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VOLUME:115 No.51, FEBRUARY 5TH, 2018
THE PEOPLE’S PAPER: $1
SPORTS: SHAUNAE MILLER TIES WORLD RECORD
EAGLES SOAR TO SUPER BOWL WIN SEE SPORTS
Jean Rony thrown back in detention
Seized at airport as Govt seeks to overturn ruling By AVA TURNQUEST Tribune Chief Reporter aturnquest@tribunemedia.net
Jean-Charles was in the air travelling back to The Bahamas from Haiti. Mr Jean-Charles travBAHAMAS-born Jean elled to the country on a Rony Jean-Charles was Flamingo Air flight from sensationally arrested Cap-Haïtien, Haiti, which and taken to landed around the Carmichael 3pm. Road Detention To get to CapCentre having Haïtien, Mr returned to the Jean-Charles country on a travelled from court-ordered Port-de-Paix on and state-issued the back of a travel document moped. A jourthis weekend. ney that took His arrest some nine hours follows an emerto complete, gency stay of ATTORNEY General according to his Supreme Court Carl Bethel lead attorney Justice Gregory Fred Smith, QC. Hilton’s landmark ruling In Nassau, Mr Jeanordering his return, which Charles was immediately Justice Hilton report- SEE PAGES FIVE, SIX & SEVEN edly granted while Mr
GLENYS TO DEFY SPEAKER’S BAN By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net
ENGLERSTON MP Glenys Hanna Martin will attend the next sitting of the House of Assembly
despite being named and suspended indefinitely by House Speaker Halson Moultrie, Official Opposition Leader Philip “Brave” Davis announced yesterday. SEE PAGE 12
JEAN RONY JEAN-CHARLES, seated at back, is hauled away in the Immigration bus.
Photo: Terrel W. Carey/Tribune Staff
TURNQUEST ORDERS TOTAL TAX REVIEW MOTORIST By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
A TOP finance official has pledged there will be “no sacred cows” as the Government embarks on a wide-ranging review of all tax laws, regulations and procedures. Marlon Johnson, the Ministry of Finance’s acting financial secretary,
told Tribune Business that “nothing is out of bounds” as the Government seeks to marry tax administration and enforcement with an improved “ease of doing business”. He revealed that the Minnis administration had given the Ministry and its revenue collecting agencies, including the Department of Inland Revenue (DIR) and Bahamas Customs “a
clear mandate” to review all current tax processes and make recommendations on how they can be improved to better enable commercial flows. “In terms of all the Acts, we have been mandated to look at all the prevailing legislation that impacts upon what we do,” Mr Johnson said. FULL STORY - SEE BUSINESS
JUBILEE GARDENS FAMILIES FILE SUIT By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net
MORE than 100 residents of Jubilee Gardens have filed a class action lawsuit against the government and Renew Bahamas for causing them to be “sickened to near death” as a result of the “toxic and hazardous” emissions caused by the recurring fires at the New Providence Landfill. The 111 residents, in a
SMOKE at the dump after the most recent fire. writ dated February 2 and obtained by The Tribune, are suing the government and Renew Bahamas for
breaching their respective duties to ensure that adequate measures were taken to manage the landfill and prevent the fires and resulting “toxicity” from adversely impacting them and their “convenience of living”. The residents are also suing the government in particular for breaching its “duty of care” by failing to “properly assess the danger of placing them so SEE PAGE 12
Nassau & Bahama Islands’ Leading Newspaper
DIES AFTER CARJACKER OPENS FIRE By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net POLICE are investigating the circumstances surrounding a shooting incident that left a man dead on Saturday night. This latest incident marked the country’s 10th murder for the year, according to The Tribune’s records. According to police, shortly after 11pm on Saturday, a man went into the Southern Police Station suffering from a gunshot wound to his body. He said he was in his vehicle at the junction of East Street and Brougham Street when he was approached by two men with firearms who SEE PAGE THREE
PAGE 2, Monday, February 5, 2018
THE TRIBUNE
JUSTIN Timberlake performs during halftime of the NFL Super Bowl 52 game yesterday. Photo: Matt Slocum/AP
NO MALFUNCTIONS FOR TIMBERLAKE By The Associated Press
JUSTIN Timberlake ended his Super Bowl halftime show on Sunday with no unintentionally exposed body parts. Still, the singer made reference to the infamous 2004 Super Bowl “wardrobe malfunction,” the incident where he raised a ruckus by yanking off part of Janet Jackson’s costume and freeing her bare breast. Timberlake played “Rock Your Body,” the same song he performed with Jackson 14 years ago that resulted in “nipplegate”. This time, though, Timberlake omitted the lyric that proclaims “bet I’ll have you naked by the end of this song”. It may have been the only thing left out of the halftime show, where Timberlake seemed intent upon involving everyone in the stadium except the Eagles and Patriots. He appeared to try every idea thrown at him in production meetings. One may have worked well — opening his set in the bowels of the stadium in what was made to seem like a small club — if the performance hadn’t rendered his new single “Filthy” unintelligible. Timberlake climbed steps out into the stadium, down a runway to a stage while singing “Rock Your Body”. He was constantly surrounded by dancers, enthusiastic musicians and jumping audience members, so much so that it made the star of the show seem small. He danced on the NFL’s midfield logo, brought out
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a marching band dressed in tuxedos, gave audience members giant reflecting mirrors, played at a gleaming white piano, had two elaborate stage sets and even climbed into the audience to take “selfies” with a young fan. Sitting at the piano, he performed a “duet” with the Twin Cities’ late star, Prince, whose image was projected on a giant scrim beside Timberlake. It was a touching tribute, particularly when cameras outside the stadium caught Prince’s insignia in lights, although the song choice of “I Would Die For U” felt unnecessarily macabre. Timberlake was at his best in his breezy hits “Sexyback” and “Can’t Stop the Feeling,” which emphasized his appeal as an adept song-and-dance man. It was why the NFL brought him back despite the history with Jackson. In fact, a backlash had grown recently among people who wondered why Jackson seems to be forever punished for the “wardrobe malfunction” while Timberlake skated by. Perhaps that left him feeling that he had to try too hard to get back into the public’s graces. He wasn’t the only performer at the Super Bowl. Leslie Odom Jr performed “America the Beautiful” before the game and Pink sang “The Star Spangled Banner,” perhaps the most anticipated version of the national anthem in Super Bowl history. • Super Bowl coverage, see Sports
THE TRIBUNE
Monday, February 5, 2018, PAGE 3
MOTORIST DIES AFTER CARJACKER OPENS FIRE from page one
demanded he give them his car. He said after he declined and was driving
off one of the men fired a shot at him. Paramedics assisted the man to the hospital, but he was pronounced dead shortly thereafter. On January 25,
19-year-old Breanna Mackey was stabbed to death the day after celebrating her birthday. Mackey, of Palm Beach Street, was walking on Key West Street when a
silver coloured Honda stopped next to her and three women got out of the vehicle, according to initial police reports. Mackey was stabbed about the body before her
Dames: We must identify the causes of crime By ERIC ROSE Bahamas Information Services
MINISTER of National Security Marvin Dames recently said that over the past decade, escalating crime and violence numbers have presented challenges to the economic and social development of The Bahamas. “Much of the violence and crime that we are seeing is motivated by individuals and their inability to resolve conflicts peacefully and with civility,” Mr Dames said at a recent meeting of the Rotary Club of East Nassau at the Nassau Yacht Club. “If we are going to restore law and order and build public safety within our society, we must bring focus to the causal factors which contribute to crime and violent behaviour,” he added. “At the core of the matter, we must first address how we deal with daily conflicts on our
streets, in our homes, at our schools and in our social environments.” In The Bahamas, Mr Dames said, homicide victims are predominantly males, and, in fact, over the past five years, males accounted for a disproportionate number of homicide victims. “Gang violence mainly perpetrated by males, presents several challenges for law enforcement and public safety,” he said. Mr Dames noted that, according to a local murder study in “Solutions to the Murder Problem” (Hanna, 2017), 31 per cent of murder victims and 42 per cent of murder suspects were active gang members and involved in gang activity. “The study also suggests that gangs are often formed due to system failures or community dysfunctions and that many of the revenge and/or retaliation murders are by-products of ongoing feuds among gang rivals,” he said.
While the primary victims of homicide are young men, Mr Dames said, violence against women and children is also a concern. A National Anti-Drug Secretariat study on murder for the period, 2010 – 2015 revealed that 10 per cent or 75 of the murders committed, were a result of domestic violence and involved violence between intimate partners, siblings and parent-child relations, he pointed out. “Domestic violence also includes physical, physiological, and emotional abuse between intimate partners, parents and children, siblings and/or family members,” Mr Dames said. “Further, several studies conducted between 2009 and 2010 suggested that domestic violence in some form occurred in 62 per cent of the homes in The Bahamas.” Mr Dames said that an examination of the motives behind murders in 2017 suggested that perpetrators
were gang members, and that violence existed in their homes. He added that a study found that, of those charged with the offence of murder, 97 per cent were male; 82 per cent ranged in ages from 18-35 years of age; 58 per cent had prior criminal records; and 42 per cent were involved in gangs. Earlier studies also revealed that 71 per cent of murder suspects were unemployed, he noted. “These statistics, particularly the loss of human life suggests that peace and conflict resolution are real challenges facing our country today,” Mr Dames said. “I readily acknowledge that there is no ‘quick-fix’ to the complex issue of crime, as many issues we face today are the manifestation of many years of inattention, abdication of responsibility and neglect. “It would be naive to assume that this very complex predicament of criminality can be rectified overnight.”
VEHICLE WITH TEN INSIDE OVERTURNS By DENISE MAYCOCK Tribune Freeport Reporter dmaycock@tribunemedia.net GRAND Bahama police are investigating a traffic accident in east Grand Bahama that resulted in a number of people being hospitalised with various injuries. Police received a report of an accident on January 31 shortly after 3pm off east Grand Bahama Highway, involving a yellow 1965 Mercedes Benz Unimog with ten occupants. The vehicle overturned and the passengers sustained minor to serious injuries. Two EMS vehicles were dispatched to the scene and transported the victims to the Rand Memorial Hospital. Police are investigating the matter. Meanwhile, a man killed in a traffic accident in Grand Bahama has been identified as Moses Omar Leopold, 38, of No 1 Ricket Street, Jamaica. Leopold was one of several people injured in a two-car accident that occurred on January 25, at the junction of Coral Road and Grand Bahama Highway. The incident happened around 8am and involved a 2007 Nissan Cube with three occupants and a white 2001 Honda Accord with four occupants.
All occupants were transported to the Rand Memorial Hospital. Leopold, a passenger in the Nissan Cube, died from
his injuries at hospital on January 27. Police are continuing an investigation into the accident.
assailants left the scene. She died in hospital. A day prior, a man identified by police as Chamico Pheron Mackey, 35, was fatally shot while sitting in the doorway of his own
home in the Plantol Street area. Anyone with information on these incidents is asked to call police at 919, 5029991 or the Crime Stoppers hotline at 328-TIPS.
