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VOLUME:115 No.208, SEPTEMBER 20TH, 2018

THE PEOPLE’S PAPER:$1

OFFICIA

CLASSIFIED TRADER: CARS, CARS, CARS & MORE CARS

Hang up and drink up too Drivers face ban from using phones and booze in cars

By RASHAD ROLLE Tribune Staff Reporter rrolle@tribunemedia.net PROPOSED amendments to the Road Traffic Act will make it illegal to drive or operate a vehicle while using a cellphone, or with an open alcoholic beverage.

Failing to “immediately” produce one’s drivers licence and insurance certificate when asked to do so by police will also become illegal as the

INSIDE

MEDICS MARCH OUT

Minnis administration eliminates provisions that gave drivers two days to produce such documents in order to escape penalties.

The Bill tabled yesterday makes it illegal to drive or operate a vehicle while using an electronic communication device, “whether by holding in one hand or both hands or with any other part of the body or otherwise,” unless the device is attached to the

THE GOVERNMENT has gone back to the drawing board on plans to relocate the General Post Office, according to Transport Minister Renward Wells.

The plan had been to move the General Post Office to the old Phil’s food store building on Gladstone Road but Mr Wells said cabinet has discovered it would cost more to renovate the building than it had budgeted.

By DENISE MAYCOCK Tribune Freeport Reporter dmaycock@tribunemedia.net A RELATIVE of slain Deadman’s Reef couple Barry and Sheena Johnson told the Supreme Court her family continues to struggle with the pain of how they were “murdered and left like animals” three years ago.

In a statement read on behalf of the Johnson family at the sentencing hearing of convicted killer Devaughn “Short Man” Hall, Candy Johnson said: “Today marks three years since Barry and Sheena were murdered. The way they were murdered and left like animals, we bear the pain that will never be erased.”

The sentencing hearing was held on the anniversary of the couple’s brutal murder. Barry

FOOTAGE OF POLICE ASSAULT ‘APPALLING’

SEE PAGE FIVE

“The government had identified a building that we were going to renovate to move the General Post Office from to that site but what ended up happening is what we realized that the amount of renovations that is needed is beyond what we had budgeted for,” he said. “We anticipated it was going to be about $4m to renovate the building. Obviously it is a whole lot more than that and the Ministry of Works is now going through the whole design process as to how we SEE PAGE NINE

FAMILY’S AGONY OVER DOUBLE MURDERS

SEE PAGE FIVE

POST OFFICE MOVE: IT’S BACK TO SQUARE ONE

By RASHAD ROLLE Tribune Staff Reporter rrolle@tribunemedia.net

L SOUR CE

By RASHAD ROLLE Tribune Staff Reporter rrolle@tribunemedia.net

PRACTITIONERS took part in a walk-out at the Princess Margaret Hospital yesterday over persisting issues between the Bahamas Doctors Union and senior health officials. See page three.

Photo: Riel Major

NATIONAL Security Minister Marvin Dames conceded yesterday the Royal Bahamas Police Force must be more transparent with the public about its investigations into use-of-force incidents involving police officers.

He was speaking after a viral video showing a bloodied, handcuffed man being restrained by police sparked outrage on social media, spawning thousands of shares and hundreds of comments from people who SEE PAGE SEVEN

HUTCHISON ESCAPED $3M STAMP DUTY BILL

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

THE Government was “too nice” in allowing Hutchison Whampoa to exit its Grand Lucayan debacle without paying $3.25m in Stamp Duty and pocketing other payments/ concessions.

The sales agreement, formally released yesterday as the Government tabled the resolution seeking Parliamentary approval to guarantee $35m in funding

THE GRAND Lucayan resort for the resort’s purchase, reveals the Minnis administration agreed to pay 100 percent of the Stamp Duty associated with the resort’s sale.

Hutchison Whampoa has also been allowed to keep all the insurance proceeds

it received for Hurricane Matthew-related damage at the Grand Lucayan, which are estimated to be between $80-$85m, even though the original claim submitted was for $120m.

The documents then show the subsidy due to the Hong Kong conglomerate for keeping Freeport’s sole mega resort property open beyond August 1, 2018, is $1.5m per month- not $1m as reported earlier this week.

