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The Tribune
Volume:115 No.108, APRIL 27TH, 2018
Established 1903
Weekend
WEEKEND: ALL THE MOVIES YOU NEED COMING THIS SUMMER
Pointe: Now we want answers By KHRISNA RUSSELL Deputy Chief Reporter krussell@tribunemedia.net
LABOUR Minister Dion Foulkes says he plans to meet with executives of The Pointe on Tuesday to present the findings of a workforce census conducted by the Department of Labour at the $200m development. He said he would not reveal the results of the census until speaking to the developers and briefing Cabinet. In the wake of this, Bahamian Contractors Association President Leonard Sands levelled a new round of criticism at the Minnis administration, saying it was a sad day when officials do not have “their finger on the pulse”
on such a situation. “I plan to meet with the management of The Pointe on Tuesday morning to give them the results of the findings and to give them an opportunity to respond to what the census found,” Mr Foulkes said. “I will then present to Cabinet and once that is done I would make a statement to the public.” Asked if he could say whether anything was found to suggest the workforce ratio clause of 70 percent Bahamian workers to 30 percent foreign in the Heads of Agreement was not adhered to, Mr Foulkes said: “I would rather not go into that before I’ve presented to Cabinet.” SEE PAGE FIVE
TAKING ON THE WORLD
THE PEOPLE’S PAPER: $1
SOLO: A Star Wars Story, coming this summer
THIS TIME IT’S FREE ALL ON ZNS
By MORGAN ADDERLEY Tribune Staff Reporter madderley@tribunemedia.net
ZNS has the acquired the rights to stream the 2018 FIFA World Cup. Charles Russell, assistant general manager for TV administration, confirmed this information to The Tribune yesterday. “We got our rights directly through FIFA and we’ve taken our feed through Eurovision,” Mr Russell said. When asked about costs, Mr Russell confirmed that coverage of the World Cup will be free and accessible for both viewers with cable and without. SEE PAGE THREE
BAIN TOWN’S PLIGHT ON POWER AND WATER LINES
TAKE-OFF FOR $14M ELEUTHERA AIRPORT
By RASHAD ROLLE Tribune Staff Reporter rrolle@tribunemedia.net
OUTLINING the government’s agenda for Eleuthera’s infrastructural development, Works Minister Desmond Bannister said $14m will be budgeted for a new airport in North Eleuthera. He was speaking at the Valentine’s Resort and Marina on Harbour Island yesterday during the 6th Eleuthera Business Outlook event. “…We appreciate the critical needs that are served by the North
TEN percent of households in Bain Town had no electricity and 20 percent had no running water, according to a 2016 survey from the Ministry of National Security. The revelation was contained in the white paper for the Minnis administration’s Over-the-Hill rejuvenation plan which was tabled in parliament yesterday. The survey was called the “Needs and Assets Assessments of New Providence Communities, Citizen Security and Justice Programme.” SEE PAGE SIX
By RASHAD ROLLE Tribune Staff Reporter rrolle@tribunemedia.net
Eleuthera Airport,” he said. “This airport is rated as a tier one airport with high volumes of air traffic and considerable economic viability. It is a significant port of entry, and has the ability to be self-sustaining. Accordingly, the government is budgeting some $14m to build a new North Eleuthera airport that meets the needs as the touristic and local community.” He also said the government is budgeting $1.5m to improve docking facilities in Harbour Island. SEE PAGE THREE MISS Balmoral Chinasa Outten, one of 11 contestants in this year’s Miss World Bahamas Pageant, which is being held under the theme “Bejewelled”, celebrating the jewels of the Bahamas. The winner will represent her country on the international stage in China later this year. See today’s Weekend section for more.
JUDGE ORDERS DOCUMENT CHASE IN FRANK SMITH CORRUPTION CASE By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net A SUPREME Court judge has given six government agencies two weeks to turn over “any and all” documents pertaining to
FRANK SMITH
controversial Crown witness Barbara Hanna and her cleaning company to counsel involved in former PLP Senator Frank Smith’s bribery and extortion trial. SEE PAGE SIX
Nassau & Bahama Islands’ Leading Newspaper
LIFE’S A RIOT WITH SPY BILL vs SPY BILL
SEE PAGE EIGHT
PAGE 2, Friday, April 27, 2018
THE TRIBUNE
DR Mallikharjuna Rao Kavala and his family at the luncheon.
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Photos: Vandyke Hepburn
Doctor holds last senior luncheon DR Mallikharjuna Rao Kavala held his final senior citizens luncheon in Grand Bahama yesterday. The event, held over the past 22 years, became a popular event on Grand Bahama. During that time, Dr Kavala and his wife
Nalini touched the lives of hundreds of seniors on the island through their annual event at St Stephen’s Parish Hall in Eight Mile Rock. The luncheon, which also features live gospel entertainment by The Cooling Waters group, has grown
throughout the years catering to more than 500 seniors. Last month, Dr Kavala, a native of India, explained the event takes months of planning and preparation and he is no longer able to continue because of his age.
CLUES
1. IT’S NOT A MACHINE 2. A BAHAMIAN FAVOURITE 3. SOMETHING OFTEN EATEN IN THE BAHAMAS 4. CHICKEN
THIS YEAR’S 100 JAMZ SECRET SOUND IS H A PARTNERSHIP WIT THE BEAUTY SHACK
DAME MARGUERITE PINDLING, Governor General, paid a courtesy call on Essie Rolle of Curtis, Exuma, on Thursday. Ms Rolle celebrated her 100th birthday on March 10. Photo: Patrick Hanna/BIS
THE TRIBUNE
Friday, April 27, 2018, PAGE 3
This time it’s free - all on ZNS from page one
Viewers without cable can watch the events on channel 13. “We will be broadcasting…from June 14 through the end, July 15,” Mr Russell added. “We’re going to be promoting it as of next week.” The 2014 World Cup games were aired locally by Cable Bahamas. However, the company sparked controversy that year following its decision to black out free coverage of the games on two of its basic cable channels. The 2014 games aired June 12 to June 13. Just after Croatia scored the opening goal against Brazil, CBC, which is a fixture on basic cable, went black. A message indicating that there was no authorisation for the World Cup to be provided on the channel showed almost immediately. The message asked for subscribers to call
Cable Bahamas’ offices to have the channel activated at a cost of $9.95. It would be included in the REVTV Prime Sports Package. David Burrows, then Cable Bahamas marketing director, told The Tribune on June 12, 2014, that the company had to black out the channels because it would have been illegal for them to air the World Cup on them, as they had no authorisation for games to be aired on those stations. “We just legally cannot show the World Cup on CBC and ABC,” he said at the time. “If you would notice, every single feed comes from FIFA. No company wants FIFA coming down on their head.” Criticism also poured in regarding the poor quality of the coverage on the purchased channels. Nonetheless, by June 16, less than four days later, Cable Bahamas had added an estimated 800-900 subscribers to its sports package.
BARCELONA star Lionel Messi, who will be hoping to win the World Cup with Argentina.
FROM left are members of the Department of Correctional Services’ executive management team: Financial Officer Alkin Delancy; Director of Human Resources Shonice Deveaux; Director of Education Andrea Sweeting; Director of Medical Services Dr Hastings Johnson; corrections chaplain, Rev Leonard Clarke; Deputy Commissioner of Corrections Bernardette Thompson- Murray; Commissioner of Corrections Patrick Wright; Deputy Commissioner of Corrections Doan Cleare; Assistant Commissioner of Corrections Andrew Rolle; Milton Hanna and Charles Murphy; director of Female Housing Unit, Chief Corrections Officer Ivy Maycock; and staff officer, Principal Corrections Officer Stephanie Pratt. Photo: Dept of Correctional Services
CEREMONY HONOURS PROMOTED CORRECTION OFFICERS COMMISSIONER of Corrections Patrick Wright held a brief ceremony for 103 correctional officers who were recently promoted. The group included two principal corrections officers and 101 corrections corporals. The newly promoted officers were
presented with their letters of promotion by the department’s executive management team. Commissioner Wright encouraged the officers to continue to strive for excellence in the execution of their duties and to remain positive. “Each of you has
completed your duties as a correctional officer, and satisfied the administration that you are ready to train officers under your charge, while preparing for the next level of advancement. You are now considered to be ‘acting sergeants.’ “Today, you stand among some of the most
hardworking, committed, loyal and dedicated men and women who are serving this noble organisation. We are proud of all your accomplishments thus far and we admonish you to continue to demonstrate your ability to lead and organise. More importantly, all of you are part
of the organisation’s transition from a punitive facility to a correctional service organisation.” In closing, Commissioner Wright reminded the officers that they had been trained in best practices, and are well able to assist the organisation with its mandate to reform and
rehabilitate. “To date, all of you have done an excellent job with our primary duties, which is to maintain security while reforming and rehabilitating inmates for re-entry into society, which resulted in zero escapes,” he said. The promotions took effect from April 1, 2017.
