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VOLUME:115 No.109, APRIL 30TH, 2018
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‘I took Nygard’s cash to smear rival Bacon’ Ex-ZNS reporter Sherman Brown’s court confession By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net A FORMER ZNS reporter has admitted in open court to previously publishing numerous false and defamatory allegations about Lyford Cay billionaire Peter Bacon, pictured, for five years and that he did so at the “express instructions” of Canadian fashion mogul Peter Nygard and his former attorney Keod Smith for payment. Sherman Brown admitted to being an “active participant” in Mr Nygard’s long-running “vendetta”
against the latter’s Lyford Cay neighbour, as well as publishing damning allegations against Mr Bacon “as instructed and authorised” by Mr Nygard, Mr Smith and/or their agents with “actual malice” for “financial gain”. Brown further confessed that while working for the Broadcasting Corporation of The Bahamas between 2010 and 2015, he was also working on the side for Mr Nygard in the furtherance of a “smear campaign” being waged by the Canadian fashion tycoon against Mr Bacon. SEE PAGE THREE
OIL EXPLORATION A STEP CLOSER By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net OIL exploration in Bahamian waters is one step closer to reality after an application for environmental approval was submitted to the Government late last week.
Bahamas Petroleum Company, which has spent more than a decade on exploration, confirmed it has “lodged an application for Environmental Authorisation” over its plans to drill a first well off Andros. FULL STORY - SEE BUSINESS
ONE of the protests held - including the wearing of KKK masks - against Louis Bacon, in this image taken from video posted to social media.
‘SLAPPING VIDEO’: BETHEL: ‘SPY BILL’ POLICE INVESTIGATE NOT SET IN STONE By MORGAN ADDERLEY Tribune Staff Reporter madderley@tribunemedia.net POLICE Commissioner Anthony Ferguson has responded to a video circulating on social media of a Royal Bahamas Police Force officer slapping a man on a beach. In the 14-second clip, the officer steadily walks toward the man and slaps him across the face, using enough force to cause the man to stumble more than once.
This was apparently not the first time the officer hit the man, as the person recording the cellphone video can be heard shouting, “N**** slap him again, bey!” Speaking to The Tribune outside the Police Training College on Friday, Commissioner Ferguson said the matter is currently under investigation. “I’ve seen the footage and I’ve referred it to the deputy commissioner, who SEE PAGE SIX
By KHRISNA RUSSELL Deputy Chief Reporter krussell@tribunemedia.net
AMID calls for the Interception of the Communication Bill to be permanently shelved, Attorney General Carl Bethel yesterday said the proposed legislation in its current form could “possibly” be amended, adding consideration will be given to additional changes at the Cabinet level. Nonetheless, Mr Bethel defended the bill as not only
critical to strengthening law enforcement, but he told The Tribune despite criticisms it is different from the original version advanced under the former Christie administration in 2017. In a note to this newspaper, Mr Bethel said the earlier ICB applied to “any offence” and would even come into force for minor crimes, including stealing by reason of employment or planning an illegal political demonstration. SEE PAGE 11
ONE DEAD, FIVE INJURED IN SHOOTINGS By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net
POLICE are investigating the circumstances into the shooting death of a man on a Family Island alongside two separate shooting incidents in New Providence that left five men in hospital over the weekend. According to police reports, shortly after 9pm
on Friday, The body police in was examined Abaco were by a doctor at called to the scene and the area pronounced of Charles dead. Sawyer HighPolice have way in Marsh not released Harbour, his identity, where they but loved discovered ones on social the lifeless media said he PEREZ DAMES body of a man is Perez Dames. with an apparent gunshot He is the 27th murder wound to the head. victim this year, according
Nassau & Bahama Islands’ Leading Newspaper
to The Tribune’s records. Turning to New Providence, shortly after 11pm on Saturday, a group of men were standing outside a residence on Jumbey Street off Windsor Place, when they were approached by a man armed with a gun who opened fire, hitting four of them before running away. The victims were all taken to hospital and were SEE PAGE FIVE
PAGE 2, Monday, April 30, 2018
THE TRIBUNE
CULTURE IN THE PARK
A YOUNG boy taking boxing lessons at the Ministry of Youth, Sports and Culture’s “Youth and Culture in the Park” event in Free Town on April 21. KEMP Road’s Salem Park was the location for the Ministry of Youth, Sports and Culture’s Youth Outreach and Culture in the Park on April 21 in the Free Town constituency. Residents of various walks of life, including a number of senior citizens, joined youth, church and community leaders for a family-friendly experience. The event is a part of community outreach and a way to encourage and recognise the youth and culturallyminded persons throughout The Bahamas. Project coordinator Henry Higgins, Junkanoo cultural icon Percy “Vola” Francis and Pastor Andrew Stewart of the Cornerstone Zion Church International took part in the event. The Royal Bahamas Police Force Fire Branch and K-9 Unit put on demonstrations. The young Christian-rapping duo Chosen Soldiers, Junior Miss Galaxy Bahamas Maleah Gabrielle Miller, and Queen Nefertiti electrified the audience musically. Maleah’s mother, Bahamian recording artist Richa
Photos: Eric Rose/BIS Sands, also joined in with her daughter to get scores of attendees on their feet. Dancing that day were the Bahamas Urban Dance Company; a young female dance troupe from Pastor Stewart’s church, and a duet from the Bahamas National Liturgical Dance Company. Activities that residents could take part in and enjoyed included a boxing camp sampler by icon Ray Minus Jr and Mark Symonette-Rolle; athletic contests; face painting; hoopla and a Junkanoo drumming contest that was won by Paige Morley. The Black Souls Junkanoo group closed off the evening with a taste of Junkanoo. There were surprise prizes for the best-behaved youngster and the first youngster to arrive that day. Also, the food vendors were from the local community. Youth Outreach and Culture in the Park, is part of a wider initiative that the ministry has embarked on to support creative and cultural artists as it seeks to uplift the various neighbourhoods throughout the country.
DANCERS at the Youth and Culture in the Park event.
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WILL BE THE SECRET SOUND H IFT PLAYED ONCE PER S PM DAILY BETWEEN 6 AM – 10
CLUES
1. IT’S NOT A MACHINE 2. A BAHAMIAN FAVOURITE 3. SOMETHING OFTEN EATEN IN THE BAHAMAS 4. CHICKEN
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THE TRIBUNE
Monday, April 30, 2018, PAGE 3
‘I took Nygard’s cash to smear rival Bacon’ from page one
Consequent to his admissions, Brown apologised “unreservedly” to the billionaire hedge fund manager and admitted to “not exercising due care” as a journalist when publishing the allegations and consequently accepting payments from Mr Nygard, Mr Smith and others in furtherance of the smear campaign. Brown also charged that he has since “completely ended” his relationship with Messrs Nygard and Smith, and ceased to participate in their smear campaign against Mr Bacon and his associates. According to court documents, between 2010 and 2015, Brown published a total of 98 articles and/ or videos about Mr Bacon on his anonymous website Bahamas National, the majority of which were “adverse” to Mr Bacon or sought to “attack” his character. Brown also published a further anonymous website about Mr Bacon called Bahamas Citizen, which is now defunct, according to the court documents. Brown also attempted to persuade Adrian LaRoda, president of the Bahamas Commercial Fishing Alliance, to take part in a press conference at Stafford Creek Lodge in Andros where he was asked to read a defamatory press release about Mr Bacon provided to him by Mr Smith. False allegations According to the court documents, between 2010 and 2015, Brown published, in exchange for an unspecified cumulative sum of money, a “series of extremely defamatory allegations” about Mr Bacon. Those false allegations Brown admitted to publishing include Mr Bacon previously ordering the murder of two people “which he will get away with because he has powerful connections within the Bahamian government and the judiciary”; that Mr Bacon is a white supremacist, a racist and a member and supporter of the Ku Klux Klan; that there were reasonable grounds to suspect Mr Bacon of being engaged in the illegal smuggling of drugs and weapons; that Mr Bacon poses a national security threat to the people of The Bahamas; and that Mr Bacon is determined to exclude native Bahamians from Clifton Bay. In particular, Brown, via his website Bahamas National, published two articles between June 27 and November 8, 2012, in which he accused Mr Bacon of allegedly being involved or responsible for the deaths of two persons, namely Dan Tuckfield and Peter Tuckerfield, and that he would consequently get away with it because if his alleged “powerful connection” with both arms of government. In another article published on Bahamas National on January 17, 2013, Brown accused Mr Bacon of allegedly importing “high-powered supersonic speakers” that can bring down an aircraft, thus making him a threat to The Bahamas’ national security. In that article, Brown further alleged that Mr Bacon sent luxury watercraft to Panama and that there were “reasonable
SHERMAN BROWN’S FULL APOLOGY
ONE of the protests against Louis Bacon, complete with KKK masks and placards also attacking Fred Smith. grounds” to suspect he did had nothing to do with and so because he was engaged neither did it mention Mr in drugs and weapons Bacon. smuggling. Mr Bacon denied all of In another article, Brown the words published in the falsely accused Mr Bacon articles and stated in the of ensuring that the bodies videos as false. of two men who died suspiOn October 26, 2011, Mr cious deaths on his property Bacon obtained an order were cremated and shipped against web developers out of the country before Michael Rolle and Jason the police could inves- Graham, the webmasters of tigate; sending a young the Bahamas National and man to burgle the home Bahamas Citizen websites. of Mr Nygard’s daughter, The purpose of that Bianca Nygard; and send- application was to obtain ing people to Mr Nygard’s the identities of the people home, where responsible for those persons I know that these publishing the stole valuables defamatory and “violently allegations are information, attacked” a entirely false and the percaretaker and and without any sons who gave subsequently Messrs Rolle left him to die. foundation and I and Graham In that arti- should not have the defamacle, Brown published them tory context for also accused publication. Mr Bacon of Sherman Brown Mr Rolle’s ordering the evidence unlawful arrest ultimately and detention of work- revealed that Brown proers who protested against vided him with instructions his illegal decision to close concerning the set-up and a road in Lyford Cay that construction of the Bahablocked access to their mas Citizen website and homes. other matters. In another article, Brown As a result of that disaccused Mr Bacon of allow- closure, on June 13, 2012, ing his “cache of illegally a further order was sought owned weapons” to be uti- against Brown and Steve lised as a means by which to McKinney, which required fan warfare in the inner city Brown to provide relevant of New Providence. information as set out in the Brown also published order within seven days. two videos on Bahamas Brown filed an affidavit National on December 14, purporting to comply with 2014, and January 1, 2015, the terms of the order on one of which was narrated July 9, 2013, however, Mr by Mr Smith. The video, Bacon’s attorney criticised narrated by Mr Smith, the affidavit as being “manillustrated a number of ifestly deficient”. images of KKK KlansOn August 23, 2013, Mr men, lynchings and footage Bacon filed a summons of black slaves being led directing Brown to appear in rope chains and stand- before the registrar of the ing on the deck of a boat, Supreme Court to be crossultimately purporting to examined under oath. paint Mr Bacon as a KKK On November 17, 2014, member and supporter who Brown was examined under has deliberately excluded oath before the deputy native, black Bahamians from Clifton Cay. The second video contained a false ABC News report that claimed Mr Bacon had been exposed as a member of the KKK, and was created by “splicing together” and doctoring a published news report that aired on October 26, 2012, titled “Inside the KKK”. However, while the report was published, it
BROWN’S full apology, delivered in open court earlier this month, read: “In various articles published by me between 2010 and 2015, I published a number of false and defamatory allegations about Mr Bacon and his associates for which I now apologise. I made false allegations about Mr Bacon including that (i) Mr Bacon ordered the murder of two people which he will get away with because he has powerful
connections with the Bahamian government and judiciary; (ii) Mr Bacon poses a national security threat to the people of The Bahamas; (iii) there are reasonable grounds to suspect that Mr Bacon is engaged in illegal smuggling of drugs and weapons; (iv) Mr Bacon is a white supremacist, a racist and a member and supporter of the Ku Klux Klan; (v) Mr Bacon is determined to exclude native Bahamians from Clifton Bay.
