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FORCED OUT Senior officers sue after being sidelined by enforced vacation

By RASHAD ROLLE Tribune Staff Reporter rrolle@tribunemedia.net THE Minnis administration has been accused in an extraordinary lawsuit of exploiting vacation leave policies to unfairly sideline senior law enforcement officers.

Two deputy commissioners at the Bahamas Department of Correctional Services, Doan Cleare and Bernardette ThompsonMurray, allege in new affidavits that National Security Minister Marvin Dames forced them to take vacation leave to facilitate last month’s appointment of Charles Murphy, their junior, as commissioner of corrections. They want the Supreme Court to quash Mr Murphy’s appointment and declare it invalid.

Mrs Thompson-Murray

- the highest ranked woman in prison service history and Mr Cleare have careers spanning 30 and 25 years respectively. In documents filed on Friday, they allege they were inexplicably forced to take vacation leave last year even though Mr Murphy had accumulated more weeks of vacation than their combined total. When their leave ended, they say they were left in limbo by Ministry of National Security officials who ordered them not to return to the BDCS but who failed to assign them new jobs.

In his affidavit, Mr Cleare also alleges Commissioner Murphy actively campaigned for the Free National Movement in the lead up to the last general election “in open

A SUPREME Court judge has awarded the Water and Sewerage Corporation costs in a recently ended case with the Bahamas Utilities Services and Allied Workers Union.

In a ruling on Friday, Justice Keith Thompson discontinued the proceedings in line with a notice of discontinuance filed

by BUSAWU attorneys last Tuesday and awarded

SEE PAGE 11

By TRIBUNE REPORTER

POLICE have arrested a 25-year-old man in connection with the double homicide that occurred at Potter’s Cay Dock last week.

The man was taken into custody while in North Andros, police reported on Saturday, and has been flown to New Providence for processing.

On Wednesday night, two men were shot and killed at Potter’s Cay Dock.

The Tribune understands these victims to be Latario Lockhart, 27, and Meric Russell, 33.

Russell was a father-oftwo and an Abaco resident.

He was making a quick trip to Nassau to attend his cousin’s funeral and had only been in the capital for a few hours before he

JUDGES OVERTURN 45-YEAR SENTENCE

SEE PAGE THREE

WSC, the defendant in the case, costs in the amount of $25,000.

The action was initially brought by BUSAWU following the suspension of its president Dwayne Woods’ salary after he refused to return to his post after the corporation decided last May not to renew his administrative leave, and ordered him back to work.

The ruling came one week after Justice Thompson told BUSAWU that

POTTER’S CAY: MAN HELD FOR MURDERS

SEE PAGE FIVE

WATER UNION HIT WITH $25K COSTS

By RICARDO WELLS Tribune Staff Reporter rwells@tribunemedia.net

HOME

By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net

ON POINTE

THE NATIONAL Costume preliminary rounds of Miss World Bahamas were held on the rooftop of The Pointe at the weekend. For a full report, don’t miss Weekend Tribune, out on Friday.

Photo: Terrel W Carey Sr/Tribune Staff

A MAN has had his conviction overturned relating to the murder of Sergeant 1475 Wayne Rolle during the course of an armed robbery five years ago - but his brother’s appeal was dismissed.

Appellate Justices Sir Michael Barnett and Milton Evans quashed Kevin “Sheva” McKenzie’s 45-year sentence for murdering the senior police officer and robbing him of his cellular phone on December 4, 2014.

SEE PAGE 13

ALBANY LINES UP SOUTH OCEAN DEAL

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

ALBANY’S developers are getting closer to acquiring their 383-acre neighbour after all South Ocean staff were last week told to report to its human resources unit.

Multiple highly-placed sources, speaking on condition of anonymity, disclosed that a three-way joint venture involving South

THE closed property Ocean’s current owner and the adjacent ultra-luxury community is being put

together to finally revive a property that has been closed for some 15 years.

Besides Albany and the Canadian Commercial Workers Industry Pension Plan, the third party in the proposed deal features “people who formerly worked for Greg Norman”, the Australian professional golfer whose real estate company produced a masterplan for South Ocean’s development back in 2012.

FULL STORY - SEE BUSINESS

Nassau & Bahama Islands’ Leading Newspaper

INSIGHT DETENTION POLICY UNDER THE SPOTLIGHT

SEE PAGE EIGHT

PAGE 2, Monday, May 13, 2019

THE TRIBUNE

PM enjoys Long Island Mother’s Day service

PRIME Minister Hubert Minnis and his wife Patricia attended a Mother’s Day Church Service with Long Island MP Adrian Gibson held at St Anthanasius Anglican Church. Deadman’s Cay, Long Island yesterday.

THE TRIBUNE

Monday, May 13, 2019, PAGE 3

Senior officers sue after being sidelined by enforced vacation from page one contravention of public service policy”.

Munroe & Associates is seeking a Supreme Court order quashing the recommendation of the Public Service Commission and the minister of national security to appoint Mr Murphy as commissioner of corrections, a declaration that the applicants’ leave is not properly accounted as vacation leave, that the decision of the acting permanent secretary to refuse the applicants to return to their substantive posts as deputy commissioners is unlawful, consequential relief, costs and damages.

It is highly irregular for senior law enforcement officials to sue the government while in the service.

Wayne Munroe, QC, believes similar dynamics are at play in the Royal Bahamas Police Force where eight senior police officers were recently directed to take leave. Five of those officers do not have enough vacation time to last into retirement and The Tribune understands some of them have fewer accumulated vacation leave and are further from their scheduled retirement than the three senior police officers allowed to remain on duty.

The Tribune understands when their vacation leave ends, the five officers will not return to the RBPF but will be transferred.

However, Mr Munroe says public service rules do not allow officers to be transferred against their will. He said the issues were adjudicated in a 2011 case he tried involving former Deputy Director of Public Prosecutions Cheryl GrantThompson and the Judicial and Legal Services Commission. The Supreme Court declared in favour of Mrs Grant-Thompson, who is now a Supreme Court justice, after she was promoted to deputy law reform and revision commissioner against her will.

Although the court ruled the JLSC failed to treat Mrs Grant-Thompson fairly and gave the governor general flawed advice concerning the DPP appointment, it refused to overturn the JLSC’s appointment of Vinette Graham Allen as the director of public prosecutions.

Attorney General Carl Bethel said yesterday he would reserve comment until he reviews the lawsuit.

In her affidavit, Mrs Thompson-Murray says she met Mr Dames and Acting Permanent Secretary of the Ministry of National Security Eugene Poitier on August 7, 2018.

DOAN CLEARE, above, and Bernardette Thompson-Murray, below.

CHARLES MURPHY, right, taking over as Commissioner of Corrections from Patrick Wright.

Photo: Shawn Hanna/Tribune Staff “I was told by the minister that Mr Murphy has indicated to him that he can run the department and so with that he will let him put his words to action by giving him the opportunity,” she alleges.

“I was then asked by the minister which department I want to go as I was not going to return to the corrections department. I interpreted this statement as the minister making it clear that I would never be given the opportunity to become commissioner of corrections. I indicated to the minister and acting permanent secretary that I am a career corrections officer and that I am not seeking a transfer. I also indicated that if the government intended to advertise the post of commissioner why was there a need to transfer me out of the department prior to selection of a permanent head?

Notwithstanding my protest I was sent on directed leave by the acting permanent secretary.”

Mrs Thompson-Murphy says she was pressured to sign an application for directed leave when, near the end of that leave, she requested three weeks of vacation to address personal matters. “… I spoke to Ms Ernestine Williams at the Bahamas Department of Correctional Services and she indicated that in order

BANKING EXECUTIVE IS ACCUSED OF UNLAWFUL SEX WITH BOY, AGED 14

By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net A BANKING executive is one step closer to standing trial to answer to allegations that he had unlawful sexual intercourse with a 14-year-old boy earlier this year.

Paul Delroy Lewis pleaded not guilty to one count of unlawful sex with

a minor of the same sex when formally charged before Justice Bernard Turner on Friday.

The judge subsequently transferred the case to Justice Cheryl GrantThompson’s chambers, and adjourned it to May 21 for a trial fixture hearing. Lewis’ bail continues until that time.

He is represented by attorney Roberto Reckley.

MAN SHOT DURING ARREST

A MAN is in hospital after he was shot during an arrest.

According to a statement from the Royal Bahamas Police Force, the incident occurred shortly after 11am yesterday.

A police officer was driving on East Street south of Soldier Road, police reported, when he saw a man approaching a restaurant, acting in a suspicious

manner and armed with a firearm. The officer approached the man and as he attempted to arrest him, the man was shot, the RBPF said.

“The officers recovered the suspect’s weapon, a .38 revolver and four rounds of ammunition,” a police spokesman said. “The male was transported to hospital and is listed in serious but stable condition.”

for me to get the three weeks’ vacation I would need to complete an application for the directed leave which I was apprehensive about doing,” she alleges.

“A few days later two applications were sent to me, one for the period of the directed leave and the other for my requested vacation. I signed them both.”

When she returned from leave in January 2019, Mrs Thompson-Murray says she found a department that was unprepared to accommodate her.

“I, along with Deputy Commissioner Doan Cleare, wrote the permanent secretary, Ministry of Public Service, copying the chairman of the Public Service Commission and the acting permanent secretary to seek clarification on this most unusual instruction to take accumulated leave to allow for an officer, Mr Charles Murphy who has more accumulated leave than both me and Mr Cleare, to act as commissioner of corrections. I never received a formal response or acknowledgement of my letter,” her affidavit says.

Acting PS Poitier prevented her from performing her duties, failed to assign her new duties and instructed her not to return to the department, she alleges.

Mr Cleare says he also attended the meeting on August 7, 2018 and was

told by Mr Dames, pictured below, to immediately take leave. “He further stated that Assistant Commissioner Murphy [who was at the time the fourth highest ranking officer] was going all around telling persons that he can run the institution and that he, as the minister, wanted to give Mr Murphy an opportunity,” he alleges.

“I indicated that this was most unusual and unfair as Mr Murphy had more accumulated vacation than both myself and Deputy Commissioner Murray combined. I had just returned from one month vacation and I never acted as commissioner and the senior deputy commissioner, Ms Murray, who was acting as commissioner, was doing so without any official designation from the minister or the Public Service Commission.

Notwithstanding my protest, I was subsequently placed on 23 weeks forced leave on August 7, 2018.”

Mr Cleare’s leave ended on February 28. He alleges he could not access his office during his time off because the locks were changed. He said to date he has not been allowed to retrieve his personal items from the office, which is controlled by Mr Murphy.

The Ministry of National Security launched a global

search for a new prison chief sometime around August 2018.

Mrs Thompson-Murray said her encounter with Mr Dames discouraged her from applying for the top position because she interpreted his statements as a sign she “would never be given an opportunity to become commissioner of corrections.” Mr Cleare, on the other hand, applied for the top post during his “forced leave.” Both officers say Commissioner Murphy did not qualify for the top post.

“Two criteria for the post were three years’ experience as deputy commissioner or 10 years’ experience in comparable post and environment,” Mr Cleare’s affidavit says. “To my knowledge only two officials with the Department of [Correctional Services] met those criteria, Deputy Commissioner Murray and myself. Mr Charles Murphy, the successful candidate, was appointed assistant commissioner in 2017 and was never deputy commissioner of prison nor was he in an executive management post for the required years which were both criteria in the Public Service Commission advertisement.”

Public Service Commission members interviewed

Mr Cleare on January 22 and January 29.

“To the best of my knowledge,” his affidavit says, “no one on the panel had the practical or academic experience with operations of corrections or penal institutions to judge the appropriateness of the candidates. In addition, the panel had apparent conflicts of interests, as I have been advised that the chairman of the commission manned the political office of the member of Parliament for Killarney in the period between 2012 and 2017 and Mr Murphy actively campaigned for the Free National Movement in the last Parliament election in open contravention of public service policy.”