PAGE 4, Monday, February 5, 2018
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Clumsy handling of the ‘Haitian problem’ WE couldn’t believe the news that was filtering back to us from the Lynden Pindling airport on Saturday afternoon. Under court orders, Bahamian-born Jean Rony Jean-Charles, 35, was on his way home after being deported to Haiti — a land he had never visited and whose language he barely understood. He was being returned on the orders of Supreme Court Justice Gregory Hilton. Last week, Justice Hilton had ordered that travel documents be immediately issued so that Jean-Rony Charles could return from Haiti to The Bahamas at the government’s expense, and that no later than 60 days after his return he should be granted legal status in the country of his birth – The Bahamas. Government filed an appeal against the judge’s order, asking that it be stayed pending the outcome of the appeal. The appeal is to be heard at 2:30pm today. Meantime, Immigration Minister Brent Symonette, acting on Mr Justice Hilton’s earlier instructions, by e-mail at 1:25pm Wednesday, January 31, notified Jean-Rony Charles’ attorney Fred Smith, QC, that “the Ministry of Foreign Affairs will shortly issue a travel letter and will advise you of the same. When you know the travel plans please advise me so that I can advise the Officer in Charge at LPIA.” — signed Brent Symonette. Mr Smith thanked Minister Symonette by return e-mail for his prompt action and said he looked forward to hearing from the Ministry of Foreign Affairs and he would advise him of the travel plans. On the same day, Mr Smith notified Minister Symonette that he had received the travel documents for Jean Rony Jean-Charles. On Saturday, February 3, attorney Smith as requested, notified Minister Symonette and Immigration Director Russell that Jean-Rony was “flying back into The Bahamas on a Flamingo Air flight as per ticket attached for ease of reference. His flight is due to land at LPIA at 2:30 this afternoon” - Saturday. “Can you please, therefore advise the Officer in charge at the LPIA to expect JC’s arrival and see him through without any issue.” “His family,” continued Mr Smith in his e-mail to Mr Symonette, “is very much concerned to avoid fanfare at the airport upon his arrival, and so I have arranged to simply have a person from my office receive him when he comes through Immigration and Customs.” However, at 1:58pm that day, Attorney General Bethel notified Mr Smith of the judge’s reverse orders. The Attorney General copied the information to Minister Symonette instructing him that the Immigration Department was to be “so guided”. Attorney General Bethel sent a dated and signed copy of the stay order at 2.54pm. In other words, everything was to be cancelled until Monday’s court hearing. But it was too late — Jean Rony Jean-Charles was to arrive at Nassau International Airport in about 15 to 30 minutes. Of course, what Attorney Smith now wants to know is how was the Judge contacted to get such a speedy reverse order — if by phone, why wasn’t Mr Smith also on the line to represent his client? And had Mr Justice Hilton been informed that acting on his original decision and instructions last week that nothing could be stayed because
Jean-Rony was already overhead and about to land? Earlier, Minister Symonette had commented that “persons born here should not be deported”. However, he made it very clear that that observation did not refer to the Jean-Rony case, which was now back in the court. However, no one expected Jean-Rony to be arrested and returned to the Detention Centre. It was expected that he would go to his family and be seen by a doctor for injured legs that needed attention. One can imagine the resulting confusion as the word spread on social media (See today’s lead story). One would have thought that everyone would have appreciated the delicacy of the situation and would have handled it discreetly until the court made its final decision today. But, oh no, politicians were stumbling over themselves again and creating situations that could have been avoided. The words that flashed across our mind when told of what was going on at the airport were those of the Bard Shakespeare — “But man, proud man, dress’d in a little brief authority…” It is true that we have a problem of illegal Haitians, but rather than starting with those born, and settled here wouldn’t it be better to focus on the recent arrivals with no work permits? And then after getting that area cleaned up, concentrate on regularising those born here who consider themselves Bahamians with all the rights of citizenship. However, what today we call a “Haitian problem” really started as a Bahamian problem. Bahamians had reached the stage in their development when they looked down on what they called “Haitian work”. As the late Dr Cleveland Eneas once commented: “Who is to clean my car, so that I can be free to run my dental practice?” Yes, for a well ordered society labour at all levels is needed — and is honourable if done with pride. How, could a dentist function efficiently if he also had to take time out to clean his car? The gap that was now widening had to be filled. The stepped-up influx of Haitians started when on coming to power in 1967, the late prime minister Sir Lynden Pindling promised Bahamians that no longer would they be “hewers of wood and drawers of water”. Manual labour was not only demeaning, but abhorrent to Bahamian ears —“that’s Haitian work!” was their cry. And so Bahamians left the farms. Slowly Haitians started to fill the gaps. Now we have what Bahamians call a “Haitian problem” — a problem of their own making. However, we cannot forget that these are human beings with the same hopes, dreams and aspirations as the rest of us and they have to treated fairly. As Joseph Darville of the Grand Bahama Human Rights Association told The Tribune during one of the many Haitian purges several year ago: “There is an incredible blight on this nation, and I am begging that for God’s sake, that my country do the right thing by the people. I do support my government in trying to bring some semblance of normalcy to the invasion of non-Bahamians in the country, but at the same time it should be done in a very humane manner.”
Outfoxing Cable EDITOR, The Tribune. GREETINGS to my fellow Bahamians. Just wanted to say how much shock I was in, after working all day in the sun and coming home to relax and read my Tribune only to find out that Cable Bahamas is getting rid of Fox News. Those crazy, progressive liberals can’t stand to hear the truth about the conservative Republican party, led by President Donald J Trump. They, led by David
Burrows, choose to continue to push the lies of the lame stream media, about Trump, on conservatives in The Bahamas, but I for one will not allow them to brainwash me with those lies. Tomorrow, February 2, 2018, I will be cancelling my subscription of TV, phone and Internet from those clowns. David, you bring shame on yourself by your actions. For someone that spent so many years in Nassau Christian Academy, the Christian classes that
you attended were just a waste of your time. I hope and pray that many more conservatives will be joining me in my boycott of this evil decision that you made. This is just an attack on Fox News for supporting President Trump. I will be signing up with dish network for truth network otherwise known as Fox News. Some people’s eyes are wide shut. EYES WIDE OPEN Nassau, February 1, 2018.
Migration EDITOR, The Tribune. IT is my opinion that we are in a serious national security dilemma as a result of years of unchecked illegal migration coupled with a depressed economy where options are increasingly limited for a large segment of the ‘indigenous’ population where anger, frustration and resentment are mounting. It would be more than refreshing for the Fourth estate to make clear that most countries in the world do not have birthright citizenship and those that did have moved away from it. Being born in the UK to non-British parents does not make one British, same for Germany, Switzerland and most of the world – including Haiti! Even the US and Canada have growing segments of their society wishing to make this change. Most countries ascribe to citizenship by blood (jus sanguinis) as opposed to citizenship by birth (jus soli). Jus soli is observed by a minority of the world’s countries and Canada and the US are the only G7 countries to retain birthright citizenship. I think most people would consider Australia, Germany, New Zealand and the US progressive countries yet No European country grants unconditional birthright citizenship. In fact, the realities of the uncontrolled migration has led countries, such as Australia, Dominican Republic, Germany, New Zealand, South Africa, Thailand and the UK. In Barbados and Antigua and Barbuda, there have been statements of the desire to move away from birthright citizenship, especially as it relates to children of illegal immigrants. (Interestingly, in Barbados, the provisions in the Bahamas and UK are seen to be more desirable than automatic birthright citizenship). In Australia, they have moved to Strengthening The test for Australian Citizenship while they move to tighten rules for citizenship. In fact the UK moved away from birthright citizenship in the 1980s. To become a British citizen by birth you not only had to be born in the UK or a British colony before January 1, 1983 but you must have had the right of abode in the UK i.e. could live and work in the UK without restriction and do not require permission to enter the UK. In fact, Canada is moving to tighten its citizenship rules. Having lived in Canada, concerns about ‘Canadian birth tourism’ are on the rise and generating much public debate about birthright citizenship – a charge being led by a Conservative MP. There have been calls to enact legislation requiring
LETTERS letters@tribunemedia.net at least one parent to be a Canadian citizen or permanent resident before a child born in Canada is granted automatic citizenship. It is also something that has generated much discussion in the US, although more difficult in the American context given the genesis of the right in their particular context. I welcome a comprehensive and honest assessment of where we are as a nation in this dilemma. Like what I consider the ‘silent majority’ however, I support a firm stand on illegal migration and do not think it is in the interest of a country geographically located between the poorest and the richest countries in the hemisphere to have either birthright citizenship or continued waves of unregulated immigrants to whom de facto amnesty is granted. If we do that, we change who we tell the world we are and the cold reality is that notwithstanding the bristling of many countries to the recent comments made by the President of the United States as it relates specifically to Haiti, NOT ONE country is or would open their borders to those wishing to flee that country. Another harsh reality is that all of the millions of Haitians in Haiti are not interested in coming to the Bahamas but quite frankly, that matters not when this country is easily overrun in terms of numbers by the population of a small town in Haiti. I also would like to suggest that the current president of the United States is the most likely of any holding that office to date to act in a way that “punishes” the Bahamas should he consider that we are being too generous with citizenship or that illegal immigrants with a level of melanin are using these islands as a gateway to America. With a mere tweet, we could find that the current benefits we enjoy as Bahamian passport holders are greatly curtailed. The five-year-old niece of my brother-in-law who is from Barbados but is a legal resident of the US could not get a visa to visit him and he routinely tells us that Bahamians do not understand how difficult it is for other Caribbean nationals to access the US and other countries. We take for granted the fact that we have pre-clearance and the ability to travel on a police record to the USA. Perhaps like no other time in our history, this may be under real threat given who occupies the Oval Office. Bahamians of Haitian descent loudly and
routinely announce that their intent is not to stay in the Bahamas but to move on to the USA, Canada and other countries. In 2018, the persons in charge of those countries are taking note and acting accordingly to protect their sovereignty. I would have shared with you my shock when a high ranking US official stationed in the Nassau bluntly told me that too many “Haitians and Africans…” have Bahamian passports. Finally, I do not believe in complaining without offering solutions. Notwithstanding the desire by some to “open the floodgates” and permit anyone born in this country to be allowed to remain, is no such thing as “citizens in waiting” and if the government was truly concerned about what the majority of Bahamians want, they would move expeditiously to do the following: 1 - amend article 7 of the Constitution to make it clear that the parents must be legally resident, not having breached any immigration or other local law 2- cash bond for all work permit holders – value of the bond to be determined by the average full fare cost of flying to the person’s country of origin and cash returned upon proof that the permit holder has left the country (from immigration at the airport) 3- quotas on work permit holders by country, by category and a maximum period of time for which permits are granted i.e. no longer than five years 4- require evidence of residence for granting and renewing of permits i.e. in an apartment or a home as opposed to illegal communities or ‘in the bush’ 5- tiered approach to citizenship – starting with permit to reside with a right to work and after a period of three years of good conduct, eligible for permanent residence and after a period of five years – ability to apply for citizenship if certain criteria is met. 6- ability to revoke legal status if the person engages in any illegal activity, including harbouring or assisting illegal immigration. I hope that articles on this issue truly include some of the issues raised above. It is, I humbly submitted, in line with the silent majority. The recent US elections are an example and warning of how the pendulum swings in a hard leaning direction when the silent majority feels ignored or unrepresented. Hope to have further conversations with you and thank you again for your time. JC, attorney Nassau, January 31, 2018.