SEE BUSINESS SECTION

Nassau & Bahama Islands’ Leading Newspaper

DIANE PHILLIPS: WHEN IS IT TIME TO TRADE OLD FOR THE NEW?

SEE PAGE EIGHT

PAGE 2, Thursday, September 20, 2018

THE TRIBUNE

TRIBUTES TO SCULPTURE AND ARTIST

STEPHEN G E BURROWS

By RIEL MAJOR

PROMINENT Bahamian sculptor and artist Stephen G E Burrows, who dedicated his life to the culture of art in public spaces, has passed away.

The 80-year-old was the first Bahamian steel and metal artist to have his artistry publicly showcased throughout the islands of The Bahamas.

He created landmark sculptures that have delighted both Bahamians and visitors alike for decades, and his life’s work was memorialised in 2014 with the establishment of the Stephen G E Burrows Foundation.

The objective of the foundation, formed by the seven children of Mr Burrows – LaVerne Deleveaux, Linda Treco, Stephen Burrows Jr, Lisa Bastian, Laurell Burrows,

RESTORATION work of Stephen G E Burrows’ sculptures in 2013.

Faye Burrows and Felice Burrows – is to manage, maintain and continue their father’s work, which began in 1973.

The family of Mr Burrows created a profile for Mr Burrows on foevermissed.com, where family member, friends, and supporters can read about his

life, make tributes, and upload photos and videos.

A tribute by his son Stephen Burrows Jr, read: “Gonna miss you Stephen G E Burrows.... Unequivocally the greatest man to walk this earth since Jesus (my opinion). You left some huge shoes that I wouldn’t even attempt

MR BURROWS and his wife E. Shirley Burrows.

to fill, but your life, your integrity, commitment, dedication to God, Shirley, your Kids is a blueprint we should all emulate.

Just carrying your name is sometimes a burden...I’ve always wished that I could be like you and beat myself up when I fall short.”

“But, during our last most serious conversation, you blessed me...and as your only son, that blessing changed my life. You gave me permission to be me, to be true to God and my family. I still fall short of perfect, but that burden is lifted. I don’t even mourn you leaving because you’ve filled the lives of Shirls, La Verne, Linda, Lisa, Lau-

“The Bahamas knew Stephen G E Burrows for these magnificent pieces but to my cousins, siblings and I, he was our Uncle, who told us at every opportunity how beautiful and special we all were.”

Mr Burrows’ niece Valerie Dean rell, Faye and Felice with soooo much beautiful memories. Memories of a fun loving, curious, funny, turkey baking, jacks playing, spades lovin’, Chinese checkers masterin’, peas n rice cookin’, always debating, coot shootin’ man of so much color. Gonna miss you Steve. Don’t go up in heaven trying to build no sculpture....its time for you to relax..... Love you big guy!”

Mr Burrows was best known for his creative pieces such as: the Conch Shell - John F Kennedy Drive and Westridge roundabout; White Crown Pigeon - JFK Drive and Blake Road roundabout; Flamingo - Clarence Bain Building, Thompson Boulevard; Rooster Tonique Williams-Darling Highway and Baillou Hill Road roundabout; Bacardi Rat Bat - Carmichael and Bacardi Roads; Pompey Steventon, Exuma; Iguana - San Salvador; and the

• • • •

Abaco Parrot - Marsh Harbour, Abaco.

He worked as a mechanical engineer and the former station manager of the Bahamas Electricity Corporation from 1956 until his retirement in 2008.

The first piece by Mr Burrows, the Coat of Arms, was created to celebrate the Bahamas’ independence.

The Lobster, which is no longer standing, was perhaps the most popular piece by Mr Burrows, followed closely by the Conch Shell.

In 1984, Mr Burrows created an 18-foot Iguana, which the government of the Bahamas offered as a gift to the Wadsworth Atheneum in Hartford, Connecticut.

In 2014, his newest piece called the Triton Trumpet was slated to be displayed at the roundabout at John F Kennedy Drive and Thompson Boulevard.