I know that these allegations are entirely false and without any foundation and I should not have published them. I recognise that I have been an active participant in a smear campaign against Mr Bacon, orchestrated by Mr Peter Nygard and Mr Keod Smith, for which I apologise unreservedly. I have now completely removed myself from this malicious campaign and wholly condemn it. I apologise to Mr Bacon’s family for the distress caused.”
registrar in relation to matters contained in the order. However, Mr Bacon alleged that in the course of that examination, Brown deliberately made certain false statements under oath. Thus, on February 3, 2015, Mr Bacon applied for leave to commence committal proceedings against Brown. The committal application was supported by a sworn affidavit by Michela Barnett-Ellis that ultimately demonstrated how Brown deliberately misled the court by making the false statements, which were in turn contradicted by his own evidence, the evidence of several other individuals and “contemporaneous documentary evidence”. Mr Bacon also issued defamation proceedings against Brown concerning the aforementioned allegations on December 22, 2014, and February 17, 2015. Concerning the committal proceedings, Justice Indra Charles ultimately found in December 2015 that she was “satisfied beyond reasonable doubt” that Brown “knowingly and deliberately made false statements” before the deputy registrar of the Supreme Court in November 2014. Justice Charles further said it was “striking” that throughout the duration of the many proceedings into the matter, “not one golden word” was said by Brown to challenge the “uncompromising allegations” of giving false testimony levied against him by Mr Bacon. She said Mr Brown “failed to file any affidavit evidence as ordered by the court”. Concerning the defamation actions, however, Brown admitted in a public statement in open court to making and/or publishing the allegations against Mr Bacon at Mr Nygard’s behest, despite there being “no factual basis for any element of them”. “I know that these allegations are entirely false and without any foundation and I should not have published them,” Brown said in his apology. “I recognise that I have been an active participant in a smear campaign against Mr Bacon, orchestrated by Mr Peter Nygard and Mr Keod Smith, for which I apologise unreservedly. “I have now completely
removed myself from this malicious campaign and wholly condemn it. I also apologise to Mr Bacon’s family for the distress caused.” The aforementioned stems from an ongoing feud between Mr Bacon and Mr Nygard, who own adjacent mansions at Lyford Cay. Mr Bacon, an environmentalist, claims that Mr Nygard has retaliated against him because he believes it was Mr Bacon who complained about the alleged environmental damage being done by the dredging of the seabed to expand the Nygard Cay property. Mr Bacon is suing Mr Nygard for $100m for
defamation. He has alleged that the fashion designer organised rallies, marches and protests where he was defamed; created and distributed defamatory T-shirts and signs; published defamatory accusations about him and used websites to defame him. However, Mr Nygard filed a $50m countersuit accusing Mr Bacon of a “vendetta” against him, including harassment and frivolous litigation. Each has denied the other’s allegations. Last week, a New York appeals court ruled the 2015 defamation lawsuit filed by Mr Bacon against Mr Nygard can be heard in that state.
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PAGE 4, Monday, April 30, 2018
THE TRIBUNE
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Could Bahamas learn from Singapore? SPEAKING at the CEO Network conference at the Melia Nassau Beach hotel last week, Prime Minister Dr Hubert Minnis told his audience that the Bahamian economy had grown by about 2.5 percent in the past year, which, he said, could possibly signal its best growth in ten years. “Tourism is doing very well,” he continued. “Both Atlantis, Paradise Island, and Baha Mar, are doing exceptionally well. Our economic prospects are improving, but we must do more to boost jobs and opportunity.” “The wanton corruption of the last five years has ended but we must continue to reform our laws in order to confront a culture of corruption. Our public finances are improving though we are not out of the woods. “Still, amidst our challenges, The Bahamas is much better off than it was just a year ago when we were headed into an abyss from which we would not have easily recovered. The recovery of our national prospects and our economy has begun and has taken hold,” he said. He went on to talk of a number of tourism and investment projects planned for Grand Bahama and ambitious infrastructure programmes for several of the other islands. He continued in this vein, outlining what government has to do to put a failing country back together again emphasizing that “economic transformation requires us to combat corruption at all levels of Government because corruption retards economic growth and poses a tremendous burden on Government finances”. Several readers commented on this article when it was published on Tribune242. One reader in particular, who critcised government for not doing more, ruffled the feathers of another reader, who signed himself “Cobalt”. In all of this the most important ingredient to effect change was left out — the Bahamian people. There can be no change, no movement forward unless the people — including those wasting their lives sitting on the blocks, sniffing their weed and drinking their booze — are determined to make their contribution as decent, upright citizens. And this is what Cobalt had to say: “Yes, John. The Prime Minister understands that citizens living within the inner cities need jobs. He understands that the entire nation needs an economic boost. But the dilemma that we all face is that economic development takes TIME. “It may only take a second to make a mistake, but it can take years to rectify that mistake. And here in The Bahamas we have made TONS of mistakes. So while the government is doing its best to initiate an adequate economic foundation in the midst of a ‘mess of a country’, I encourage every Bahamian to take a long look in the mirror. The problem I see with many Bahamians is that we want our situation to change, yet we fail to change ourselves. We want our situation to improve, yet we
fail to improve ourselves. We want the government to accomplish everything, but ask your nearest neighbour what has he accomplished for himself. Successive Bahamian governments have failed because we the people have continued to fail. The government is simply an extension of the people it represents. The government is extracted from a pool of its own citizens. So when we begin to improve ourselves, the government will likewise begin to improve. “Here’s a fun fact,” continued Cobalt, “foreigners come to this country with little or nothing, and in a little over a decade are successful business owners and entrepreneurs. The Chinese do it, the Jamaicans do it, the Haitians do it. Yet all we Bahamians do is sit, complain, and blame the government. If we want change in our country, we have to be the change. If we want change in our communities, let’s start by changing our households. Let’s start by talking with our neighbours and forming community resources. We as Bahamians are NOT helpless. We can help ourselves and improve our own country.” While attending the Commonwealth Heads of Government in London (April 16-20), Prime Minister Minnis met the Prime Minister of Singapore to discuss deepening relations and enhancing cooperation in areas of mutual interest. Such a meeting could pay dividends for The Bahamas if our prime minister could take a leaf out of tiny Singapore’s history and try to introduce it to The Bahamas. How could a poor, small, stagnant British crown colony be transformed in two years into a Tiger economy with a corrupt free government and civil service? Singapore is noted for having one of the lowest crime rates in the world. Out of a population of 5.1 million only 16 people were murdered in 2011. It is also noted that they have the most competitive economy behind that of Switzerland. We remember the days when the late prime minister Sir Lynden Pindling talked of his ambition to turn The Bahamas into a little Switzerland. As we know he did not even know where to begin — too much corruption was in the air. According to the World Bank, Singapore is the best country in which to do business while The Bahamas ranks 119 among 190 economies for ease of doing business. Singapore also has a disciplined population that follows the rule of law — all thanks to one man, Lee Kuan Yew. In a rule of 31 years, Yew transformed a backward seaport into the most prosperous country in Southeast Asia. But, unlike The Bahamas, he had a secret — he had a disciplined population that preferred work to leisure. Working together their small country has become the envy of the world. What becomes of The Bahamas is up to the Bahamian people - government cannot do it alone.
The maths of tourism EDITOR, The Tribune.
PM that GDP will grow by 2.5%…not because anything the FNM did actually because of what Baha Mar which they did not want to open — The Warwick Hotel and Courtyard. Dah PM if you add 2,300 rooms with double occupancy do you have any idea what the revenue is for three-four days? Baha Mar is estimated conservatively to attract 3-400,000 visitors…do the maths. Cruise Ship visits to
Nassau: this is a disaster except for the vendors on Junkanoo Beach - renters of those ATV’s and Atlantis everyone else getting nothing. If the mega ships are bringing 3-4-6,000 visitors I expect each one to send no less than $100,00, they don’t usually around $70.00…4.5 million cruise visitors so $450m in spend. The problem is 25-30% disembark so that’s only 1.12 million may shop at $100.00 a head that’s a max of $113m not $400m…
that’s the hurt and that’s what tourism and the downtown folks have to change. Dress code for downtown, especially the cruise visitors? Is there one? It seems males and females can walk from Prince George through Bay to Junkanoo Beach in bikini’s and shirtless and pass three-four police and nothing said! Why are we killing ‘Royale’ Bay? W THOMPSON Nassau, April 27, 2018.
Time to stop mashing up our boats EDITOR, The Tribune. WHEN the late Timothy Gibson composed the national anthem, he wanted to capture the essence of this archipelago. He warned us to beware of the wide and treacherous shoal. Our sailors and men could do well to listen to the words as they stand for the anthem and salute at their next “morning colours” flag raising ceremony. Anyone lucky enough to score a tour of the new patrol boats of the Defence Force would be forgiven for being perplexed trying to comprehend how any crew could run them aground. The technology that is crammed into the wheelhouse of these ships will delight computer nerds and impress even those neophytes who are so afraid of innovation that they still can’t set the clock on a microwave oven. How is it then that our sailors keep managing to bump into the ocean floor while supposedly navigating at slow speed? The incident involving HMBS Rolly Gray happened as they were, so to speak, backing out of their own garage at Coral Harbour. The Prime Minister was unwittingly on to something when he in jest scolded the Commodore of the Force for “mashing up our boats”. Either the technology crammed into these vessels
LETTERS letters@tribunemedia.net is inoperative, or our sailors simply don’t know how to use it. Commercial passenger vessels are required to prove the seaworthiness of their ships and the navigational skills and training of the crew. Naval vessels are not regulated by a civilian authority and indeed it is up to the Commodore to ensure the highest standards. Therefore, the PM was in fact speaking to the regulator of standards for the Defence Force, ie the Commodore, when he urged them to brush up on their navigational skills. That fell just short of a direct order. As the Commander-in-Chief of the Defence Force, the Governor General is the only civilian who can issue a direct order to the Commodore, but no military officer wants to upset a Prime Minister. The Commodore would be wise to, in short order, present his line Minister with a plan to improve the navigational skills of all who lead Her Majesty’s Bahamian Ships. Rest assured though that we are not alone. According to the US publication Navy Times, the current generation of officers rising into command-level billets lack
the skills, training, education and experience needed to operate effectively and safely at sea. And that’s Uncle Sam’s Navy! After a string of accidents, the US Navy instituted a pause to study the situation. They found that they had a growing reliance on technology onboard their ships which eroded basic seamanship skills. In our case, it circles back to our failures in the educational system and the dumbing down culture that allows for admission and promotion based on “who you know” rather than on merit and experience. The Prime Minister just became chummy with the Prime Minister of Canada. Perhaps he can ask Justin Trudeau to have the Royal Canadian Navy teach us a thing or two about navigation. Our sailors need to go back into the classroom because on-the-job training is proving too costly for us taxpayers. And if our Canadian friends can navigate the most treacherous ice shoals on the planet, surely, they can help us squeeze past the Coral Harbour breakwater and into open ocean, without scraping the hulls of our ships. THE GRADUATE Nassau, April 29, 2018.