TAKE-OFF FOR $14M ELEUTHERA AIRPORT
from page one
“We also expect to commission an environmental impact study to ascertain whether a new dock in another location will be permissible,” he said. More than a month after bad weather forced the closure of the Glass Window Bridge, preventing residents from commuting between connected settlements, Mr Bannister said $2 million will be budgeted to allow for necessary engineering studies for a new bridge. “I need not tell you that the construction phase in 2019-2021 will be extremely expensive,” he said, adding: “However, a safe, modern causeway will certainly be worth it.” Mr Bannister has said a new bridge could cost between $30m to $40m. Mr Bannister said: “Some of you may be aware that an
integral part of the preliminary thrust of this initiative is for me to lead a team of my ministry’s professionals to visit our island communities throughout the country to review and inspect infrastructure. We want to see the extent of the erosion that is destroying the Russell Island Bridge. We want to experience the rage that impacts the Glass Window Bridge. We want to visit the schools to review their structural integrity. We
want to touch the rotting staircase at the Harbour Island Post Office, and to drive on the unpaved roads. We want to speak with residents on the ground in these communities to learn firsthand of their daily challenges with BPL. In that way, we can focus on addressing challenges, prioritising them and remediating infrastructure in a manner that meaningfully impact people every single day of their lives.”
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THE TRIBUNE
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Opportunities from the Commonwealth THE events surrounding last week’s Commonwealth Heads of Government Meeting (CHOGM) in London were remarkable for their grandeur and splendour, and, judging from the communique at the end of this biennial conference, it was notable for the wide range of issues covered during its deliberations over several days. No doubt, the warm spring-like weather contributed to the mood of goodwill and harmony enjoyed at the gathering. One important question affecting the structure and operation of the Commonwealth as an international institution was the Queen’s eventual successor as its leader. Her Majesty had made it clear it was her “sincere wish” that her son, Prince Charles, should succeed her as Head of the Commonwealth. Following consensus that the British monarch should continue in this role, it was agreed he should take over at a time to be determined. This was a predictable development, not least for the practical reason that the Queen no longer undertakes long haul flights. The Queen’s work over seven decades had been started by her father, King George VI, when the modern Commonwealth was formed in 1949, and she remarked that nobody could have guessed at the time of her accession to the throne in 1952 that what was then eight nations would later have grown to 53 with a combined population of 2.4 billion or about one third of the world’s total. Her devotion and commitment as a steadfast champion of the Commonwealth - including visits over the years to so many member countries - have provided essential long-term stability and continuity, so handing over authority as its leader must surely have been a bittersweet moment. As a voluntary inter-governmental association of mostly former territories of the British Empire, the Commonwealth has been described as a “family of nations” held together by special bonds, with a shared history, values and language as well as common legal systems and institutional frameworks as well as close trading links. While being the world’s oldest political association of states covering many regions which co-operate in so many different ways for their mutual benefit, the emphasis is on the individual status of each country all of which are now considered to be equal. As a grouping, it constitutes a powerful diplomatic force providing smaller states an opportunity to have their say. Somehow, however, as an institution it seems not to capture the public’s imagination – apart from the biennial Commonwealth Games – in so far as it is rarely in the world’s news headlines. Some say this is because the Commonwealth works so successfully in practical ways that are not newsworthy in the eyes of the international media. The exceptions have been major incidents like the
expulsion of Zimbabwe at the height of Mugabe’s human rights abuses and the departure of The Gambia which called it neocolonial. There have also been rows over economic sanctions against South Africa during the apartheid years, notably at the CHOGM in Nassau in 1985. While reiterating its commitment to world peace, democracy, tolerance, equality and individual liberty, this year’s CHOGM agreed on action in relation to major issues like trade and investment, security, the environment and climate change, sustainable use of resources, human trafficking and gender equality and there was a welcome recognition of the vulnerability of Small Island Developing States to natural disasters like hurricanes and rising sea levels and the need for mutual assistance. At the same time, there was the reminder that the Commonwealth Secretariat in London exists to provide technical assistance in many different areas; for example, strengthening democratic institutions and good governance, promoting the rule of law, trade negotiations and investment advice, social and economic development, human rights, the health sector and election monitoring. So this CHOGM was a success which demonstrated again the inherent worth of the Commonwealth and its beneficial effects on millions of people. For some time, we have predicted in these columns that one result of Britain’s forthcoming departure from the European Union would be a strengthening of its ties with Commonwealth countries. This augurs particularly well for our nation as one of the 15 Realms (in addition to Britain) with whom there is a special bond because the Queen is their head of state. This new approach has already been shown by the UK’s intention, recently announced, of plans to increase its diplomatic presence across the world in order to reflect a new “Global Britain” which will be outward facing, open for business and a champion of the rulesbased international order. These include the re-opening of a diplomatic mission in Nassau. This is welcome news and, we believe, long overdue. It is encouraging for the future development of our country because it will mean enhanced bilateral co-operation in many areas of shared concern including the economy. We hope bthere will be a particular emphasis - to name just a few - on issues like security, drugs interdiction, human trafficking, migration, police and military training and educational exchanges, protection of the environment, climate change and disaster preparedness. While the Commonwealth acquires greater strength and influence from Britain’s renewed interest and support, it is not too soon for us to start considering how to prepare for a new British diplomatic presence in The Bahamas which could benefit the country in so many ways.
Doubts remain over Oban EDITOR, The Tribune. OBAN Heads of Agreement…Article:5.1 page: 8 Is this Article, 5.1, the panacea to save our souls from this project? I have the text in front of me and re-reading I have to challenge AG Bethell as to his understanding… the government may not terminate the HOA based on the EIA report, but instead shall work with the developer to mitigate any concerns. Last 4-lines of Article:5.1 page:8 of the document tabled. May I go to page:41 of
the HOA…schedule “E” requirements of Attorney General’s legal opinion… it states in the preamble of this schedule “The legal opinion required to Section 19 shall address the following” … Editor - the AG’s opinion is not attached. Section 19 requires the AG to provide a legal opinion to OBAN Energies compliant with Schedule ‘E’. If the document tabled is the correct - legitimate document – then what was tabled is incomplete and therefore there is a serious issue as to where is the correct Heads of
Agreement? The Attorney General and the DPM have opened an ant’s nest with their attempt to cover. Documents tabled in Parliament say different, gentlemen. I want the Prime Minister to table the MOU signed by the Christie government with Carnival Cruise Lines for the development of a cruise port in east Grand Bahama just hours prior to the general election. W THOMPSON Nassau, April 10, 2018.
Beneficial owner register EDITOR, The Tribune. Re: Tribune Business 26 April 2018 - Beneficial Owner Register If there is one thing that we all know, it is that successive Bahamas governments have historically had enormous difficulty with the maintenance of anything. To wit, the huge number of abandoned government office buildings and the relocation of the various ministries civil servants to private sector rental premises. Notwithstanding the Finance Minister’s protestations to the contrary, there is nothing that anyone could say, that would lead the public to believe that this enormously sensitive data will actually be maintained as such. This is just the nature of the beast unfortunately. Just like the other Tribune Business page headline today saying that corruption is in the very fabric of our nation. Many years ago when I was employed in the IT department of a large Trust Company in Nassau, perhaps the first Mutual Fund in the world was launched and the Trust Company was the administrator. This fund, at the time, was
LETTERS letters@tribunemedia.net predominantly marketed in Central and South America and therefore most of its shareholders were domiciled in, or were citizens of, countries in that geography. At that time, and even in some of those countries today, investing money outside of the country was a criminal offence, and in many cases a guilty verdict could mean death. And so we in IT as well as almost everybody else, from the mailroom to the executive wing, were constantly reminded that the law of the country (Bahamas) regarded any disclosure of client information as a very serious offence. Except in extenuating circumstances such as a court order to do so. I am fairly certain too that we were required to sign letters acknowledging this “sacred” obligation. There is no doubt, that even today, people who have assets domiciled in this country, could find themselves in very difficult circumstances, if their home countries were to discover that they had any assets domiciled here. I personally know of one case where
a person, now domiciled in a desperate African dictatorship, had their name disclosed as being simply a director of a Bahamian company. This rolled out in the Panama papers. Our own Registry was recently hacked and the data obtained made public. Given the foregoing, might I suggest that rather than the Government itself safekeeping the data mandated by this legislation, perhaps consideration should be given to having someone who has, and has had, long experience with client confidentiality, be charged with maintaining this register and providing whatever access is required by law to those people so entitled. Perhaps one of the Top Tier Legal Firms in the country. Such a contract could be awarded on a five-year rotation basis perhaps, and by a completely open proposal offering. And just a thought – make sure the data is encrypted in case it is stolen somehow. Nothing is foolproof, but the Government’s credibility is not at all high at the moment. BRUCE G. RAINE Nassau, April 26, 2018.