Ms Thompson-Murray joined Her Majesty’s Prison, as the facility was then known, as a principal officer in 1989, working up to become the senior deputy commissioner responsible for security. When Commissioner Charles Wright retired in 2017, she was the most senior officer at the prison and acted as commissioner before “being forced to take accumulated leave,” according to her affidavit.

Mr Cleare was transferred from the Ministry of Finance to the prison as director of information technology in 1994.

According to his affidavit, Mr Cleare was appointed acting deputy commissioner on April 12, 2013 with responsibilities for administration. He was confirmed deputy commissioner on April 1, 2014. He lists numerous duties, accomplishments and qualifications in his lawsuit.

Mr Dames could not be reached for comment yesterday.

Editorial View - Page 4

PAGE 4, Monday, May 13, 2019

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What’s really going on over officer leave?

NOT so long ago, this column raised concerns about the career prospects of law enforcement officers forced to take long-term leave. It appears matters could be so much worse than a career delayed being an opportunity denied.

Two deputy commissioners at the Bahamas Department of Correctional Services have filed a lawsuit. In it, they say they were forced to take leave – so far, so much the same as a number of other officers.

Here’s the kicker, though – they claim that they were shuffled aside to make way for the appointment of Charles Murphy – junior to them – as commissioner of corrections.

If the amount of accumulated weeks of vacation was the issue, it doesn’t seem to have affected Mr Murphy – he had more accumulated weeks of vacation than the two deputy commissioners combined.

And when the two returned – suddenly they found themselves out of their previous roles. Told not to return to the BDCS by the Minister of National Security, Marvin Dames, they were not assigned new jobs.

It should be noted that this is the same minister who just last week was quoted as being all in favour of equality when it comes to a woman one day leading the police force. One of the deputy commissioners he just bypassed for a junior is Bernardette Thompson-Murray, the highest ranked woman in prison service history. That line Mr Dames espoused that he is “all about gender equality” sounds even more hollow right now.

Murkier still is the claim from Mrs

Thompson-Murray’s fellow deputy commissioner, Doan Cleare, that Commissioner Murphy actively campaigned for the FNM in the lead-up to the last election – which would be against public service policy and more deserving of dismissal than a promotion.

We also wrote recently in this column to say that it felt that we weren’t being told the whole story about police officers being put on leave – and this lawsuit is another piece in a jigsaw puzzle that when put together isn’t looking like a pretty picture.

The five police officers who were recently put on leave with the understanding that they would retire afterwards will now return – that much has changed, but they – like the two prison deputy commissioners – appear not to be returning to their old jobs when they come back but will be transferred.

Wayne Munroe QC has pointed out that public service rules do not allow officers to be transferred against their will.

So what’s going on here? Are promotions being dangled in return for political favours? Is favouritism at play, promoting some ahead of others no matter the greater career achievements of senior staff?

The questions are growing for Mr Dames. We’ve said it before – that greater transparency is desperately needed over these matters. If Mr Dames doesn’t come up with some answers soon, he might well find the public will draw their own conclusions – and have their own answer, at the ballot box next time.

Straight to the Pointe EDITOR, The Tribune I REALLY liked the letter about the height of The Pointe Development and their obvious fear of the potential concrete jungle east of Rawson to PI bridge.

The writer is 100% correct…rumours abound that the “boys” have obtained a verbal for eight-ten stories even possibly 12.

Imagine a concrete

building blocking everything towards the harbour the height and actually two-stories higher than The Pointe which is already ugly?

There is an enormous development opportunity for this waterfront, but not if the Minnis Government sits back and does whatever the mega rich white knights want to do.

I agree more reclamation…why not we have a

lot of construction waste it can positively be used to good purpose plus the more land you have it is easier to live with four-five stories.

The rich prefer no clutter so I suggest knights adopt…

Quality over Quantity…

No Berlin White Knights wall Mr Minnis - please.

JASON MUNNINGS Nassau May 9, 2019

Beware those with good connections EDITOR, The Tribune IT’S amazing how the well connected individuals in this country are able to escape criticism, no matter what they do. More than a year ago, it was announced that Shell would be building a new power plant at Clifton Pier, right on top of an already disgusting and polluted area that urgently needs to be cleaned up.

Even though they were urged by concerned members of the public to first clean up the land and sea pollution from years of heavy fuel spills before giving anyone a contract to build another plant, the Minnis Administration gave the green light to Shell.

Now, everybody knows who Shell’s local representatives are. It’s hard to imagine a better connected or powerful group of individuals, with ties on both sides of the political divide. It is not surprising that Shell got their way, but

what just blows my mind is that the environmental activist community has remained so quiet over the issue. Oil pollution continues to pour out of the existing BPL plant, contaminating the land and sea for miles around, and now the government is going to double down on this serious hazard with yet another power facility at the same site, instead of cleaning it up. And yet not a peep from the environmental activists.

Nowadays, it seems that every time we turn around another project that may damage the environment is being subjected to injunctions and judicial reviews.

But not a thing happens when big, bad Shell comes knocking at the door? I guess the old saying ‘Its not what you know, it’s who you know’ still holds true in the Bahamas. And, of course, the same goes for the Official Opposition, who are usually so quick to complain about

and condemn any deal this government signs on to. But not a word about this particular project. I wonder why? Could it possibly be because a number of senior PLPs are set to make a pretty penny off this deal?

Well I say this is simply not good enough. I call on the PLP to do their job as the opposition and look out for the best interests of the population. I call on our usually very aggressive environmental activists to turn their attention to this troubling project and take the government to court if necessary, to make sure that the Clifton area is cleaned up before any new power plant is built. Or better yet, if Shell or any other company to make money off charging Bahamians for electricity, let them pay for the cleanup themselves.

ESSY BOOTLE Nassau May 7, 2019

Look out for a disturbing pattern when it comes to tax

EDITOR, The Tribune

THE FNM continues apace with its policy of maximising tax pressures on the indigenous Bahamian population while exempting wealthy foreigners from any similar pressure wherever possible.

A previous government (doubtless motivated by the simple calculus that the country’s orderly development benefits from tax policies that favour locals and bring in foreign-generated revenues) exempted Bahamians in the out islands from Real Property Taxes. This pro-Bahamian concession would balance the perception of foreigners buying up all the prime land in the islands. It was a good idea.

Unfortunately, however, successive governments have virtually ignored large scale tax delinquency by foreigners in the Family Islands to the point that,

LETTERS letters@tribunemedia.net today, hundreds of millions (perhaps even billions) of dollars of unpaid Real Property Taxes in the family islands remain outstanding. It hardly makes the news.

In fact, Real Property Tax is essentially a voluntary tax in the case of foreign owners who are unmotivated to sell, since government only compels payment at the point of transfer. Even where they do sell, the tax charge acts as a disincentive to buyers by adding to the price tag of delinquent properties.

Unlike in the homelands of these very foreigners, our government has proved unwilling to seize and resell tax-delinquent foreign owned properties – although it would obviously

boost the real estate industry if they did.

Enter Minnis and crew.

Faced with a desire to increase Real Property Tax contributions to the consolidated fund, do they try and collect the rich, low-hanging fruit of delinquent foreign owned Family Island real estate (including private islands)?

No. They turn their attentions exclusively to New Providence, where they can pressure Bahamian property owners with all of the sanctions at their disposal, while ignoring the Family Islands, which offer an opportunity to maximise foreign-generated revenues while sparing the average Bahamian taxpayer.

There is a disturbing pattern behind this FNM government.

Amazed as always.

ANDREW ALLEN Nassau May 9, 2019

Stories that we shouldn’t ignore EDITOR, The Tribune THE House of Assembly met last week Wednesday when the Opposition-controlled Public Accounts Committee Chairman, Philip E. Davis, MP for Cat Island, Rum Cay and San Salvador, presented the majority report of that Committee.

The majority report was not adopted by the House and, instead, the House adopted the minority report which was presented

by Michael A. Foulkes, MP for the Golden Gates Constituency.

The House did not adopt the majority report because it was not consistent with the ruling of

Speaker Dr. Kendal Major that was delivered in 2015 under the PLP Government. The minority report was adopted by the House because it was consistent with the ruling of Speaker Major.

Despite the fact that this has rarely if ever occurred in the House, and despite the fact that it is an important news story, it was hardly reported by the media, with the exception of The Tribune.

Astonishingly, the Government-owned ZNS TV channel ignored the story completely! I wonder why?

Someone needs to look into this.

Imagine, the government of the day voting against

a majority report of the Public Accounts Committee and, instead, had a minority report prepared and presented and then adopted. What a story in the history of our Parliament! Nevertheless it was ignored by most of the media, including the people’s TV channel.

The media has a special role in society and it begins with giving the people the facts about what has happened, especially in their Parliament but also, importantly, regarding all issues of public interest and concern.

ALARMED Nassau May 12, 2019

THE TRIBUNE

Monday, May 13, 2019, PAGE 5

The Tribune A1MAIN

POTTER’S CAY: MAN HELD FOR MURDERS THURSDAY i’m lovin’ it!

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from page one

was fatally shot, relatives said.

Lockhart, 27, was the other victim of that tragic incident. A young man of promise, he was described by relatives as “warm-hearted,” “kind-spirited,” and full of talent.

In the 10th grade he received a basketball scholarship to attend

a Miami high school. Police also reported on Friday that one person was taken into custody in connection with the Hospital Lane shooting that occurred on Saturday, May 4.

According to reports, a group of people were sitting in front of an abandoned building shortly after midnight on the day in question when they were approached

by a lone gunman who opened fire. He shot one man before running away.

The Tribune understands the victim is Barron “Jam Dawg” Roberts, the older brother of 19-year-old Terrance Rolle Jr, a teen shot and killed shortly after 11am on January 1.

In an interview with The Tribune last week, the boys’ mother,

$1

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CLASSIFIED TRADER: CARS, CARS, CARS & MORE CARS

Two shot dead at Potter’s Cay

By RASHAD ROLLE Tribune Staff Reporter rrolle@tribunemedia.net

TWO men were shot and killed at Potter’s Cay Dock last night. The men, both shot in the head, died at the scene.

Police fought to restrain a woman believed to be a sister of one of the deceased. “They wrong for that. Why they kill my brother?” the woman cried.

The double killings come nearly three months after another man was shot dead at the dock and is bound to fuel concerns of the thousands of tourists who holiday at the nearby Atlantis resort.

Acting Deputy Commissioner of Police Paul Rolle said: “Shortly after 8pm

police received reports of gunshots at Potter’s Cay Dock at one of the local establishments. The officers assigned to the Potter’s Cay Dock area heard those shots and immediately responded to the eatery where they met two adult males suffering from apparent gunshot injuries to the upper body. The assailants after the shooting left heading in the southern direction of the dock and disappeared in the crowd that assembled after the shooting.”

In addition to the murder on February 10, a stabbing incident at the dock in January left two men with injuries.

“We’re concerned about

HOW The Tribune reported the story.

L SOUR CE

Rosalie Bain, said both of her the

‘LAWFUL sons were “gunned down by KILLING’ streets”.

IN POLICE SHOOTING Ms Bain issued a plea

to residents living in inner-city communities such as the one encompassing her Parker Street home - Bain and Grants Town - to do more to uplift the members of their neighbourhoods.

By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net

THE shooting death of a 20-year-old at the hands of police officers in the Masons Addition area four years ago was justified in the circumstances, a jury found yesterday.

The five-member jury four women and one man - unanimously found that police acted lawfully in shooting D’Angelo Bodie Wallace aka “Fingers” on May 16, 2015.

Assistant Superintendent Alexander Pierre, Constable 2823 Jahmal Rolle, Detective Constable 2790 Jara McPhee, and Sergeant 771 Kenneth Greenslade were the officers involved in the matter.