Police praise EDITOR, The Tribune. THE recent announcement that there has been a “downward trending” with murders, declining by 45%, is to be commended. I commend the Minister of National Security the Hnourable Marvin Dames and the Commissioner of Police Mr Anthony Ferguson for this significant step in leading the way in fighting this national demon of criminality.
I also wish to further call on our community to let us embrace this progress by not harbouring criminals or participating in lawlessness. I was privileged to have served the last National Crime Commissioner under the then Minister Orville “Tommy” Turnquest. After a year’s work, I think the Commissioners learnt far more than we were able to affect meaningful change. Crime is a national
phenomenon and we should stop using it for political advancements. We should be tough on crime and tough on the causes of crime. We pray this decline continues. BISHOP SIMEON B HALL Pastor Emeritus and Former Crime Commissioner Nassau, April 31, 2018
THE TRIBUNE
Monday, April 30, 2018, PAGE 5
ONE DEAD, FIVE INJURED IN SHOOTINGS from page one
said to be in serious, but stable condition. In the next incident, shortly before 3am on Sunday, a man was walking on Augusta Street when he was approached by another
man armed with a gun, who shot him before running away. That victim was taken to hospital and was also said to be in serious, but stable condition. Investigations into all three matters are continuing. These incidents came
days after Minister of National Security Marvin Dames announced that crime figures were decreasing, saying law enforcement officials were making inroads into the crime problem. Speaking in the House of Assembly last week,
Mr Dames said that for the first quarter of this year, overall crime figures were “trending downward” with murders on the decline by 45.2 per cent. At the time, he also conceded “there is still a lot of work left to be done” in the crime fight.
Mr Dames also said armed robberies were down by some 31.8 per cent, crimes against the person and property showed a decrease of 14 per cent nationwide and stolen vehicles were down 13 per cent for the period in question.
In addition, he said 102 firearms were removed from the streets, while 3,365 rounds of ammunition were also confiscated. Anyone with information on these crimes is asked to call police at 919, 911, or the Crime Stoppers hotline at 328-TIPS.
Suspect accused of killing business owner By DENISE MAYCOCK Tribune Freeport Reporter dmaycock@tribunemedia.net
A 23-YEAR-OLD New Providence man was charged with murder in Freeport Magistrate’s Court on Friday in connection with the shooting death of a businessman at Port Lucaya Marketplace earlier this year. Cordero Smith, of Youth Street, Nassau, was escorted under heavy police guard to the courthouse where a small crowd had gathered outside. Several police officers with highpowered weapons were on site. Smith appeared before Magistrate Charlton Smith in Court Two. Lawyer Geoffrey Farquharson represented him. It is alleged that on January 6, at Freeport, the accused by means of unlawful harm caused the death of Anthawan Simms. Simms, a well-known person with business interests in Grand Bahama, was shot as he left a restaurant in the late evening hours at the Port Lucaya Marketplace - a favourite hangout for residents and visitors. His death was the third killing in a week on Grand Bahama.
After the murder charge was read, Magistrate Smith informed the accused he was not required to enter a plea to the charge and that the matter would be proceeding by voluntary bill of indictment. Smith was denied bail and remanded to Bahamas Department of Correctional Services in Nassau. He was told that he could apply to the Supreme Court for bail. Mr Farquharson then informed Magistrate Smith his client was in Nassau on January 6 at the time of the offence. “This man (Smith) could not be the person who committed the offence, the police know who is responsible for this, the police know, and the person is riding around here,” he claimed. Magistrate Smith adjourned the matter to July 17. As Smith was being led out the courthouse, several of Simms’ employees were waiting outside to get a glimpse of the accused and one woman shouted insults at him from the crowd. The accused was put in a white unmarked police car and taken back to police headquarters, to await transfer to New Providence.
WOMAN STABBED IN DOMESTIC DISPUTE A DOMESTIC dispute reportedly left a woman in hospital with stab wounds on Friday, police said. The incident occurred at Marshall Road. According to police, officers responded to a domestic complaint shortly after 11am when they discovered a woman with injuries. She was taken to hospital in serious condition, police said. A man is presently in police custody assisting with the investigation.
Meanwhile, officers are investigating an incident of armed robbery that happened early Friday morning. Shortly after midnight police said a man left a bar on Carmichael Road with two men unknown to him, who robbed him of his wallet before getting out of the vehicle on Golden Isles Road and fleeing. The victim was taken to hospital to be treated for injuries he received during the incident and is reportedly in stable condition.
DRUGS FOUND IN ABACO RAID POLICE on Abaco discovered a quantity of drugs in a home on Friday. Shortly after 11pm, police executed a search warrant at a home in a government subdivision and discovered
a plastic bag of suspected marijuana, an electric scale and $200 in cash. A woman occupant of the home was arrested. The investigation continues.
To advertise in The Tribune, contact 502-2394
CORDERO SMITH, of Nassau, was charged with murder in Grand Bahama on Friday.
Photo: Vandyke Hepburn
PAGE 6, Monday, April 30, 2018
THE TRIBUNE
Police units to be merged to tackle business crimes By KHRISNA RUSSELL Deputy Chief Reporter krussell@tribunemedia.net
THE Business Technology and Forfeiture Tracing Units of the Royal Bahamas Police Force will be merged to address increased occurrences of business-related theft, fraud and cyber crime in the country, National Security Minister Marvin Dames has said. Speaking during the CEO Network Conference on Friday, Mr Dames said the RBPF’s aim is to be proactive and focused in identifying individuals and organisations responsible for various kinds of criminal activity. While touting the positive changes in crime figures – a 31.8 per cent drop in armed robberies, the 45.2 per cent decrease in murders and 13.5 per cent decline of stolen vehicles for the first quarter of the year – Mr Dames said more must be done to ensure the results are sustainable. “While the signs remain positive,” he told those gathered at the Melia Nassau Beach Hotel, “I hasten to add that the recent successes are due in part to short-term strategies, but much more work remains to be done. We are, however, encouraged because the decreases and other successes are not occurring by happenstance, but by carefully thought-out and deliberate changes in the way our police force conducts its crime fighting strategies.
MARVIN DAMES, Minister of National Security. “New methodologies and approaches to law enforcement partnerships, intelligence, drug interdiction and gun control will be the key to making us
safer today than we were yesterday. “These units will continue to operate using proactive, focused, sustained and coordinated approaches so
Photo: Terrel W. Carey/Tribune Staff as to identify individuals and organisations responsible for the trafficking of firearms into our country and disrupting their methods of operations.
“In the very near future, we hope to merge our Business Technology and Forfeiture Tracing Sections in the Royal Bahamas Police
Force so as to address the increased reporting of business crimes related to theft and fraud. In addition, the Forfeiture Tracing Sections Unit will poise itself to address the expected increases in credit card fraud, identity theft, ransomware, phishing attacks and data loss, all of which are expected to become more common in the future due to cyber activity.” Realising a gap in certain areas, he said local law enforcement will not continue to allow a small group of misguided individuals to cause havoc. “We have sounded the clarion call to all within hearing distance that we represent the good people of this nation. No longer will we stand by and allow a small group of misguided individuals to reap havoc. “We will find those persons and hold them accountable for their actions. There will be no hiding place or no go to zones for those hell bent on living a life of crime. The issue of safety and security is robust and will fluctuate as new trends emerge to destabilise current efforts. As such, yes, we are safer today than we were yesterday, but the threats of tomorrow are different,” Mr Dames said. In recent months, several people have been charged in court in connection with stealing tens of thousands of dollars from their respective employers.
‘SLAPPING VIDEO’: POLICE INVESTIGATE from page one
has the remit for investigation of our discipline,” he said. “As soon as the deputy has completed his investigation he shall advise me.” The commissioner was also asked his perspective of the survey results which showed that Bahamians believe police officers are more corrupt than any other public institution. The survey, called the
first of its kind in the Bahamas, was conducted by marketing and research firm Public Domain between October 4 and October 17, 2017. One thousand Bahamians were surveyed by telephone, including people in New Providence, Grand Bahama and the Family Islands. Of the institutions and groups identified, 28 percent of Bahamians said most or all police officers are corrupt. Thirteen percent of
respondents said they have given a bribe to a police officer before. While Commissioner Ferguson admitted there is “no room for corruption” in the police force, he also maintained the RBPF can discipline officers internally. “As I indicated (on Thursday), it is difficult to respond to perception or opinion of persons. I don’t knock people’s perceptions or opinions,” he said. “But as I indicated I do recognise there are issues
in the (RBPF) as there are issues in other areas of society. “I will deal with my own door step. And we have the capacity to deal with things that affect our organisation. The (RBPF) for many years is the single unit or agency in the Commonwealth of The Bahamas that was always dealing with its own. “And they will continue to do that, because we have a very important part to play, a task in society. So there’s no room for corruption. So the integrity of the organisation has to be maintained at all times. “It’s bigger than any one person. And so where we find that persons are afoul of the law, we shall deal with them.”
Last month, National Security Minister Marvin Dames told The Tribune that under the last Free National Movement government, a committee was put in place to review complaints against officers, “to ensure that there was balance in investigations by police.” Mr Dames said it happened while he was deputy commissioner of police with responsibility for discipline. He added the committee was “abandoned” under the Christie administration. However, he promised the Minnis administration would see to its return. “We have every intention of bringing that back very shortly, to ensure that there is balance,” Mr Dames said.
“And we will look even further to see what else that we can do to ensure that the public has confidence that these investigations have been conducted with the highest level of impartiality and fairness. “But as I said before, wherever there are complaints of police brutality, there are avenues whereby people can go and find recourse. There has always been.” When asked about Mr Dames’ comments, Commissioner Ferguson noted the minister was speaking from a “national level.” “That is something I think you should stay in the zone with the minister talking about. That’s different from me,” haid.
MONDAY, APRIL 30, 2018
THE STORIES BEHIND THE NEWS
The hate-driven society By FREDERICK SMITH QC
MY more than 41 years of human rights work has led me to the conclusion there is a single underlying force which disproportionately influences the various attitudes, opinions and presumptions which make up the modern Bahamian psyche. Though in outward appearance its manifestations are diverse, this undercurrent can be encapsulated in a single word: hatred. This may seem hugely ironic for a country celebrated as a welcoming paradise for more than five million visitors a year. But while Bahamians can certainly be extremely friendly and engaging on the surface, there is always an underlying sentiment of mistrust, hostility and ill-will towards others who are considered in some way different or alien, often manifesting itself far away from the tourism limelight as a visceral drive towards discrimination and a frightening tendency to ignore or excuse human rights abuses. The even greater irony is in this predominantly black nation, the most racist, oppressive and abusive forms of discrimination are reserved for other blacks, in particular those from Haiti – which, instead of being celebrated for first raising the torch of freedom and human dignity in the Americas, is looked down upon, shunned and rejected. Indeed, Bahamians refuse to even acknowledge that most of the black population of this country originally came from Haiti. Like the immigrant populations of the late 19th and early 20th century in North America, the first waves of migrants effaced their ethnic or national origins in an effort to integrate and be accepted, to our great collective cultural loss.