LNG plans EDITOR, The Tribune.
LNG - am shocked that PM Minnis will endorse this fuel for BP&L without absolutely any investigation or studies but then today we expect ignorance as the mantra of this Government. I can see why The BEST Commission was removed from its natural home of the Ministry of Environment - I have to suggest this transfer to OPM into the portfolio of the PM who told us all after May 12th, 2017, that
he would not take on Ministerial portfolio but be the CEO of Cabinet. However, was this transfer by designed - specific and with intent as he knew Minister Ferreira’s position? Look at the Oban Energies decision and now the LNG decision for BP&L. It is incredible after the past history of The Bahamas and LNG, remember the years concerning the proposal for Freeport that a Government naively closes its eyes and ears to
the obvious. Where is the EIA study for the impact of LNG? Where is the Safety Study for the impact and potential danger of LNG to the immediate areas of Clifton South Ocean - Albany, etc? How much longer will Minister Romauld Ferreira stay as quiet as a church mouse? Once a champion for the Environment! ABRAHAM MOSS Nassau, April 25, 2018.
THE TRIBUNE
Friday, April 27, 2018, PAGE 5
WORKERS at The Pointe development on Bay Street.
Pointe: Now we want answers from page one When asked if he saw this as a lack of transparency, Mr Sands said: “I don’t know if there is as much lack of transparency as there is lack of not having a finger on the pulse of the matter, it is a sad day. That’s what I believe. I think they don’t literally know and if they now know who is it going to be reported to
and what is going to be the action? “It’s not being handled well by the government and this matter is far from being settled. The public wants answers on this and we still await to see what the government’s response is.” Last week, The Tribune was told investigators from the Department of Labour discovered a disproportionate number of foreign labourers to
Bahamian workers at The Pointe. This was justified, according to a well-placed source, by The Pointe’s developers China Construction America that 100 Chinese nationals remained in the country following the completion of The Pointe’s parking garage for specialised purposes. The workers were tasked with laying an apparent intricate steel foundation
for the next phase of the development. Developers explained to the government, The Tribune was told, a full complement of Bahamian workers are not needed at this time, but would be called upon once this portion of construction is finished. It is unclear whether this represents a breach of the workforce clause in the heads of agreement
between CCA and the government, as the developer has made a case why there are more foreign workers on the project when compared to local builders. The investigation was opened after Tribune photographers earlier this month monitored who went on to the site and with the exception of three or four Bahamians and a guard at the gates
of the development, everyone else appeared to be Chinese. Previously, this newspaper observed workers on the site in both January and February and it was a similar story. Dozens of Chinese builders walked on to the site every day from a building, which lodges the workers opposite the development, and virtually no Bahamians were anywhere to be seen.
MINISTER ISSUES PLEA TO REPORT CASES OF CHILD ABUSE By KATHRYN CAMPBELL
AS officials recognise Child Protection Month, Minister of Social Services and Urban Development Lanisha Rolle sounded an appeal to the public to report incidents of child abuse. “We should all be self-proclaimed advocates. We have all stood in the place that our children now stand and we were likewise dependent. There is no excuse to turn a blind eye to what is, or appears to be abuse of a child. One child abused is one child too many. If we see it, we ought to say it and if we hear it we have a duty to tell it,” said Mrs Rolle. Her comments came as addressed Commonwealth Baptist Church in observance of Child Protection Month yesterday. The service was organised by the ministry in conjunction with the National Child Protection Council and the Suspected Child Abuse Neglect Unit. Mrs Rolle said children are susceptible to emotional abuse, physical abuse, sexual abuse through assault, molestation, incest and rape, and all too commonly suffer from neglect both physically and emotionally. She affirmed the ministry’s commitment to doing all within its power to ensure the government allocates the resources necessary to protect the rights of every child and to prevent, detect, eliminate and eradicate “all” forms of abuse against children. “Abuse in any form is unacceptable. Child mistreatment, sexual abuse of children with disabilities, incest, child pornography, child labour, child prostitution, child neglect and abandonment are all offences recognised under the law, and I am committed to strengthening our Investigations arm of Child Protection Services to identify and initiate the prosecution of such offenders to the fullest extent of the law.” She said in addition to community programmes
sponsored by Social Services, the Urban Development programmes run by the government and partnering stakeholders, church programmes and other reputable organisations create the environment necessary for the protection and sustainable development of children and the country’ social fabric. Mrs Rolle reported that child neglect is the most common form of abuse and accounts for 40 per cent of reported abuse cases. “Under section 31 of the Child Protection Act (CPA) parents and guardians have a duty to maintain their children. “It is our duty as parents, advocates, community partners, government and a society to ensure the future of our children is safe and secure through the protection of our children and their rights – the right to life, the right to protection of property, protection from forced labour and unlawful detention, protection from arbitrary arrest, from violence and unlawful abuse and protection from unlawful arrest are fundamental rights and freedoms for the individual under the constitution. “Our children deserve equal protection under the law. We care, we share. We must enforce the law to prevent and respond to child abuse.” Mrs Rolle admonished parents and guardians not to allow children on the Family Islands, in the urban
and suburban communities to “suffer” in silence. “An adult engaging in relationships with a child under 18, a minor under the law and whose mind and thought processes are not fully mature, is engaging in child abuse. Such acts of selfish adults must be reported as these instances destroy the lives of girls and boys. Adults should date adults. “Children are depending on us to ensure they are educated. Under section 2007 of the CPA, every child has a right to education. A parent or guardian cannot decide without good reason to keep their child
away from school and deny the child an opportunity to learn. “Parents and guardians do not have the right to use children to pay their bills or beg alms on their behalf. Where we find this occurring the Department of Social Services, under section 30 of the CPA, has a duty to safeguard and promote the welfare of children and to mediate in any situation where the rights of a child are infringed. According to section 80 of the CPA, the state has a duty to investigate and initiate prosecution of those who violate the rights of the child,” said Mrs Rolle.
MINISTER of Social Services and Urban Development Lanisha Rolle.