The decision came after their attorney, K. Melvin Munroe, reminded the jury of what prompted his SEE PAGE THREE

STABBING VICTIM DIES OF WOUNDS

A moratorium on murders SEE PAGE THREE

By RIEL MAJOR Tribune Staff Reporter rmajor@tribunemedia.net

HOUSE-TO-HOUSE TAX CRACKDOWN

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

THE government is targeting a minimum $21m in extra annual revenue through a “world class” real property tax system that captures every home and commercial building on New Providence.

Marlon Johnson, the Ministry of Finance’s acting financial secretary, said that door-to-door calls will

be made on all New Providence properties over the next 18 months in a bid to create a modernised tax system that delivers improved revenue yields together with greater taxpayer equity and fairness.

Mr Johnson also confirmed the government’s belief that this exercise will increase the number of properties on the tax roll by 30 percent.

FULL STORY - SEE BUSINESS

THE BODY on one of the two men shot dead at Potter’s Cay last night.

POLICE are investigating the country’s latest homicide after a man was reportedly found walking with visible stab wounds and later died of his injuries in hospital on Tuesday afternoon.

According to police, shortly after 4pm, officers received reports of a male walking in the area of Dominica Way, Sunshine Park with what appeared to be stab wounds about his body.

Paramedics responded to the scene, stabilised the injured man and transported him to hospital.

He was pronounced dead a few hours later.

SEE PAGE FIVE

DAVIS DECLARES: MAKE WEED LEGAL

By MORGAN ADDERLEY Tribune Staff Reporter madderley@tribunemedia.net

OPPOSITION leader Philip Davis has confirmed his support for the decriminalisation of recreational marijuana as well as the immediate expunction of the records of those who have been convicted of possessing small amounts of the drug.

In an interview with The Tribune yesterday, the Progressive Liberal Party leader noted the protocols of

PLP leader Philip Davis

decriminalisation have to be “worked out,” adding there should be laws in place to

regulate marijuana use just as there is legislation regarding the use of alcohol.

Mr Davis’ comments came a week after PLP deputy chairman Chester Cooper delivered a passionate speech in the House of Assembly where he expressed his own support of decriminalising small amounts of recreational marijuana and also called on the government to expunge the records SEE PAGE SIX

STATESIDE WHEN HEROES SPEAK OUT - OR STAY SILENT

SEE PAGE EIGHT

Nassau & Bahama Islands’ Leading Newspaper

Bishop urges residents to ‘pray and trouble God’s throne’ for divine intervention to halt killings for 30 days

BISHOP Simeon Hall.

Photo: Shawn Hanna/Tribune Staff

By RICARDO WELLS Tribune Staff Reporter rwells@tribunemedia.net BISHOP Simeon Hall has called for a moratorium on murders, urging Bahamians and residents to “pray and trouble God’s throne for divine intervention” to halt killings for a period of 30 days.

The prominent pastor made the call yesterday in a press statement in which he implored Christians and those who fear God to combine their collective will, for what he called

“divine favour,” to touch the hearts of men and women who attach no value on human life.

The call comes after a spate of killings; 10 people were killed between April 21 and May 9.

Among these killings are two double homicides and the stabbing death of a father-of-two, all of which occurred last week over a 15-hour period.

Bishop Hall, pastor emeritus at New Covenant Baptist Church, said: “And as faith without works is dead, after we pray, we must put feet to our prayers

by turning in and on criminals. We should intercede for the good of our nation and not allow our political biases to hinder our prayers for our country’s peace and stability.

“It is a rank contradiction for parents or anyone to pray for peace in our land and then knowingly harbour criminals simply because familial ties or because they benefit directly from such behaviours.

“It is also incongruous to politicise the homicide rate and level of criminality in the country based only on which party currently is in

FIFTH SUSPECTED SUICIDE OF YEAR AS WOMAN’S BODY IS FOUND IN A HOME

By KHRISNA RUSSELL Deputy Chief Reporter krussell@tribunemedia.net

POLICE are investigating an apparent suicide after a woman was discovered unresponsive inside a home with injuries to her body Friday morning.

Police said shortly after 11am, officers were called to a residence on Falcon Crest, Eastern Estate, where a woman was discovered with visible injuries to her body.

Paramedics were called to the scene, but were unable to resuscitate her. She was pronounced dead, police said, adding an autopsy is planned to determine the exact cause of death.

This is the fifth suspected suicide this year.

Last month a man was found hanging from a beam in a closet of a residence on Haven Street off Lightbourn Street in Chippingham.

A family member found the man, said to be in his mid-50s, unresponsive.

In February, a man was found with what police believed was a self-inflicted gunshot wound to his upper body at an apartment in Kennedy Subdivision.

In March, two people allegedly committed suicide

in separate incidents: a man at a Winton Estates residence and a woman at a residence on Paradise Island.

The man, 41-year-old Dimaggio Darrell, was a father of four.

And in April, Royal Bahamas Defence Force marines thwarted the suicide attempt of a 53-yearold man in the Cowpen Road area.

Marines Michael Gibson, Cyral Davis and Alexis Strachan were at a security checkpoint on Cowpen Road around 10am on Saturday, April 13, when a man’s unusual behaviour sent them scrambling to save his life. They were waiting for youth participants in the Governor General’s Youth Award (GGYA) programme to reach the checkpoint during their 30-mile hike.

Able Seaman Gibson said: “We witnessed an individual coming from the southern side with a belt around his neck. One of my comrades said: ‘Something has to be wrong’. The man looked at us; he said ‘Hi’, then he said ‘bye’ as if to say this is his last goodbye. He walked towards the bushes.

“When I saw that I turned the bus on and

started to approach him.

He ran up the tree. Marine Seaman Davis hopped out of the bus. By the time Davis got out of the bus (the man) had already tied the knot on top of the tree limb, stepped off and was hanging. Davis tried to lift him from the bottom to relieve the pressure on his neck.”

Two young cadets with the RBDF Rangers programme were on the bus at the time and helped the marines.

“One of the Ranger cadets attempted to climb the tree to lift the man’s body to relieve pressure from his neck,” AB Gibson said. “I had a knife on me so I climbed the tree and cut the belt loose. The man dropped and was unconscious. Davis caught him.

We lifted him to the side of the street. He was out for a minute or so. We poured water on him, tried to bring him back. When he did come back, he was in tears.

Everything happened really fast.”

Those who may be having suicidal thoughts and think they might need help are asked to contact the National Suicide Hotline at 242-322-2763 or the Bahamas Crisis Centre at 242-328-0922.

office. A grieving mother is not comforted by statistics or by playing the blame game.

“Indeed, we should pray fervently, but every patriotic Bahamian who sees or is aware of something nefarious also must say something to the police or the authorities. ‘Evil always prospers when good men do nothing.’

“I call on all well-thinking people – Bahamians and residents, black and white, FNMs and PLPs, Catholics and Protestants – let us all come together as a collective to put the fear of

God in the hearts of those who have no regard for their lives nor the lives of others.”

Following last week’s killings, Police Commissioner Anthony Ferguson announced the creation of a special team “to look closely at certain persons”.

Speaking to reporters at a walkabout in Kemp Road last Thursday, he revealed he had assembled this team of officers to root the criminal element out.

While he didn’t go into details, Commissioner Ferguson went on to

caution those who were “running all over the streets” that their days were numbered.

“There are persons who know of persons who have weapons and I think now would be the time for you to say to those persons put that gun down or go and turn it in. I’m not going to release all of what we have because when you go to the battleground you can’t let the enemy know what you are going to do.”

According to The Tribune’s records, there have been 28 murders so far this year.

PAGE 6, Monday, May 13, 2019

By RASHAD ROLLE Tribune Staff Reporter rrolle@tribunemedia.net PARLIAMENT has passed 58 bills since the Free National Movement won the general election two years ago.

The Tribune’s analysis of Parliament’s records show 43 percent of the legislation have been budget bills to facilitate the government’s continued operations while 24 percent have been financial services reform bills to address demands from the Organisation of Economic Cooperation and Development (OECD) and the European Union.

The transparency and accountability agenda that defined the FNM’s general election campaign has mostly been shelved.

In an interview last week on 96.9 FM’s “Z Live” with Zhivargo Laing, Health Minister Dr Duane Sands discussed the pressure the administration’s legislative agenda has faced, saying the government needs a bigger drafting team.

“We have had a very ambitious legislative agenda in part because we have had countless acts, amendments etc predicated by the actions and oppression of the OECD and Europeans in order to salvage our financial services sector so that has displaced legislative room for a number of other things,” he said.

“What we have is limited capacity in legal drafting.

We have worked the drafting team to death. Bear in mind, that even as we have financial services and immigration that’s been pushing legislation, we have a new dental bill, new nurses and midwives bill, we got tobacco, a revision of the PHA Act, all waiting in the wings trying to get a slot.

For the drafting team, this is very technically demanding stuff. We don’t want to take a bill that has glaring grammatical errors or offends the constitution and while it may seem we could just do it, the requirement for due diligence would mean we need to have a much bigger drafting team which we don’t. Part of this is we have to simultaneously build our capacity.”

Attorney General Carl Bethel suggested to The Tribune on Friday that Parliament is about done passing bills to

THE TRIBUNE

Two years in and 58 bills passed A CABINET meeting on Grand Bahama in February.

placate international organisations, saying just “several bills need small amendments”.

On the financial services sector generally, he said: “The next six months will be critical and may involve more parliamentary exertions. There are also less pressing financial sector bills, such as a new financial and corporate service providers bill and several bills to regulate cryptocurrency offerings. The focus, however, is shifting towards a new environmental protection bill and new fisheries laws. Looking

further afield we will need a new Companies Act to amalgamate IBCs [international business companies] with companies and a new insurance act to amalgamate domestic and captive or external insurance. But these will be massive undertakings.”

The Integrity Commission Bill and the Ombudsman Bill are good governance bills yet to be debated even though both were among the earliest to be tabled in the House of Assembly.

Other key campaign priorities not

addressed include legislation to regulate the finances of political parties and to establish a recall system for elected officials.

The administration has also not tabled its Public Procurement Bill, though a draft version was published on the Organisation of American States’ website in 2017. It is hoped the law would fix a system often described as opaque and vulnerable to abuse, issues over which FNM officials attacked the Progressive Liberal Party during the previous term.

Nonetheless, the

administration has fulfilled its campaign pledges with respect to two good governance issues: amending the constitution to establish the Office of the Director of Public Prosecutions in 2017 and passing a Fiscal Responsibility Act. On the promised bill to limit terms of prime ministers to two, Dr Sands said: “Draft legislation has been presented. It’s been discussed at a very high level and we imagine that should be tabled in the very near future.”

Among bread and butter issues affecting Bahamians,

the administration passed the Economic Empowerment Zone Act last year, initiating Prime Minister Dr Hubert Minnis’ promise to create a special tax zone for Over-the-Hill. It also passed an Access to Affordable Homes Act which aims to make land available to people at an affordable price.

The Tribune requested information relating to bills passed by the last Christie administration, however representatives from the House of Assembly said the information was not available.

HANNA MARTIN DISMISSES FNM GOVT AS ABYSMAL

By KHRISNA RUSSELL Deputy Chief Reporter krussell@tribunemedia.net

DESPITE a wave of positive reviews from Cabinet ministers of the Minnis administration’s first two years in office, opposition member of Parliament Glenys Hanna Martin says this government’s performance has been “abysmal”.

In an interview with The Tribune, the Englerston MP pointed to several issues of national interest, insisting there was major concern among Bahamians regarding the country’s future.

Chief among these, she claimed were matters related to Bahamas Power and Light.

The power provider has seen some dark days, brought on by frequent power outages, boardroom divisions, a period of elevated electricity costs last year and the more recent resignation

GLENYS HANNA MARTIN of Christina Alston from the post of chief operating officer.

And there was also the Oban Energies debacle, which Mrs Hanna Martin said showed irregularities in procedures in the processing of foreign direct investors.

“They’re in one reality and the rest of us are in another and this is

cause for concern when your government is so out of touch with what is happening,” Mrs Hanna Martin said.

“When you analyse the last two years I think they have been abysmal. They’ve been marked by a number of very fundamental missteps.”