THE TRIBUNE
Monday, February 5, 2018, PAGE 5
Jean Rony thrown back in detention from page one
stopped by immigration officers and detained for nearly two hours before he was taken to a bus and driven to the Carmichael Road Detention Centre (CRDC). His attorney, Crispin Hall Jr, was present at the airport; however, Mr Hall Jr said he was not allowed to speak to Mr Jean-Charles and was told by immigration officials he would have to see him at the CRDC. At the airport, The Tribune observed Minister of Immigration Brent Symonette shortly after 4pm, who declined comment at the time. While this newspaper was waiting outside the airport for Mr Jean-Charles to be escorted out, immigration officers attempted to conceal his exit. Upon seeing The Tribune, the officers began to run to a waiting bus with Mr Jean-Charles in tow. Mr Hall Jr shouted to his client not to sign any documents or speak to officials without the presence of an attorney as the bus sped away. Once at the CRDC, Mr Hall Jr was initially denied access, but was later allowed to speak with Mr Jean-Charles for 15 minutes in the presence of an immigration officer, The Tribune was told. Mr Hall Jr arrived at the facility at 5pm, but was not given clearance until 6.30pm. “It was unbelievable,” said Mr Hall Jr, “the efforts and the extent they went to. It was obvious they knew we were present because they used evasive tactics trying to distract me while others went through the back to take him to the bus. “When the call came through and I was able to speak with him, he was terrified, confused, shivering. He was cold and complained about how horrible, tough and arduous the ride was to the airport in Haiti. And how fearful he was after arriving,
JEAN Rony Jean-Charles is hauled away in the Immigration bus as his lawyer makes an attempt to speak to him. Photo: Terrel W. Carey/Tribune Staff before a judge at 3pm on in law and principle, and Mr Smith at 1.58pm that of the emergency stay. Monday. overreached his consti- Justice Hilton had ordered Yesterday, Mr Smith said: However, Mr Smith tutional authority when an emergency stay of his “I am shocked that Mr emphatically denies making he ordered the govern- orders pending a full hear- Bethel is publicly sharing such an agreement and ment to immediately issue ing and determination on our private conversations maintains he advised offi- a travel document for Mr the government’s applica- especially when his vercials he would continue to Jean-Charles to allow him tion for the same. sion is inaccurate. I have try to bring his client back to return from Haiti to the Mr Bethel noted in the respected our private lines at the earliest opportunity. Bahamas at the govern- email, which was copied of communication. As I Mr Bethel, on Satur- ment’s expense, and to to Mr Symonette and sev- said we had no such agreeday, said: “Senior counsel grant him legal status no eral senior officials: “The ment. I’m sure if there had (Fred Smith) and I agreed later than 60 days after his Department of Immigra- been such an agreement he we would argue before a return. tion is to be so guided.” would have communicated judge at 3pm after lunch. Legal counsel also Mr Bethel sent a dated this in writing during our He decides to bring the requested Justice Hilton’s and signed copy of the stay detailed email exchanges man in knowing that we order be stayed pending the order at 2.54pm Saturday. on Thursday and Friday have an application and the outcome of their appeal. The ex-parte order states regarding Jean Rony’s time, and knowing that if he Email correspondence that upon hearing legal travel and documents.” did what he did today (Sat- obtained by The Tribune counsel, Mr Bethel and Mr Smith continued: “I urday) it would have the purports to show that Mr Franklyn Williams, orally am sure that if you ask him, effect of making govern- Smith advised Mr Symon- and on the basis of grave Mr Bethel will confirm that ment’s application futile. ette and Immigration urgency that “all further he repeatedly asked me for “The court made a ruling Director Clarence Russell proceedings and the judg- undertakings that I would staying its original order, of Mr Jean Charles’ return ment in this action…be not seek to fly Jean Rony the question of his deten- and flight details at 12.58pm stayed pending the hearing into The Bahamas on the tion or otherwise will be on Saturday. and outcome of the appli- travel document that his determined in court.” In an email, Mr Smith cation of a stay made by government issued and I On Friday, the govern- explains he was unable to respondents and set down repeatedly declined to do ment filed an urgent appeal give an earlier advisory as for a hearing on Monday”. so. I was very clear throughagainst Justice Hilton’s it had been very challengIn response, Mr Smith out that I intended to ruling, making its case that ing to arrange transport argued the emergency stay continue my efforts to bring the administration of good for Mr Jean-Charles from could not be applied to an in Jean Rony. governance could be signifi- the hillside slums of Port aspect of a judgment that “There was no confusion cantly affected. de Paix, to the airport in had already been complied about that,” he added. Among the grounds for Cap-Haïtien. with, adding that he was appeal, it was stated that According to the chain of surprised he was not called • See pages 6-7 for the Justice Hilton was wrong emails, Mr Bethel notified to participate in the hearing email correspondence.
thinking he was a free man. “He realised in the airport something was wrong because they kept him and were looking at his documents.” Mr Hall Jr added: “But when they took him and arrested him and they forcefully pulled him by his shirt and shoulder, because he has an ailment in his legs it was painful to keep up with their pace. He was afraid, he said he didn’t know if someone was chasing after him to hurt him or what. “He didn’t know who was the good guys and who were the bad guys. He said he didn’t know if they (immigration officers) were saving him from someone or taking him.” Attorney General Carl Bethel confirmed to The Tribune on Saturday that he had requested the stay after he had learned that Mr Jean-Charles’ landing was “imminent”. Mr Bethel said Mr Jean-Charles’ homecoming broke an agreement he made with Mr Smith to argue a stay of the order
PAGE 6, Monday, February 5, 2018
THE TRIBUNE
Back to The Bahamas - the email Over the course of 72 hours, attorney Fred Smith attempted to negotiate with the Government over Jean Rony’s return to The Bahamas. In addition to numerous telephone calls with the government officials involved, the trail of emails between the two sides show how fast the situation developed - and how for Jean Rony how his dream of returning safely to the country of his birth ended in him again being detained. ON 2 Feb 2018, at 11:28 AM, Fred Smith wrote: Gentlemen, Not having received an answer from you to my email below, in particular in relation to my Offer Of Compromise While Reserving All Rights at paragraph 3 below, and given the obligation upon JC to mitigate his damages as best he can, I confirm that JC will proceed to use the ETD under protest as set out below and reserving all of JC’s rights. Regards. From: CARL WILSHIRE BETHEL Sent: Friday, February 02, 2018 11:32 AM Dear Mr. Smith, There can be no change to the ETD in the circumstances, and it agreed that all parties may reserve their respective positions. Regards AG From: Fred Smith Sent: Friday, February 02, 2018 11:33 AM To: ‘CARL WILSHIRE BETHEL’ Dear Mr. Attorney, Thanku kindly for your confirmation. Regards. From: Fred Smith Sent: Saturday, February 03, 2018 12:59 PM To: ‘CARL WILSHIRE BETHEL’ Cc: ‘BRENT SYMONETTE’
Dear Minister Symonette and Mr Russell, I write further to Minister Simonetta’s request to me in his email dated January 31, 2018 below; “When you know the travel plans please advise me so that I can advise the Officer in Charge at LPIA” To notify you that Jean Rony Jean Charles is flying back into The Bahamas on a Flamingo Air flight as per his ticket attached for ease of reference. Can u please therefore advise the Officer in charge at the LPIA to expect HC’s arrival and see him through without any issue. His flight is due to land at LPIA at 2;30 pm this afternoon. His family is very much concerned to avoid fanfare at the airport upon his arrival, and so I have arranged to simply have a person from my office receive him when he comes through Immigration and Customs. I would appreciate it if the government does not alert the press or anyone else to JC’s arrival at the airport. I was unable to advise you earlier as it was challenging to even get JC from the hills of Port de Paix and into Cap Haitian to catch this flight. Luckily he was able to make it. Regards. From: CARL WILSHIRE BETHEL Sent: Saturday, February 03, 2018 1:58 PM
THE IMMIGRATION van with Jean Rony Jean-Charles inside and, right, his lawyer attempting to speak to him before he was taken away. Photos: Terrel W. Carey/ Tribune Staff To: Fred Smith Dear Mr. Smith, Minister Symonette Pursuant to the email fro Mr. Smith advising of the imminent arrival of his client Mr. Rony; and on application to justice Hilton on the basis of grave urgency, his Lordship has granted an emergency Stay of his Orders made on the 30 the January 2018 pending the determination of the hearing of the full application of a Stay on Monday the 5th February 2018. The Department of Immigration is to be so guided. Regards AG From: Fred Smith Sent: Saturday, February 03, 2018 2:43 PM To: ‘CARL WILSHIRE BETHEL’
BRENT SYMONETTE, Minister of Financial Services, Trade and Industry and Immigration at the LPIA International Airport just after Jean Rony Jean-Charles had landed.
Dear Mr Attorney Judge Hilton has confirmed to me that he has issued a stay. Given that a ETD has already been issued and that my client has acted upon it and is in fact already in the air and he is to land in Nassau in @15 to 30 minutes, the emergency stay which you have obtained cannot in law fasten upon that aspect of the judgment which has already been complied with. I trust that this fact and the series of emails below were shared on the emergency motion for a stay.
You were duty bound to make full disclosure to the judge an urgent exparte motion especially in circumstances where you had complied with that aspect of the order. These are pivotal facts. I assume the application for an emergency stay was made by phone? If so, I am surprised that I was not called beforehand to invite me on the phone to or put me on notice. I take the position that only those aspects of the judgment which have not been complied with can be stayed at this juncture. Accordingly, Please ensure that my client is not illegally expelled once more, and that he is permitted to pass through immigration when he arrives. Please let me know what is to happen shortly as I have an associate waiting outside for him at the airport. I look forward to a full minute of the motion before the judge exhibited to an affidvait in support of the emergency motion, of the motion and in due course an order in writing.
I regard the actions taken in the circumstances as aggravating damages and will rely upon them as such. Regards. From: Fred Smith Sent: Saturday, February 03, 2018 2:52 PM To: ‘CARL WILSHIRE BETHEL’ Cc: ‘BRENT SYMONETTE’ I should add that my client will regard any attempt to interfere with his rights under paragraph (2) of the judgment as a contempt and a motion will be pursued by my client to commit all persons found to have been in breach of compliance or interference therewith. I do hope this will not be necessary. Regards. From: CARL WILSHIRE BETHEL Sent: Saturday, February 03, 2018 2:54 PM To: Brent Symonette; Fred Smith Dear Minister Symonette Kindly see the Order, now initialed and dated by His Lordship. Best Regards, AG
As you approach a new day, a new month, and the New Year, determine to succeed...move forward, be wise, and always believe in yourself.