PAGE 6, Friday, April 27, 2018
THE TRIBUNE
Judge orders document chase in Frank Smith corruption case from page one Justice Gregory Hilton, in a court order dated April 23, ordered the various entities to serve both the Crown and Smith’s legal team with documents concerning the “financial affairs” of Mrs Hanna “in her personal name or any trade name or business name” including but not limited to her
company Magic Touch. Justice Hilton said the Public Hospitals Authority; the commissioner of police; the controller of inland revenue; the secretary of revenue; the financial secretary; and the National Insurance Board have until May 7 to comply with the order. Damian Gomez, QC, one of Smith’s attorneys, told The Tribune yesterday
that his legal team petitioned the Supreme Court for the court order due to their dissatisfaction with the Crown’s disclosure of its purported evidence against their client to date. “We have heard certain testimony from the Crown’s main witness, Mrs Barbara Hanna, and information we are seeking from the authorities, is information relating to that testimony,”
Funeral Service For Ms. Sandra Janet Johnson, 63 a resident of John Road, will be held at Our Lady of the Holy Souls Catholic Church, Deveaux & Young Streets, on Saturday, April 28, 2018 at 1:30 p.m. Officiating will be Fr. William Quilamjot, assisted by Deacon Maxwell Johnson. Interment follows in Catholic Cemetery, Infant View Road. Beautiful and cherish memories will always be embedded in the hearts of her Father: Nathan Johnson (Boca Raton); Daughters: Tamara Miller & Fredericka Wallace; Son: Frederick Wallace; Son-in-Law: Martin Miller; Grandchildren: Tamar & Tenair Miller Azaria Wallace Kaley Lightbourn and Kyon Marshall; Brothers: Donald Wallace Christopher Outten Micheal Hunt; Sisters: Eleanor Mitchell Francita Outten, Magaret Russell, Teresita Miller; Sister-in-Law: Cindy Outten, Gardina Hepburn; Brother-in-Law: Deacon Samuel Mitchell; Uncle: Leroy Wilson; Aunt: Eva Glinton; Numerous Neices and Nephews including: Francita Nicholls, Nathalie and Jamado Curry, Cameron, Ambrosine and Lanessa Mitchell, Lovette and Sean Longley, Craig Wallace, Ann and Demarco Gibson Nadia and Trevor Wilson, Francia and Fidel and Arscott, Samantha Christie, Crystal Thea and Shonell and Christopher Outten Jr, Tiffany and Christopher Guy, Leslie and Lynden Smith, Andrick and Andret John, Elaine Thompson, Nicole, Nathalie, Desiree, and Kedesha Curry, Erica Rolle, Chansha, Neterah, and Demico Russell, Antonya and Teko Ferguson; Grand Neices and Nephews including: Jamado Curry Jr, Cameron Jr and Kydon, Latharia, Lathario, Mitchell, Caleb Mickelwhite, Rasean and Rashad Longley, Ayden Burrows, Lavar Mortimer, Craig Wallace Jr, Tyreke Colebrooke, Ishmeal and Isabella Gibson, Maria, Sophia and Noel Arscott, Patrick and Peyton Maycock, Jermaine Sturrup and Christina Rolle, Jaylen Smith, Davante Dorsett, Jamie and Jeremy Simmons, Jarad and Jamila Adderly, Krysthea Kristin and Krystheo Rolle Zaccoria, Daisha, and Syrus Walkins, Jada Coakley, Peyton Curry; Cousins: Cynthia Wallace Pierre, Stephanie Wallace Frazer, Reginald Wallace (Freeport Grand Bahama), Sandria Miller, Earl Cash, Sonia Thompson, Andrea Rolle; Best Friend: Willamae Symonette-Cooper; CareGiver: Samuel Johnson; Numerous Relatives and Friends Including: Frederick Wallace and Family, Prince Hepburn and Family Cheryl Thompson and Family, Christine Reckley and Family, Carolyn Smith and Family, Clarinda Johnson and Family Mispha Rolle and Family, Carolyn Dorsett and Family, Mae Higgs and Family, Oscar Hunt and Family, Basil Hunt and Family, Maxine Lightbourn and Family, McKenzie Family, Anthony Adderley and Family, Marcia Walker and Family, Lerline Brown and Family, Kenworth Lightbourn and Family, Louise Grant and Family, Sonia Rose and Family, Clarise Bain and Family, Henson Family, Vinnah Adderley and Family, Latanya Pennerman and Family, Janet Wallace and Family, Duke Smith and Family, Luecille Rolle, Redding Marshall, Gordon Christie and Family, Sherry Brown and Family, Philip Johnson and Family, Raynard Johnson and Family, Audrey Dean and Family, Roslyn Rolle and Family, Henriette Miller and Family, Roland Goffe and Family, Franklyn Lightbourn and Family, Marcus Mackey and Family, Bridgette Taylor and Family, Joyanne Sweeting and Family, Deacon Maxwell Johnson and Family, Sybel, Mrytle, Linda, The Crystal Palace/ Radisson Hotel Family, Outten Family, Honorable Hubert Ingraham and Family, Dr. Kevin Moss and the staff of the chest clinic, PMH Staff of Female Medical Two, Our Lady’s Church Community, John Road Community, Black Village Community, Bain and Grants Town Community. Friends may pay their last respects at Demeritte’s Funeral Home, Market Street, from 4-6:00 p.m. on Friday & on Saturday at the church from 12:30 p.m. until service time.
Mr Gomez told The Tribune. According to the court order, Justice Hilton in particular ordered the production and consequent surrender of the copies of “any and all written communications” between the board of the PHA and the minister of health between January 1, 2016, and December 31, 2017, relating to the cleaning of the Critical Care Block of Princess Margaret Hospital. Justice Hilton also ordered the production and consequent surrender of an “opinion” of the Attorney General’s Office rendered to the board of the PHA, and published to the minister of health, which said the board was advised that there was “no corruption” in the grant of the contract to Mrs Hanna in 2016 for the cleaning of the CCB. The aforementioned entities are further ordered to produce copies of “all vouchers, cancelled cheques or other documentary evidence” of payments from the PHA to Mrs Hanna and/or Magic Touch between January 1, 2016, and December 31, 2017. They are also ordered to produce copies of “any and all resolutions” of the PHA board between January 1, 2017, and December 31, 2017, concerning its approval of Magic Touch as the successful bidder for “any and all” contracts to clean the CCB. Justice Hilton further ordered for the production of a copy of all correspondences from the PHA to Mrs Hanna advising her that her company, Magic Touch, had succeeded in winning any bids concerning the cleaning of the CCB. The judge also ordered the production of a copy of the register of those persons who attended the opening of the bids for the CCB to PMH in 2015, 2016 and 2017. He also ordered the production of a copy of the contract between the PHA and Mrs Hanna and/or Magic touch dated October 17. The aforementioned entities are also ordered to turn over the value added tax returns for the period January 2015 to December 2017 together with “corresponding documentation” evidencing the payments of VAT payable under the Value Added Tax Act 2014 from the alleged customers of Mrs Hanna and/or Magic Touch. They are further ordered to turn over all business licence documents for
BARBARA HANNA the period December 31, 2015, to December 31, 2017, including “any sworn statements” made by Mrs Hanna concerning her business gross earnings from Magic Touch, and also any document evidencing an agreement by Mrs Hanna to pay outstanding taxes and/or licence fees between herself and the government of The Bahamas. Justice Hilton also ordered that any and all documents associated with or relating to the payment of NIB contributions for Mrs Hanna’s and/or Magic Touch’s employees, including but not limited to Mrs Hanna sworn statements, any document evidencing an agreement by Mrs Hanna to pay outstanding NIB contributions to her or Magic Touch’s employees between January 1, 2016, to December 31, 2017. In February, Chief Magistrate Joyann Ferguson-Pratt reprimanded Crown prosecutors for conducting a “piecemeal type of disclosure” during Smith’s trial, while simultaneously rejecting a request by the defence to have the trial thrown out over the Crown’s late bid to introduce key evidence against the accused. At the time, lead Crown attorney Edward Jenkins, QC, said the prosecution needed more time to obtain banking information of “critical importance” to its case against Smith. Mr Jenkins, an English attorney, said subsequent to his formal engagement in the matter, he requested certain information from various banking institutions pertaining to Mrs Hanna via court order. When questioned by the chief magistrate if based on the Crown’s submissions the proceedings were effectively halted, Mr Jenkins suggested as much by saying the Crown needs to resolve the issue concerning the bank evidence as it goes to the “heart of the case.” He also said it was crucial
for the “just resolution” of the trial. However, Smith’s lead attorney Keith Knight, QC, said consequent to Mr Jenkin’s request, the Crown’s case had “elevated” from shoddy to “sinister” and “outrageous”, and said some of the documents the Crown now intends to serve on the accused contained some of the same information Mr Gomez was seeking since the inception of Smith’s matter before the court. During previous proceedings, Mr Knight attacked Mrs Hanna’s credibility, and foreshadowed a nocase submission based in part on the allegation that Mrs Hanna condemned her testimony. The key moment during those proceedings came when Mrs Hanna, without prodding, claimed to give police documents about Pouland Limited, a lending company owned by Smith’s family, that the prosecution did not disclose during discovery. At the time, the prosecution, after having inquired whether the documents were given to the police, reported that investigators said they were never in receipt of them. Mr Knight argued at the time that if so, it meant Mrs Hanna’s credibility was destroyed. On the other hand, Mr Knight said if the documents were shown to police as Mrs Hanna claimed, its lack of disclosure puts the accused at a disadvantage. Mr Knight further argued that the lack of disclosure may mean constitutional provisions on fairness may have been breached. The Jamaican attorney emphasised at the time that the prosecution – which he said includes police investigators – were obligated to turn over all documents, no matter their perceived benefit. Smith is facing 15 criminal charges concerning his alleged solicitation of $65,000 in bribes from Mrs Hanna, who he is said to have assisted in getting a contract from the PHA while he served as chairman. He is currently out on $50,000 bail. He was initially arraigned before the chief magistrate in July of last year charged with 13 counts of extortion and one count of attempted extortion and bribery. Smith pleaded not guilty to all of the charges during his initial arraignment.