THE ROOTS OF HATRED
Discrimination has been an ubiquitous construct of the Bahamian psyche for a very long time. Historically used as a tool of control by colonial masters, it was adopted by the succeeding power structure to pit voting landowners against the unpropertied and disenfranchised for hundreds of years; the white oligarchy against blacks until the 50s; men against women, who could not vote until the 60s and are still constitutionally second class citizens; the ‘Bahamianisation’ movement against whites and foreigners in the 70s (epitomised by the “bend or break” destruction of Freeport); ‘real’ Bahamians against Haitians or other “paper” Bahamians; ; and everyone, especially the religious lobby against LGBTQ community. Throughout the 80s, discrimination was also practiced according to financial power – those who have against those who have not. The poor were punished for their existence through unfair treatment by banks, mortgage lenders, insurance companies and the judicial system. Even politics in The Bahamas is a tribal, discriminatory and often violent affair, with job opportunities, access to capital and benefits granted or withheld according to political allegiance. Our current political class, to suit their own purposes and without heed to the future, have continued to whip up discriminatory and racist sentiment, stoke anti-foreign feeling and foster a distrust of difference. The exceptions can be counted on one hand: Sir Etienne Dupuch, Sir Cecil Wallace Whitfield,
Historically, The Bahamas has been a melting pot of races, cultures and nationalities merging over hundreds of years. None of us are the original inhabitants of these islands and any claim by one group to be more authentically Bahamian than anyone else is demonstrably false. Our current mythology of hate was born out of the nationalistic fervour surrounding independence. In the space of only four decades, Bahamians succumbed to a collective amnesia that was encouraged by the PLP’s ‘divide and conquer’ approach to gaining political power. Politicians erased the past and all memory of what was – for all its many profound faults – the far more pluralistic and open society that came before. Now, the political class has lost control of the monster it created and leaders are learning to their dismay they can’t simply flip a switch and diffuse the darkness. Because of gender-based discrimination, both major parties have lost referenda in recent years – as well as the national election that followed.
A DIFFERENT WAY
former Prime Minister Hubert Ingraham.
THE SCOURGE OF IMMIGRATION
standard of the “normal Bahamian” is routinely harassed, intimiFor the last 65 years, dated and stigmatised. This hateful, abusive, arbitrary includes those who idenimmigration policies that tify as LGBTQ, those who seem almost designed to suffer from drug addictions encourage corruption and or alcoholism, those born exploitation have contin- with physical and mental ued to be used as a tool of disabilities; those who have oppression and control. contracted contagious disJamaicans, Cubans and eases like HIV. Haitians have been harLikewise, “born” Bahaassed, intimidated, beaten, mians look down upon brutalised, shot in the “paper” Bahamians who streets and subjected to a applied for and were host of human rights viola- granted citizenship after tions. They have suffered birth. Black and white illegal detentions, sweeps, Bahamians discriminate raids, roadblocks and against each other and checks. Their homes have been bulldozed or burnt both look down upon to the ground and all their “red” people. Nassuvipossessions destroyed. ans look upon those from Freeport and the Their children have Family Islands been banned with distain; from schools. FNMs They cannot hate We cannot open bank PLPs accounts, expect positive, and qualify constructive energy vice for to flow from a insurance or populace steeped even in negative, abusive, apply versa; xenophobic and for a and marriage myopic political those certifipropaganda. who cate, driver’s achieve any licence or birth measure of certificate. They economic success cannot benefit from scholarships or represent are punished mercilessly their country internation- – Bahamians even have a ally at sporting or cultural name for this: “the Black Crab Syndrome”. events. As a result, uncertainty, anxiety and fear have spread throughout the expat community and now affect even the more “acceptable” foreign invesWhile hatred as a princitors and work permit holders. This, in turn, has ple had long existed in this promoted a mercenary atti- society, it was really systude based on transience tematised into a strategy and opportunism. Instead and set of specific tactics of encouraging foreign- by the Pindling revolution. ers to view themselves as The ordeal suffered by economic assets and con- Darcy Ryan, for examtributing members of the ple, was the test case for community and put down thousands of ‘Belongers” roots with a stake in making under the Constitution The Bahamas a success, we after independence, and for have caused them to seek the continuing oppressive to grab as much as they behaviour of the Departcan for themselves for as ment of Immigration. Ryan long as they are allowed to refused to fall in line with stay. Ironically we encour- the new regime and so age millions to come to The hatred was ‘weaponised’ Bahamas to visit and invest, and deployed to justify his but we resist emigration to expulsion from the country. our shores. Thereafter, Pindling and his cohorts, particularly his racist neophyte acolyte, Fred Mitchell in The Herald, never missed an opportunity to stoke the Anyone perceived as fall- fires of racial antagonism ing short of the mythological and encouraged political tribalism and hatred of the
THE PLP AND THE IDEOLOGY OF HATE
THE SIN OF BEING DIFFERENT
Anyone perceived as falling short of the mythological standard of the “normal Bahamian” is routinely harassed, intimidated and stigmatised. This includes those who identify as LGBTQ, those who suffer from drug addictions or alcoholism, those born with physical and mental disabilities; those who have contracted contagious diseases like HIV. “enemy” – whoever that might be – at every turn. In more recent incarnations, the PLP have remained faithful to, and in some cases upgraded and intensified the ideology of hate. Fred Mitchell’s last stint as Minister of Immigration will long be remembered as a dark and ominous time characterised by heightened xenophobia, institutional racism and ethnic cleansing. Mitchell’s wrath knew no bounds and he was not selective in his targets – the children of Haitian migrants, second home owners like Canadian Bruno Rufa and American Louis Bacon, foreign investors like Sarkis Izmirlian, even Bahamians such as myself, Joseph Darville and Rev. CB Moss. A confirmed enemy of freedom of speech, he relentlessly hurled hateful and savage vitriol at journalists who did not agree with him such as Nassau Guardian managing editor Candia Dames and Tribune publisher Eileen Carron. The PLP stood by in silence as thousands of aggressive men, at the bidding of Peter Nygard, wearing Klu Klux Klan hoods and brandishing burning crosses took over our streets and public squares to hurl abuse, bile and xenophobic venom at innocent people who could not defend themselves. Meanwhile, former Minister of Education Jerome Fitzgerald sought to stir up nationalistic hatred against Save The Bays, a small group of environmental activists who dared to challenge a foreign investor, Nygard, with close ties to the PLP. Hatred is embedded in the genetic make-up of the PLP. The path that our first political party has propelled the Bahamas down is dark and divisive, punctuated by ethnic strife, intimidation
and victimisation.
“THE PEOPLE’S TIME” While in opposition, the FNM stood idly by as Mitchell and Fitzgerald sought to sacrifice their enemies on the altar of hate. The party of “the people” even aided and abetted in the PLP’s crimes, not a single one of them voting against draconian amendments to the Immigration Act in 2015. Now in office, the FNM has continued many of the predatory, hate-filled polities of their predecessors. Indeed, when it comes to immigration, they may have made things even worse. The announcement of Prime Minister Minnis’ purge of Haitian people was an enormous victory for purveyors of ethnic strife such as Fred Mitchell. Despite their claims of being better, the FNM too has pandered to the lynch mob, played the race card, the discrimination card, the elitist card to gain and maintain their grip on power.
DECONSTRUCTING THE MYTH The impulse to exclude or remove those who are considered outsiders or aliens so as to “purify” your own community is as old as history. It is usually based on a fantasy of return to some previous ethnically or culturally “pure” state that never really existed in the first place. All modern forms of racism have their root in this myth – Nazi atrocities and other shocking events are only extreme examples of a very widespread human tendency.
We cannot expect positive, constructive energy to flow from a populace steeped in negative, abusive, xenophobic and myopic political propaganda. Simply put, negative energy breeds negative results. I therefore urge us to become more positive as a nation. To be culturally curious and socially open and accepting. Bahamians must find a way let go of the fundamental insecurity that is at the root of all forms of hatred and division, and accept we are now part of a Global Village of ideas and economic activity. Both parties give up this political obsession to control of every minutiae of our lives. Adopt a far more liberal immigration and investment model. We should welcome and create opportunities for new blood and new arrivals, encouraging the kind of cultural effervescence and economic resilience that can be found in places like Canada or the Scandinavian nations today. We could thereby increase the tax base and revenues for the government while promoting diversity and revolutionising local entertainment, culture, arts. If we welcomed rather than stigmatised wealthy investors and second homeowners, they would want to contribute to the Bahamian project. They might donate, for instance, to a medical ward, create vocational training branches at the University of The Bahamas, donate libraries, establish foundations, promote local culture and arts to the world. Likewise, if we embrace the uniqueness of each and every Bahamian, view differences between us as invaluable assets instead of liabilities, we could build a far more resourceful, dynamic society; one that is far better equipped to take advantage of the plethora of opportunities that the 21st century is bound to throw up. The Bahamas could effervesce in the resultant bounty. Opportunities for citizens would be legion and we would be able to approach the future with the confidence and maturity of a society that has freed itself from the shackles of mistrust and superstition. All we have to do is let go of the hate.
PAGE 8 MONDAY, APRIL 30, 2018
INSIGHT
EMAIL: insight@tribunemedia.net
An incurable case of foot-in-mouth disease By MALCOLM STRACHAN THERE is seemingly no end to the embarrassing statements that leave the prime minister’s mouth. Although during his tenure as Opposition leader there was no shortage of strange utterances from Dr Minnis, in his capacity as prime minister he has seemed to up the ante on the big stage now that he has a megaphone that reaches out to the rest of the world. Quite a scary place we find ourselves. During his travels to the Summit of the Americas meeting in Lima, Peru, and the Commonwealth Heads of Government meeting in London, England, a few weeks ago, the prime minister took it upon himself to quantify the level of corruption in the country – stating it was costing us up to $200m a year in GDP losses. Many here at home were confused and embarrassed by what the prime minister - whose job is to be our primary cheerleader and make The Bahamas look attractive to the rest of the world - would take the opportunity to do just the opposite. Charging that his government would put an end to corruption in the country, the prime minister said: “Corruption itself accounts for about five to ten percent of loss of GDP revenue… You’re talking about over $200m possibly lost in the Bahamian populace as a result of corruption. It is a form of taxation on the poor to benefit a few. So it is an illegal taxation on the poor to benefit the few and it is something that has to be stopped.” As if that was not confusing enough, upon his return to The Bahamas, the prime minister held a press conference at Lynden Pindling International and was asked about the corruption figures he publicised in Peru. There was no retraction on his part. Rather, he upped the alleged figure stating that by his calculations, taking five percent of the country’s $10 billion GDP, the country actually loses $500m.