Original Author
~Betty Taylor ~
THE TRIBUNE
Monday, February 5, 2018, PAGE 7
trail behind Jean Rony’s return BRENT SYMONETTE, Minister of Financial Services, Trade and Industry and Immigration leaving the airport after Jean Rony was arrested and taken into custody by Bahamas Immigration. Below, samples of the emails sent by Fred Smith and Carl Bethel. Photos: Terrel W. Carey/ Tribune Staff
, Fred Smith wrote: On 2 Feb 2018, at 11:28 AM Gentlemen,
on to below, in particular in relati en ail em my to u yo m fro er sw low, and giv Not having received an an All Rights at paragraph 3 be that JC will ing rv se Re e hil W se mi ro n, I confirm my Offer Of Comp ate his damages as best he ca tig mi to JC on up on ati lig the ob r EL proceed to use the ETD unde From: CARL W ILSHIRE BETH 11:32 AM d an low be 18 protest as set out Sent: Friday, February 02, 20 . hts rig ’s JC of all g reser vin Dear Mr. Smith, s. rd Rega and it ETD in the circumstances, e th to ge an ch no be n ca ions. There reser ve their respective posit agreed that all parties may
From: Fred Smith Sent: Saturday, February 03, 2018 2:57 PM To: ‘CARL WILSHIRE BETHEL’ Cc: ‘BRENT SYMONETTE’
Dear Mr. Attorney. I confirm receipt of the email below from you From: Fred Smith Sent: Saturday, February 03, 2018 4:17 PM To: ‘CARL WILSHIRE BETHEL’ Cc: ‘BRENT SYMONETTE’ The position which I have expressed below, that the stay can only fasten on parts of the judgment which have not been complied with, is fortified, not only by the law, but also by the terms of the written Order which you have kindly sent. It states clearly “..that all further proceedings and the Judgment..” be stayed. I invite you again to permit JC through Immigration at the LPIA in Nassau. I understand that he landed some time ago. He was arrested by 2 policemen and taken with Immigration officers somewhere in the precincts of the airport and that he has not been allowed through Immigration. Attorneys from my chambers are waiting outside to receive him. I request that they be allowed to see him privately and that your officers do not question my client unless it is in the presence of his attorneys, or require him to sign any papers. I require you to release him immediately. Regards. From: Fred Smith Sent: Saturday, February 03, 2018 5:55 PM To: ‘CARL WILSHIRE BETHEL’ Cc: ‘BRENT SYMONETTE’ Gentlemen Since my previous email the following has happened 1. JC remained in the custody of Immigration and police at the airport 2. My attorneys have made many requests to see him and they have been denied access to our client 3. Minister Symonette arrived and went in and met with his officers and or with my client 4. My attorneys continued to ask to see our client 5. An Immigration Officer was talking to my Attorneys when they spotted a group of Immigration Officers walking out with Jean Rony in restraints 6. My Attorneys immediately called upon the group of officers for Jean Rony. 7. The group of Immigration Officers began to run away and Jean Rony began to falter and he was dragged by a large Immigration Officer while in restraints 8. They got into a small immigration van surrounding Jean Rony and refusing to allow my attorneys to speak with him 9. Jean Rony appeared terrified 10. He has no idea what is happening to him as the last thing
that he knew was a Regards conversation with me as he was leaving AG the airport in Haiti to arrive in the Bahamas expecting to be a freeman on his arrival and going through immigration. 11. Minister Symonette also began to leave and my Attorneys went to speak with him 12. He refused to speak with Mr. Crispin Hall 13. My Attorneys left the airport and followed the Immigration bus to the detention center 14. Upon arrival they asked to see Jean Rony 15. They have been refused permission to see Jean Rony 16. They have been told that the Detention Center is now closed and they cannot see our client 17. My attorneys are insisting on being allowed to see our client 18. Immigration and Defence Force Officers are now threatening to lock up my attorneys 19. We seem to have gone
objection and protest to what has happened since my last email and to require you to immediately release JC and respond to the various matters raised below. 1. JC’s attorneys have spent nearly 5 hours at the detention center trying to see JC. 2. During that time they were threatened with arrest if they did not leave; 3. They were put under a lot of pressure to leave and Immigration and Defence Force were intimidating them 4. Crispin Hall, one of JC’s Attorneys, was finally told that he would be allowed to see JC 5. He was then taken into a room and he had to wait for over half an hour 6. JC was finally brought in to see Mr. Hall. 7. In breach of JC’s constitutional rights, an immigration
BRENT SYMONETTE, Minister of Financial Services, Trade and Industry and Immigration at the airport.
full circle from when I tried to see Jean Rony in the first email at the bottom of this series on December 4, 2017, when I too was refused permission to see Jean Rony I ask for someone who is responsible in this government to please intervene and to allow my attorneys to see Jean Rony immediately. If you do not allow this I intend to make an emergency application to the judge under Article 28 of the Constitution to be permitted to see our client. I shall be exhibiting this entire series of emails to the application Please please please stop this abuse!!!!! From: Fred Smith Sent: Saturday, February 03, 2018 9:06 PM To: ‘CARL WILSHIRE BETHEL’ Cc: ‘BRENT SYMONETTE’ Gentlemen I wish to register the strongest
officer, Mr Joseph, despite Mr. Hall’s protests, insisted on being present throughout Mr. Hall meeting with JC and seeking to advise him 8. Mr. Hall was obliged to advise JC and JC was forced to communicate with his Attorney in the presence of Mr. Joseph. 9. I also understand that your immigration officers were previously questioning and interviewing JC despite his attorneys trying to see him at the airport and at the detention center. 10. Mr. Joseph told Mr. Hall that he was instructed to stay throughout the interview. 11. JC said he felt he was being kidnapped at the airport. 12. JC complained of pains in his legs. I have previously told you of his medical challenges; 13. He was forced to run and this exacerbated his ailment in his legs and he collapsed 14. He was shivering 15. He was cold 16. Mr. Hall asked Mr. Joseph to provide him with 2 blankets
28. The defense force officers got into an unmarked vehicle and gave chase to one of the vehicles with JC’s attorneys and one member of my staff 29. Another vehicle with defence force officers gave chase to the other vehicle. 30. This was very disconcerting and terrifying to JC’s attorneys and my staff, 2 of whom were women. 31. So afraid were his attorneys and staff that they drove one car to the Cable Beach Police Station to seek police protection against these defense force officers who were chasing them in the vehicle. 32. I suppose, seeing my attorneys arrive at the Cable Beach Police Station the defence force vehicle drove away. 33. The other car drove around being chased until he was able to evade and lose the chasing defence force vehicle. 34. The attorneys and staff are now in fear of being hunted down tonight by the Defence Force. 35. They have taken measures to sleep away from their homes. Mr. Jean Rony Jean Charles is now in unlawful custody. He has committed no offense. Neither he nor his attorneys have been told the reason for his arrest and detention. Many of his constitutional rights have been and are being breached, as are his rights under the CPC and the Immigration Act. You are humiliating, degrading and treating JC inhumanely. Why? What is the big issue? He is a man born of our Bahamian soil. He was born here and he belongs here. Why are you treating him this way? Mr Symonette was on TV last night saying boldly that JC was going to be given status. Why do this. I must continue to put you on notice that all of these actions are needlessly aggravating damages as Mr. Hall didn’t even have his and increasing punitive and exemplary damages and vindicatory phone. 24. Then a defence force officer compensation under the Constitutold the commanding officer that tion. Please stop and think about the others outside had taken what you are doing. JC’s family are in utter shock at pictures. 25. JC’s attorneys and my staff what has transpired! Mr. Symonette is a lawyer of were then told that it was illegal 40 years. He has been attorney for them to take pictures and the officers began demanding that general. Mr Bethel is attorney General they hand over their phones 26. This is of course completely and a Queens Counsel. REQUESTS illegal as there is no law against 1. I request you to immediately taking any pictures, assuming they did in fact do so and further, release him. 2. If you do not release him, the defence force officers did not have the right to be demanding please in the meantime, take him that JC’s attorneys and or my staff to a doctor and provide him with medical treatment. give them their phones which 3. Provide him with blankets of course contain a lot of client and feed him. attorney privilege information 4. JC also has a phone. Please and texts, emails, and photo- let him use it to call his attorneys graphs, not only of JC, but of a and family lot of other clients’ attorney privi5. In addition, may I please ave leged material your confirmation that the defence 27. JC’s Attorneys and my staff Force will not be hunting down began to feel threatened and the attorneys from my office and intimidated once again and began staff or trying to unlawfully take to quickly leave. their phones. 17. He began to tell Mr. Hall a lot of what had happened since his arrival and his ordeal at the hands of Immigration at the airport and since. 18. JC was desperate to speak and communicate with his attorney. 19. Regrettably Mr. Hall had to advise him not to say much in front of Mr. Joseph 20. Mr Hall was however forced to advise him of certain rights etc in front of Mr. Joseph 21. After the interview Mr. Hall was escorted outside of the main gate at the detention center. 22. Mr. Hall and another one of JC’s attorneys and staff from my chambers were waiting outside in 2 cars. 23. The Defence Force officers began aggressively accusing Mr. Hall of unlawfully taking pictures. Of course that was utter nonsense
MONDAY, FEBRUARY 5, 2018
THE STORIES BEHIND THE NEWS
Fifty years and still lost on immigration By MALCOLM STRACHAN
deforestation, corruption, exploitation and violence.” As if a bad situation THE Haitian exodus to could not get any worse, The Bahamas has argushe also blames the counably become as Bahamian try’s “poverty, illiteracy, as conch salad. Haiti’s preovercrowding, lack of infracipitous decline has truly structure, environmental become a legend in the disaster and large areas Western hemisphere. Geowithout the rule of law as graphically being conpositioned in tributory to an Perhaps no the worst place unimaginable possible, they picture better catastrophic” have become a tells the story chain of nexus for natuevents, to than images of ral disasters, which we, the which does not tears streaming Bahamian do anything to down the face populace, help a nation experience the of a Haitian man already mired ripple effects. in catastrophic caught after Haiti’s conditions. having reached his history is Haiti’s peppered “promised land”. unfortunate with a little circumstance more traghas evolved edy than triumph – it into the perfect storm. famously became the first Historian Alex von black nation to fight for Tunzelmann perfectly its independence during characterises the country’s the Haitian revolution woes, saying: “Haiti has had and defeated the French. slavery, revolution, debt, The sweet taste of victory
THE RBDF boarding team apprehending 87 Haitian migrants off Great Inagua on Saturday, December 23. was rather short-lived, as they were made to pay reparations to the French totalling millions in gold from 1825-1947. Haiti was plunged into debt – borrowing from American, German and French banks at excessively high rates – which led to them spending about 80 percent of their national budget on loan repayments. As if things could not