At the time it was just weeks away from completion, and it was described as his most dynamic piece: a 30-foot dragon with mechanics built in, allowing it to emit fire and/or water.

In another tribute, his niece Valerie Dean wrote: “The Bahamas knew Stephen G E Burrows for these magnificent pieces but to my cousins, siblings and I, he was our Uncle, who told us at every opportunity how beautiful and special we all were.

The younger Valerie was jealous of my cousins who lived down the street from him, even though I had the bestest tea making Uncle at home. Aunt Shirley, La Verne, Lisa, Linda,Stevie, Laurell, Faye & Felice. We mourn with you but please be assured our unceasing prayers as you continue to make him ‘Oh So Proud’.

May His Soul Rest in Peace and Rise in Glory!

We love you Unca Steve, The Dean Clan.”

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THE TRIBUNE

Thursday, September 20, 2018, PAGE 3

UNION WALK-OUT AT PMH

By RICARDO WELLS Tribune Staff Reporter rwells@tribunemedia.net THE Bahamas Doctors Union President Melisande S Bassett yesterday led practitioners in a walk-out at the Princess Margaret Hospital over persisting issues between the group and senior health officials.

“Our heads have been bruised, we are bloodied, beaten; but we will not bend,” was how Dr Bassett characterized the plight of doctors at health facilities across the country.

The PHA yesterday issued a press release extending to the BDU an invitation to meet to discuss issues. The PHA press release noted an invitation had also been extended last month when the two groups met to welcome the union’s new slate of officers.

Stopping short of calling for major industrial action yesterday morning, Dr Bassett said practitioners are on the brink and are tired of being forced to work through severe conditions.

Backed by rows of doctors, nurses and other unionists holding plaque cards which detailed the various issues being faced in the health sector, Dr Bassett contended that for years, medical personnel have been marginalised, mistreated and abused.

She said despite the treatment, doctors have persevered primarily because of their respective honour and oaths.

However, she insisted that the time had come to speak out and address the many issues that have gone unchecked for decades.

“Today we just ask that the marginalisation and the misalignment of the doctors, the illegal practices be stopped,” she said.

Among the issues being challenged are the government and Public Hospitals Authority’s refusal to honour maternity benefits, overtime pay, holiday pay, work duration agreements, licensing and registration protocols and address several longstanding adverse working conditions.

Referring to the grievances yesterday, Dr Bassett insisted the “systematic discrimination” needed to be immediately addressed.

“Why is it that any employer, much less the government, is allowed to refuse to pay double pay or double time for persons that work on holidays?” she asked.

“For as far as our records go back, doctors have not been paid for holiday. They have not been given holiday pay.”

She continued: “In 2014, we had an agreement, signed an agreement that has yet to be recognised in totality for doctors to be paid for holiday work. The double pay that every citizen in the Bahamas is afforded.”

“That has not been done.”

Dr Bassett said: “Why is it that any employer, much less the government, much less the Public Hospitals Authority, refuses to pay its female doctors for maternity leave?”

“Why do we have to take you to court to get you to pay these doctors who go on maternity leave?

“That is a benefit for all

PRACTITIONERS protesting outside Princess Margaret Hospital yesterday. Photos: Photo: Riel Major Bahamians. We should not have to fight you on that at every turn.

“Despite taking you to the Labour Board, despite getting victories in some areas; we are still begging you to honour the law in that regard.”

Addressing concerns over the licensing and registration of junior doctors, Dr Bassett said the entire process needed to be revisited and reexamined because it doesn’t fairly assess applicants.

Additionally, she said the process doesn’t adequately address the decisions behind why some practitioners are rejected, while others are contracted.

Issues Addressing other outstanding issues, Dr Bassett added: “Why is It that successive governments have failed to provide a proper on-call suite for doctors in Grand Bahama?”

“They sleep on recliners, couches and this has been for years; in a room where the stench of the sewer is stifling.

“We have asked, we have sat at the table and asked for these issues to be addressed.

They have not.”

“We are at the point where we are losing doctors daily because foreign entities are picking them up,” she said.

“Right now Grand Bahama has just lost five of its doctors in one month because we are being marginalised and mistreated.”