PRIME Minister Dr Hubert Minnis at the VIII Summit of the Americas at the Lima Convention Convention Centre in Lima, Peru. Thank God we are a Christian nation (as he said) and that the prime minister elected not to be the Minister of Finance. Perhaps the prime minister confused corruption with another c-word – crime. A recent IMF study revealed that crime costs The Bahamas roughly five percent a year. Somehow, we feel there is a very strong chance the prime minister stuck his foot in his mouth again when a microphone was pushed in his face, and now he refuses to walk back on his statements. Despite The Bahamas
being recognised as one of the least corrupt jurisdictions in the region by multiple credible sources,
knowledge on the subject took no time in debunking the prime minister’s alarming statements. While
Despite The Bahamas being recognised as one of the least corrupt jurisdictions in the region by multiple credible sources, the prime minister figured the experts had it wrong. Those here on the ground at home with more knowledge on the subject took no time in debunking the prime minister’s alarming statements. the prime minister figured the experts had it wrong. Those here on the ground at home with more
we know we have our fair share of corruption, the issue that many had was the time and place he chose
to have a come-to-Jesus epiphany could not be more inappropriate. Additionally, the numbers the prime minister gave were incredibly questionable. Interestingly, one of the most lethal blows to the prime minister’s argument on the nation’s corruption came from a former Cabinet colleague. Former Minister of State for Finance Zhivargo Laing said on his Guardian radio show that corruption, in fact, does not cause a country to lose money. Rather, it recirculates the money into the country. Though the methods by which it is done are through corrupt practices, the movement of the money does not negatively affect the country’s GDP, as the prime minister would have inaccurately indicated. Furthermore, the Department of Statistics has also come out and said there is no way to measure losses caused by corruption. Now, if a department under the government is unable to corroborate what the prime minister is asserting, we are only left to wonder - where was he getting these numbers from? The current government rode the wave of accusing the former government of corruption all the way into high office. No doubt, the previous government had its fair share of bad apples, but the prime minister has a long way to go before all of his talking matches up with his actions in his government’s fight against corruption. At this time, there have been no major convictions, snail’s paced movement on enacting Freedom of Information Act legislation, Integrity Commissions bill and the Proceeds of Crime bill – granted the latter are recent drafts. Moreover, even with the government giving itself “greater teeth” to battle corruption, enforcement is even more important as the public perception of corruption in the country highlights the police force as the most corrupt organisation in the land. Maybe equally as important is having a prime minister who understands what he’s fighting for in theory and in practice if he wants to be seen as a man who knows what he’s talking about. Making inaccurate public assertions is
Photo: Yontalay Bowe perhaps one of the greatest ways to lose credibility, particularly if this is what he wants to be remembered for – a hard-nosed prime minister who rid The Bahamas of corruption – all $500m worth of it. Sadly, it has become so commonplace for the prime minister to blurt out absolute buffoonery. Worse, the way he is continuously given a pass by some in the populace to continue to utter nonsense is much scarier. The standard has been set at an all-time low for what Bahamians expect out of leadership. If former prime minister Perry Christie did a lot to harm how Bahamians view the seat of prime minister in the country, what Minnis is doing is overkill. Disappointment looms far and wide as he continues not to live up to what many had hoped – a saving grace for a country in desperate need of new, fresh leadership. Constantly his own worst enemy, the prime minister entrapped himself in more triviality when soundbites from his live feed at the Freedom of Information workshop went viral this past week. While he is consistently seeming uncomfortable and trying hard to fit into a suit that simply is not worn by him well, the prime minister made a joke with the Defence Force Commodore Tellis Bethel that, if said in private, would have been viewed as cultural banter. However, because the prime minister constantly struggles with what to say and when to say it, something that some view as minor, is indicative of something far greater – his inability to understand what is expected of him as a leader. His job should already be challenging enough without his constant unnecessary media blunders. While many in the electorate look on with shaking heads saying, “I told you so”, there are those of us who hoped that with the right public relations and coaching, he would be made into a prime minister. While there is still time for that to happen, the process of watching him transition from the proverbial caterpillar to a butterfly can be excruciating to watch at times.
EMAIL: insight@tribunemedia.net
INSIGHT
MONDAY, APRIL 30, 2018 PAGE 9
Welcome Prince Charles by Royal wish and better sense F
OR two and half years since Commonwealth Heads of Government met in Malta in 2015, the British Government had been anxious to ensure Prince Charles should succeed his mother, Queen Elizabeth II, as Head of the Commonwealth of Nations. Indeed, lobbying for agreement on such a succession was already in play before and during the Malta meeting, particularly as there had been rumblings in some Commonwealth countries that the headship should be rotated, and not remain a relic of the colonial past. The succession is important to the British government for many reasons, not least that should Britain lose the Commonwealth headship it would be a blow to their standing internationally. Over the past two years, the issue became even more urgent for the British government as it touted the Commonwealth as a viable trade alternative to the European Union which a majority of its electorate chose, at a referendum, to leave. Egg would have been all over the face of the government if the very group of countries it claims is the trade alternative to Europe QUEEN Elizabeth II and Prince Charles at the Royal Albert Hall. Prince chose not to retain the Brit- Charles is to succeed his mother as head of the Commonwealth. ish monarch as head of the Commonwealth. For all these reasons, the British conservative government pulled out all the stops it could to ensure that Britain had every possible influence over the selection of The Queen’s successor as By SIR RONALD SANDERS Commonwealth head. Pulling out the stops included ensuring, by every possible become a Republic. From passion and she advocated means, that a member of that moment, the Com- it strongly, carrying along the British House of Lords monwealth was no longer many British governments became the Secretary-Gen- “British”, but a free asso- that, at times, regarded it eral of the Organisation’s ciation of independent as a nuisance. UndoubtSecretariat and that the states that accepted the edly, successive British British government took guideline that the King (of governments, Labour and over, from the Secretariat, Great Britain) would be the Conservative, would have the management of the symbol of their association, liked to be shed of the Heads of Government and, “as such the Head of Commonwealth when Afrimeeting held in London on the Commonwealth”. can, Asian and Caribbean April 19 and 20. Three years later, when governments insisted on As it turned out, the the Queen unexpectedly one-man, one vote; the end British government suc- succeeded her father at his of a minority racist governceeded in their quest, untimely death, she seam- ment in Southern Rhodesia; having twisted and turned lessly assumed the role and the creation of an indearms where they had to, of Head of the Common- pendent Zimbabwe. There wining and were similar moments in the wealth, dining some ‘He has demonstrated fight to end Apartheid in even leaders, Africa. though the right instincts on there was South and doing To be fair to Prince deals with matters important no rule of Charles, he never had a others that to Commonwealth chance to prove his own hereditary mattered. entitlement. It commitment to the Comcountries such as On because it is a role she monwealth April 20, curbing climate has fulfilled was so large a part of the after being change, ending racism for 66 of Queen’s domain. But, he lavishly the modern has demonstrated the right and improving the engaged instincts on matters imporCommonby the lot of disadvantaged wealth’s 69 tant to Commonwealth British gov- communities.’ years. She countries such as curbing ernment, had made climate change, ending including a commit- racism and improving the by appearances of lead- ment to the Commonwealth lot of disadvantaged coming members of the Royal on her 21st birthday when munities. He deserves a family, Commonwealth she declared: “If we all go fair chance to continue his Heads of Government forward together with an Mother’s role of championmade the following decla- unwavering faith, a high ing the Commonwealth. ration from Her Majesty’s, courage, and a quiet heart, The bonus for CommonWindsor Castle: “We recog- we shall be able to make of wealth governments is that nise the role of The Queen this ancient commonwealth, they get the headship for in championing the which we all love so dearly, free, along with the other Commonwealth and its an even grander thing facilities that the Royal peoples. The next Head of - more free, more prosper- family has made available, the Commonwealth shall ous, more happy and a more including Marlborough be His Royal Highness powerful influence for good House, the headquarters Prince Charles, The Prince in the world”. of the Commonwealth of Wales.” She has certainly lived- Secretariat. Rotating the This declaration, trailed up to that declaration. Her headship would have meant the Queen’s publicly devotion to the Common- paying for the post, proexpressed wish at the Open- wealth and its affairs, even viding a suitable office and ing of the Heads’ Meeting, to the point of defying the home, staff, international “that one day the Prince of advice of British Prime Min- travel, security and countWales should carry on the isters in support of wider less other amenities that important work started by Commonwealth positions, now come with no invoice my father in 1949”. is well-known and greatly from the British Royal In reality, the Head of respected. During her reign, family. the Commonwealth has no the Queen has undertaken While the British Royal functional role in the Com- more than 200 visits to family heads the Commonwealth organisation but Commonwealth countries monwealth, Britain has to it is very doubtful that the and visited every coun- remain part of the commodern Commonwealth try of the Commonwealth pany and to stand-up for would have survived had it (with the exception of Cam- its causes and its people, not been for the personal eroon, which joined in 1995 including, as we saw role of the Queen. She has and Rwanda which joined recently, the “Windrush” been the glue that kept the in 2009) as well as making generation in Britain whose group in existence. Some many repeat visits. She has rights, otherwise, might background to this asser- brought star quality to the have been discarded. tion is necessary for those Commonwealth and, by her • Responses and previwho have not been students association, given it global ous commentaries: www. of the Commonwealth or recognition and regard. sirronaldsanders.com. participants in its activities. If nothing else, CommonIn her long reign, the wealth countries owed her The writer is Antigua and Queen has played a the fulfilment of her wish Barbuda’s Ambassador to dynamic and crucial role that Prince Charles should the United States and the in the now 53-nation Com- succeed her as the Com- OAS. He is also a Senior monwealth. The former monwealth’s head. How he Fellow at the Institute of ‘British’ Commonwealth will perform in the role is Commonwealth Studies at became simply “The Com- left to be seen. It is largely the University of London monwealth” in 1949 when ceremonial, and that part and at Massey College in the India decided to discard will be easy. But, his mother University of Toronto. The Dominion status and made the Commonwealth a views expressed are his own.
World View
PAGE 10 MONDAY, APRIL 30, 2018
INSIGHT
EMAIL: insight@tribunemedia.net
The growing problem of junk food and obesity T
HERE were many joys and much sadness during my recent trip around Vietnam and Cambodia. The sadness was, of course, the horror of experiencing the Vietnam War and Pol Pot regime at close range through oral history and visits to many challenging places. But there was another unexpected sadness that emerged. It was a lovely time to be in Vietnam amid all the celebrations leading up to Chinese New Year. The roads and parks were packed with families buying flowers, going to myriad street festivals, hanging lights. But what I
Bahamian athletes taking part in the Commonwealth Games in Australia earlier this month represented - like their fellow competitors - the best of their nation. Amid the training and the competition few would have had time to sit and read a newspaper. If they had, in the columns of The Australian they would have found an article by writer Ruth Ostrow which would have rung many bells. Ruth wrote about the problems of child obesity and its growing impact on developing nations. As Health Minister Duane Sands embarks on a crusade to change Bahamian diets - through education and changing the price of bread basket items - Ruth’s article is worth reading just to know we aren’t alone with obesity crisis The Bahamas faces and how other nations are sharing our experience. noticed shocked me. Many of the children were either obese or fast getting there. I would say 30 percent of
the children I saw in Ho Chi Minh City at various events were chubby bubbies. They were being led
around by parents who had the more traditional Vietnamese fame, lithe and often petite, due to the consumption of rice, light noodles, fresh vegetables, fruit, some meat and fish. The food in Vietnam is to die for: healthy, yummy and abundant. But the children made me want to cry. They were so beautifully dressed and so proud of themselves showing me their costumes, parading around for my photos and unaware of what we know to be their fate.