BAIN TOWN’S PLIGHT ON POWER AND WATER LINES from page one
In Centreville, 7.2 percent of houses had no electricity and 14 percent had no running water; likewise, 6.3 percent of houses in Grants Town had no electricity and 15.6 percent had no running water. In 2016, the Department of Statistics, in their Labour
Force Survey, determined that 12,000 Bahamians had their power disconnected due to non-payment. The Ministry of National Security’s survey also highlighted the penetration of the internet in Over-theHill communities. Many social scientists believe low penetration of digital technologies put some communities at a disadvantage, intensifying divisions between wealthier and poorer people. In Bain Town, 43.3 percent of people had no internet; in Centreville 36.8 percent had no internet and in Grants Town, 56.5 percent lacked internet services. Prime Minister Dr Hubert Minnis has promised to provide free wi-fi to these communities. According to the survey,
6.3 percent of people in Bain Town use outside toilets or pit latrines; 4.3 percent of people in Centreville use them and 4.6 percent of people in Grants Town do so as well. A 2013 report, “Private Dwellings by Type and Use of Toilet Facilities and Main Source of Water Supply Report”, reported that a total of 2,191 of the 102,758 households in The Bahamas were using pit latrines at the time of the survey. Under the Over-the-Hill programme, the government wants to eradicate outside toilets in such communities by 2025. The percentage of people in Bain Town, Centreville and Grants Town without cable television are 35.3 percent, 27.1 percent and 38.6 percent respectively.
THE TRIBUNE
Friday, April 27, 2018, PAGE 7
BAIC CHALLENGES COURT’S $90,000 COMPENSATION RULING By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net
THE Bahamas Agricultural and Industrial Corporation is seeking to appeal a former chief justice’s order to pay a local nursery owner more than $90,000 as compensation for causing the damage and destruction of his plant inventory. Court documents show how the corporation, represented by the Office of the Attorney General, is petitioning the Court of Appeal to set aside Sir Michael Barnett’s 2014 decision for it to pay $94,041.50 to Good Earth Nursery Ltd on Gladstone Road. In August 2014, Sir Michael, now an acting appellate judge, ordered BAIC to pay William Albury $94,041.50 for the $37,500 worth of “damaged and suffering plants” and $56,541.50 for “dead plants” at the Gladstone Road property as of February 2009. The plants were damaged due to a “rock crushing operation” on the property adjacent to Mr Albury’s, the dust and by-products of which were blown onto his plants and crops, causing “severe damage and loss of them”. According to court documents, Good Earth Nursery Ltd, the plaintiff in that action, became a tenant of BAIC in 1998, when it entered into a lease
THE BAIC headquarters. agreement with BAIC for the purpose of operating a plant nursery. According to Sir Michael’s ruling, the lease agreement contains a clause which provides that Good Earth, upon “paying the rents and observing and performing the covenants and stipulations” contained in the lease “shall peaceably hold and enjoy the dismissed premises”. Around July 2006, however, an employee of the first defendant, Tony Miller doing business as T M Trucking, under the “direction and control” of the second defendant, Geneva Albury-Bowe doing business as Tradewind Enterprises, “transported and fixed to the property” leased to Mr Miller a “rock
and soil crushing machine” and engaged in a “rock crushing and soil separating operation”. Sir Michael noted that prior to 2006, the activities by the second defendant on its leased land “did not constitute a nuisance nor did it interfere with Good Earth’s enjoyment of its leased property”. Sir Michael said it was not until 2006 when the second defendant “permitted the rock crushing operation on its property that the activities on that property interfered with Good Earth’s business”. Sir Michael ultimately ruled that BAIC was liable for the damage caused by the rock crushing operation, agreeing with Good Earth’s submissions that BAIC ought not to have
allowed another “lessor” to use its leased property in a manner which “substantially interferes with Good Earth’s ability to use its property in the manner which BAIC agreed and required that the property should be used. He also said that BAIC, under its lease with the second defendant, had the ability to stop the second defendant from “using its property to carry out rock crushing operations” and that its failure to do so was “a breach of its quiet enjoyment covenant with Good Earth”. Thus, Sir Michael said the liability “must extend to the case where the landlord is capable of preventing the nuisance by his tenant but fails to do so”.
According to the ruling, on May 17, 2009, a report was compiled based on inspections of Mr Albury’s lot. The findings showed a loss of $37,500 for damaged and suffering plants as of February 2009 and $56,541.50 for dead plants as of February 2009. Adding the two costs, Sir Michael ultimately entered judgment for Good Earth against BAIC in the sum of $94,041.50. He ruled that BAIC “will pay Good Earth’s cost to be taxed if not agreed”. However, BAIC is now contending that on the facts and review of the judgment, Sir Michael “erred in law” by failing to “follow and or properly exercise his discretion by not adequately or at all, adhering to the provisions of Order 31A, Rules of the Supreme Court, moreso Order 31A, Rule 12(2), when he “proceeded to conduct case management and a substantive trial without properly ascertaining the reasons for the appellant’s non-appearance”. BAIC further contends that on a “true construction of the evidence”, documents and authorities relied upon, Sir Michael erred in law and in fact by finding and adjudging that the appellant was liable for breach of the covenant for quiet enjoyment. The corporation also asserts that Sir Michael “erred in law and in fact
when he failed to properly apply the authorities, which speaks to the authorization, causing, permitting and or approving the act complained of”. Mr Albury, with his attorney Troy Kellman, appeared before the appellate court in anticipation of proceedings concerning BAIC’s appeal of Sir Michael’s ruling. However, the matter was ultimately adjourned to a later date. In April of 2016, Mr Albury told The Tribune that not only had the corporation failed to comply with Sir Michael’s order, but was instead charging him $6,400 in lease fees and demanding that he demolish a building on the property. BAIC, in a letter addressed to Mr Albury and signed by former BAIC executive chairman Dion Smith, claimed Mr Albury “failed and or refused” to pay his yearly lease fees for the period 2014-2016. BAIC also claimed Mr Albury erected a building on the property that was being used as a house, which BAIC said is a breach of Mr Albury’s lease agreement with the corporation. Mr Albury has said he had no qualms about paying the $6,400 in arrears, granted BAIC pay him the $94,000 owed to him, especially given that the latter sum is nearly 13 times the $6,400 BAIC is seeking in outstanding lease fee payments.