She continued: “We ask that you sit with us, talk with us sensibly, truthfully, honestly and deal with these simple issues that no Bahamian worker, whether they are employed for a private entity, much less the government, should have to face.”

Bahamas Nurses Union President Amancha Williams, who stood shoulder-to-shoulder with Dr Bassett and the

BDU, yesterday urged the Minnis administration to “get it right.”

Ms Williams said their organisations are taking a stand because the country depends on them. “…. The health of the nation is the wealth of the nation. Poor health, poor nation. You have the nurses and the doctors together.

I don’t think that’s good.

But, hey, we are standing together.”

Less than an hour after the BDU publicly aired its grievances, Health Minister Dr Duane Sands responded to reporters outside of Parliament.

Dr Sands said the government has always been willing to sit down with representatives of the union and discuss the various concerns.

Speaking specifically to the issues with Critical Care block’s cooling system, Dr Sands agreed that the issue had now become a “vexing problem,” but insisted that it is being addressed.

“Just over the weekend we would have had a consultant come down to assess the cooling system,” he told reporters, “and what we have found is that there is a number of challenges with the sensors and controls that caused a number of the compressors attached to the chiller systems to kick out.”

He continued: “Just to give you a very simple idea of the challenge, the critical care block was brought online in 2014, and there are four major chillers, each of which provides just under 200-tons of air-conditioning capacity.”

Dr Sands said the assessment of the system also revealed that many of the compressors and chillers were not functioning anywhere near capacity, despite the fact that a brand new chiller was installed just under a year ago.

An issue he said could not

be fixed by any local team.

“Once we had the representative come in, they were able to get a number of the compressors and the chillers online and I am happy to report that since the weekend, the temperature in the Critical Care block has been comfortably at 70 degrees, which is the ideal working condition, 69, 70 degrees.

“We do acknowledge, however, that there is a serious problem with the existing chillers that have lost their useful life and the Public Hospitals Authority and PMH is going to have to invest hundreds of thousands of dollars, additionally, for sensors and new chillers.

“We believe that we have enough capacity on stream now to allow us the time to order, import and install the added equipment, as well as the appropriate monitoring system,” Dr Sands said.

On the issue of the registration and licensing of junior doctors, Dr Sands asserted that matter was entirely under the purview of the Medical Council of the Bahamas, an entity he said, that could not be dictated to by the government.

“There are differences in licensing requirements depending not on the status or standing of the (practitioners). You have interns, you have junior doctors, SHOs, registrars; then you have senior registrars, consultants, generalists and specialists,” Dr Sands said.

“Every year, the license of a physician has to be renewed, but for those people going from intern to the next level, all considered to be provisional licensees, there is a requirement when you transition from intern into SHO, that a certain application be filled out with references.

“The Bahamas Medical Council is entirely able to define what is an acceptable referee and they have raised some concerns,” he said.

Minister “Bear in mind that the statutory powers of the council are not to be interfered with.

And so, the minister cannot dictate to the council whether they feel someone is a fit and proper person to be licensed and registered.

“If individuals are grieved, they have the ability to go to the courts to go and get that resolved,” he added.

Meanwhile, on the topic of maternity leave, Dr Sands said the Public Hospital Authority (PHA), which has oversight for the provision, is a part of the Ministry of Health and as such, conforms to the laws of the Commonwealth of the Bahamas.

Additionally, Dr Sands said junior doctors have major medical insurance paid for and provided by the PHA. To that end, he said there may be some specific issues that the BDA wishes to see differently, with respect to the terms of maternity benefit.

“I understand,” he told reporters. “I am informed that this matter has been discussed and some resolution had been obtained. I don’t wish to say anything further because there may be some particular issues that we have not covered.”

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PAGE 4, Thursday, September 20, 2018

THE TRIBUNE

The Tribune Limited NULLIUS ADDICTUS JURARE IN VERBA MAGISTRI “Being Bound to Swear to The Dogmas of No Master”

LEON E. H. DUPUCH,

Publisher/Editor 1903-1914

SIR ETIENNE DUPUCH,

Kt., O.B.E., K.M., K.C.S.G., (Hon.) LL.D., D.Litt .