get any worse, the regime be attributed to Mother well. of the Duvaliers began in Nature. We did not destroy Fifty years ago, Sir 1957, with dictator Fran- their economy and saddle Lynden Pindling said the cois “Papa Doc” Duvalier them with insurmountable government would resolve assuming the title of “Hai- debt. Perhaps, this is the our problems with immigrati’s President for Life”. A fault of corrupt leaders, tion. Fifty years. path of destruction con- the French, Americans and This is the single biggest tinued by Jean-Claude Germans. failure of every Baha“Baby Doc” Duvalier led In fact, when you really mian prime minister there to a mass exodus of Haitian peel back all of the xen- has been. Prime Minisnationals who fled to escape ophobic rhetoric, The ter Minnis, seemingly the havoc. Bahamas has been far more guarded when asked for For a people who suf- gracious than others. Yet his thoughts on the case, fered for centuries, many we are bullied by the inter- only said the government’s had had enough. Some fig- national community for our attorneys are reviewing it ures placed the death toll treatment of Haitians, while and t he government will between 30,000 to 60,000 everyone else ignores the do what is best for The Haitians during Papa Doc’s strain their illegal migration Bahamas. reign, from 1957 to 1971. puts on Bahamian life. Prime Minister Minnis, Desperate to find a better The inaction by the gov- please tell us what do life, the Haitian exodus ernment that predates our you think is best for The began, and many migrated independence has allowed Bahamas as it relates to to The Bahamas. the Haitian exodus to immigration – not just in Bahamians during the become engrained in our this instance – but as a earlier years of the exodus culture and society. With long-term solution. We do had no idea the first 10,000 the large sums of money not need to be caught in a Haitians who set out for we spend on detaining vortex of political obscurity a new home would be and repatriation efforts, while the government tries dwarfed in 50 years. Today, to the toll undocumented to figure out what needs to totals are still unclear, but migrants place on health- be done. approximated to be around care, it is no wonder the If a law needs to be 50,000 in The Bahamas. Bahamian populace is changed, then we implore With Haitians risking bitter. you to change it. If not, and their lives the laws of to land on the land as our shores, currently after taking constructed a death defypertaining ing journey to to immiget here – it gration are would seem acceptable that it would – then for be all worth it. the love Though of everythey are thing holy, treated as subenforce human by the them. vast majority What we of Bahamido not need ans, what they is flippancy experience and further once unlawinaction. fully entering That is why ourjurisdiction we are able is a proverbial THE HAITIAN community where Jean Rony Jean-Charles has to stare 50 Photo: Terrel W. Carey/Tribune Staff years down red carpet in been living. comparison the annals with what they are leaving If we take into account of history, only to grapple behind. Perhaps no picture the latest government mis- with the same problem, better tells the story than step in the case of Jean which is only growing in images of tears streaming Rony Jean Charles the complexity. down the face of a Haitian Bahamian taxpayer may Since the prime minisman caught after having be stuck with yet another ter’s announcement that reached his “promised unwanted bill. undocumented migrants land”. Does the government must leave – unless we Dreams of a better life need to enforce the laws missed something – no one are delayed, but not crushed of the country regarding has left on their own volias they are detained at the to immigration? Resound- tion. Moreover, after the Carmichael Road Deten- ingly, yes and always within Immigration Minister’s tion Centre. Many of the the powers available to it. clarification on the governmen and women who do Should the government ment’s immigration policy not make it in their first do its due diligence before and announcement of a attempt return home only repatriating a would-be “crackdown” on Bahato raise the funds, hoping Bahamian citizen? Most mian employers – unless to attempt another journey certainly - but never tram- we missed something – no to greener pastures in the pling on that indididual’s one has been charged with future. rights protected within the a crime. It is that desperate for Constitution. If a Haitian is desperate many of these Haitian However, when you set enough to escape poverty migrants. aside the embarrassment by way of a voyage which We can actually sympa- a government may feel in only the strong survive - our thise with some of them. a stick-measuring contest, government’s effort to fight However, is Haiti’s unfortu- the only people left to feel against illegal immigration nate chain of circumstances the brunt of the impact are thus far only advertises a a responsibility of the Bahamian citizens. We can paradise, which many are Bahamian people? The sympathise with the desper- willing to risk it all to attain. fact of the matter is no. It ate people of Haiti but like Do what is best for the is not. We did not destroy them Bahamians want The Commonwealth of The Haiti’s agricultural viabil- Bahamas to be better for Bahamas, Prime Minister ity. This can be probably our future generations as Minnis.
EMAIL: insight@tribunemedia.net
INSIGHT
GAIN AN EDGE A NATIONAL DIALOGUE ON HIGHER EDUCATION
MONDAY, FEBRUARY 5, 2018 PAGE 9
GAIN AN EDG
A NATIONAL DIALOGUE ON HIGHER EDUCA
Scholarship helps Ryan’s journey roll on A
S a beach attendant at a local hotel in Bannerman Town, Eleuthera, Ryan Romon Rolle vividly recalls long, hot days in the scorching sun dragging beach chairs in the sand while serving guests with a smile. The 2014 high school graduate was determined to save enough money to allow him to one day attend the then College of The Bahamas (COB). “I remember labouring in the hot sun with this goal in my mind to accumulate $3,000 for my first semester at COB. With hard work I achieved that but then I had no where to stay if I came to Nassau. My grandmother encouraged me to step out on faith and connected me to a relative, my grandaunt who allowed me to stay with her rent free,” explained Ryan. This changed the trajectory of Ryan’s life. He packed his bags, said goodbye to his parents and boarded a plane to commence an expedition for education. “I was able to pay for my first semester, meals and bus fare to and from classes but then money ran out,” he recalled. “I prayed to God asking for a scholarship to supply me with what I need to stay in Nassau.” His prayers were answered but not like he thought they would be at first. Ryan was encouraged to apply for Financial Aid and received it; this financial assistance allowed him
to continue his educational journey. Director of Financial Aid Ms. Cheryl Carey, a 30-year veteran at University of The Bahamas (UB) has helped countless students stay in school through the programme. “Financial Aid is allocated according to a measurement of demonstrated financial need. All expenses related to attending university and all financial resources available to the applicant are compared to determine the amount of aid to be awarded. Students work within academic units, offices and departments for 30 hours per semester,” she explained. As a work study student, Ryan met his financial obligations allowing the Secondary Education English Language Literature major space to focus on his books rather than fret about day to day living. “Each day, public and private donors, the University and Government of The Bahamas through the Ministry of Education generously provide financial support which helps take care of the basic needs of students like Ryan while building their independence and self-confidence; this is vitally important toward student success,” says Carey. In 2016, Ryan received the opportunity to apply for a new scholarship for Education majors, the Gillian Scates Memorial Scholarship, founded in her honour. For more than
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four decades, Mrs. Gillian Scates instructed, mentored and developed students of St. Andrew’s School and Queen’s College. “When the application was presented to me, I filled out the paperwork, did my prayers, got my GPA together and everything required of me and I won the scholarship. Thankfully, this scholarship pays for my tuition and my books,” said Ryan. Ms. Carey proudly attended the press conference and check presentation for $30,800 with Gillian’s husband Rusty Scates, family and friends and University leadership. “Bahamians are the most generous of people, many donations are gifted through private companies, loyal donors and supporters of UB. We are ever so grateful for their continued generosity which allows students like Ryan the opportunity to advance.” Ryan has his sights set on Spring 2019 for graduation, with the dream to one-day return to his hometown to make a great impact. “Everything is going extremely well now and I am grateful for that. I am no longer a work study student, I’m now a temporary employee making a nice, fair salary to take care of myself, to provide me with transportation and I can significantly help out my grandaunt, although she is still not asking for help,” he says with a smile. “Gain An Edge” is a weekly collaboration of the 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.
RYAN ROMON ROLLE
PAGE 10 MONDAY, FEBRUARY 5, 2018
INSIGHT
EMAIL: insight@tribunemedia.net
Showing by example will help our children become adults to be proud of
R
AISING your children to be law abiding citizens is one of your biggest responsibilities as a parent. This will help you make sure your children do not follow the wrong path in life. As parents, we all want our children to grow up to be responsible citizens and good people. We want them to learn, feel, think and act with respect for themselves and for other people. We want them to pursue their own well-being, while also being considerate of the needs and feelings of others. We want them to recognise and honour the principles upon which our country was founded. We want them to develop strong character. Research has shown children who grow up with strong, positive values are happier and do better in school. They are also better able to balance their personal wants and needs against those of others and to make positive contributions to society. On the other hand, if children do not learn proper values and behaviour when they are very young, problems can develop. These problems
Police advice
By SERGEANT 3150 NATHALIE RANGER
can mushroom with serious consequences as children grow older. Such as dropping out of school, drug use, teenage pregnancy, violent crime, the list goes on. The most important thing we can do for our children is to help them acquire values and skills they can rely on throughout their lives. In doing so, they will have the best chance to live good lives as individuals and as citizens of their communities and in our Country. Be an example to your children Kids naturally imitate what they see their parents doing on a day to day basis. By following not just the laws, but rules wherever you go, your children will follow suit. Make sure you don’t talk negatively about the police, or any other law enforcing person in front of them. You want them to have complete respect for
our law enforcement. Don’t bend the rules Those kids are watching you more than you think. They pick up on the smallest things. Don’t ever eat or drink something in a store without paying for it first. Always obey the traffic laws, especially speeding or using your cell phone while driving. Keep in mind you will one day be watching them drive off and they will have stored away all this information. Show respect Law-abiding citizens respect authority as well as their elders. Teach your children that respect towards teachers, parents and all others in leadership roles are required at all times. Show them they can disagree with a situation, but they still need to treat others kindly. Self-respect Teaching children to gain self-respect improves their skills to learn, love and be creative. Self-respect is closely related to happiness and success in life. Selfrespect is a combination of both good education and the love they get from their parents. Having a high degree of self-confidence makes children creative and loving individuals. Children need to believe they are valued. They also need to be happy in their own environment and with themselves. The way you develop your child’s skills/talents will directly affect their future.