WIFE SHOULD HAVE INCLUDED $4M CASH IN DIVORCE PROCEEDINGS By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net
A WOMAN ought to have accounted for the $4m in cash stashed in a foreign bank account and thousands of dollars’ worth of South African and Indian gold coins contained in a safety box when divorcing her husband of 21 years, the Court of Appeal has ruled. Appellate Justice Jon Isaacs, along with acting appellate Justices Sir Michael Barnett and Milton Evans, said the woman, Flora Sawyer, was “obliged to account” for those items for there to have been any “equitable division of the assets” during the split, which along with other “disputed assets”, were either secured in a safety box or a bank account in Canada. And both the box and the bank account, the appellate judges stated, were either under the “sole control of the wife exclusive of the husband”, Floyd Sawyer, or in the “sole name of the wife and over which the husband had no authority”. According to the ruling, the two were married in September of 1987. At the time of the marriage, Mr Sawyer was 39 and his wife was 31. Both had previously been married. On April 29, 2008, after 21 years of marriage, Mrs Sawyer filed a petition for divorce. Following that, the appellate judges said the “squabble” for ancillary relief began. Those ancillary proceedings took an “inordinately long period of time”, the appellate ruling said. Although the summons for ancillary relief which led to the judgment under appeal was filed on June 18, 2008, it was not heard until July 25, 2011. Those hearings continued before Justice Claire Hepburn through to February 25, 2012. And despite the hearings concluding in February 2012, that judge didn’t deliver her ruling until May 30, 2014. The appellate judges said that was “inexcusable” and said the delay “may well have contributed to the judge inadequately dealing with matters which have given rise to this appeal”. Nonetheless, in her ruling, Justice Hepburn found a number of properties in Abaco, including one that generates some $12,000 in income annually; two Rolex watches, one for a man and one for a woman; two fishing boats; three shotguns; 50 percent of one company
and 40 percent of another construction company to be matrimonial assets on the husband’s side. Justice Hepburn also found a home in Florida to be treated as a matrimonial asset on Mrs Sawyer’s side. She also found that a gold set of Indian head coins; 200 African Kruggerands; Mrs Sawyer’s cash holdings, a fur coat and a wedding ring; and a construction company were held as “disputed assets”. According to the appellate ruling, after some discussion of the law, Justice Hepburn said she was “satisfied” the matter was a “proper case for making an order that the matrimonial assets to be divided shared equally by the husband and the wife”. She also found that such a division “would take care of the wife’s needs without the need for any further maintenance order or lump sum payment”. “The wife may have to reduce her standard of living somewhat, but she will be able to enjoy a comfortable lifestyle if she properly invests and manages her share of the matrimonial (assets),” Justice Hepburn said. “The same goes for the husband.” Justice Hepburn also said in her ruling the matrimonial assets would have to be appraised, which was not done for the hearing. Concerning the disputed assets, Justice Hepburn said she found it “impossible to make a determination on the evidence before me”. The man filed a notice of appeal on June 12, 2014 notwithstanding that as of that date the judge hadn’t supplied a written copy of her ruling, the appellate judges said. The notice of appeal was later amended. “Distilled to its essence,” the appellate judges said, Mr Sawyer’s grounds of appeal were the judge included in the matrimonial assets two properties in Abaco and that those assets should not have been included as they were property owned by him prior to the marriage; that the judge failed to discharge her duty by failing to make a finding on and accounting for the disputed assets; that the judge failed to take into account Mrs Sawyer’s interest in a trust in which she was a beneficiary; the judge erred when she failed to give effect to an oral agreement between the parties; and the judge erred when she found the assets should be divided equally. Concerning the “disputed assets,” the appellate judges stated in the “ordinary course of events”
an appellate court would not interfere with actual findings of fact by a trial judge who would have had the benefit of seeing the witnesses. However, the appellate judges said they were “apprehensive” that Justice Hepburn’s “failure” to make a determination on the disputed assets is not from the difficulty to make a determination on the evidence “as much as because of the two-year delay between the taking of the evidence and the delivery of the judgment”. “The judge does not indicate the basis of her difficulty which resulted in it being ‘impossible to make a determination’,” the appellate judges said. “It must be recalled that the role of a judge in ancillary relief litigation is quasi inquisitorial and the judge where he has insufficient information
to determine an important fact should make an extra effort to obtain that additional information.” The appellate judges further said it is “difficult” to understand the difficulty Justice Hepburn had that made her task “impossible”. The judges said the disputed assets were primarily either in a safety box over which the wife had “sole control exclusive of the husband” or monies in a bank account that was in the sole name of the wife over which the husband had no authority. Thus, the appellate judges said Mr Sawyer could not access the box without his wife, but she could access the box without her husband. “On a balance of probabilities, it is our view that the judge ought to have found that the wife was obliged to account for those
assets which were in the safety deposit box in the division of the property,” the appellate judges said. “In any division of property, the wife should be regarded as having already acquired those assets.” The appellate judges said the same applied to the $4m stored in the Canadian bank account in Mrs Sawyer’s sole name. “The husband could not access those monies by himself,” the appellate judges said. “The wife’s evidence that she gave blank authorisations to the husband to move money out of her US dollar account clearly related to her US dollar account in (Abaco) where the husband was living and did not apply to the US dollar account in Canada. “There does not appear to us to be any reason why the judge should not have treated those monies in
the same way that we have held that she should have treated the property in the safety deposit box. “The money in the bank account was under the exclusive control of the wife and she must account for them in any equitable division of the assets.” The appellate judges further noted towards the end of their ruling that Mr Sawyer’s appeal of Justice Hepburn’s ruling was allowed only to the extent that they considered themselves “at liberty to make a finding on the evidence which the judge declined to do,” thus resulting in them varying that judge’s judgment “to the extent that we have included the disputed assets”. “Save for that we did not think that we were at liberty to interfere with the judge’s ruling,” the appellate judges said.
PAGE 8, Friday, April 27, 2018
THE TRIBUNE
LIFE’s t o i r a with spy bill V SS Spy bill L
AST week, the ironies of the FNM administration took centre
stage. This week, their “hypocrisy” is back for a cameo appearance. THE “SPY BILL” After branding it as a “Spy Bill” during the
election campaign, and using it as a major talking point, including predicting its abolishment if elected, the FNM has changed course on yet another issue of national importance. Recently, National Security Minister Marvin Dames in the HOA, described the Communication Bill as a “comprehensive contemporary law to fight sophisticated technologically savvy criminals and to dismantle their criminal networks”. “This bill is a vital tool to assist in our crime fighting strategies, particularly in combating drug, human, and gun trafficking, gang violence, cybercrimes and other forms of transnational organised crimes,” he continued. “Without legislation such as this one, law enforcement agencies will be severely handicapped and disadvantaged in their attempts to detect, collect, analyze, investigate and prosecute associated crimes in a world where technology related platforms have become the preferred means of communications across the globe especially for organized crime organisations.” “The Bill provides for the interception of communication carried wholly or partly by wireless telegraphy and also covers all mail handling systems including parcel and courier services, it further provides for the use of certain devices for listening to private conversations, a contentious provision.” Section 26 of the bill removes the power of the minister to simply order a wiretap, but provides for
the minister to authorise in writing, a listening device to be used by an individual if it is determined that the use is for defense or national security matters. I know this has raised many an eyebrow. Dames contends there will be transparency and accountability throughout. “One cannot act outside of the law to go after political adversaries, spouses, sweethearts, or anyone else as a matter of fact without there being consequences,” he said. Basically, the government can listen to your business, they just can’t talk it on slack. I’m still amazed at how easily the FNM has tabled their version of the previously “controversial” Bill, proceeding with business as usual, with not a mention of their previous position. I can only think that the recent, horrendous results for the FNM, in the “Public Domain” poll regarding the present administration’s performance, thus far, has the PM and the FNM hierarchy in a sweat. So much so, one might think they’ve rushed to pass the “Spy Bill” in order to find out who’s really in their corner, and who isn’t on their run. Who needs poll results, when you are the real fly on the wall? ANCHORS AWAY Let me cut right to the chase, yes we all know the well documented “navigational failings” of the RBDF. Numerous incidents have occurred over the years, and several comical incidents recently. Commodore Tellis Bethel,
unlike other government officials, accepted responsibility, and offered positive solutions to remedy the situation, moving forward. MPs should be so upstanding, instead they regurgitate political rhetoric and finger point, blaming the previous administration, tirelessly. Bethel is not above a private chastisement, however to be publicly ridiculed and disrespected amongst your peers is totally unacceptable u by the PM. Protocol, “Doc”, protocol. Just as the “Perry Salute” was unacceptable during his tenure as PM, so are continuous, inappropriate public remarks by the current PM. These blunders are further proof of the PM’s political naïveté. What I find most hypocritical on the part of the PM, is, that it’s a well known fact, that he despises criticism, especially from the media. So why would he in turn treat Commodore Bethel in the same manner that he loathes? News flash, “Doc”, heavy is the head that wears the crown. If you are going to give, you also have to take. Considering your most recent ‘faux pas’ you going to be taking plenty!! In fact “Doc”, set an example for Commodore Bethel. Maybe, if you stop running the country aground, Bethel will follow suit, and ensure that the RBDF boats stop running aground. On a lighter note, thanks for making my job easy Doc. Nowadays, the jokes write themselves.
THE TRIBUNE
Friday, April 27, 2018, PAGE 9
SANDALS HELPING TO TACKLE PLASTIC POLLUTION
A team from Sandals Royal Bahamian recently visited Garvin Tynes Primary School to work with the students on Earth Day activities and encourage the adoption of reusable water bottles. WITH roughly 300 million tons of plastic being produced globally each year, the Sandals Foundation has intensified its efforts to reduce plastic pollution in the region, this time targeting school children. In observance of World Earth Day last Sunday the Foundation started the distribution of 5,000 reusable water bottles in schools in the region to reduce the use of disposable plastic bottles among
school children. Executive Director of the Sandals Foundation Heidi Clarke said the initiative is part of the larger focus of the foundation to engage and educate adults and children on the threats their activities and habits pose to the environment. “What we are doing is more than just handing out brightly coloured water bottles to children. It is about the education of the children to bring about a change in perspective and
habits. If we can get our children to understand the dangers of plastic pollution, how their actions contribute to that and get them to view their habits differently, we would have made some progress in the fight against plastic pollution,” Ms Clarke said. Environmental Officer at the Sandals Foundation Jonathan Hernould said that management of plastic waste is a global issue, making plastic pollution one of the leading
environmental issues in the region. “A large cross section of our Caribbean population depend on our seas for their livelihoods and with the harm that plastic pollution causes to our oceans and marine wildlife, that livelihood is under threat,” he said. In addition to providing students with reusable bottles to replace single-use bottles, Mr Hernould said a team from Sandals Royal Bahamian plans to visit the
schools to work with and educate students on the dangers of plastic pollution to tourism, our health and the environment. “Improper disposal of plastics is dangerous to all. Animals are trapped by plastic debris or eat it and become sick. Microscopic plastic particles are absorbed by fish that humans eat. It is important that the students know this so that they not only change their habits but influence their households as well.”