“We saw it at BPL. There was something very bizarre when an entire board for some reason was gone and where the chairman indicated that it was her insistance on transparency, which led to her departure.

“Of course we recall the comments by the minister which were in a most vitriolic fashion targeting her and then of course you had the issue of the fire. We have yet to get a report of that, which is in hand and which the minister said he would bring and the union has a view of what led to that fire and said it publicly.

Then you’ve now had the COO

resign and we still don’t understand that. Then there was the issue with the hike in cost. This is a state owned enterprise. It’s our energy company and has been totally inundated by questions and queries.”

Regarding Oban, she said: “It is important not just for its own sake but because it highlights the lack of integrity of the procedures in government processes under this administration, where someone of that nature that company with principles with questions surrounding them could make their way all the way up to the top floor of Cabinet and then thereafter be so discredited in terms of their history.

“Then of course you had the debacle of the gentleman signing someone else’s name and the file has gone missing. But what is important is that’s a major concern for us as a people.”

Mrs Hanna Martin further

pointed to the value added tax increase last year as not being properly executed and contrary to the promises of the Minnis administration.

“It was done without consultation and superimposed on the Bahamian people and against the advise of Chamber of Commerce and others which seemed to be relevant. They’ve done what I consider the inverse of turning water into wine.

“They have increased taxation and reduced revenue that is quite amazing that they could not achieve at such a bizarre way.”

The handling of the domestic gaming industry has also contributed to the disaster that has been the government’s first two years in office, the former Cabinet minister insisted.

According to Mrs Hanna Martin, the Minnis administration has handled operators with a “native hostility”.

PLP TO VOTE AGAINST IMMIGRATION ACT AMENDMENTS THE Progressive Liberal Party will vote against amendments to the Immigration Act set to be debated in the Senate today.

The opposition party said it is “fundamentally opposed”

to the reforms that the PLP feels “will loosen the controls that we presently have to protect the integrity of our borders and our workforce.”

“The government intends

to push through amending the Immigration Act despite there being no consultation with affected stakeholders nor the Bahamian people in general,” the PLP noted in a

statement issued yesterday.

“This is part two of the dismantlement of the Bahamianisation policy actively underway by this FNM—Minnis and Symonette—administration. Part one being the enactment last year of the Commercial Enterprises Act. “These policy changes remove protections for Bahamians in our national economy and award new privileges and rights to foreign investors, foreign workers and foreign professionals in our country.

This FNM government’s declared policy is that through these radical changes, Bahamians will get a ‘trickle down’ benefit.

These measures will have the opposite effect and instead will further marginalise Bahamians in their own economy.

“The [Official] Opposition opposed the

measures in the House and will oppose them in the Senate. . .We will vote against this Bill. We encourage all Bahamians to contact FNM senators to vote against this bill.”

Last month, Bahamas Bar Association President Kahlil Parker criticised the amendments—which will create new work visas—as unworkable. At the time, he also condemned the government for not consulting with the BBA, claiming the changes would undermine the country’s sovereignty.

The association also said the law changes could threaten the legal profession and other sectors.

The Immigration (Amendment) Bill 2019, which was passed in the House last month, will create two new visas.

The BH-1B work visa, according to the bill, would grant a work visa biometric

PLP leader Philip Davis card to anyone who has permission to engage in gainful occupation in the country that has a specified commercial enterprise certificate under the Commercial Enterprises Act. The BH-4S permit would allow the spouse or dependent child of a BH-1B work visa holder to reside in the country and enroll in educational institutions during the duration of the permit.The bill also allows for exemptions for short-term visas.

MONDAY, MAY 13, 2019

THE STORIES BEHIND THE NEWS

Why are we so intent on being a latecomer to the legalisation and decriminalisation of marijuana?

By MALCOLM STRACHAN

W

HILE the US and Canada are raking in billions in profits from the marijuana industry, the Bahamian government continues to drag its feet on the issue. Since the CARICOM Regional Commission on Marijuana held a town meeting nearly a year and a half ago, there has been little to no movement on the matter.

Outside of forming the Bahamas National Marijuana Commission (BNMC), the government has not shown the fortitude to lead on this issue.

Learned physicians such as Minister of Health Dr Duane Sands and Prime Minister Dr Hubert Minnis - who both know well the wide array of medicinal benefits of the plant refuse to revisit our archaic policies.

We are literally watching the world pass us by as we remain paralysed, perhaps to avoid ruffling the feathers of the US where marijuana is yet to be federally legalised. However, lawmakers suspect that federal legalisation of marijuana is on its way.

Currently, 33 of the 52 American states (including Hawaii and Puerto Rico) have legalised medical marijuana and are reaping the benefits. However, last month, a piece of legislation called the STATES act – Strengthening the Tenth Amendment Through Entrusting States – is a bill, if passed, that would amend the Controlled Substances Act in efforts to limit federal action against entities operating legally in states that have legalised medical or recreational marijuana policies. Essentially, as one congressman who has been a staunch advocate of marijuana reform put it, rather than enforcing what any particular state should or shouldn’t do, the act just provides the freedom to do what they choose as far as legalising it or not (per Rep Earl Blumenauer).

In essence, it removes the federally mandated ban on cannabis.

There is much support for the bill to pass in Congress that President Donald Trump, pictured above, has even given an endorsement.

This move was preceded

by President Trump’s signing of the Agriculture Improvement Act, which

legalised hemp, at the end of 2018. Many view this as a precursor to federally legalising marijuana in the United States.

Assuredly, the US is not blind to Canada’s success since legalising marijuana nearly a year ago and must be chomping at the bit to further capitalise on its own economic boom. With the United States’ population size alone, entry into the industry would rocket it to the leading position.

Particularly as Canada’s problem has been having enough marijuana to supply its customers, a unique opportunity has been afforded to Caribbean countries unafraid to throw their hats in the ring.

Jamaica’s legalisation of marijuana in 2015 positioned it as a preferred grower for Canada. Not far behind, other Caribbean countries that have either decriminalised or legalised medical and/or recreational marijuana are St Vincent and the Grenadines, St Kitts and Nevis, Cayman Islands, Antigua and Barbuda and the US Virgin Islands.

These countries will not only, in some cases, benefit from the reduction in incarcerating people for small amounts of marijuana, but may also seek opportunities with Canadian and potentially US companies looking to expand their supply chain. Additionally, marijuana tourism, both recreational and medical forms, is something these jurisdictions are very excited about.

As marijuana usage is a lifestyle for many, undoubtedly tourism experiences are going to become predicated on going places where you can use marijuana as legalisation becomes the norm around the world.

Clinging to views initially built off lies to besmirch marijuana and hemp has left many in the country ignorant about the plant.

When we hear people continue to associate the violence in the country on marijuana use, it only shows how out of touch and immature many of those opining on the subject really are.

The facts are not hard to come by. Unfortunately, as a result of dogma, fear and just plain stupidity, we refuse to embrace this is no longer the future. This is the present. And if we continue to lollygag and worry about the self-proclaimed “religious nation” title - as if it’s a reason to be a nation devoid of progress - we will certainly watch everyone else pass us by.

With substances like alcohol and tobacco flying off the shelves without a peep, we look nothing more than like a country filled with hypocrites.

Minister of Health Dr Duane Sands recently stated the Bahamas National Marijuana Commission was given a three-month extension to finalise its position on the matter. However, after 17 months, we have yet to see the “deliberate haste” with which Sands said the government should be acting on marijuana reform.

There is a time when we must analyse where the world is moving and think for ourselves. Similar to the STATES act, legalising and decriminalising marijuana likely won’t cause eveyrone to either smoke, grow or sell marijuana. Instead, it would allow people that are interested to have the liberty to do so.

Is that not democracy?

Deputy Leader of the

Opposition Chester Cooper, who made his position in support of the legalisation and decriminalisation of marijuana in Parliament a few weeks ago, sparked intense debate. Assuredly, as election time nears, marijuana, if it is not legalised before then, will once again become a hot button issue on the campaign trail.

The government is obviously timid on the matter and approaching it with caution. However, this will be a sore point as we will likely be able to note the successes of our Caribbean neighbours who, as Cooper would have suggested we should, would have taken an advantage of a “risky position” because the world has moved in this direction.

Hopefully, in earnest, an economic impact and a societal impact study can be done to bust some of the outrageous marijuana myths we have bandying about. Too much time has already been wasted.

LEARNED physicians such as Minister of Health Dr Duane Sands, above, and Prime Minister Dr Hubert Minnis, below - who both know well the wide array of medicinal benefits of the plant - refuse to revisit our archaic policies.

INSIGHT

PAGE 8 MONDAY, MAY 13, 2019

EMAIL: insight@tribunemedia.net

172ND SESSION OF THE INTER-AMERICAN COMMISSION OF HUMAN RIGHTS

By AVA TURNQUEST Tribune Chief Reporter in Kingston, Jamaica aturnquest@tribunemedia.net GENDER inequality regarding the transfer of citizenship could be remedied by taking the matter before an international court.

Rapporteurs at the 172nd session of the InterAmerican Commission of Human Rights (IACHR) highlighted longstanding concerns over the issue and noted the failure of two constitutional referenda signalled a critical need for public education.

According to Minister of State for Legal Affairs Elsworth Johnson, the 2016 referendum cost the government over $1.57 million.

The matter was raised at the country’s thematic

By AVA TURNQUEST Tribune Chief Reporter in Kingston, Jamaica aturnquest@tribunemedia.net

D

International court could deal with gender inequality hearing in Jamaica on the rights of migrants and their children.

However, Mr Johnson argued the largest number of people affected by gender provisions of the Constitution are Bahamian men and women and their descendants, not migrants.

“It is no secret that the Constitution of the Bahamas is not gender-neutral and treats men and women differently in and unequally with respect to their ability to transmit citizenship to

their children and spouses,” he said, adding the government had spared no effort in trying to amend constitutional provisions.

Margarette Macaulay, IACHR’s Rapporteur on the Rights of Women, and Persons of African Descent and against Racial Discrimination, stressed the IACHR would prefer to work in partnership with the government rather than have the matter put before the court.

Ms Macaulay, a Jamaican

jurist and pivotal figure in the the regional women’s movement, served as a judge of the Inter-American Court of Human Rights from 2007 to 2012. During that time, she contributed to the formulation of the Court’s Rules of Procedure.

“There is a matter of the referendums in relation to citizenship which I couldn’t understand,” Ms Macaulay said, “but I understand it is within your law that you must have that referendum.

But you know that within

(IACHR) mandate… if we do have a case presented in relation to that issue ultimately we could say fine, that the Bahamas has to amend its law, you know that?

“We could but we haven’t gotten to that stage yet,” she added. “I am dropping a hint for civil society.”

Ms Macaulay continued: “It is commendable that these attempts were made under the laws as you have them but if you see the mischief which exists in the

MARGARETTE MACAULAY circumstance that you wish to correct - and you clearly recognize it - that’s why you used the referendum system twice. Twice means that you need to do education to your citizens about the mischief.”

Bahamas’ detention policy under the spotlight at human rights commission

ETENTION is not the answer to the country’s immigration challenges, according to IACHR president Esmeralda Arosemena de Troitiño.

This is the second time the country’s use of detention has come under scrutiny by the body.

The Bahamas government was called before the 172nd session of the Inter-American Commission of Human Rights (IACHR) to respond to a petition on the treatment of migrants and their descendants from Rights Bahamas and the Washington-based group Robert F Kennedy Human Rights.

The issue of statelessness due to the lack of documentation and the country’s citizenship laws was also raised by the IACHR panel, which signalled a desire to accept the government’s invitation to conduct a site visit at its earliest opportunity.

Rapporteur Margarette Macaulay said: “There are so many stateless children who were born in The Bahamas and cannot get citizenship because they cannot provide the sufficient documentation in order to get it, and even when they’re 18 they have to apply for citizenship within a certain time or they miss the boat if they exceed that time.