A SUMMER camp bringing law enforcement officials and youngsters together - just one way that parents can help youngsters to see police in a positive light. Community respect trouble because we “just peers and anyone else who Along with respecting didn’t think”. We let captures their interest. authority figures, your chil- our emotions lead us to So, step up to the plate, dren need to learn how to actions that we regret later. do not be afraid and help respect their surroundings. Making good judgments your child learn how to be Start small with showing requires skills in monitoring a good person, step by step. them how to pick up trash impulses, using reasoning and not litter themselves. to sort through feelings and Media pressure Demonstrate how to be facts and thinking about Without doubt, media kind to others. the consequences of our messages influence the actions. values that make up our Discipline Your child’s ability to character. The media: TV, Make it clear to your think and make sound judg- radio, newspapers, social children that not follow- ments will improve as they media, movies, songs, video ing the rules will result in mature. With age, however, games and advertising uses discipline. Children will it also may become easier powerful techniques to get undoubtedly make mis- for them to try to justify and our attention and to get takes. As a parent, you make excuses for selfish or their messages across in the need to enforce the rules. reckless behaviour. How- most effective way. Taking Teach them they will be ever, if you have helped charge of our use of the punished for bad behaviour. them develop strong habits media requires learning to As adults, they will then of honesty, courage, respon- say “no” to media images make intelligent decisions sibility and self-respect, and messages. It takes pracand choices. They will know your child will have the tice for children to learn to crime result in punishment, ability to see the flaws in do this. while doing well is always their reasoning and be able To help your child deal rewarded in the end. to come to the right conclu- with media pressures, you sion about what to do. should talk with your child Good judgment about media pressures. Children develop strong Coach Explain the media can use character by learning to Remember how you subtle or clever messages think about and make learned to drive or cook? about whom they should sound judgments about You practised while some- be, how they should look, what is right or wrong, one coached you, reminding how they should act, what good or bad. These are not you what to do until you should be the focus of their always easy distinctions for were able to coach your- life, what they should do adults to make, much less self and then, eventually, do with their time, what kind children. For example, it it automatically. Children of people they should value, can be difficult for a child learn values much the same what they should think of to recognise the difference way. They practice different adults, and so on. Help your between acting bravely kinds of behaviour, while, child identify the different and acting recklessly. As you, as coach, help focus kinds of pressure they face parents, we can help by their attention on what is every day. showing, through what we important and on fine-tundo as well as what we say, ing important skills. You Conclusion that it is important in such support them with your Raising your child to be a situations to think carefully praise, encouragement and law abiding citizen isn’t that and honestly about what gentle reminders. hard. All it takes is watchshould be done, carefully If you don’t coach your ing your step in front of weighing how others will be child, they will find coaches them, and make sure they affected by what we do. elsewhere and be guided have been shown right from Sometimes we get into by the values of the media, wrong.
THE TRIBUNE
University success in Grand Bahama By DENISE MAYCOCK Tribune Freeport Reporter dmaycock@tribunemedia.net THE University of The Bahamas achieved a high level of academic success at the Grand Bahama campus, with one-third of its student body achieving a 3.0 grade point average and higher for the 2017 school semesters. Some 183 students were named to the Dean’s List and 27 to the President’s List. The students were recently recognised during the annual Student Success Day held at the campus. Dr Ian Strachan, vice president of UB North, and Miss University of The Bahamas Nyisha Tilus spoke at the event, inspiring students to continue to achieve success in their academic and personal lives. While commending students, Dr Strachan explained that success is not only defined by wealth and/ or material possessions, and challenged them to look at success differently. “The brand of shoes you wear, your status, your phone; those are things you tend to think of as success. And although we are here celebrating your achievement … I want to remind you that there is more to success than these trappings.” Dr Strachan added: “I can think of people who,
according to world standards, are a success, but they are causing the world a whole lot of trouble. I can think of someone with great material wealth and someone who has risen to the office of the most powerful man in the most powerful country in the world … but I don’t know that you would ascribe success to (President) Donald Trump, who to some extent seems to be successful. “I can think of those who have won elections and held office and driving in fancy government cars, and who go in the front of the line on Bahamasair and are called honourable. But those people through the offices they hold are enriching themselves getting paid under the table, hiring their own cronies to do things and making themselves rich off the public purse…are they successes?” The UB vice president said that a person can have good grades and actually be a horrible person. He encouraged students to focus on three things that he believes will lead to true success. The first is personal growth; the second is finding fulfilment and satisfaction in what they do; and third, loving themselves and their neighbours. “The greatest form of success is to love yourself and to love your neighbour as you love yourself - that
is hardest one of all, and if you can achieve that, then you have truly achieved success.” Ms Tilus delivered an inspirational address of her journey about getting a college education and becoming the first Miss UB and overcoming the challenges of poverty and the stigma of being a HaitianBahamian from the Mud. She shared her struggles of growing up in Abaco in one of the largest Haitian shanty villages before finding the courage to go to Nassau and leaving her family to pursue higher education. “When I got the invitation to come (to speak with you), I was thinking about what to say about my personal story and how it relates to success. Although we equate success to achievement and other things, I equate it to the things I am doing now. When I decided that I wanted to get out (of The Mud), when I wanted to be the best in my field, and I pushed myself. I made deliberate steps to push myself – that’s when I saw things lining up and falling into place,” she said. Ms Tilus said that each person has something to give to the world. She encouraged students to do their part to make UB and the country a better place.
Monday, February 5, 2018, PAGE 11
SENATE Chaplain Rev Dr Eileen Johnson.
Photo: Letisha Henderson/BIS
By KATHRYN CAMPBELL
their discussions. I briefly touch on the nation; things that are relevant, that are going on at the time. I pray against murder and pull down crime,” she said. Rev Johnson is the granddaughter of the late Bishop Peter Patton, a founding bishop of the Church of God in the Bahamas. She has been in ministry for over 30 years as a worship leader, choir director and youth minister, which eventually led to her ascension as the “first” female national youth director for the Church of God. “Life has been a rollercoaster but I thank God for every experience,” said Rev Johnson. She leads a congregation of 80-100 members, predominately young people. She participates in praise and worship conferences both locally and internationally. “I’m training leaders, not just instructing them, but giving them hands on experiences and chances.” She is married to James Johnson and is the mother of three sons, and grandmother of one. “To God be the glory that He thought it fitting to select me to be a female of firsts in a male dominated world.”
MEET THE COUNTRY’S FIRST FEMALE SENATE CHAPLAIN SHE is a woman of firsts. It’s been almost four years since Reverend Eileen Johnson was installed the first female senior pastor of Lighthouse Fellowship Church of God “City on the Hill,” in Pinewood Gardens, achieving her first major feat. Today, she is the first female chaplain in the Senate. “They said they wanted a female chaplain. I thought it an honour,” said Rev Johnson. “Society may have a gender problem, but God does not. He will anoint and appoint men and women, yielded vessels, those who are available to him to serve. That is whom God would raise. “. . . We’re progressing; who knows we may have a female prime minister. People are no longer looking at gender. They’re looking at availability, integrity, professionalism; people who would lead fearlessly and in the fear of God.” Of her appointment, Rev Johnson remarked, “it sends a message that once you prepare yourself, educated or not, if you’re a person of prayer and
believe, God will use you and nothing can stop you. “When the hand of God is on your life He will allow your name to be called. Promotion comes from Him. We don’t have to manipulate or orchestrate. All we have to do is serve God, keep our hands clean and our hearts pure. Keep praying and pray the word.” Six months into the new post, Pastor Johnson has been well-received in the upper chamber. “I didn’t sign up for it; I didn’t ask anybody for it. I knew my name was under consideration. From among a whole lot of female pastors in this island, He selected me. He could have chosen anybody else, but He chose a little, old, girl from Brougham Street. It is an honour and I am grateful.” Rev Johnson is led by the Holy Spirit in her intercessions in the Senate. As far as possible she offers a comprehensive prayer aided by scriptures and psalms for inspiration. “I go as I’m led. I pray for God’s guidance in their thoughts and deliberations that they would be consistent with His will and purpose. I ask the Lord to let there be camaraderie, peace in the midst of
PAGE 12, Monday, February 5, 2018
THE TRIBUNE
Glenys to defy speaker’s ban from page one Mr Davis, during a press conference at Progressive Liberal Party headquarters, said the party deems Speaker Moultrie’s decision “null and void,” as it does not “comport or comply” with the rules and procedures of the House of Assembly, and thus declared that Mrs Hanna Martin will attend Wednesday’s sitting. Mr Davis indicated he may decide to speak with Speaker Moultrie of the opposition’s plans ahead of the commencement of House proceedings so as to “avoid any lack of decorum” and to see “whether he understands what he has done.” Otherwise, he said the PLP supports “all lawful actions” by Mrs Hanna Martin to “ensure that this denial of her right to represent her people is reversed.” He also questioned if misogyny played a part in Mrs Hanna Martin being suspended from Parliament under two separate Free National Movement administrations. “We intend to go (to the House) and Mrs Martin I expect to be there,” Mr Davis said. “I’m not going to allow her to be shamed in any way or disgraced in anyway or in any way to be embarrassed by any actions on the part of the Speaker.” Mr Davis’ announcement came days after Mrs Hanna Martin was named and suspended from further parliamentary sessions after walking out the House as Speaker Moultrie commented on
MEMEBER of Parliament for Englerston Glenys Hanna-Martin. Photo: Terrel W. Carey/Tribune Staff At the time, Speaker her behaviour during previMoultrie stated that a ous proceedings. The explosive scene at decision on the period of the House last Wednes- the suspension would be day was sparked during determined and that Parliadiscourse over comments ment would subsequently she made the week before be informed. Otherwise, regarding the firing of two he ruled that Mrs Hanna Eleuthera airport officials, Martin is “not entitled to which were ultimately enter the precincts” of the House unless “otherwise stricken from the record.
determined by the House and this chair”. Yesterday, Mr Davis drew attention to Rule 88 of the Rules of Procedure of the House, which requires a motion being made by the leader of the House, which in turn is to be voted upon to enable the suspension of a member. Further, he said that in order to be named and suspended, the member in question has to have committed the offences set out in the rules. As such, Mr Davis said Speaker Moultrie’s actions towards Mrs Hanna Martin were a “breach” of two “ancient privileges” afforded to parliamentarians, namely freedom of speech and freedom from arrest. Mr Davis also said that in suspending Mrs Hanna Martin for an “indeterminate amount of time” means he has “denied the voice of the people of Englerston in Parliament”. “I have read the transcripts of the exchanges,” he said. “What comes to mind is the legal doctrine of proportionality. The Speaker’s response is out of all proportion to any supposed offence. The Speaker’s jurisdiction should be exercised permissively and not like a disciplinarian. He is to act fairly and judiciously. None of these seem to apply.” Mr Davis also said that via Speaker Moultrie’s actions, it appears that “FNM speakers” have a “penchant” for being “troubled by Mrs Hanna Martin’s advocacy”. “I am also constrained to say that it appears that it is the penchant for FNM Speakers it seems to be troubled by Mrs. Hanna Martin’s advocacy. We
have only to remember that Alvin Smith did a similar thing when he was Speaker,” Mr Davis said. “Given the evident patriarchy which continues to exist in so many forums of our country, one wonders also whether there is not a bit of misogyny operating here. I would hope not and therefore urge the Speaker to resile from his position and allow Mrs Hanna Martin to take her seat to represent her people.” Even more so, Mr Davis said based on his observations, Speaker Moultrie’s naming and suspending of Mrs Hanna Martin was the result of “some personal animosity” that has been “brewing and growing” as a result of their previous interactions in the House. “What truly irked me in a more serious way is how he assaulted the integrity and credibility of the member in a way that was totally unfounded and unfair,” Mr Davis added. “It is one thing to have your conclusion or views of a person. It’s another when you are saying that you, yourself, being what you termed a ‘trained scientist’ and an ‘observational specialist’ or ‘analyst,’ to proceed to make inquiries about something, come to your conclusions, and when that something is going to adversely affect the reputation of others, you don’t even engage them in that consultation, or let them know ‘look, I’m not going to embark on this because I have a belief about you, I’m going to determine whether the facts prove the belief.’ “You don’t do that, you just go ahead on a frolic of
your own, make a determination which adversely affects the reputation of a member,” Mr Davis said. “How could that be fair in the minds of any rightthinking person?” Mrs Hanna Martin, meanwhile, accused Speaker Moultrie of going “outside the official record of Parliament” to substantiate his claims concerning her behaviour during parliamentary proceedings, referring to him reviewing ZNS tapes of her during previous sessions as a part of an investigation he conducted towards that end. “I’ve never seen that,” Mrs Hanna Martin said. “I have never seen a Speaker seek to escape the record to go and do something else to support whatever he was seeking to do.” The Englerston MP also said it was “perverse” of Speaker Moultrie to suspend her from the House for the reasons he proffered while being such an “insister of the rules.” Mrs Hanna Martin said: “For a Speaker who I must add has only been in Parliament for a few months – he’s a first time MP – for him to be such an insister of the rules, should in such a most flagrant and fundamental way in ousting a duly elected member of the House, should do that in a manner which is completely inconsistent with the rules that he so often touts for his authority and power in that House, is beyond ironic.” Last week was the second time Mrs Hanna Martin was named in the House. The first time took place under the last Ingraham administration.