I noticed the same in China when I was there a few years ago, especially in the large shopping complexes catering for the new middle-classes. Parents proudly showed off their well-dressed but noticeably well-fed kids, travelling up and down elevators A recent report claims China has the world’s biggest population of obese children and is second only to the US in the number of obese adults. According to the World Health Organisation, rapid economic growth in many developing countries has contributed to dietary and lifestyle changes including the switch to processed or junk food, and increased sedentary behaviour with the influx of mobile devices keeping bums on chairs. WHO believes that with the growing availability of fatty, sugary foods and beverages in low-to-middle income countries, 41 million children aged five and under are overweight or obese, which is set to almost double over the next decade.
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And Asia is now home to nearly half of those overweight children, accounting for 75 percent of cases when combined with Africa, WHO claimed in a a 2016 report. Another report on Vietnam claims one in ten young children are already overweight or obese and one in five have high levels of abdominal fat. It’s clear that the obesity epidemic is spreading with westernisation and despite pressure to get governments to tax junk foods or dissuade consumption, it seems - from what I observed - that the parents also need to stop being so permissive. Which is pretty much the point I want to make. Here in Australia, recently, a mother was shamed for sending her daughter to school with what looked to me like a light, healthy lunch. She posted on parenting website Mumsnet that she had been accused, by a friend, of “starving” her child, event though the child was happy enough with her healthy daily meals. Heated responses followed. It’s beyond me why such a discussion would ever occur except for the fact that a lot of parents still believe that “nourishing” children amounts to over-feeding them. And “spoiling” is that special night at McDonald’s or lolly treats. On a positive note, many schools and kindergartens are encouraging parents to pack health food options like the “nude food” movement: fresh fruit, veggies and nutritious snacks in eco-friendly packaging. Which itself caused controversy when a mother sent a chocolate slice with her child to kindergarten and was told by note to re-evaluate her food options. A lot of people supported the mother. I can understand why. Food fascism annoys me too. But the obesity epidemic is spreading around the world and kids have to be “immunised” by their parents against carrying and consuming excessive sugar to prevent other kids around them catching food envy. Seems neighbouring countries need protecting too. In our region we need to lead by example. Otherwise the consequences are too sad to watch.
THE TRIBUNE
Monday, April 30, 2018, PAGE 11
from page one
software) in people’s homes.” The Free National Movement’s advancement of the ICB comes a little more than a year after using a draft by the Christie administration as a weapon against the Progressive Liberal Party in their general election campaign. Last week in the House of Assembly during debate on the bill, PLP MPs laughed when National Security Minister Marvin Dames said people should stop calling the bill a “Spy Bill”, a characterisation the FNM embraced last year. Opposition Leader Philip “Brave” Davis said the party will not vote for the bill in its current form. Unlike the original bill tabled in early 2017, he said, the current bill contains provisions from the Listening Devices Act, the 1972 law the PLP wanted to replace and rectify by its interception bill. The provisions of the LDA empowers the minister of national security to allow authorised people to use a listening device for no more than 30 days. The provisions also involve the attorney general in the authorisation of a listening device, mandating that she or he consult with the commissioner of police before a communication can be intercepted. Such involvement of politicians, Mr Davis argued, goes against the intent of the original bill drafted by the Christie administration which sought to remove this power and put the Supreme Court in charge of authorising interceptions of communication.
Bethel: ‘Spy Bill’ not set in stone However, this new bill he said would only apply in circumstances where there are serious offences like murder, terrorism, cybercrime, and drug trafficking, among other things. He further responded to Progressive Liberal Party Leader Philip “Brave” Davis’ argument that the ICB still leaves too much power in the hands of politicians. He was adamant last week at Parliament that the bill under the former government placed the power of issuing an interception order in the hands of judges. Mr Bethel said concerns about the Listening Devices Act’s provision inclusion in the new bill also will be addressed. “The issue of political consent is the exact issue in respect of which Cabinet will be asked to form a view. The alternative could be a judge or a stipendiary and circuit magistrate,” Mr Bethel said. Rights Bahamas has also taken issue with the bill facilitating authorities being able to issue an interception warrant on what they called “broad”, “amorphous and ill-defined grounds”. This, the group said, will give way to corruption and abuse of power. Asked about this, Mr Bethel said: “Yes, there is a possibility. The issue of judicial oversight is broadly accepted in the bill. The concern was overloading the courts with listening devices applications. Those aspects of the bill before Parliament relating to communications, data collection
ATTORNEY General Carl Bethel. and entry warrants are much more intrusive to the citizen and clearly demand judicial oversight from the very beginning. “There is judicial oversight. From the very beginning, no interception warrant can be obtained without independent oversight.” Yesterday, Rights Bahamas called on the government to permanently shelve the “invasive and oppressive Spy Bill”. If passed, Rights Bahamas said the legislation would give way to clandestine spy agencies invading
READERS REACT TO MINNIS PLAN AFTER Prime Minister Dr Hubert Minnis tabled the Over-the-Hill White Paper 2018, unveiling his administration’s proposed plans for impoverished communities, readers had their say on the issue on tribune242.com. Seamphony backed the Prime Minister: “I like his ideas! It sounds like he does not see the betterment of life for these people as an EXPENSE but a long overdue INVESTMENT in the communities. Best wishes PM!” Only for Joeblow to reply with this: “Throwing money at problems never solves them. This country has perfected that art for many years and look at what it has gotten us! You can only help people who want to receive it. In a culture of entitlements there has to be change. Without it, nothing substantial can ever be accomplished!” Then Seamphony responded: “We agree that the culture is what it is as you described. I blame the poor/rich divide that got wider and wider over the years for it. I support this plan because mainly personally for me it’s the morally right thing to do and professionally social science case studies are always exciting.” DDK asked: “I do believe the PM means well, but how large an area does ‘overthe-hill’ comprise these days? Will the folks benefitting from this magnanimous plan find themselves in a better position to support concerns ‘under-the-hill’?” Proudloudandfnm wondered: “So how does this help Freeport? Or Mayaguana? Or any of the other islands that desperately need help? Any word yet on the sale of Our Lucaya?” BigD1 started with a definition: “Gentrification: The process of renovating and improving a house or district so that it conforms to middle-class taste. ‘An area undergoing rapid gentrification’. I am all for this. It works, do your research. New York
is a prime example.” Gavin Watchorn, chief executive of BISX-listed AML Foods, told Tribune Business it will be “a slap in the face” to Bahamian businesses if the nation now modernises its economy for the benefit of foreign rivals and the WTO. Observer2 said: “No need to worry about Home Depot, Walmart or Costco coming to the Bahamas. Our market is just too small, our barriers to free trade much too high, the Arawak Port monopoly with its predatory fees, our backwards banking system, slow legal system and xenophobic business community/ politicians, poorly educated work force and impossibly high electricity costs is enough to deter these world class companies from coming to The Bahamas.” There was this from TheMadHatter: “I agree the WTO sucks - but it seems we have to choose between our capital being Port au Prince or Geneva, and out of those two horrible options I choose Geneva.” And Porcupine had this to say: “Mr Watchorn brought up two important points: ‘There was a clear expression from the room that retailers don’t really see any benefits for the retail industry from joining the WTO’ – So, why is it being rammed down our throats? Isn’t this a democratic decision that should be made here, by the people? Two, why can’t we improve on the things regarding ease of doing business for Bahamians? Why do we have to wait for foreigners to demand it, instead of us doing it for ourselves? Mr Watchorn has some valid points.” • Don’t miss your chance to join the debate on tribune242.com.
the privacy of citizens. The organisation said adequate laws already exist to achieve continued crime fighting measures. “We also remind the FNM that their predecessors tried to bring a similar bill, only to be halted in their tracks by vocal opposition from NGOs and human rights organisations, who rightly saw the powers afforded by the bill as unconstitutional,” Rights Bahamas said in a press statement. “Without in any way compromising on our total rejection to the bill as a whole, Rights Bahamas
must register its particular alarm over the fact that although the FNM had promised to remove some of the most egregious provisions in the legislation, no new draft has been circulated for public consultation. “The most terrifying powers granted by the bill – which we must assume still stand – include: the ability for the authorities to be issued an interception warrant on such amorphous and ill-defined grounds as suspicion of threats to ‘public order,’ ‘public morality’ and ‘public health’. These terms are so broad as to be utterly
meaningless and therefore sufficiently pliable to fit virtually any meaning a government might choose. “This is the perfect recipe for corruption and abuse; in no time at all, politicians of all stripes would be using these provisions to spy on their political rivals and intimidate civil society into silence. “Additionally, the bill would allow the authorities to go into any Bahamian home or office to, for example, intercept an arriving letter. They would also be allowed to install interception devices (ie spy
PAGE 12, Monday, April 30, 2018
THE TRIBUNE
ALUMNI GATHER FOR OXFORD AND CAMBRIDGE DUEL A SMALL group of members of the Cambridge Oxford Alumni Association in The Bahamas congregated at the Cricket Club in Nassau last month to watch live on its large TV screen the annual Boat Race on the River Thames in London between these two famous universities. The Boat Race is an historic event in Britain’s sporting calendar and attracts enormous public interest. Both the men’s
and ladies’ races. as always hotly contested, were won this year by Cambridge. Dr Peter Maynard, a well-known attorney and President of the Alumni Association, told The Tribune that it already enjoyed a healthy membership but was always seeking new alumni living in The Bahamas who might be interested in attending its occasional gatherings during the course of the year. He invited potential
new members to call him at his office on 325 5335. The group pictured together at the Cricket Club in the photo are from left to right: Paul Farquharson, former Commissioner of Police and Bahamian High Commissioner in London, Peter Young, former British High Commissioner to The Bahamas, attorney Peter Maynard and retired lawyer Brendan Lynch. All are graduates of Cambridge University.