Publisher/Editor 1919-1972 Contributing Editor 1972-1991

EILEEN DUPUCH CARRON,

C.M.G., M.S., B.A., LL.B. Publisher/Editor 1972-

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Will Woodward’s words see history repeat itself?

Bob Woodward is 75-years-old. He grew up west of Chicago, the son of an Illinois judge and graduated from Yale in 1965. After five years in the U.S. Navy, some spent at sea, he turned down an acceptance to study at Harvard Law School to start in journalism.

Although his application was initially deferred, he was later accepted as a reporter for the Washington Post in 1971.

The following year, he and colleague Carl Bernstein were assigned to cover a “third rate burglary” at the fancy Watergate apartment complex along the Potomac River in Washington, DC. Eighteen books including a dozen bestsellers later, Woodward has won two Pulitzer Prizes, has been married three times, has a daughter born 22 years ago, and is still telegenic, though not as much as the actor Robert Redford, who played him in the 1976 movie All The President’s Men. His reporting on the Watergate scandals that brought down the Richard Nixon presidency has been hailed as possibly the most distinguished journalism in American history.

In his books and newspaper stories chronicling presidents since Nixon, Woodward has a Robert Mueller-like reputation for thoroughness, accuracy and integrity.

His books are generally regarded as unimpeachably objective.

So when Woodward’s most recent book appeared last week, it was greeted with much fanfare. “Fear: Trump in the White House” has quickly surged to the top of the bestseller lists.

Political observers are treating as truth the information in the book, which Woodward is dutifully publicising with media appearances.

One of these occurred when Woodward appeared on the highly respected Public Broadcasting System programme Washington Week. In a discussion with Washington Post White House correspondent Robert Costa, Woodward discussed Trump and his presidency.

Costa led off by asking what had most surprised Woodward as he researched the book. “I was stunned by the degree to which his staff keeps trying to bring Trump into the political mainstream,” Woodward said, amazement still clear in his face. “Trump appears to rule outside the law.

“I was also startled to hear, and observe in his tweets and speeches, how little the president’s beliefs have

evolved over the past 30 years or so.”

Trump does seem to believe stuff that has had little validity for decades.

Woodward said Secretary of Defence Jim Mattis has become the steward of American trade, security and special international relationships.

He cited an incident during the ongoing Trump tap dance with notoriously unreliable North Korean dictator Kim Jong-un. “At one point,” Woodward reported, “Trump was threatening to pull out all American dependents from South Korea. No one knew how Kim would react, but Kim could logically see this as a prelude to armed invasion, and who knew how he would respond to such a provocation? As the Pentagon deflected this erratic presidential impulse, it amounted to an administrative coup d’etat. ‘We have to save the country,’ an official told me.”

Woodward said that when Trump imposed steel tariffs on China and threatened others, “everyone knew it was a mistake”.

Trump’s assertions that Syrian President Assad and Venezuelan President Maduro should be assassinated were other impulses that Woodward reported had been stymied by administration officials who feared their consequences for the U.S. The Mueller investigation seems to exert an almost uncanny effect on Trump and his administration, Woodward said. “I’m frankly amazed,” he reported. “It feels like Trump is tied up and paralysed” by the Mueller probe.

For Woodward, the challenges presented by Trump are unique and unprecedented in American history.

“This is a president with no operating theory. There is no team of wise, trusted advisers. There seems to be little if any collaboration with other nations or even American political leaders. A leader must listen to others, but there is scant evidence that Trump does so.

“You simply cannot run a complex country like the United States on untruth. This is a genuinely troubling time,” Woodward concluded.

“Former Arizona senator Barry Goldwater famously told Nixon ‘there have been too many lies, too many crimes.’ Nixon resigned the next day.

It makes me wonder, where is Trump’s tipping point?”

Woodward certainly helped bring down a flawed American president 45 years ago.

Will history repeat itself?