JUBILEE GARDENS FAMILIES FILE SUIT from page one
close” to the landfill and for not properly managing the dumpsite “so as to not pose a danger to the health and well-being of the residents of Jubilee.” The residents are seeking compensation including but not limited to medical costs, repair costs to the homes in Jubilee Gardens and
damages for the “breach of the covenant of quiet enjoyment” outlined in the conveyances between minister of environment and housing - the second defendant - and the residents. The residents are also seeking special damages to be specifically pleaded in a schedule for each plaintiff in the action in due course. Those include, but
are not limited to, expenses incurred in relation to drapes and cloth cleaning due to the thick smoke associated with the fires; displacement costs and professional fees including that of appraisers and environmentalists. The writ further states that as some of the “heads of loss” are continuing and are “likely to increase,” the residents reserve the right to provide “further voluntary particulars of loss and damage in due course”. The residents are also seeking interest on all of the sums awarded both before and after judgement, costs, and any other relief the court deems just. According to the writ, Melissa Allen-Maynard and the 110 other residents of Jubilee Gardens are the plaintiffs in the action. Renew Bahamas, a company engaged in 2014 by the Christie administration to manage the landfill, is listed as the first defendant. The minister of environment and housing, the director of the Department of Environmental Health and the minister of public works are listed as the second, third and fourth defendants respectively. The attorney general is listed as the fifth defendant in the action due to his capacity as representative of the second and third defendants as officers of the Crown under the Crown Proceedings Act. According to the writ, the residents of Jubilee contracted with the second defendant to purchase homes in an area that was designated by the second defendant to be a “safe residential neighbourhood”. Thus, they relied on that defendant to provide land for their homes in a “non-hazardous, non-toxic, non-dangerous environment,” and that the fourth defendant would “approve construction of homes in likewise”. However, the writ asserts the residents have since been “unable to enjoy their homes and lives” due to the “thick black smoke and noxious fumes” emanating from the “continuous uncontrolled fires” which take place at the landfill, due to the defendants failing to take any, or any adequate measures to
prevent the fires and resulting toxicity. The writ further asserts that as a result of the recurrent fires, the residents have been “poisoned” due to them being forced to inhale gases from burning materials such as pyrolitic oil; metals such as lead, arsenic, mercury and magnesium; and pyrolitic aromatic hydrocarbons. The writ asserts that before purchasing the homes, the residents were never made aware by the second defendant of the “insurmountable problems” and the “toxic, dangerous and hazardous emissions” at the landfill, which was established in 1971, prior to the building of the Jubilee Gardens subdivision. Thus, the residents charge the fourth defendant ought not to have granted permission to the minister of environment and housing to create a subdivision in Jubilee Gardens, and ought not to have given building permits to the residents of that community in all the circumstances. The residents charged there has thus been “gross dereliction of duty, negligence and breach of their statutory obligations” on the part of both the second and fourth defendants. “Said defendants owed a duty of care to the residents of Jubilee to ensure that they would be able to enjoy their homes and lives in Jubilee to the normal standards of safety, cleanliness, comfort and convenience of living that are normally enjoyed by home owners in general in other housing developments in the Bahamas and not be subjected to the abuse described in this statement of claim,” the writ said. “It was foreseeable that their omission to properly operate the landfill and ensure that the disposal of waste at the landfill in according with the methods prescribed in the Environmental Health Services (Collection and Disposal of Waste) Regulation would ultimately lead to unauthorised and uncontrolled fires, which was and is negligent and the scent and smoke which was and remains a nuisance.” The residents have retained the services of attorney Fred Smith, QC, to represent them in the class action.
THE TRIBUNE
Monday, February 5, 2018, PAGE 13
FORMER PM PRESS AIDE SEEKS DISMISSAL ANSWERS By AVA TURNQUEST and RICARDO WELLS Tribune Staff Reporters FORMER press secretary for Prime Minister Perry Christie, Latrae Rahming said yesterday he has written to Prime Minister Dr Hubert Minnis seeking answers over his dismissal from the Bahamas Agricultural and Industrial Corporation. Mr Rahming was among 13 workers dismissed last Friday, a disengagement exercise the corporation confirmed was part of an ongoing “comprehensive review” of operations by management and its board of directors. The dismissals came as a shock to some, and were characterised as “politically motivated” by Progressive Liberal Party Leader Philip “Brave” Davis, and PLP Chairman Fred Mitchell. When asked whether he felt the firings were politically motivated, Mr Rahming said: “I don’t think it was, but because of my contract. If you are a new chairman and you’re coming into a corporation and there are fiscal challenges, in that situation the employment you look at are ones where arrangements are easier to end. In
LATRAE RAHMING doing this, there should be a case-by-case evolution as to how the individual contributes to a corporation, or entity, or ministry. “It’s a part of their (the Free National Movement administration) economic policy but the government still has to achieve a particular agenda. If you have people that can help with agenda, it’s counterproductive.” According to a BAIC statement on Friday, the categories for dismissal were: redundancy; contractual; probation; and for cause, according to the BAIC statement. Mr Rahming told The Tribune his dismissal was contractual and he would be paid one month’s salary in lieu of notice. “As of today (Sunday),” Mr Rahming said, “I
have sent a letter to the prime minister that I was confused. I understand the corporation is going through its challenges, but why would I be a part of it if I was contributing?” On Friday, Mr Davis, along with Mr Mitchell, supported several of the terminated employees, who they identified as PLP supporters. According to Mr Davis, the letters given out on Friday ranged from outright termination to recommendations to take leave. He added many of the letters he reviewed didn’t exhibit just cause for dismissal. Anthon Thompson, a senior manager with responsibility for the Animal Feed Mill, told The Tribune employees were informed of their termination or asked to take substantial pay cuts to stay with the corporation. Senior executives of BAIC remained inside the complex for much of the time, with security officials attached to the corporation restricting the press and other concerned people to a small parking lot opposite the building. “This is a complete travesty,” said Mr Thompson, an employee for some 15 years.
Mr Thompson said he was a striving young Bahamian with a family, and urged the government to step in and make right on its promise to be the government of the people. He said he was shocked by the firings, but also the manner in which they were handled. Asked about his career at BAIC, he said: “I am a hardworking individual who has gotten results, after results, after results for this corporation.” Mr Thompson added: “I have a stellar record in this corporation. I have been used, I have been abused and I have not been appreciated in this corporation; and I can provide you with the records to prove that.” According to Mr Thompson, his efforts at BAIC’s Fish and Farm store recovered thousands of dollars in lost profits. “I went into that entity, within three months, within six months, nine months I turned profits around to hundreds of thousands of dollars on behalf of the Bahamian people,” he said. “You know what they tried to do to me? They tried to replace me with a gentleman almost of 60 years of age.”
Mr Thompson said as a result of that move, he was moved to the Animal Feed Mill, another section he said he helped transform. “I show up to work, do what I have to do, I keep law and order in the place, I make recommendations to bring efficiency and effectiveness up; and this is the result for me at the end of the day.” Mr Thompson said: “I am being pushed on the unemployment line unfairly and unjustly.” He said: “This is unacceptable and I say to you, Dr Hubert Minnis, the prime minister of this nation, I am looking forward to you, I am calling on you to correct this wrong. “This is nonsense. You said it is ‘the people’s time.’ I am a Bahamian so I am a part of the people and I am calling on you, sir, as prime minister of this country to call in to account BAIC’s executive board, BAIC’s Chairman Michael Foulkes, BAIC’s general manager and all persons who had a hand in this nasty thing that happened to me today (Friday). “I have a family to feed. I am a responsible parent. I take care of my bills. I am a contributing citizen of this
country. I do not deserve this. This is wrong, correct this, sir. Prove to me and to Bahamians that it is really the people’s time,” he said. On Friday morning, The Tribune saw several other employees leave BAIC’s office with termination letters. Mr Davis said: “We are appalled by the actions of the government in allowing these things to happen. They won the hearts of the Bahamian people, to support them on theme that it is ‘the people’s time,’ but clearly, truly today it is not the people’s time, it is more the bottom-line time.” According to recent labour statistics, unemployment has slightly increased from 9.9 percent to 10.1 percent, with numbers showing a loss of 2,555 jobs in the public sector. Attorney General Carl Bethel has suggested the cuts have saved the country $75 million. The revelation and the subsequent defence of the cuts have been branded as “shameful” and “hypocritical” by both political and labour observers. BAIC Chairman Michael Foulkes could not be reached for comment on the firings up to press time.