Call for independent body to oversee Over-the-Hill initiative By KHRISNA RUSSELL Deputy Chief Reporter krussell@tribunemedia.net PROGRESSIVE Liberal Party Leader Philip “Brave” Davis wants an independent commission to be appointed to oversee the administration of the government’s Overthe-Hill Development Partnership Initiative, citing fears there could be “discrimination” concerning the programme’s concessions. As he called the plan “over ambitious,” the Cat Island, Rum Cay and San Salvador MP further questioned whether the initiative’s cost benchmark has moved. In December, officials reported that $5m would be reserved in each budget to assist the government in achieving these goals. Former PLP Chairman Bradley Roberts further criticised the government, calling the initiative a plan to “gentrify” Over-the-Hill and have the public pay for it. Mr Roberts alleged it was a scheme for persons to snatch up valuable innercity land for pennies and rebuild new communities that their group will own and control with rents. The poor will be summarily displaced wholesale, he claimed. “First of all, any initiative to uplift the inner-city community is welcomed by the PLP,” Mr Davis said when The Tribune contacted him yesterday. “But the concern I have is the execution and implementation of the programme and I trust that it would not be discriminatory in any form. “Whenever a white paper comes out there would be changes down the road,
OPPOSITION leader Philip ‘Brave’ Davis. but hopefully after further consultations on the issue it would remove any vestiges of discrimination. Forming an independent commission or some mechanism to ensure it is transparent, accountable and fair across the board should be implemented. “The spectre of discrimination arises because they are excluding certain types of businesses
from benefitting which in of itself speaks to the fact that it could be discriminatory going forward. Whereas I appreciate that they may have some views on the kinds of businesses that they are excluding, but there might be a better way of dealing with as opposed of discriminating.” He was referring to a proposed arm in the white
paper where gaming houses and businesses deriving proceeds from alcohol sales will be exempt from the benefits of the empowerment zone. Prime Minister Dr Hubert Minnis said the Over-the-Hill area will become the first empowerment zone in The Bahamas and explained this concept as one known throughout the world, which related
to areas designated as such because they were deserving of incentives due to economic hardship. Mr Davis continued: “I think we ought to put this in the hands of an independent body to remove any instances of discrimination. Having regard to the conduct of this government since it came into to power I would be very concerned over how it is administered.” Last week in the House of Assembly, the prime minister tabled the long awaited White Paper. It unveiled his administration’s proposed plans for impoverished communities, which include a variety of tax concessions, an action plan for physical rejuvenation along with social and economic empowerment. At the time, Dr Minnis said the groundwork toward formulating a sustainable programme for the Overthe-Hill community began last October, which means it took the government roughly six months to have a developed plan ready to present to the public. “The incentives outlined will apply to residential properties – both owned and rented, commercial and industrial undertakings, with an aggregate turnover of $5m or under and all enterprises whose primary income is not derived from the business of gaming or the sale of alcohol,” Dr Minnis told Parliament last week. “For those qualified residents and business owners with respect to the redevelopment of land and buildings it is proposed (that there will be) exemption from real property taxes, exemptions from
customs duties related to construction, equipping and completing building and structures for a specified period and exemptions from excise taxes.” There will also be exemptions from stamp tax imposed on real property. He added when it comes to business taxes, all those applicable with the exception of establishments engaging in restricted activity and upon obtaining a trade certificate proving location in the empowerment zone, the government will offer a 100 per cent waiver on the assessed business licence tax. Customs duties for the purchase of a vehicle with appropriate markings for use by the business also will be exempted, he said. The white paper notes the Over-the-Hill community’s categorisation as an empowerment zone will last for no more than five years, with the possibility of an extension. “It is proposed that the designation of the Overthe-Hill community as an empowerment zone last for no more than five years, thereby providing sufficient certainty for an extended period with respect to the duration of the benefits of the zone, but also not establishing the permanent right to incentives,” the document notes. “It is also recommended that the minister responsible will have the authority to renew the designation of the zone as an empowerment zone, for up to an additional three renewals of up to five years per renewal. Indeed, it is expected that after such a period the zones should reasonably, no longer be considered in economic hardship.”
MUNNINGS ROAD CLOSURE THE Ministry of Public Works will be carrying out works on Munnings Road for one week in regards to the intended closure and cul-de-sacing of the road. Once finished, Munnings Road will be a no through road from Gladstone Road
to John F Kennedy Drive, effective May 1. The ministry apologises for any inconvenience caused. Residents are asked to utilise the roundabout at West Ridge entrance for access to Munnings Road.
THE TRIBUNE
Monday, April 30, 2018, PAGE 13
Palm Cay ordered to pay employee for unfair firing By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net A SUPREME Court judge has ordered a local gated community development to pay one of its employees almost $4,000 for unfairly firing her by two text messages while she was on vacation almost three years ago. Justice Ian Winder ordered Palm Cay Development Ltd to pay Peggy Burrows $3,837.26 to account for the two weeks of notice pay and a basic award of seven and a half weeks’ pay for unfairly dismissing her on July 20, 2015. According to the ruling, Palm Cay claimed Ms Burrows was terminated after her employers felt she abandoned her job by going on an unauthorised vacation, despite knowing the correct procedure, and later could not be located despite their best efforts. However, Justice Winder said he “preferred” Ms Burrows’ version of events, that she verbally applied for and consequently received verbal confirmation to go on vacation from management, while simultaneously declaring that Palm Cay Development’s sworn testimony did not correspond with its own evidence. Ms Burrows, the plaintiff, started working with Palm Cay on January 10, 2013, as a marketing assistant, and was employed for some two years and six months until her termination. The evidence was that on July 9, 2015, she spoke with her supervisor, Richard Browning, and asked for the following week off to attend an emergency concerning her bedridden mother, whose caretaker would not have been there. According to the ruling, Ms Burrows said she completed a vacation leave form
PALM Cay - where Peggy Burrows worked as a marketing assistant prior to her dismissal. The defendants claimed and was verbally advised by her employers failed to Mr Browning that her vaca- allow her to state her case that emails, WhatsApp tion was approved for the or offer any justification for and text messages were any alleged wrongdoing or all sent to Ms Burrows period July 13-17, 2015. However, on July 16, at all. by the Human Resources The claim was originally Department, the general 2015, while she was on vacation, Ms Burrows cast against Mr Cummins, manager, Mr Cummins and received a text message on as the second defendant the Accounts Department her cell phone from Palm in the matter. However, it in a bid to locate her and Cay minority shareholder was later ordered that he be ascertain why she was not Paul Cummins, purporting struck from the action as a at work as she was required to terminate her employ- defendant by a court order to be. ment. The text message dated November 24, 2016. Palm Cay claimed Ms At trial, Ms Burrows was Burrows said: “Peggy don’t come “voluntarily” the only witness in her case abandoned her job on July back, thanks.” The following day, Ms while Mr Browning gave 6, 2015, by failing to report Burrows received another evidence on behalf of Palm to work when she elected to text message from Mr Cum- Cay. take an “unauthorised vacaPalm Cay, in giving its tion” to the “detriment” of mins, stating: “Don’t come defence, denied that Ms Palm Cay. back, this is terrible.” On the day she was due Burrows was on vacation. According to the ruling, to return to work, July 20, The company claimed that Mr Cummins insisted that it 2015, Ms Burrows delivered on or about July 6, 2015, it was only out of frustration a letter to Mr Cummins was observed that she was due to Ms Burrows’ abanseeking clarification on the not at work as required and doning her job and failing text messages she received. could not be located despite to respond to the commuHowever, she got no officials’ “best efforts”. nications from work that he The defendants further sent her the text messages. response. In September of that claimed that Ms Burrows Further, they said the year, she later took legal was acquainted with the reason why Ms Burrows’ action against Palm Cay. company’s vacation policy, letter seeking clarificaShe charged that Palm Cay and claimed in the past, she tion was not answered was unfairly dismissed her and had completed the neces- because she was “well was in breach of Sections 34 sary documentation to get aware” of why the text mesand 35 of the Employment vacation leave, but failed sages were sent, namely, to do so in this instance. Act. her job abandonment She further claimed that They also argued that in the and ignoring and/or failPalm Cay failed to allow present case, Ms Burrows her the opportunity to failed to obtain approval ing to respond to work confront her accusers or for vacation as well as failed communications. Palm Cay also argued that to understand the nature to inform any or all necesMr Cummins could not have of any questionable con- sary parties in the company duct or wrongful actions of her desire to be absent terminated Ms Burrows’ employment. However, imputed to her, and that from work.
according to the ruling, Mr Browning’s evidence was that he was unaware Mr Cummins had instructed Ms Burrows not to return. Nonetheless, Justice Winder disagreed with Palm Cay’s case, and stated that having observed the witnesses as they gave evidence, he preferred Ms Burrows’ version of events rather than Palm Cay’s. Justice Winder noted that Mr Cummins was a significant owner of Palm Cay Development Ltd, holding 49 per cent of its shares, and apparently being one of two shareholders. Justice Winder further noted that Mr Browning sought to “diminish” Mr Cummins’ involvement by indicating in his evidence that “Mr Cummins is a 49 per cent shareholder of Palm Cay Development Limited, he has no standing in terms of directorship, signatory or management operation of business. He’s purely a minor shareholder…” According to the evidence, however, Justice Winder noted that Mr Cummins’ winter home was next door to the work premises and that he “was always on property and in the office”, unlike the other shareholder who was fixed in the United Kingdom. Justice Winder thus said notwithstanding Mr Browning claiming that Mr Cummins had no involvement in the business, he admitted that Mr Cummins was present on property, his interest in the business was known to staff and that he had email, telephone, and WhatsApp contacts for Ms Burrows. Justice Winder further found that Palm Cay’s case did not correspond with its own evidence. Justice Winder noted that while Palm Cay claimed Ms Burrows abandoned the job on July 6, 2015, but the
evidence demonstrates she was at work during the course of that week. Justice Winder also noted that Mr Browning indicated that the relevant period Ms Burrows was missing was July 13-18, 2015, although he wasn’t on site during that week. Additionally, the judge noted that according to Palm Cay’s National Insurance Board (NIB) filings, they indicated that “Peggy went on vacation without communicating with anyone for two weeks…,” but her last day at work was stated in the NIB filings was June 26, 2015. Justice Winder also accepted that Ms Burrows applied for vacation orally and by submitting Palm Cay’s vacation application form. He also said he accepted that she received a verbal confirmation. However, Justice Winder said what apparently happened was that during the week Ms Burrows was off from work, issues arose concerning certain transactions that caused Palm Cay to be “dissatisfied with her performance”. Mr Cummins thus expressed the view that Ms Burrows ought not to return, Justice Winder suggested. Thus, the judge said he was “satisfied” that Ms Burrows was unfairly dismissed. In calculating her basic award, Justice Winder noted that she would be entitled to a total of nine and a half weeks’ pay, as well as an accrued salary of $768, which he said is also due. “I therefore give judgment for the plaintiff in the total amount of $3,837.26,” Justice Winder said. “The plaintiff shall have her reasonable costs to be taxed if not agreed.” Ms Burrows was represented by attorney Sonia Timothy.
MAN GUILTY OF SHOOTING By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net A SUPREME Court jury has found a man guilty of manslaughter for the fatal shooting of another man on Independence Day last year. The jury discharged Dino Smith of murder, but found him guilty 9-3 of manslaughter for causing the death of Levardo Sherman Deveaux on July 10.
The Windsor Lane resident will be sentenced on June 6. Smith stood trial before Justice Cheryl GrantThompson from February 26 to April 24 concerning Deveaux’s death. According to initial police reports, shortly after noon on July 10, Deveaux was on Fowler Street, off East Street sitting in an open yard with a group of people when a black Nissan Teana drove past,
heading west. The car turned around, heading east, and a gunman got out of the vehicle on the rear passenger’s side and shot Deveaux before getting back into the vehicle and speeding off in an unknown direction. Deveaux was taken to hospital in a private vehicle, where he died of his injuries shortly after his arrival. Smith is represented by attorney David Cash.