Questions over BPL and URCA EDITOR, The Tribune. I recall a huff and a puff in January, 2018 advising the THERE is a headline public that BP&L were in today: URCA to investi- default of Regulations. gate BPL fires attributed So fires at BP&L are to URCA’s CEO Bereaux. more important than a With respect to Mr clear breach and avoidBereaux where is the ance of the Law and investigation as to why seems URCA is complicit BP&L who are totally to questionable process governed through URCA in regards to the 80MW did not apply under stand-by generator RFP. Articles…15…25-28 for I and hundreds are permission to change the ashamed at the total lack type of generation and of required process and fuel at Clifton? compliancy with the law This is a requirement by URCA and BP&L and under Law - Electricity further the obvious clear Act 2015 and URCA has unquestionable lack of sat on its backside since process in regards to the September, 2017 and done standby generator RFP. absolutely nothing except URCA it might be time

to redeem yourself but you have to rush BP&L are under orders from Cabinet sign with haste that deal with Shell America whether or not any or all parts are questionable.

Do we have any ethical or moral standards left - Editor?

JULIA MURPHY Nassau, September 19, 2018.

(We understand that BPL’s position is that in this case it is not obligated to consult with URCA as it is not adding additional generation, but merely replacing existing generation. — Ed).

Where has the BAMSI money gone?

EDITOR, The Tribune.

a high-ranking Government official authorised DURING the waning the project notwithstandyears of the last PLP ing the failure to provide letters@tribunemedia.net administration, the insurance cover. In addiconstant cry from the announced if former tion, Mr. Hanna gave an Bahamian people was, Prime Minister, Ingraham assurance that he would “Where has the VAT could spend $100 million cover the loss and the money gone?” on roads, he could spend present Leader of the Instead of sticking $100 million on making Opposition expressed with the simple truth, the the country self-sufficient every confidence that he administration embarked in food. would abide by his comon a campaign of decepAnyone looking at the mitment. I would suggest tion trying to suggest that physical structures com- with some degree of conthe VAT money was used prising BAMSI and the fidence that is it unlikely for all sorts of projects extent of the farming, that Mr. Hanna has paid which anyone knew was would find it difficult to one red cent to date and nonsense. It was even believe that anything like assuming this to be the suggested that the Gov- $100 million was spent case one must ask whether ernment purchased the on the project and if they we have arrived at the Defense Force vessels did, then clearly the coun- point in our development with VAT money, when try got ripped off. In the that an individual can be anyone who followed the circumstances, anyone responsible for the loss proceedings in Parliament would be excused for of $5 million to the counknew that the Govern- questioning where the try and nothing is done in ment borrowed the money BAMSI money went. I an effort to recover the for that purpose. was coming to the view money? If that is the pre The simple truth is that that surely the Govern- sent state of affairs then it the VAT money goes into ment could not have spent is easy to understand why that bottomless pit called that amount of money the country finds itself in the Consolidated Fund, until I recently heard the the financial state that it is out of which all Govern- Chairman of the PLP in today ! ment expenses are paid. boasting of the PLP GovMembers of the public It is not possible to iden- ernment’s achievements at need not exercise their tify one solitary dollar of BAMSI and their expend- minds questioning where the Consolidated Fund as iture of $100 million on the VAT money went. being derived from VAT. the project, so I would As mentioned they only The truth could have, or readily join the chorus of need to look at the annual indeed should have, put those asking, “Where did budget and follow the an end to the debate, but the BAMSI money go?” money in the Consoliby the Administration’s It surely wasn’t left in dated Fund. On the other failure to face the truth, Andros. hand, the BAMSI money the cry persists even to this The BAMSI project is was extracted from the day of where has the VAT further tainted with the Consolidated Fund and money gone? Just exam- debacle surrounding the if, as the PLP boast $100 ine the annual budget and BAMSI fire. million was spent, kindly you will see how the ConThe PLP Administra- explain to the Bahamian solidated Fund was spent. tion never provided an people how the money A more pertinent explanation as to the was spent. question then and now, circumstances I would suggest that it whereby however, should be, Mr. Hanna, a campaign is incumbent upon the “Where has the BAMSI general for the present present Government to money gone?” When Leader of the Opposi- find out for the Bahamian the PLP Administration tion, was able to receive people how much money announced their plan funding for the construc- was expended on BAMSI to create BAMSI with tion of a building on the and what it was used for. the goal of making the site notwithstanding that Show me the money! country self-sufficient in a precondition of his con- Show me where did food, they spoke initially tract, was that he had the BAMSI money was of spending $10 million, insurance in place, and spent? which gradually mush- this was not complied roomed into $50 million with. Clearly there was a RICHARD and ultimately escalated huge oversight and withLIGHTBOURN to $100 million. Then out a full disclosure, one Nassau, Prime Minister Christie is entitled to think that September 19, 2018.