“This is extremely difficult to accept and the commission wants to work with The Bahamas to see how we can resolve this issue.”

State Minister for Legal Affairs Elsworth Johnson, who represented the government at the hearing in Jamaica, defended the country’s human rights record and urged the commission not to jump to conclusions over allegations presented by the civil society group.

Mr Johnson noted the government did not have an opportunity to object to the request for thematic hearings, and suggested the hearing could have been avoided altogether as the state considered the claims “unsubstantiated and duplicative”.

This is the second time the civil society collective is presenting to the IACHR, the first hearing was in 2015.

However, this is the third time the matter of migrant rights has been brought before the OAS human rights body.

The Grand Bahama Human Rights brought a petition against policies introduced by then-Immigration minister Loftus Roker in RIGHTS Bahamas member Fred Smith the late 80s.

On Friday, activists presented to the commission on frequent single immigration officer (admitimmigration raids and round- tedly bigoted remarks) as being ups; deportations of people born representative of Bahamian immiin The Bahamas; the demolition gration authorities or Bahamian of shanty towns; children being authorities generally,” he said. turned away from school due Mr Johnson also accused to lack of documentation; and Rights Bahamas of spreading ongoing threats to human rights propaganda and lies to further defenders. their cause and further suggested On matters raised that are cur- many of their claims are based on rently being litigated in court, Mr generalizations and self-generJohnson urged the commission to ated incidents. respect the principles requiring “It appears that we are coming exhaustion of domestic remedies to conclusions without seeing the before it gives any consideration. bundles,” Mr Johnson said, “with“With respect to out fully delving into the the allegations of issues.” entrenched racial He was referring to discrimination and a package of docuxenophobia,” Mr ments sent to the Johnson said, IACHR in April “it is expected that purport to that in any socirefute claims made ety where there

by Rights Bahamas, are significant and expand on govmigrant populaernment policies and tions, there are procedures. bound to be per- IACHR president EsmeralDuring its presentasons or pockets of da Arosemena de Troitiño tion, the civil society persons who hargroup argued there bour anti-immigrant sentiments. was no longer freedom of move“Such behaviour is neither ment in the country due to its tolerated, nor condoned, and cer- immigration policy. tainly not encouraged by the State Activist Louby Georges or any of its agencies. pointed to random and mass “It is also wrong to portray the raids, checkpoints and roadblocks remarks allegedly attributed to a where civilians are made to show

proof of their status on the spot or face detention and “illegal deportation”.

“I emphasise the right not to be detained because of migrant status,” Ms Arosemena said on Friday. “It cannot be due to the fact of being a migrant, there is a prohibition of that. To be a migrant is not an offence, it is not a crime and prison, detention is for crimes, violations of the law.

“Of course there will be circumstances, certain people, but we are talking about the generality of the circumstances.”

Ms Arosemena stressed special protections were needed to ensure children born in the country could access education and resources critical for their naturalization. Government was asked to produce a figure of how many were currently de facto stateless.

“I want to know what precisely are the obstacles to children achieving this constitutional right,” she said, “because they have their constitution and recognition of the acquisition of nationality because they were born there, and we would need to know what those elements are that are preventing this situation from being achieved.

“Detention is for other issues, other circumstances, but they are also holding the children,” she continued, “…what is the response? They are protected by the laws of the Constitution, by the child protection system. We worry in all the countries about the guarantee that the children by their special condition of vulnerability have special protection.”

Ms Arosemena said: “They must go to school at three-yearsold, at primary and secondary level, because at 18 they must have finished school. If they had no training or resources and are not prepared to stand up for their rights, this is not conducive.”

STATE Minister for Legal Affairs Elsworth Johnson Ms Macaulay added: “What kind of access do the poor migrants have to justice? Because I understand they have no legal aid. If that is so, what will the government intend to do about that?”

In response to claims about access to education, Mr Johnson said RB’s claim was based not only on “unsubstantiated hearsay, but on a single incident related by a parent”.

“Clearly a single incident cannot be extrapolated in support of a general allegation of “children” being turned away,” Mr Johnson said.

He added the University of the Bahamas did not turn away students who were citizens-in-waiting.

On conditions at the detention centre, Mr Johnson pointed to accolades received from the IACHR following a site visit in February. The commission was unable to physically visit the facility but commended the government on reported upgrades.

Rapporteurs on Friday underscored the need to conduct a visit given the conflicting information provided by the government and petitioners.

There was an overwhelming call by the panel for the government and civil society to collaborate

to resolve issues, with technical assistance and resources from the IACHR. For his part, Mr Johnson said there were ongoing discussions with civil society, but stressed Rights Bahamas could not continue to produce “deceptive information” as it created challenges for constructive dialogue on the issues. He was referring to booklets produced

by Rights Bahamas on migrant rights in the country and alleged human rights abuses.

Mr Johnson took issue with the use of inflammatory stock photos to illustrate themes of abuse in The Bahamas, insisting the images could be interpreted as real events when viewed by people unfamiliar with the country.

Rights Bahamas member Fred Smith congratulated the government’s efforts to address the country’s “huge” human trafficking and sex trafficking problem, and underscored the willingness of civil society to partner with the government.

Mr Smith noted the government had extended an invitation for the international body to conduct site visits of the detention centre, but continues to deny access to local groups.

“But insofar as the issues related to migrants in The Bahamas,” Mr Smith said, “I’d like to distinguish between those Haitians who are illegally coming into The Bahamas - which is a challenge for our government - as opposed to the many thousands of people who are born in The Bahamas and they’ve been there for 5-10-15-20-30-40-50 years in some cases and they don’t have documentation.

Mr Smith said: “We implore The Bahamas government to stop treating those who are born in The Bahamas and who have lived there all their lives as if they are illegal migrants.”

BELIZE: The people have

EMAIL: insight@tribunemedia.net

A

S territorial claims go, Guatemala’s claim to all – every square inch – of Belize is, perhaps, the most outrageous.

The only thing more outrageous than the scale of the claim is the argument on which it is based.

In this context, it would have been right to expect the Belizean electorate, at a referendum held on May 8, to vote a resounding “yes” to the question: “Do you agree that any legal claim of Guatemala against Belize relating to land and insular territories and to any maritime areas pertaining to these territories should be submitted to the International Court of Justice (ICJ) for final settlement and that it determine finally the boundaries of the respective territories and areas of the Parties?”

As it happened, early counts show that 55.38 percent of the voters gave their consent. At its referendum in April 2018, the majority of the Guatemalan electorate that turned out to vote, also assented to submitting the territorial issue to the ICJ. Interestingly, unlike the high voter turn-out, just shy of 65 percent in Belize, only 26.65 percent of the electorate in Guatemala showed up for the referendum, although 95.88 percent of them voted yes. Therefore, there was remarkably little interest by the Guatemalans in an ICJ decision that might quash the claim to Belize. But, a high degree of concern by Belizeans about the possible loss of their country. In the end, the majority of the Belizean voters put their faith in the legality of their cause, and the renowned fairness of the Justices of the ICJ. The Guatemala territorial claim will now head to The Hague in the Netherlands for a peaceful and legal settlement after decades of threats to the territorial integrity and security of Belize by successive Guatemala governments and their military.

Indeed, no one born since Belize became independent from Britain in 1981, knows a single day in which their lives have not been overshadowed by the Guatemala claim. The country’s development, despite the threats, has been remarkable, but it tells a story of how much more economically and socially advanced Belize could have been had this unremitting peril not hung over its head like the sword of Damocles.

T

HE ICJ will have to determine the merits of the Guatemalan claim which, basically, is the allegation it has been dispossessed of the territory constituting Belize, by British settlement. It also asserts that one clause of an ancient and arcane Treaty, which it signed with Britain in 1859, establishes the rights of its claim. For its part, Britain flatly rejected the Guatemalan argument from the outset.

Beyond the fantasy of rights accorded under one clause of the 1859 Treaty, Judge Stephen M. Schwebel, who was President of the International Court of Justice (1997-2000), has pointed out that: “The title of Great Britain and, since independence, of Belize (over all of Belizean territory), is also sustained by considerations of customary international law. Britain initially acquired title to the territory of Belize by occupation beyond the limits of the Anglo\Spanish Treaties of 1783 and 1786 as far south as the River Sarstoon prior to the acquisition of independence by Guatemala in 1821. There was thus no basis on which Guatemala could validly invoke the doctrine of uti possidetis juris (a principle of international law which provides that newly formed sovereign states should have the same borders that their preceding dependent area had before their independence) in support of its claim to Belizean territory. Nor has Guatemala ever occupied, possessed or administered

INSIGHT

MONDAY, MAY 13, 2019 PAGE 9

spoken, politicians should respect them BELIZE CITY

any part of the territory of Belize. Its claim is a claim without substance in international law”.

But, this is in the future.

Belize and Guatemala now have to seek the consent of the ICJ to hear the case. Much legal work lies ahead of both governments.

However, once it starts, the process should move rapidly. The Court’s record of delivering judgments in a timely manner is exemplary.

For now, there are other matters that are pressing, particularly a challenge in the Belizean Court by the opposition, People’s United Party (PUP), that a Special Agreement between the governments of Belize and Guatemala is unconstitutional. The Special Agreement sets out the accord between the two governments to settle the claim at the ICJ once referenda in both countries gave consent.

G

IVEN the fact that 64.93 percent of the Belize electorate turned out to vote and that 55.38 percent of that number voted in favour, the PUP should withdraw its challenge from the local court.

The majority of the Belizean people have spoken and in democracies the will of the majority prevails. Further, there was a vigorous campaign leading to the referendum in which the PUP and others strongly voiced their opposing opinions and positions to the public. Nonetheless, the majority voted to submit the territorial claim to the ICJ. There can be no greater nor more powerful voice than that of the majority in any society.

The PUP should now do the right thing and drop

their case. If they proceed with it, nothing more than delays and disruption will be achieved, and few will thank them for it. The business community, foreign and local investors, financial institutions, and clearly the people themselves, want to have finality to the Guatemalan claim so that they can plan their lives and Belize’s future.

There is greater reason for the PUP to accept and respect the voice of the people, because it is the PUP itself that did a great deal of the work to bring Belize and Guatemala to the point where a peaceful and legal settlement can be brought to this longstanding and nationally debilitating issue. National interest must prevail over party politics.

Commenting on the referendum result, the British government summed it up well in saying: “Through, at times, very lively and passionate debate, discussion and deliberations, Belizeans confirmed that the ICJ route is the best way to resolve differences.”

From around the world, other governments and peoples have welcomed the decision of the Belizean electorate to proceed to the ICJ. If others can respect the will of the Belizean people, then those who fought and lost should also do so.

The writer is Ambassador of Antigua and Barbuda to the United States and the Organisation of American States. He is also a Senior Fellow at the Institute of Commonwealth Studies at the University of London and at Massey College in the University of Toronto. The views expressed are entirely his own. Responses and previous commentaries: www. sirronaldsanders.com

INSIGHT

PAGE 10 MONDAY, MAY 13, 2019

EMAIL: insight@tribunemedia.net

Achieving college dreams through summer learning E3SPORTS

THE TRIBUNE

THANKS to StemForce Bahamas, a grant from Lyford Cay Foundations and support from other donors, Bahamian public-school students like Carmetta Barry have developed a passion for learning science while also carving a path to higher education.

Carmetta Barry, pictured right, is a member of the Class of 2019 of FOCUS, a Lyford Cay Foundations college access programme. The 2018-2019 Head Girl of C. R. Walker Senior High is also the first Junior Minister for the Environment, who while in grade 11 was selected to participate in StemForce.

How did you learn about the StemForce programme?

When I was in Grade 8 at H.O. Nash Junior High School, a recruiter from StemForce visited and invited students to apply for their summer programme held in the US. I was immediately interested because I love science, geology and the environment.

What were the requirements to apply?

I had to submit an application, my report card and an essay on why I wanted to be involved. I went above and beyond the requirements by including copies of my science certificates

and a photo of my trophy case. I was so happy when I learned I was accepted!