ARMED ROBBERS HUNTED BY POLICE POLICE are looking for the suspects behind two armed robberies that happened Saturday morning. In the first incident, shortly after 8am, a man was sitting in his vehicle just in front of his home on
Denver Street when he was approached by three men, one armed with a firearm, who robbed him of cash before running away. In the second incident, shortly after 11am, a man armed with a firearm,
entered a restaurant on Cox Way off East Street, held employees at bay and robbed the restaurant of an undetermined amount of cash, before fleeing on foot. Investigations are ongoing.
www.ub.edu.bs
CAREER OPPORTUNITIES Suitably qualified candidates are invited to apply for the following positions available at University of The Bahamas:
Assistant Athletic Trainer, responsible for assisting the Athletic Trainer with all phases of the daily operations in the Athletic Training Room and services needed to cover the eight athletic teams at UB. Duties and responsibilities include assisting in scheduling and administration of student-athlete pre-participation physical exams; evaluating athletic injuries; treating athletic injuries; providing counseling and education to student athletes, coaches, and parents dealing with athletic injuries; enforcing code of conduct and rules for athletic training facilities and equipment; and assisting with recordkeeping and documentation. Required qualifications include a Bachelor’s Degree in Athletic Training, Kinesiology, Sports Medicine, Sports Science or other related field; Board Certification; and two (2) or more years of experience. Sports Information Officer, responsible for the production, presentation, distribution, and collection and archival of information pertaining to University Athletics. Duties and responsibilities include creating and distributing all sports related information to local, provincial, national, university and other media sources; cultivating key media contacts for the department; facilitating interviews and press conferences, write and prepare press releases and other promotional material/content for various media; liaising regularly with the Office of University Relations, varsity coaches and colleagues at other universities and athletic organizations and assisting with managing and updating the Athletic Department’s website. Required qualifications include a Bachelor’s degree (Master’s degree is preferred) in Journalism/Broadcast, Communications, Public Relations and demonstrated experience with software sufficient to support media publications and relevant athletic events’ statistical calculation, including but not limited to, Adobe in Design, Adobe Photo Shop, Illustrator and Stat Crew/Dakstats software. Detailed position announcements are available online at: http://www. ub.edu.bs/about-us/career-opportunities/staff/ . Interested applicants should submit the following to the Human Resources Department via hrapply@ub.edu.bs by Wednesday, 9th May, 2018: • A cover letter of interest highlighting work experience and accomplishments relevant to the position; • Completed UB Employment Application Form (www.ub.edu.bs/wp-content/uploads/2017/01/Application-forEmployment-Staff.pdf) • Current curriculum vitae or resume; • Copies of relevant qualifications and certificates; • Copy of the relevant pages of a valid passport showing passport number, photo identification and expiration date; • Copy of N.I.B. Card; • At least three (3) written, professional references.
PAGE 14, Monday, April 30, 2018
THE TRIBUNE
SMILES FOR SPRING YOUNGSTERS and adults alike enjoyed the Eastern Community Association Spring Festival at Winton Meadows Park at the weekend. Photos: Shawn Hanna/ Tribune Staff
THE TRIBUNE
Monday, April 30, 2018, PAGE 15
ACQUITTAL OF BROTHER UPHELD BY COURT OF APPEAL By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net
THE CROWN has failed in its bid to have the Court of Appeal overturn a Supreme Court judge’s decision to direct the jury to acquit one of two brothers formerly accused of a fatal armed robbery a little over six years ago. Appellate Justices Jon Isaacs, Stella Crane-Scott, and Milton Evans (acting), dismissed the Crown’s appeal of former Supreme Court judge Roy Jones’ decision to direct the jury to acquit Rashad Nottage of the 2012 murder and armed robbery of Akyto Smith. In doing so, the appellate judges noted the Crown’s evidence during trial in the court below “failed” to disclose Rashad Nottage knowing that his brother, Ramon Nottage, who was convicted of the crime, “had a weapon and foresight that the common plan entailed the use of whatever force was necessary to achieve the object of that plan”. The appellate judges further said the Crown failed to show that “if fatal results ensued from the use of such force in executing that plan, that was evidence from which it may be inferred that (Rashad) intended those results in common with the shooter”. The appellate judges thus
RAMON NOTTAGE, pictured at an earlier court appearance. He was found guilty and jailed, but his brother, Rashad, was acquitted. said the “absence of that state blinking. A passer-by saw of affairs” was “necessarily the vehicle, became confatal” to the Crown’s case cerned and eventually during trial, and precipitated drove to the eastern side the trial judge, who has since of the highway and made a ascended to the appellate check of the vehicle. While ranks, to uphold the submis- doing so, the passerby sion of no case to answer. released the vehicle’s trunk According to the facts latch from the interior of of the matter, sometime the vehicle and discovered around 9am on February Smith’s body in the trunk. 15, 2012, Akyto Smith left An investigation into home in his green, 1998 Smith’s death was conseHonda Accord, after having quently initiated. During told his lover he was going those investigations, Notto sell the rims on his car. tage and his brother and About 2pm, he was seen co-accused Ramon Notdriving on Cowpen Road tage were arrested. A Royal following a black Honda Bahamas Defence Force Accord. The deceased’s vehi- marine was also interviewed cle subsequently stopped on by police. The ruling noted that road, a man got out of the RBDF officer may have the black Honda Accord and initially been considered got into Smith’s vehicle. a suspect but he nonetheAbout 9.30pm on the less gave evidence for the same day, a vehicle fit- Crown at the trial. ting the description of the The RBDF marine tesdeceased’s was seen posi- tified that around 6.30pm tioned on the eastern side on February 15, 2012, he of Sir Milo Butler High- received a phone call from way with its hazard lights his co-worker, Rashad
Nottage, who asked the RBDF marine to meet him at the marine’s residence. When the marine arrived at his home, Rashad was waiting with his own car parked in the yard. Rashad asked the marine to take him to his mother’s residence in Stapleton Gardens. While there, Rashad told the marine to follow Ramon who had emerged from a track road through bushes across the road from the residence driving a green vehicle later identified as the deceased’s. The marine and Rashad followed Ramon to the eastern side of the Sir Milo Butler Highway, where the marine observed Ramon position Smith’s vehicle by the “big rocks”. Ramon then got out of Smith’s vehicle, leaving the hazard lights on and ran to the marine’s vehicle. While driving away, the marine asked Ramon what was going on. Based on his statement to police, Ramon said Rashad had contacted Smith and asked him about selling his rims, and both he and Rashad met with Smith and told him they would take him to the person interested in purchasing the rims. According to the marine, Ramon told him they took Smith to Cowpen Road where Rashad, who was being followed by Smith and Ramon, pretended something was wrong with his vehicle and drove onto the shoulder of the road. Smith
followed and got out of his vehicle to assist. A short time later, Smith returned to his vehicle where he was shot by Ramon. According to trial transcripts, when asked what happened after Ramon got in his car, the marine responded by saying: “When (Ramon) get in the car, I say ‘boy, what’s going on?’ He say they just had to cut one movie. So he say, ‘n*****s on the road is be joking’.” Following investigations by police, both Ramon and Rashad were arrested. On February 17, 2012, Rashad gave a statement under caution to the police. Rashad’s statement, which was read to the jury, read: “On 15th of February 2012, I was supposed to get a sale for him for his rims. He agreed to sell them. I called him. I told him that he could meet me on Faith Avenue by High Rollers, my brother and I.” Rashad was further recorded as saying that he followed Smith’s vehicle until it pulled over to the side of the road, and that he also pulled to the side. Rashad said he got out of his vehicle and opened the hood of his car because he saw smoke coming from it. Thereafter, Rashad related events involving Smith’s shooting by Ramon, and Ramon putting Smith’s body in the trunk of his own vehicle.
Rashad further recounted driving away from the scene as he followed Ramon who drove Smith’s vehicle, and then of them going to his home where Ramon drove Smith’s car into bushes across the street. Rashad also told of switching the rims from Smith’s vehicle and of them being placed on his car and enlisting the marine’s assistance; of seeing Ramon in a Honda Civic on February 16, 2012, who apparently left it on Carmichael Road. At the close of the prosecution’s case, the trial judge, Justice Roy Jones, now an appellate judge, concluded that there was no evidence to support the charges concerning Rashad and instructed the jury to return a unanimous verdict of “not guilty,” which it did. On July 9, 2014, the jury, by a verdict of ten to two, convicted Ramon Nottage of armed robbery — a mistrial was declared on the murder count as the jury returned a verdict of ten to two guilty. He was subsequently sentenced to ten years in prison on September 3, 2014, which took into account 11 months he spent in custody on remand. However, Ramon Nottage had his sentence doubled to 20 years by the Court of Appeal last year, after failing in his bid to challenge his original tenyear sentence.
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PAGE 16, Monday, April 30, 2018
THE TRIBUNE
UK Home Secretary quits over Windrush scandal LONDON Associated Press
BRITAIN’s Home Secretary Amber Rudd.
BRITAIN’S Home Secretary resigned yesterday amid a scandal over authorities’ mistreatment of long-term UK residents wrongly caught up in a government drive to reduce illegal immigration. Prime Minister Theresa May’s office said that May had accepted the resignation of Amber Rudd. The scandal has dominated headlines in Britain for days and has sparked intense criticism of the Conservative government’s tough immigration policies. Rudd had been due to make a statement to Parliament on Monday over what has become known as the Windrush scandal. The furor has grown since the Guardian newspaper reported that some people who came to the UK from the Caribbean in the decades after World War II had recently been refused medical care in Britain or threatened with deportation because they could not produce paperwork proving their right to reside in the country. Those affected belong to the “Windrush generation,” named for the ship Empire Windrush, which in 1948 brought hundreds
of Caribbean immigrants to Britain, which was seeking nurses, railway workers and others to help it rebuild after the devastation of World War II. They and subsequent Caribbean migrants came from British colonies or ex-colonies and had an automatic right to settle in the UK. But some have been ensnared by tough new rules introduced since 2012 that are designed to make Britain a “hostile environment” for illegal immigrants. Legal migrants have been denied housing, jobs or medical treatment in Britain because of requirements that landlords, employers and doctors check people’s immigration status. Others have been told by the government that they are in Britain illegally and must leave. “What has happened to the Windrush generation isn’t an anomaly. It’s not due to an administrative error. It’s a consequence of the hostile environment created by this (Conservative) government,” London Mayor Sadiq Khan, a member of the opposition Labour Party, said yesterday. In recent weeks Rudd and May have apologised repeatedly to the Windrush generation, saying
all pre-1973 Commonwealth immigrants who don’t already have British citizenship will get it, and those affected will get compensation. Rudd’s position worsened after she told lawmakers last week that the government did not have targets for deporting people‚ only for a 2017 memo to emerge that mentioned specific targets for “enforced removals”. Rudd said she didn’t see the memo, but The Guardian later published a leaked letter she wrote to the prime minister discussing an aim of increasing removals by 10 percent. Resisting calls to resig, Rudd tweeted Friday that “I will work to ensure that our immigration policy is fair and humane.” That’s not enough for many opposition lawmakers, 200 of whom have signed a letter demanding the government turn its promises to the migrants into law. The Windrush debacle is also causing anxiety for the three million European Union citizens living in Britain who are concerned about their immigration status after the country leaves the EU next March. The British government says they will be allowed to stay.
POMPEO STEPS UP RHETORIC AGAINST IRAN TEL AVIV, ISRAEL Associated Press
US Secretary of State Mike Pompeo yesterday ratcheted up the Trump administration’s rhetoric against Iran and gave warm boosts of support to Israel and Saudi Arabia in their standoffs with Tehran. Pompeo’s comments in Riyadh and then Tel Aviv came as he neared the end of the Middle East leg of his first trip abroad as America’s top diplomat. He has called for concerted international
action to punish Iran for its missile programs and other actions that he said destabilise the region. The tough line was welcomed by his hosts, particularly in Israel, which considers Iran its greatest threat and has led calls for the West to revise or reject the 2015 nuclear deal with Iran. “We remain deeply concerned about Iran’s dangerous escalation of threats to Israel and the region and Iran’s ambition to dominate the Middle East remains,” Pompeo said after a nearly
two-hour meeting with Israeli Prime Minister Benjamin Netanyahu. “The United States is with Israel in this fight.” Israel has cited Iran’s hostile rhetoric, support for anti-Israel militant groups and development of longrange missiles. It also has complained the nuclear deal does not do enough to prevent Iran from developing a nuclear-weapons capability, and expressed concerns about Iran’s involvement in the civil war in neighbouring Syria.