LETTERS

THE TRIBUNE

Thursday, September 20, 2018, PAGE 5

FAMILY’S AGONY OVER DOUBLE MURDERS FROM PAGE ONE

and Sheena Johnson were shot to death at their Deadman’s Reef triplex apartment on the night of September 12, and their bodies were discovered by a tenant early the next morning.

The childless couple had been robbed of a set keys and their GMC truck.

Justice Estelle Gray Evans is presiding over the hearing.

Prosecutors Neil Brathwaite and Erica Kemp represent the Crown.

Mrs Johnson, the sisterin-law of Barry Johnson, said their lives were changed forever when they received a phone call none of them had expected.

“The voice on the other end said, ‘Barry and Sheena are gone’,” she recalled.

She described the act as “senseless” and noted how much it has affected her mother-in-law.

“This brought many heartaches and pain that can never seem to be erased from our hearts and memories,” she said.

Grief “My mother-in-law, can you imagine the pain she had to and still go through over the past few years and years to come?

No mother and family should have to experience this grief that we have as a result of the senseless murders of Barry and Sheena.

Her life and health have now changed dramatically since their deaths.

“No mother and family should have to experience this grief… as a result of the senseless murders of Barry and Sheena. Her life and health have now changed dramatically since their deaths.

“For the 20-plus years that I knew Barry, he was always someone you could talk to in spite of the situation.

“His words were always encouraging and uplifting. Barry always saw the bright side in every dark situation.

Mrs Johnson said the

BARRY and Sheena Johnson died at their Deadman’s Reef triplex apartment.

CONVICTED killer Devaughn ‘Short Man’ Hall.

family wants justice for their loved ones.

Hall, 24, was unanimously found guilty of the murders, and armed robbery of the Johnsons.

Co-defendant Paul Belizaire was found guilty of

“My mother-in-law, can you imagine the pain she had to and still go through over the past few years and years to come?

No mother and family should have to experience this grief that we have as a result of the senseless murders of Barry and Sheena.

Her life and health have now changed dramatically since their deaths.”

Candy Johnson the armed robbery, but the jury brought hung verdicts on the two murder counts. A third co-defendant Kevin Dames received hung verdicts on the two murder and armed robbery charges.

The prosecution has expressed a desire to retry both men.

Hall, who is represented

by Jethlyn Burrows, had

undergone a psychiatric evaluation and was interviewed by a probation officer at the Department of Rehabilitative Services.

The psychiatric and probation reports were submitted in court.

Dr John Dillard II, Consultant Psychiatrist, found that Hall does not suffer from any psychiatric disorder and is fit to participate in his sentencing.

A psychiatric evaluation was conducted between June and July 2018, and a report was dated July 4, 2018 was submitted by Dr Dillard, who is director of forensic and mental health services, Public Hospitals Authority at the Ministry of Health.

In the report, it stated Hall had two previous admissions to the Bahamas Department of Corrections for causing grievous harm on 2012 and armed robbery in 2014, and that hospital records showed no prior admission to the Sandilands Rehabilitation Centre. It also noted Hall had denied any admissions to the Diah Ward in Grand Bahama, or contact with any mental health services – locally, regionally or internationally – before his incarceration.

Dr Dillard found Hall is capable of “comprehending the nature of the charge, and is able to differentiate between

HANG UP AND DRINK UP TOO FROM PAGE ONE motor vehicle or is a part of a fixture in the vehicle.

The legislation further requires “the device remain affixed while being used or operated, or is specially adapted or designed to be affixed to the person of the driver or operator as a hands-free device and is used to enable the driver or operator to use or operate the electronic communication device without holding it”.