Tell us more about your experience in StemForce.

During the programme, we visit various locations and study science topics. We are tested daily and at the end of the summer, there is an overall test. We have to score at least 80 percent to be invited to return the next summer. I have scored an A grade each summer!

I have attended sessions in: Austin, Texas, where we studied rock types; Arizona, where we studied land formations, layers of sedimentary rocks and the development of beaches and sand dunes; and Portland, Oregon, where we studied volcanoes. I got to see an entire lake made of obsidian; it was beautiful because it looked like a huge black glass!

What has being a part of StemForce helped you develop or learn?

I’m shy around new people, but these programmes [FOCUS and StemForce] have helped me develop people skills. I met new people and broadened my horizons, gained knowledge on important scientific issues and narrowed down my career choice.

What advice do you have for students who want to explore science but may be afraid?

Friday, September 30, 2016, PAGE 3

GAIN AN EDGE A NATIONAL DIALOGUE ON HIGHER EDUCATION

Science can be difficult because there is so much information; but if you have a passion for it, work hard, view tutorials on YouTube, and join science programmes at school, you will be just fine.

StemForce Bahamas started in 2015 when Geoforce, an outreach programme of The Jackson School of Geosciences at The University of Texas at Austin, partnered with the Bahamas Ministry of Education.

To select just the right students for this tuitionfree, four-year summer programme, applicants had to go through a competitive process. Qualifications to be considered for StemForce included being a top performing Grade 9 student with at least a 90 percent average in core classes.

Students had to also demonstrate interest by writing an essay outlining how they believed the programme would contribute to their career goals.

The programme ambitiously seeks to help students master complex geology and science concepts, gain exposure to college style learning and experience personal

GAIN AN EDGE

A NATIONAL DIALOGUE ON HIGHER EDUCATION

growth. StemForce participants have been testing their own limits each summer in The Bahamas and throughout Texas, Arizona, Utah and Oregon. Every day students independently managed their schedules, waking up on their own, preparing for intense 15-16 hour learning days and setting time to study. Being so far from home taught many to push their own boundaries and discover a new realm of capability.

Advanced principles were introduced daily such as the Law of Superposition, differential erosion, plate tectonics and volcano processes, crossbedding and much, much more. Summers began with a pre-test and each day ended with a test on material covered that day.

Although it’s been challenging work, students have loved learning up close in breathtaking locations that have included famous canyons, national parks and even craters. But most importantly, the students have demonstrated dramatic leaps in knowledge with pre-tests scores on topics averaging 43 percent and post-test scores soaring to an average of 83 percent.

When surveyed by StemForce, all students reported they plan to attend college, cited enjoying team building activities and expressed undeniable excitement about beginning their final StemForce summer.

CANDIDATES COMMITTEE REPORT April 5TH, 2019 LIST OF ENDORSED NAMES: EXECUTIVE MEMBERS: 1. Rosemary E. Burrows 2. Maralyn Genette Burrows 3. William Ingraham 4. Cyril Morris Jr. 5. Wayne Thompson 6. Kameisha Delique Wells 7. Judd T. Williams TRUSTEES: 1. Jacqueline Lorene Mckenzie 2. Bolinder Newbold – Munroe 3. Vernincha Louise Delcine Simmons 4. Lana Monique Williams-Smith 5. Haldane Alfred Stubbs AREA VICE PRESIDENTS: NORTHERN BAHAMAS: 1. Ann Marie Bullard 2. Eldecia Shaquincha Ethlyn Thompson GRAND BAHAMA: 1. Quintin Howard Laroda 2. George Austin Trevor Mills.

NEW PROVIDENCE: 1. Vernon Jemell Rodgers SOUTHERN BAHAMAS: 1. Ann Louise Strachan ASSISTANT TREASURER: 1. Catherine Knowles-Stubbs 2. Katress Wells SECRETARY – GENERAL: 1. Helena Cartwright 2. Dion Damien Johnson 3. Tiffany M. Delancy-Laing ASSISTANT SECRETARY – GENERAL: 1. Juanita T. Gaitor 2. Cedricka Rolle PRESIDENT: 1. Joan Knowles-Turnquest VICE PRESIDENT: 1. Tiffany Burrell-Roberts 2. Jason Haley From the desk of John Musgrove Secretary-General The Bahamas Union of Teachers.

TO TACKLE CRIME WE HAVE TO START BY GUIDING OUR CHILDREN WHEN a child is born, they are born into a world of sin. Despite their innocence, they immediately become prisoners of their environment and the many influences around them. For some kids, these influences can lead them to a life of progress and success; however, not all kids are blessed with this type of situation.

Every day, countless kids are brought into this world amid broken homes, disrespectful adults and neighbourhood gangs, all of which play a huge role in negatively influencing these young and very impressionable minds.

These unfortunate circumstances tend to mould our youths into very disrespectful, rebellious and possibly violent individuals. Is this a definite outcome for youths in these situations? No. However, environments such as these are not easy for our youths to deal with,

causing many of them to fall victim to such a lifestyle.

I believe it is now time we citizens and residents of this country reassess our approach to this crime issue; we must now seriously consider addressing crime at the root by taking a more active role in the lives of our nation’s children.

We are all quite aware of the issues this country is experiencing as it relates to crime. My solution to this is that we continue to rehabilitate, but instead of only rehabilitating an already matured mind, we need to focus our efforts on the minds of our children

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starting at the primary school level; the boys and girls of our country who are lost and need guidance from positive individuals in an effort to save their future.

Children find themselves in situations that often lead to escalated conflicts with their peers. Many children act out their emotions in the form of teasing, gossiping and physical aggression. If left unchecked, these same behavioural patterns will transfer over to the teenage years and some of these kids will pick up a weapon such as a gun because they feel as if that is the only way to solve a conflict. So it is important we teach the children how to deal with conflicts and have on-going projects and seminars in all schools and throughout the community.

These children are crying out for help by being rebellious, turning to gangs and violence, and also turning to negative adults for attention.

There is no government, organisation or person that can do this alone. It takes the effort of all citizens and residents to join hands in the fight against crime in order to save our future which is the children and make The Bahamas a safe place for all.

THE TRIBUNE

Monday, May 13, 2019, PAGE 11

from page one

Water union hit with $25k costs after ruling

legal action over the suspension of Mr Woods’ salary was not a union matter. He adjourned the matter to last Friday, May 10, and advised the union to give serious thought over the viability of its action and the matter of costs.

Justice Thompson at the time of the adjournment pointed out that the “union leave” provision in the expired Industrial Agreement held no effect and could not be incorporated into Mr Woods’ employment contract in the absence of a collective agreement.

In response to Justice Thompson’s indication, Mr Woods in an interview with The Tribune on May 3 suggested he had some issue with several of the observations, but said he would have to review the recommendations with the union’s legal team to determine the best course of action.

The decision is the latest development in a longstanding ordeal between WSC and both its line staff and managerial unions and comes as both unions mull industrial action plans. WSMU wants a new industrial agreement to be signed. For BUSAWU, the three major issues include the “failure” of the corporation to “adhere to the promotional procedure,” WSC’s “failure” to post an organisational chart displaying which positions are filled, and an alleged breach of an agreement that concerns union member’s leave from WSC. In a press statement released Friday afternoon, WSMU President Ednel Rolle said the Water and Sewerage Corporation was

WATER and Sewerage Union president Dwayne Woods.

PAC MUST NOT BE HINDERED IN ITS INVESTIGATIONS, INSISTS WATSON

By RASHAD ROLLE Tribune Staff Reporter rrolle@tribunemedia.net

FORMER Deputy Prime Minister Frank Watson says the House of Assembly’s Public Accounts Committee should not be hamstrung in its investigations.

Leader of the Official Opposition, Philip Davis, who heads the PAC, recently tabled an interim report that said the committee has been stalled in its mandate to serve as a check on the executive. He blamed the Minnis administration’s interpretation of former House Speaker Dr Kendal Major’s 2015 ruling which said the body could investigate and review matters pertaining only to audited accounts tabled in the House of Assembly, not public accounts generally.

House Speaker Halson Moultrie has not ruled on the matter, but he told The Tribune last week that the ruling “seems odd” and may be unconstitutional, though he stressed this is only his preliminary view and he is still consulting his peers around the Commonwealth.

Mr Watson said limiting the PAC’s work to audited matters “doesn’t make any sense.”

“The audit committee of the House has certain builtin authority to examine the accounts of the government.

They can’t be hamstrung to do that, that’s just my view.

The reports out of the PAC don’t necessarily have to come from the auditor general. The PAC could decide what things they want to investigate. In fact, they’re not interested in stuff that comes from the auditor general because you have a report already. The work is done for them in that case,” he said.

Disagreement about the powers of the PAC has been a persistent controversy in the post-independence era of the Bahamas Parliament. Both major political parties have occasionally flipped on the issue depending on whether they are in power or in opposition.

In 1974, Norman Solomon, then leader of the opposition and PAC chairman, complained about difficulties encountered during investigations.

“The problem was that we just got no cooperation from any department of government that we wanted

to talk to, not even from the auditor general. We just couldn’t go in there with a baseball and hit the people over the head. If the system has to work properly there has to be that cooperation in making information available. If there isn’t you can’t take it by force,” he said.

When the Pindling administration insisted the PAC could only investigate audited accounts––the position of the current administration––the FNM complained throughout 1990.

“Only men who want to dip their hands in our cookie jar of taxes will be reluctant and unwilling to provide open access to the books of accounts to the people of the Bahamas,” former Prime Minister Hubert Ingraham, then PAC chairman, said at the time. “If you are operating an honest and decent government, operating in accordance to the laws of The Bahamas, standard accounting principles, you would have no difficulty if the shareholders representative had a look at the books. But, if you have done something wrong, then you would…cover up, hide and frustrate and deem it necessary to lie.”

That year, Mr Ingraham argued the administration frustrated the PAC only when it realised members wanted to investigate why $636,000 was sent to Crooked Island during a bye-election.

In 1997, it was the PLP that complained about being stalled. Led by former Prime Minister Perry Christie, then PAC chairman, the party wanted to learn why the government incurred a $100.3 million deficit in the first 11 months of that fiscal year. However, Elliot Lockhart, MP for Exuma, said the deficit was outside the scope of the committee because it was not contained in an auditor’s report.

In 2004, Immigration and Financial Services Minister Brent Symonette, then the PAC chairman, took a dim view of the body having power to only review audited accounts. “I have written to the speaker asking for his ruling on whether or not the opinion of Elliot Lockhart is binding on the Public Accounts Committee,” he said. “If that is correct it is a waste of time and I might as well give up and go home.”

Photo: Shawn Hanna/Tribune Staff

“stringing the union along”, adding WSC Executive Chairman Adrian Gibson’s attitude toward staff was to blame.

“The Water and Sewerage Management Union wishes to advise the general public that the Water and Sewerage Corporation is continuing to not act in good faith with the union in trying to resolve outstanding matters,” the statement read.

“We would have advised the press that there was to be a meeting on May 7, 2019. This meeting did not take place. The corporation has now advised that a meeting is scheduled for May 22, 2019.

“Yesterday, May 9, 2019 there was to be a conciliatory meeting at the Department of Labour and the corporation did not show up.

Clearly these acts show an unwillingness by the corporation to act in good faith or even to deal with the issues at all. It appears to the union that the corporation is just stringing the union along.

“In light of this position taken by the corporation, it appears industrial action is certain due to the executive chairman Adrian Gibson’s attitude towards the union and workers,” the statement claimed.

PAGE 12, Monday, May 13, 2019

THE TRIBUNE

HANDS UP IF YOU’RE HAVING FUN

ST Thomas More school pictured yesterday enjoying a cultural show.

Photos: Terrel W Carey Sr/Tribune Staff

School security a deep concern, confirms Lloyd

By RIEL MAJOR Tribune Staff Reporter rmajor@tribunemedia.net

EDUCATION Minister Jeff Lloyd has urged parents to ensure that students come to school prepared to learn, not to engage in nefarious activities. He said that campus security is under review.

