a man of extraordinary grace, decency, humility and kindness,” Affleck tweeted. “He never sought the spotlight for his actions, he merely sought to serve his country. I’m so proud to have worked for him and to have told one of his stories.”