Single-use plastics, or disposable plastics, are used only once before they are thrown away or recycled. These include plastic bags, straws, coffee stirrers, soda and water bottles and most food packaging. In observance of Earth Day last year, the Sandals Foundation delivered 5,000 reusable tote bags to supermarkets across the region as part of the mission to educate the public about reducing the need for single use plastics.
PRIME MINISTER TABLES BILL FOR LOW-COST HOMES By KHRISNA RUSSELL Deputy Chief Reporter krussell@tribunemedia.net
NEARLY three months after unveiling his administration’s plans to offer extremely low-cost lots to potential first-time home buyers, Prime Minister Dr Hubert Minnis has tabled the Access to Affordable Homes Bill 2018 in the House of Assembly. The bill, presented on Wednesday, seeks to promote greater access to affordable homes through the grant of certain exemptions for the building of homes on land situated within a government-owned subdivision. It would apply to instances where the subdivision has been provided with all the necessary infrastructure for essential services. In addition, it will enable applicants to be eligible to enjoy exemption from customs duties and excise tax on the import of any and all materials necessary for the construction of a dwelling on the land. The bill says this would apply for a period of two years from the date of the approval from the minister or within the extended period. A certificate of occupancy must also be issued, the bill says. The legislation, once passed, will also provide for a resumption of title by the minister of housing
and possible equal restitution should a person fail to complete a home within the specified period and will provide for offences and penalty. However, the bill seems to grant absolute powers to the minister of housing when it comes to consideration for approval. “Where the minister is satisfied that an application relates to a designated subdivision, the minister shall grant the approval of the application subject to the provisions of this act and to any such continues as the minister sees fit,” the bill notes. The minister can also decide to refuse an application made on the provisions of this bill. A notification would then be sent notifying the applicant of the rejection. Regarding penalty for contravening the law, an offence would be punishable by a fine of twice the value of the concession provided under this act or to a term of imprisonment not exceeding six months or to both. Either of these penalties would not limit the power of the minister to rescind the approval for exemption of customs duties and excise taxes. In addition, the court would be given the power to make a confiscation order or demand direct payment to a public body
for the value of any property obtained by the guilty person or entity. Back in January, Dr Minnis announced during a national address the government’s plans to support access to affordable housing. At the time, he said: “They (new homeowners) may utilise their own architect or utilise preexisting plans offered by the government. The potential homeowners will have two years to build their homes at dutyfree concessionary rates. Because the lots will be inexpensive, we expect scores of first-time homeowners to take advantage of this programme. “The programme will be extended to Family Islands thus encouraging Family Island ownership, second home ownership, and entrepreneurship development of bed and breakfast properties.” Up until this point it was a long-standing policy of the government to offer low-cost homes to Bahamians, with the Department of Housing tasked with facilitating the construction of affordable housing to low and middle-income Bahamians. The lots under the new programme will be offered at a cost less than $30,000, Dr Minnis said in February. Housing Minister
Romauld Ferreira said the plots of land would be offered in May. Twenty lots would be up
for sale in the Sunset Close extension just behind the Carmichael Road Post Office, at Carmichael
Village – Carmichael Road West and in the Lionel Davis Development at Fox Hill.
PAGE 10, Friday, April 27, 2018
THE TRIBUNE
Antique Auto Club of The Bahamas Antique Auto Club of The Bahamas. - A presentation was held for awards in the 14th Annual Antique Auto Club of The Bahamas Art Competition. The competition is open to all five to 15-year-old students throughout The Bahamas and usually attracts the best artists from both private and public schools. It was held during the club’s 31st Annual Antique Auto Show at Arawak Cay. The artists are provided with all materials and are required to draw and colour any of the automobiles on display at the show. Judges had a hard task determining the winners. First, second, and third, in each of four categories received trophies, certificates and a die-cast collectible model of an antique vehicle. The contestants come from a wide cross section of students throughout The Bahamas. The proceeds of the show are being donated to the Sir Victor Sassoon Heart Foundation, specifically to assist with expenses for a four-year-old child requiring heart surgery. The results are:
JOIN THE CLUB OUR Clubs and Societies page is a chance for you to share your group’s activities with our readers. To feature on our Clubs and Societies page, submit your report to clubs@tribunemedia.net, with “Clubs Page” written in the subject line. For more information about the page, contact Stephen Hunt on 502-2373 or 447-3565.
ART contest entrants, above, and, right, the winning entry. Age 5–7: 1st Callum Pritchard, St Andrews Int School; 2nd Sadie Johnson, St Thomas Moore School; 3rd Aaron Moss, St Francis and St Joseph School; Honorable Mention Amy, One -on-One Pre-school. Age 8–10: 1st Logan Forbes, Palmdale Primary; 2nd Chaari Johnson, St Anne’s Primary; 3rd Kaylee LaRoda, Palmdale Primary; Honorable Mention Aiden Sheppard, Queens College. Ages 11–13 1st Gabrielle Curry, Windsor School; 2nd Jayah Johnson, St Anne’s School; 3rd Matthew Reid, St Andrew’s School; Honorable Mention: Doyl Knowles, St Andrew’s School; Kayley Simon,
KIWANIS Fort Montagu helping Hands for Hunger. Windsor Prep School; Esther Simme, St John’s College; Kaileb Burrows, St Anne’s School; Eric Saunders, The Meridian School; Ian Enriquez, St Francis and St Joseph School. Ages 14–15: 1st Danah Adderley, CC Sweeting Sr High School; 2nd Joshua Munroe, St Anne’s School; 3rd Noel Seymour, St Anne’s School; Honorable Mention: Tanisha Floyd, St Augustine’s College.
TWO of the attendees at the Women’s Corona Society luncheon.
OVERALL WINNERS: 1st Danah Adderley, CC Sweeting Sr High School; 2nd Joshua Munroe, St Anne’s School; 3rd Noel Seymour, St Anne’s School.
Kiwanis Fort Montagu Kiwanis Fort Montagu. - On Saturday morning, Kiwanis Fort Montagu took to the farms. No, we did not have to slash and burn today but we had to harvest the crops. This is not any kind of crops, it could be kale, carrots or green peppers but this week it was harvesting lettuce. Members volunteered with the Hands for Hunger organisation. The process was easy, fun and rewarding. First, the lettuce were cut from their branches before taken through the process of cleaning, drying and
packaging. This process gave members a greater appreciation for lettuce purchased that is grown locally. Fresh cut, no processing or oiled for good looks but washed 3-4 times in clear water, placed in a spinner to let of excess water and then further laid out to dry before packaging. The greater reward about this project is that the farm owner allows Hands for Hunger to harvest crops free of charge which they donate to various charities. Think about this! A farm owner gives of his livelihood to help others. He not only gives but allows them to go into the farm and pick the crop themselves, use his facility and distribute to those in need. The charities range from children’s home, soup kitchens, etc. Without naming them, we are all aware that Hands for Hunger has been a life saver in our community supplying thousands of meals to feed those less
fortunate. They have championed this cause. The Kiwanis club of Fort Montagu values the work of Hands for Hunger and our members are truly honored to partner with them. We must also extend gratitude to Lucayan Tropical Produce for their generous donation to Hands for Hunger and by extension the receivers of the goodies.
Women’s Corona Society Women’s Corona Society. - The Women’s Corona Society of The Bahamas held its annual Spring Luncheon at Sapodilla. The lovely venue, food and service contributed to a wonderful experience. The ladies were treated by a brief appearance by comedian Inigo Zenicalaya. Overall, the event was quite successful and raised funds to help support Corona charities.
THE TRIBUNE
Friday, April 27, 2018, PAGE 11
HUNDREDS OF SHARKS AND FISH CAUGHT UP IN DRIFTING ‘GHOST NET’ GRUESOME images of hundreds of sharks and fish trapped in a drifting “ghost net” in the Caribbean have caused outrage across the world. The upsetting pictures were captured by a photographer who spotted the net floating four miles off the Cayman Islands. Dominick Martin-Mayes took to Facebook in disgust after capturing the horrific scene which he said killed most of the fish caught up in it. He estimated that the huge net weighed several tonnes and measured around 40ft across and 40ft down. The 27-year-old said he
tried to free the trapped fish, but added many were “dead and decomposing”. He said: “At first we thought it was a log, but as we got closer we could see it was a net with floats. “I jumped in the water first and was shocked at what I saw. It took my breath away - the first thing I saw was the juvenile oceanic whitetip [shark]. “I got my buddy who was with me to grab a knife and jump in. We did what we could to free some of the trapped life but most of it was already dead.” In an update on Facebook, he said the net was too big and heavy to move.