Mr Lloyd told reporters on the sidelines of the HMBS Flamingo memorial service that security in schools is a very big issue.

He said: “This is a deep concern to us and I believe that the parents have to play a very important role in ensuring that students come to school to learn and participate in their educational pursuits because this is what our school is all about, not to settle scores or to engage in activities which only threaten the learning environment.

“Our school police efforts are under review at all times. Naturally we are very concerned about whatever incidences of violence that may occur on campus or in campus facilities. Yes, that is under review and I can’t say if we are going to increase only because, obviously, we have to work with the Ministry of National Security, Royal Bahamas Police Force and even to some extent the [Royal Bahamas] Defence Force.”

He added: “We are, however, reviewing our own internal security apparatus... so we can be sure we have adequate security and I don’t want to say hot spots but there are places that tend to have more security needs than others.”

When asked if schools will use CCTV and

EDUCATION Minister Jeff Lloyd metal detectors in the near future, Mr Lloyd said: “Well I wouldn’t say metal detectors but as you know we signed last year with BTC and Cable Bahamas as well as Walkers Industries early this year to digitise the entire education system.

That included security as well.

“That there is an opportunity for the principals, district superintendents and us at headquarters to know precisely by way of security by visual and other means exactly what is going on. Proper lighting, proper visual access to the school campuses so that is on the way.”

He explained: “This exercise is approximately 18 months we have already completed our first 10 schools and we expect by September we will have 40 schools to 50 schools under our belt, so we are going to be well on our way. “ The education minister also said his ministry is going to be very aggressive renovating schools for the upcoming fiscal year.

“You have heard many

times I’ve said that the plan is quite old and in need of upgrading.

“We can’t just simply keep putting off and off, especially those major repairs that are required CR Walker and HO Nash and others, such as DW Davis. We have to get on top of those because otherwise we are looking at possible unfortunate circumstances so we are going to be very aggressive.

“I’m very grateful to the Ministry of Finance for acceding to our request for an increase in funding.

Not as much as I would like, but there is an increase nevertheless, so we are hitting the ground right now.

“Even though the fiscal year has not yet started, our scope of work has been completed and we are now mobilising our teams and external vendors, contractors and others to get on the ground. Because, in some instances some repairs are going to take a little bit longer than a summer ordinarily would, so we need to get the head start that we need.”

THE TRIBUNE from page one Meanwhile, the appellate justices unanimously dismissed Dion “Breasie” Bethel’s appeal, and consequently upheld his conviction and 40-year sentence for the crime, having found no merit in his proposed grounds of appeal.

The reason why McKenzie’s conviction was overturned, according to a written ruling, was because other than McKenzie being in possession of the officer’s phone, there was no other evidence to link him to the offences.

Sir Michael further noted that the trial judge should have explained to the jury that McKenzie being in possession of Sgt Rolle’s phone did not automatically mean he was the thief; he could have been the receiver or a person who received and sold stolen goods.

However, Appellate President Sir Hartman Longley dissented on the decision to acquit McKenzie, asserting that based on the circumstances of the case, the jury was entitled to accept that McKenzie was the thief and thus the murderer.

Sgt Rolle was shot in the head and killed as he sat in his vehicle with a female friend while off duty on December 4, 2014. The incident took place around 7pm on Durham Street off Montrose Avenue.

Then-Senior Assistant Commissioner of Police Stephen Dean said police received reports of the shooting and upon arrival they found Sgt Rolle slumped over the driver’s seat of his car with gunshot wounds. He said a “female companion” was in the vehicle with the officer at the time of the shooting, but was unharmed.

Around 7.30pm, Sgt Rolle picked up his girlfriend, Shavon Seymour from her residence. They later parked in the parking lot of Bahamas Auto Parts to talk. Sgt Rolle was in the driver’s seat while Ms Seymour sat behind him.

Approximately five minutes after Sgt Rolle parked

Monday, May 13, 2019, PAGE 13

Judges overturn 45-year sentence for murdering police officer the vehicle, a person passed Ms Seymour’s window and went straight to the passenger window holding his hand straight ahead. Ms Seymour said she could not see if the person had a gun or not, although that individual told Sgt Rolle not to move and to give him everything he had.

Sgt Rolle proceeded to take the keys out of the ignition and while doing so was fumbling. He got his phone in his hand and was fumbling with his watch.

Another person then went to the driver’s side window and said, “Open the door, open the door.”

At that point, Sgt Rolle’s window was down and Ms Seymour’s window was rolled up. Ms Seymour said she fumbled in her attempt to find the lock but could not find it.

Sgt Rolle then said: “I am going to open the door.

Don’t shoot her.” The senior officer subsequently unlocked the door from the front and the person who was at his window opened the door and started feeling Ms Seymour’s pockets.

Ms Seymour said she told the two men that she did not have anything on her. However, one of them told her: “Don’t look at me! Turn around, turn your head, lay down in the seat!”

She did as was told and replied: “I am not going to look at you.”

Ms Seymour said she turned and put her head down and closed her eyes before she heard a loud bang and a groan from Sgt Rolle. After a minute or so, she started calling his name but got no answer. Afterwards, she said she got out of the car and called for help.

On December 20, 2014, Bethel was arrested and cautioned over Sgt Rolle’s murder, which he denied all knowledge of. Two days later, he gave the police two records of interview and one statement under caution, which the Crown based its entire case upon.

Additionally, Crown witness Kendia Farrington testified that on December 24, 2014, Bethel told her his brother, Kevin McKenzie

WOMAN APPEALS 20-YEAR SENTENCE ONLY TO BE GIVEN ANOTHER 15 YEARS

By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net

A WOMAN who appealed her 20-year sentence for conspiring to have her friend murdered has instead been ordered to serve an additional 15 years in prison for the crime.

Caryn Moss sobbed audibly as appellate Justice Stella Crane-Scott said her appeal was dismissed, and that she would instead be serving 35 years in prison for plotting O’Neil Marshall’s death in 2016.

Moss’ attorney, Murrio Ducille, informed the appellate court of his intent to appeal its decision to the London-based Privy Council, and asked for leave to do so last week.

However, Justice CraneScott as well as Justice Jon Isaacs informed the senior defence attorney that he would have to make an application in the proper fashion.

On April 30, 2016, Moss was picked up by a person she referred to as “Big Meech”, who took her to the airport to collect some keys.

During the ride to the airport, Moss and Big Meech concocted a plan in which she would pick up Marshall, a trusted friend of hers, around 10.30pm, drop him and the car that would be used to the end of Yorkshire Street, and that some guys would come later and “deal with the situation”, resulting in Marshall and his dead body being removed from Yorkshire Street.

Moss said “okay” to the plan and was told to call Big Meech when she picked up Marshall.

That night, Marshall was at Harvey’s Bar in Cable Beach playing poker and

dominoes when he received a number of phone calls.

Sometime around 10.30 that night, Moss, driving a right-hand silver Nissan Primera, which she claimed Big Meech gave to her, picked up Marshall near Harvey’s Bar. She then drove three to five minutes away to Yorkshire Street, a dead end, as planned.

Moss, who also lived on Yorkshire Street, drove down to the end of the corner by the dead end, turned the car around to face the corner’s exit, and parked the car close against the wall of the Glenwood Condominiums. Marshall was sitting in the front passenger seat, on the same side as the wall.

Moss then told her friend she was going to get something to smoke, and subsequently ran into the condominiums to her godfather’s home.

While there, Moss heard a number of gunshots. Meanwhile, she asked her godfather to use the phone and pretended to make a call.

When she left her godfather’s residence, she realised both O’Neill and the car was not where she had parked it. She subsequently walked home.

The following morning, Marshall’s partially burnt body, which was also riddled with multiple gunshot injuries, was found in the parking lot of the abandoned City Market on Market Street, inside the same Nissan Primera in which Moss picked him up.

Moss was later arrested, cautioned, interviewed and charged for her involvement in Marshall’s murder.

While in custody, she gave a statement to police outlining the details as to what she said happened on the

night in question, as well as her previous interaction with her co-conspirators.

Moss was tried before Justice Carolita Bethel and a jury and was unanimously convicted of the offence.

On November 27, 2018, Justice Bethel sentenced her to 20 years’ imprisonment minus the on year spent on remand.

Moss appealed both her conviction and sentence, arguing that there was no evidence of conspiracy; that her defence of duress was never heard by the jury; and that the verdict against her was unreasonable and the sentence harsh and excessive.

Meanwhile, the Crown appealed Moss’ sentence on the grounds that her sentence was based on the wrong principles of law and thus unduly lenient.

The appellate court ultimately found no merit in any of Moss’ grounds of appeal, and also sided with the Crown’s assertion that her sentence was unduly lenient.

The appellate court said there was nothing in the trial judge’s findings that could justify such a “drastic departure” from the accepted scale established for a sentence concerning a conspiracy to commit murder conviction.

“Society’s displeasure of acts of this nature is reflected in the lengthy maximum sentence imposed by Parliament,” the appellate judges said. “It therefore follows that the court ought to recognise the offence of conspiracy to commit murder as a serious offence, especially where the murder, which was the subject of the conspiracy, has taken place and the penalty should reflect the seriousness of the offence.”

aka “Sheva”, should have never sold her a phone.

The Crown’s case was that police initially found the phone in Farrington’s possession, and that she said she bought the phone from McKenzie. Thus, the Crown sought to establish the phone she bought was the same phone stolen from Sgt Rolle.

Bethel and McKenzie were subsequently both formally charged with murdering Sgt Rolle and robbing him at gunpoint of a Samsung Galaxy S5.

During trial, Bethel opted to testify in his defence, and said on the date in question, he was with a man named Trevor Bethel all day up until 6pm when Trevor Bethel was shot in his hand.

Bethel said the only time he left Bethel’s house was when he went to Princess Margaret Hospital (PMH) with Trevor’s sister Shantara Bethel to see him.

Bethel said he and Shantara also went to two restaurants to get something for Trevor and his mother to eat. He said he

took the food to PMH and upon going through the security checkpoint, the metal detector went off because he had a lighter on his person. He said he stayed at PMH for a while before later being dropped off at Bethel’s house.

Bethel also claimed that on December 22, 2014, he was beaten and ‘fishbagged’ by police while at the Central Detective Unit (CDU), who told him they had already killed his brother and that they would kill him next. He said when he told them he didn’t do anything, they responded by saying if he didn’t do anything, he should just do as they said and that they would consequently let him go. Bethel claimed he did everything they told him to but he still found himself charged for something he had no knowledge of.

He further claimed that after being beaten, then taken to the scene of the crime and to his mother’s house, they took him back to CDU. Once there, and while being interviewed by

a police officer, Bethel said his interrogator was looking at him and talking under his breath to make sure he answered the questions in the right way.

He said prior to the officers taking him to the crime scene, he did not know where the crime scene was.

McKenzie also gave sworn evidence during trial.

He said on the date in question, he was at Quakoo Street at Trevor Bethel’s residence. He said he took Farrington to a friend who had a phone for sale. He claimed he never had possession of the phone but merely passed the phone from his friend to Farrington and did the same with the money from Farrington to his friend.

He also claimed he was abused by police while in custody resulting in him having to receive treatment at PMH. Christina Galanos represented Bethel on appeal.

Ryszard Humes represented McKenzie.

Cordell Frazier represented the Crown.

PAGE 14, Monday, May 13, 2019

THE TRIBUNE

CUBAN GAY RIGHTS GROUPS HOLD UNAUTHORISED MARCH IN HAVANA HAVANA Associated Press

GAY-RIGHTS activists organizing on social media held an unauthorized march at the weekend down eight blocks of one of Havana’s main thoroughfares before they were stopped by police.

The march was the second by a non-governmental organisation in Cuba in slightly more than a month. That’s highly unusual in a country where the only legal civil society groups are de-facto arms of the Communist government.