HAITIAN WOMAN OUT OF TIME TO APPEAL FIREARM CHARGE By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net
A HAITIAN woman who was said to be in the country illegally has had her bid to contest her four year sentence for possession of a firearm dismissed after the Court of Appeal found her excuse that she wasn’t aware she could appeal her sentence “unsatisfactory”. Former appellate President Dame Anita Allen, with fellow Justices Jon Isaacs and Stella CraneScott, dismissed Celicia Belton’s application for an extension of time to appeal her August 2013 conviction and sentence, which she appealed two years later because she was “ignorant of the fact that she could appeal”. The appellate judges further found her “untenable” excuse to be “at odds” with another excuse Belton gave as to the delay, that officers at the Bahamas Department of Correctional Services (BDCS) did not provide her with the necessary appeal documents in a timely manner. Nonetheless, the judges said a read of Belton’s grounds of appeal “readily disclosed their lack of merit,” and further said it it was “unlikely” her appeal would succeed because her sentence was not outside the sentencing range mandated by Parliament and neither was it “so grossly disproportionate” that it
would “induce a sense of outrage” with the Bahamian public. According to the ruling, sometime around 12.45pm on August 19, 2013, while at Marsh Harbour, Abaco, police armed with a search warrant went to Belton’s residence to conduct a search relative to a firearm and ammunition. Belton, along with a man named Germain Dumercie, were at home at the time. The officers showed Belton the search warrant and explained to her their reason for being there. While conducting a search of the residence in Belton’s presence, officers recovered a .380 pistol in the sofa in the front room. Belton was arrested, cautioned and taken to the police station with Dumercie. When questioned at the station Belton denied knowledge of the pistol. She and Dumercie were subsequently charged before Chief Magistrate Joyann Ferguson-Pratt. During the arraignment Belton pleaded guilty to the charge, while Dumercie pleaded not guilty. The chief magistrate heard the facts and the plea in mitigation and subsequently sentenced Belton to four years imprisonment because, based on the summary of the Crown’s case, she found that Belton should have the minimum amount of prison time mandated by statute. Dumercie was apparently
convicted and sentenced on October 22, 2014, three weeks before the repeal of mandatory sentences. Belton had complained in her notice of appeal that Dumercia was imprisoned for two years. Nonetheless, as Belton was sentenced on August 21, 2013, she should have appealed by at least the 30th of that month, according to the ruling. However, she appealed in June 2015, making for a delay of approximately 23 months. She later filed another notice of appeal on March 31, 2016, containing four grounds. Belton tried to explain the reason for her delay in her notice of appeal by claiming ignorance of the fact she could appeal. However, the transcript for the sentencing date revealed that after sentencing her, Chief Magistrate Ferguson-Pratt said: “I also advise you that you have a right to appeal my decision to the Court of Appeal.” During the hearing of the extension of time application, her attorney Glendon Rolle advised the court his client knew of her right to appeal but that officials at the BDCS did not provide her with the appeal documents in a timely manner. However, the appellate judges found that excuse to be “untenable” and said it was “at odds with the reason proffered by the
MARCH DATE FOR RIDE FOR HOPE By MORGAN ADDERLEY Tribune Staff Reporter madderley@tribunemedia.net
RIDE for Hope will be hosting its 11th annual charity cycling event in Governor’s Harbour, Eleuthera on March 10. Since its inception in 2006, the Ride for Hope has raised close to $3m to aid cancer research, care and treatment. It is also one of the few charities that boasts that it donates 100 per cent of the funds raised. In a recent interview with The Tribune, RFH cofounder Susan Holowesko Larson discussed the history of the organisation and this year’s event. In 1989, Ms Larson’s seven-month-old son was diagnosed with cancer. Although his treatment was successful, the family spent a decade wondering if the disease would recur. Thankfully, her son’s cancer never returned. However, the experience left a profound impact on the family and is one of the inspirations behind the creation of RFH. Founded in 2006 along with her brother Stephen Holowesko, Mrs Larson said a cycling event, as opposed to a marathon or
walk-a-thon, was chosen due to familial and national history. “As a fund-raising event, cycling was propelled to the forefront in the 1990s with the compelling story of Lance Armstrong. The spin-off Livestrong Foundation did incredible life-saving work and fundraising and set a wonderful standard. “When the Ride for Hope was first started, cycling, which used to be popular in Nassau in the 1970s and 1980s, was revitalised. Many people credit the Ride for Hope with the rejuvenation of cycling in Nassau and The Bahamas at large. “Co-founder Stephen Holowesko had participated in a few of the Lance Armstrong fund raising rides in the USA. (We) decided to create a similar event in The Bahamas.” The agreement between the two was that Mr Holowesko would raise money and ride while Mrs Larson organised the event. According to Mrs Larson: “One hundred and five riders participated in the inaugural event in 2006. To date, more than 3,000 cyclists have raised close to $3m for cancer in the process.
“One of the critical programmes RFH created is the Cancer Treatment Assistance Fund, the first of its kind in the country. The fund puts money in the hands of Bahamians needing help with cancer medicines, tests, etc – all of which can financially cripple a family. “Each year RFH earmarks $100,000 to this fund alone. As proud as we are of this fund, we also recognise that compared to the national need it’s a drop in the bucket. And for that reason, the 2018 event is focusing on significantly increasing the size of the fund so that more Bahamians in need can be helped. “Because of the tremendous generosity of RFH’s corporate sponsors, every single dollar raised by participants goes to fund programmes created and supported by RFH to assist Bahamians in the fight against cancer, through education, testing, earlyscreening, research and direct financial assistance. RFH is extremely proud of its 100 per cent record.” For more information on the event, visit rideforhopebahamas.com or the group’s Facebook page.
appellant in her notice of appeal.” “Thus, we were not satisfied that any good reason has been given for the delay,” the ruling said. “Yet, even this factor alone did not determine the appellant’s application.” According to the ruling, it was Mr Rolle’s view that Belton’s appeal stood a “good chance of success,” encouraged by the “comparatively light sentence” imposed on Dumercie and the particulars of five other cases. However, the appellate judges said: “In the circumstances, we were
constrained to find that the court would not be likely to overturn the appellant’s sentence because it was not outside the bounds of the sentencing range mandated by Parliament; nor was it ‘so grossly disproportionate as to induce a sense of outrage in the minds of the Bahamian public, a condition that must be present for the court to find the range unconstitutional.’” “It was for these reasons that we dismissed the appellant’s application for an extension of time to appeal out of time,” the ruling said. Justice Crane-Scott, in
her disposition, said she initially “harboured reservations” on her colleagues’ “unfavourable opinion” of Belton’s grounds of appeal and its prospects of success. However, upon “fuller consideration” of the matter, she said she was “firmly of the view” that her “initial misgivings were misplaced,” and that Belton’s prospects of success were not good. “In the premises, I too agree that the application for an extension of time within which to appeal was properly dismissed,” Justice Crane-Scott said.
PAGE 14, Monday, February 5, 2018
THE TRIBUNE
A TRU TRU DAY OF FUN
THE TRU Tru Bahamian Festival was held at John Watlings distillery on Saturday - with food, games, art and more. Photos: Terrel W. Carey/ Tribune Staff
CHILD ABDUCTIONS RISE IN SOUTH SUDAN AKOBO, SOUTH SUDAN Associated Press
IT’S been almost two years since Deng Machar’s three young children were abducted from his home and likely sold for cattle. Sitting in South Sudan’s opposition-held town of Akobo, the 35-year-old pointed to the dirt beneath his feet. “They were playing right there,” Machar said. “It would be easier if they were dead because then I could forget.” Machar said his fouryear-old daughter and five-year-old son were likely sold for cattle after being seized by men from the rival Murle tribe. He doubts his two-year-old son is still alive. Eleven children in all were abducted from this area that day and none has been seen since. It is a little-acknowledged tragedy in South Sudan’s five-year civil war. Child kidnappings between clans have increased as people become more desperate amid widespread hunger and a devastated economy, human rights groups say. “Child abductions and trafficking in South Sudan is a real issue that requires an urgent response by the government,” said Edmund Yakani, executive director of the nonprofit
CHILDREN play in empty cardboard boxes during food distribution by Oxfam outside Akobo town, one of the last rebel-held strongholds in South Sudan. Photo: Sam Mednick/AP Community Empowerment Although inter-clan for Progress Organization. fighting, cattle raiding and While tracking child kid- abductions are deep-seated nappings is challenging throughout this East Afriamid the conflict and mass can country, Yakani called it displacement, he said his a particular problem in Jonorganisation has confirmed glei state, where the town of abductions in several parts Akobo is located and where of the country. Those many in the Murle tribe include 11 children seized base “their livelihood” on last year in Abyei in the selling children. north, five taken between During a recent trip to 2012 and 2014 in the Wau Akobo, near the Ethiopian area in the west, and seven border, The Associated in 2016 and 2017 in the Yei Press spoke with Murle area in the south, near the tribesmen who acknowlUgandan border. edged stealing and The United Nations says trafficking children for perits child protection team sonal gain. confirmed abductions in the “The intention is to regions of Unity, Central trade the children for cattle Equatoria, Jonglei, Upper or use them personally,” Nile and Western Equato- said Thiro Akungurouth, ria last year, though it didn’t a Murle youth leader have a total number. who knows some of the
abductors. One child, no matter what his or her age, can sell for 20 cows, worth about $7,000, he said. Children who aren’t sold are kept by families without kids while girls are groomed for marriage, Akungurouth said. Stigma remains against childless families in South Sudan. Abducted girls often are married to their captors. Authorities in Akobo said 37 children have been seized in the surrounding areas since 2016, more than in the first three years of the war combined. It was not clear how many children have been abducted across the country during the civil war. One opposition governor blamed South Sudan’s government for the increase in kidnappings, saying it’s trying to create a wedge between the Murle and Nuer tribes to advance its military agenda. “It’s happening more now because the government is instigating a rift and telling the youth to attack by distributing arms and ammunition,” Koang Rambang, the governor of Bieh state, which until last year was part of Jonglei, said. He specifically faulted the country’s First Vice President Taban Deng Gai for “instigating more
abductions,” citing ten children who were seized in January while Gai toured the largely opposition-held Jonglei. South Sudan’s government denied it, saying Gai was in the region only to promote peace. The government also said it had given “directives to the concerned governors of those states to get rid of those activities,” said Maal Maker Thiong, who works in the office of the presidency. But as the civil war drives the nation deeper into despair, children continue to be the worst affected. Although South Sudan in 2015 signed onto the Convention on the Rights of the Child, which states that all parties should take appropriate measures “to prevent the abduction of, the sale of or traffic in children,” the country’s warring factions repeatedly have been accused of committing grave violations against children, including the forced recruitment of child soldiers. “The abduction of children is abhorrent. They are vulnerable and deserve our protection,” the chief of the UN mission in South Sudan, David Shearer, told the AP. He said the UN’s human rights team was due to visit Akobo to assess the situation.
RIGHT-WING EXTREMIST KILLS SIX AFRICAN IMMIGRANTS MILAN (AP) — An Italian gunman with extreme right-wing sympathies shot and wounded six African immigrants Saturday in a two-hour drive-by shooting spree, authorities said, terrorising a small Italian city where a Nigerian man had been arrested days earlier in a teenager’s gruesome killing. Police photos showed the shooting suspect with a neoNazi tattoo prominently on his forehead as he sat in custody and an Italian flag tied around his neck as he was arrested in the central Italian city of Macerata,. Authorities identified him as Luca Traini, a 28-yearold Italian with no previous record. Traini had run for town council on the anti-migrant Northern League’s list in a local election last year in Corridonia, the party confirmed, but its mayoral candidate lost the race. The news agency ANSA quoted friends of his as saying that Traini had previously been affiliated with Italian extremist parties. The shooting spree came days after the slaying of 18-year-old Pamela Mastropietro and amid a heated electoral campaign in Italy.
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Monday, February 5, 2018, PAGE 15
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