However, the Cayman Islands’ Department of the Environment later confirmed it had been recovered and was waiting to be shipped off the island for recycling. Deputy Scott Slaybaugh said the net had become caught on a reef off the north coast of Grand Cayman. However, after it was spotted by a local watersports operator, a major search was launched involving a plane before it was eventually located and recovered. Hundreds of sharks and fish were believed to have been caught up in it.
THE NET floating off the Cayman Islands.
Photos: Dominick Martin-Mayes
PAGE 12, Friday, April 27, 2018
GUILTY
THE TRIBUNE
SEX ASSAULT VERDICT REVEALS ‘REAL BILL COSBY’
BILL Cosby looks around before he leaves the Montgomery County Courthouse yesterday, after being convicted of drugging and molesting a woman. NORRISTOWN, PA Associated Press BILL Cosby was convicted yesterday of drugging and molesting a woman in the first big celebrity trial of the #MeToo era, completing the spectacular late-in-life downfall of a comedian who broke racial barriers in Hollywood on his way to TV superstardom as America’s Dad. Cosby, 80, could end up spending his final years in prison after a jury concluded he sexually violated Temple University employee Andrea Constand at his suburban Philadelphia mansion in 2004. He stared straight ahead as the verdict was read but moments later lashed out loudly at District Attorney Kevin Steele after the prosecutor demanded Cosby be sent immediately to jail. Steele told the judge Cosby has an airplane and might flee. Cosby angrily denied he has a plane and called Steele an “a--hole,” shouting, “I’m sick of him!” Judge Steven O’Neill decided Cosby can remain free on $1m bail while he awaits sentencing but restricted him to Montgomery County, where his home is. No sentencing date was set.
Cosby waved to the Cosby, married for 54 years, crowd outside the court- drugged and violated them, house, got into an SUV too. and left without saying At Cosby’s first trial, anything. His lawyer Tom which ended in a deadMesereau declared “the locked jury less than a year fight is not over” and said ago, only one additional he will appeal. accuser was allowed to Shrieks erupted in the testify. courtroom when the verdict After the verdict, the was announced, and some district attorney became of Cosby’s accusers whim- teary-eyed as he compered and cried. Constand mended Constand for what remained stoic, then hugged he said was courage in her lawyer and members of coming forward. As Conthe prosecution team. stand stood silently behind “Justice him in a has been ‘He used his celebrity, bright white done!” blazer, he used his wealth, celebrity Steele he used his network attorney apologised Gloria to her for of supporters to Allred, who a previrepresented help him conceal ous DA’s some of his crimes. Now, we decision in Cosby’s 2005 not really know today accusers, to charge said on who was really behind Cosby. the court- that act, who the real Steele house steps. Bill Cosby was.’ said Cosby “We are so “was a man happy that who had finally we can say women evaded this moment for far are believed.” too long”. The jury of seven men “He used his celebrity, and five women deliberated he used his wealth, he used 14 hours over two days. his network of supportThe verdict came after a ers to help him conceal his two-week retrial in which crimes,” the district attorprosecutors had more ney said. “Now, we really courtroom weapons at know today who was really their disposal than they behind that act, who the did the first time: They put real Bill Cosby was.” five other women on the Cosby could get up to ten stand who testified that years in prison on each of
the three counts of aggravated indecent assault. He is likely to get less than that under state sentencing guidelines, but given his age, even a modest term could mean he will die behind bars. Constand, 45, a former Temple women’s basketball administrator, told jurors that Cosby knocked her out with three blue pills he called “your friends” and then penetrated her with his fingers as she lay immobilized, unable to resist or say no. Cosby claimed the encounter was consensual said he gave her 1½ pills of the cold and allergy medicine Benadryl to help her relax. It was the only criminal case to arise from a barrage of allegations from more than 60 women who said the former TV star drugged and molested them over a span of five decades. The onslaught all but destroyed his career and his good-guy image as wisdom-dispensing, sweater-wearing Dr. Cliff Huxtable on “The Cosby Show”. The business fallout from the verdict was almost immediate: Bounce, a TV network that caters to black viewers, announced it would drop reruns of “The Cosby Show”. Cosby’s retrial took place against the backdrop of
#MeToo, the movement against sexual misconduct that has taken down powerful men in rapid succession, among them Harvey Weinstein, Matt Lauer, Kevin Spacey and Sen Al Franken. During closing arguments, Cosby’s lawyers slammed #MeToo, calling Cosby its victim and likening it to a witch hunt or a lynching. Cosby’s new defense team, led by Mesereau, the celebrity attorney who won an acquittal for Michael Jackson on child-molestation charges, launched a highly aggressive attack on Constand, calling her a “con artist” and “pathological liar” who framed Cosby to get rich. Constand sued Cosby after prosecutors initially declined to file charges, settling with him for nearly $3.4m over a decade ago. The star witness for the defense was Marguerite Jackson, Temple employee who testified that Constand once spoke of setting up a prominent person and suing. Cosby’s defense team derided the other accusers as home-wreckers and suggested they made up their stories in a bid for money and fame. But Cosby himself had long ago confirmed sordid
Photo: Corey Perrine/AP revelations about drugs and extramarital sex. In a deposition he gave over a decade ago as part of Constand’s lawsuit, Cosby acknowledged he had obtained quaaludes to give to women he wanted to have sex with, “the same as a person would say, ‘Have a drink”. The sedative was a popular party drug before it was banned in the US more than 30 years ago. The entertainer broke racial barriers as the first black actor to star in a network show, “I Spy,” in the 1960s. He created the top-ranked “Cosby Show” two decades later. He also found success with his “Fat Albert” animated TV show and appeared in commercials for Jello-O pudding. Later in his career, he attracted controversy for lecturing about social dysfunction in poor black neighborhoods, railing against young people stealing things and wearing baggy pants. It was Cosby’s reputation as a public moralist that prompted a federal judge, acting on a request from The Associated Press, to unseal portions of the deposition. Its release in 2015 set Cosby’s downfall in motion, prompting authorities to reopen the criminal investigation and bring charges.
TRUMP: COHEN REPRESENTED ME IN PORN STAR DEAL WASHINGTON Associated Press
PRESIDENT Donald Trump said yesterday that his personal attorney Michael Cohen represented him “with this crazy Stormy Daniels deal”, after previously denying any knowledge of a payment Cohen made to the porn actress who alleges an affair with Trump. Trump spoke by phone yesterday to “Fox & Friends”. He said weeks ago that he had no knowledge of a $130,000 payment Cohen made to Daniels before the 2016 election in exchange for her silence about an alleged sexual tryst with Trump in 2006. Arguing that Cohen was one of his “many attorneys,” Trump said Thursday: “He represents me like with this crazy
PORN actress Stormy Daniels at federal court in New York on Monday, April 16, as part of ongoing hearings. Photo: Seth Wenig/AP Stormy Daniels deal,” and added, “From what I see, he did absolutely nothing wrong. There were no campaign funds going in.” The telephone connection seemed to cut out for a few seconds after Trump mentioned Daniels. Daniels’ attorney Michael Avenatti
responded Thursday: “Mr Trump and Mr. Cohen previously represented to the American people that Mr Cohen acted on his own and Mr Trump knew nothing about the agreement with my client, the $130k payment, etc. As I predicted, that has now been shown to be completely false.”
POMPEO SWORN IN AS SECRETARY OF STATE WASHINGTON Associated Press
MIKE Pompeo took over as America’s top diplomat yesterday after being confirmed by the Senate and sworn in across the street minutes later. The new secretary of state immediately dashed off to Europe. The former CIA director was confirmed on a 57-42
vote — one of the slimmest margins for the job in recent history. Every past nominee to get a roll call vote since at least the Carter administration received 85 or more yes votes in the Senate, with the exception of Trump’s first secretary of state, Rex Tillerson, who got 56. He was sworn in at the Supreme Court by Justice Samuel Alito, a fellow
Italian-American, who said he was “proud” to officiate for the occasion. Pompeo, in a statement relayed by the State Department, said he was “delighted” to serve as America’s top diplomat. “I am completely humbled by the responsibility and looking forward to serving the American people and getting to work right away,” Pompeo said.