Any sort of unofficial march or demonstration has long been met

with a swift and overwhelming police response.

On April 7, more than 400 animal-lovers received an official permit and peacefully marched more than a mile through Havana, shouting slogans and waving signs calling for an end to animal cruelty.

Saturday afternoon’s gay-rights march received no such permit but police and plainclothes statesecurity agents allowed it to proceed from a gathering point in Havana’s Central Park, along the Prado boulevard until it reached the Malecon, the capital’s famous seaside promenade.

A handful of marchers were

arrested when they attempted to push through a massive police presence and continue onto the Malecon. “It was a complete success because we got so many people together despite all the expectations of government interference,” said Raul Soublett, a 26-year-old gay rights activist.

“It’s historic.”

The march was organized largely using Cuba’s new mobile internet, with gay-rights activists and groups of friends calling for a march over Facebook and WhatsApp after the main government-run gay rights organisation, the Center for Sex Education, canceled a Saturday march. The government

CUBAN police detain a gay rights activist taking part in the march. group known its Spanish acronym CENESEX said it was canceling its annual Conga Against

Homophobia and Transphobia because unnamed groups were attempting “to distort the reality of Cuba and use our Conga to discredit, divide and substitute the true meaning of the event.”

In response, activists called for the Saturday gathering in Havana’s Central Park, a plaza in the heart of the capital’s historic centre. Some gay-rights activists said online that police had tried to prevent them from leaving their homes Saturday with threats of unspecified repercussions. But more than 100 assembled and marched, chanting “It could be done!” and “Diverse Cuba!” and waving rainbow flags.

MEXICAN WRESTLER DIES IN THE RING

BERLIN LOOKS BACK AT THE BLOCKADE BERLIN Associated Press BERLINERS yesterday celebrated the 70th anniversary of the day the Soviets lifted their blockade strangling West Berlin in the post-World War II years with a big party at the former Tempelhof airport in the German capital.

Among the invited guests of honour was 98-year-old US pilot Gail Halvorsen, who dropped hundreds of boxes of candy on tiny parachutes into West Berlin during the blockade.

The airlift began on June 26, 1948, in a plan to feed West Berlin after the Soviets blockaded the city in an attempt to squeeze the US, Britain and France out of the enclave within Soviet-occupied eastern Germany.

LONDON Associated Press

RETIRED Col Gail Halvorsen attends a ceremony to dedicate the baseball and softball field of the Berlin Braves baseball team in Gail Halvorsen Park yesterday. Halvorsen is known as the “Candy Bomber,” “Chocolate Pilot,” and “Uncle Wiggly Wings,” for the small candy-laden parachutes he dropped from his aircraft to children during the Berlin Airlift of 1948-1949.

US issues new warning after ‘sabotage’ off UAE DUBAI Associated Press THE US issued a new warning early this morning to sailors over alleged “acts of sabotage” targeting ships off the coast of the United Arab Emirates amid heightened regional tensions between America and Iran.

The UAE’s regional allies meanwhile condemned the reported sabotage yesterday of the four ships off the coast of Fujairah, which came just hours after Iranian and Lebanese media outlets aired false reports of explosions at the city’s port.

Emirati officials have declined to elaborate on the nature of the sabotage or say who might have been responsible. However, the reported incident comes as the US has warned ships that “Iran or its proxies” could be targeting maritime traffic in the region, and as America is deploying an aircraft carrier and B-52 bombers to the Persian Gulf

to counter alleged threats from Tehran.

Tensions have risen in the year since President Donald Trump withdrew the United States from the 2015 nuclear deal between Iran and world powers, restoring American sanctions that have pushed Iran’s economy into crisis. Last week, Iran warned it would begin enriching uranium at higher levels in 60 days if world powers failed to negotiate new terms for the deal.

Underling the regional risk, the general-secretary of the sixnation Gulf Cooperation Council described the alleged sabotage as a “serious escalation” in an overnight statement.

“Such irresponsible acts will increase tension and conflicts in the region and expose its peoples to great danger,” Abdullatif bin Rashid al-Zayani said. Bahrain, Egypt and Yemen’s internationally recognized government similarly condemned the alleged sabotage.

A statement from the UAE’s

Foreign Ministry put the ships near the country’s territorial waters in the Gulf of Oman, east of the port of Fujairah. It said it was investigating “in cooperation with local and international bodies.” It said there were “no injuries or fatalities on board the vessels” and “no spillage of harmful chemicals or fuel.”

The US Navy’s 5th Fleet, which oversees the region, did not immediately offer comment. Emirati officials declined to answer questions, saying their investigation is ongoing.

Earlier yesterday, Lebanon’s pro-Iran satellite channel AlMayadeen, quoting “Gulf sources,” falsely reported that a series of explosions had struck Fujairah’s port. State and semi-official media in Iran picked up the report from Al-Mayadeen, which later published the names of vessels it claimed were involved.

Fujairah’s port is about 140 kilometers south of the Strait of Hormuz, the narrow mouth of

the Persian Gulf through which a third of all oil at sea is traded.

The facility handles oil for bunkering and shipping, as well as general and bulk cargo. It is seen as strategically located, serving shipping routes in the Persian Gulf, the Indian subcontinent and Africa.

Yesterday’s incident comes after the US Maritime Administration, a division of the U.S. Transportation Department, warned that Iran could target commercial sea traffic.

“Since early May, there is an increased possibility that Iran and/or its regional proxies could take action against U.S. and partner interests, including oil production infrastructure, after recently threatening to close the Strait of Hormuz,” the warning read. “Iran or its proxies could respond by targeting commercial vessels, including oil tankers, or U.S. military vessels in the Red Sea, Bab-el-Mandeb Strait or the Persian Gulf.”

A WELL-KNOWN Mexican wrestler who co-starred in the comedy “Nacho Libre” has died of a suspected heart attack after collapsing on stage in London.

Cesar Cuauhtemoc Gonzalez Barron, the lucha libre star known as Silver King, performed on Saturday night at The Roundhouse. The north London venue said yesterday that he died during the event..

The 51-year-old Gonzalez appeared as a champion wrestler and comic villain in the 2006 movie Nacho Libre, which starred Jack Black as a monk who wants to be a masked luchador.

Lucha libre is a popular form of wrestling in Mexico that features colorful masks, elaborate costumes and acrobatic techniques.

Lucha Libre World, which promoted the Roundhouse event, said in a statement the star “suffered what we believe was a cardiac arrest while performing in the show and sadly passed away.”

Attendee Roberto Carrera Maldonado told the BBC the wrestler’s condition initially appeared “staged” as part of the fight, before efforts were made to revive him.

“All of us were really shocked. It wasn’t clear what was happening,” Maldonado said. “I had the impression they didn’t know what to do.”

Silver King competed in World Championship Wrestling between 1997 and 2000.

PILOT LANDS AIRCRAFT WITHOUT WHEELS AFTER LANDING GEAR FAILS YANGON, Myanmar Associated Press

A MYANMAR National Airlines plane made an emergency landing at Mandalay International Airport yesterday, using only its rear wheels after the front landing gear failed to

deploy. All 82 passengers and seven crew members aboard Flight UB103 from Yangon were declared safe after the Brazilianmade Embraer 190-LR touched down on its rear sets of wheels before the plane’s nose tilted down to scrape the runway, sending off a shower of sparks as

it slowed to a stop. Kyaw San, a spokesman for the airport, said the pilot informed the control tower before landing that he was unable to pull down the nose wheels. The captain followed emergency procedures to dump fuel to reduce the landing weight, and made a safe landing.

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THE TRIBUNE

Monday, May 13, 2019, PAGE 15

39 YEARS ON, FLAMINGO MARINES ARE REMEMBERED

By RIEL MAJOR Tribune Staff Reporter rmajor@tribunemedia.net

POLITICIANS, family members and friends of the four Bahamian marines killed in action 39 years ago during the sinking of HMBS Flamingo joined the Royal Bahamas Defence Force at Coral Harbour Base for a special Morning Colours ceremony on Friday.

Each year, the Royal Bahamas Defence Force remembers those officers who gave their lives in the service of their country.

At the ceremony, Governor General Dame Marguerite Pindling paid tribute the “four valiant sons of our nation” who gave their lives when the ship sunk almost four decades ago.

She said: “Able Seaman Fenrick Sturrup, Marine Seamen Austin Smith, David Tucker and Edward Williams gave their lives in protection of our heritage.

It was a time of national distress, of sadness. Our nation was forced to face the realities of self -governance and the meaning of sovereignty. It also is a reminder of our need to be able to defend our

homeland forever and whenever necessary.”

Dame Marguerite noted the incident was a defining moment in Bahamian history and our relationships with communities of nations.

“Ordinarily such an incident would have caused a rift in relations between two neighbours but very early it was clear that there was a shared determination to maintain good relations.

Today, the Bahamas and the Republic of Cuba continue to work together with mutual respect and in the interest of our common objectives and peace and security.”

On May 10, 1980, after arresting two Cuban fishing vessels near the Ragged Island chain, Able Seaman Fenrick Sturrup, 21, Marine Seaman Austin Rudolph Smith, 21, Marine Seaman David Allison Tucker, 21, and Marine Seaman Edward Arnold Williams, 23, were killed when Cuban jets fired on and sank HMBS Flamingo.

Observers recognise the tragic event as not only a defining moment in the history of the embryonic RBDF, but also for The Bahamas.

PAGE 16, Monday, May 13, 2019

THE TRIBUNE ALLEGED killer Franklin Delano Williams in court

JAMAICAN CHARGED WITH DOUBLE MURDER

By RASHAD ROLLE Tribune Staff Reporter rrolle@tribunemedia.net

A JAMAICAN man has been charged with murdering two women in Miami, including Bahamian Sophia Simpson.

Police reportedly discovered the bodies of the women inside a bedroom of a high-rise condominium building where the women lived with their alleged killer, Franklin Delano Williams, 46.

Police forced their way into the building and found both women stabbed multiple times.

Williams told police Simpson was his girlfriend.

Orlando Rodrigues, a spokesman for the City of Miami Police Department, said: “On Tuesday, May 7, 2019, at approximately 8.09pm, the Miami Police Homicide Unit received information from Homeland Security investigations that Franklyn Williams spontaneously confessed to stabbing and killing two females.

“Mr Williams, post Miranda [rights], stated that he lives with and has been victim one’s boyfriend for ten years and that victim two lives in the apartment with them. Mr

Williams stabbed victim one during an argument.

During the stabbing, victim two came into the master bedroom and grabbed Mr Williams from behind and he stabbed her in the neck.

Mr Williams recalls committing the murders on Thursday, May 2, 2019, just after midnight.”

As news of the killing spread, several Facebook users wrote about their connection to Simpson.

“Very sad, I grew up with her and her sister and brother,” one said. “Lost for words.”

Another user said: “Wow…this is a blow tonight. God obviously brought you to my house a few months ago for a reason. We talked until 1am. RIP Sophia. I am so lost for words.”

Brenda Montelier, a resident of the condominium, said the trio had just moved in about two weeks ago, according to Local 10 news.

“I am in shock. Like, I don’t even know how to react,” she said.

Records reportedly show Williams is facing charges in separate cases involving accusations of racketeering, money laundering, grand theft and fraudulent use of identification.

TWO BAHAMIANS FACE CHARGES IN FLORIDA US AUTHORITIES say two Bahamian men face charges related to immigrant smuggling and illegal reentry in Florida.

A US Attorney’s Office news release says 35-yearold Donald Nehemiah Watson and 24-year-old Travis Jamaal Moss were arrested last Monday after their boat was stopped off the coast of West Palm Beach. Watson was charged with alien smuggling and Moss was charged with reentry by an

illegal alien after deportation. The release says officials with US Border Patrol and the Palm Beach County Sheriff’s Office Marine Unit tried to stop their vessel, but it turned and fled east. Law enforcement eventually caught the vessel when it ran out of fuel.

Officials say the vessel was captained by Watson and occupied by Moss, who had been previously removed from the United States.