Driving instructors also will be prohibited from holding electronic devices under the bill but the stipulation will not apply to those driving emergency vehicles or a vehicle that is lawfully parked and not impeding traffic. The penalty for contravening these provisions will be a fine not exceeding $1000.

If the bill becomes law, it will also become illegal to have an open alcoholic beverage while driving.

The amendment, tabled in the House of Assembly yesterday, also prohibits people from obtaining a licence if they have outstanding fines or have not paid the requisite fees.

Fees are not applicable to the Governor General, members of the diplomatic, administrative or technical staff of a diplomatic mission, any consular officer or consular employee, any member of an international organization responsible for external affairs or any member of the “family forming part of the household” of non-Bahamian citizens in the aforementioned groups. Such people will not be required to pay a fee to

receive their licence.

Presently, drivers have 48 hours to produce a licence and insurance certificate. The bill permits the police to arrest someone they suspect has failed to produce these documents in an attempt to deceive or avoid a penalty. Otherwise, people who have not produced the documents will escape arrest if they produce the documents in 24 hours.

The penalty for not producing an insurance certificate will remain the

same––a fine of two hundred or imprisonment for three months or both.

The fine for not producing a driver’s licence will also remain the same at $40.

The Objects and Reasons page of the bill says: “This Bill seeks to amend section 21 of the Road Traffic Act to make the failure of a driver to produce his name and address, the name and address of the motor vehicle or certificate of motor insurance in respect of that motor vehicle, a criminal offence.”

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innocence and guilt, understand the consequences of being found guilty, follow the process of trial and sentencing and instruct legal counsel.”

He noted Hall had maintained his innocence in the crime and has taken no responsibility for the act.

“He expressed sorrow for the life that was taken, but he is not remorseful as he maintains his innocence.

“He is currently fit to return to court and aptly able to participate in sentencing proceedings,” Dr Dillard concluded.

During a teleconference from Nassau, the psychiatrist said Hall displayed some traits of anti-social personality, but that the events suggest that it was inadequate to definitively make a diagnosis as such.

He noted Hall had admitted to drug use, smoking marijuana from the age of 17, but stopping at age 19 years.

Hall, he said, denied use of cocaine or ecstasy, but said he had occasionally

drank alcohol as an adolescent.

Wynette Goodridge, chief probation officer, interviewed Hall’s relatives, including his mother Shirley Hall, who believes her son is innocent of the murders and armed robbery.

In a probation report dated September 3, 2018, Mrs Hall stated her son had no behaviour problems during his childhood.

Report Ms Goodridge noted in her report: “Ms. Hall is convinced that the concerned (Hall) is innocent. She is of the view that the concerned never had a fair trial. She is therefore requesting that when passing sentence on the concerned, that the court bear in mind that the concerned is the father of two young children.”

The probation officer noted Devaughn Hall, was expelled from the Jack Hayward High School in grade 11 and as a result

did not obtain any academic certification.

Ms Goodridge also interviewed the victims’ family, including Althea Johnson, the mother of Barry Johnson, Joan Bartlett, the sister of Sheena Johnson, Both women, she said, believed Hall should pay for the crime he had committed. Ms Bartlett said Hall showed no remorse and his relatives had never attempted to reach out their family during the trial.

The chief probation officer stated Mrs Bartlett says their family does not hate Hall, although his actions and the loss of their loved one had left a void in the family.

Ms Goodridge said Hall maintained his innocence and had showed no remorse during the interview at the BDCS. The sentencing hearing resumes Thursday, September 20, in the Supreme Court.

PAGE 6, Thursday, September 20, 2018

THE TRIBUNE

OPPOSITION REFUSE CONSENT ON GRAND LUCAYAN DEBATE

By KHRISNA RUSSELL Deputy Chief Reporter krussell@tribunemedia.net

DEBATE on a resolution for a $35m loan to complete the government’s Grand Lucayan purchase in Grand Bahama was delayed yesterday after the Official Opposition refused consent insisting they did not receive the needed documents to properly debate the acquisition.

TEENAGER ARRESTED OVER ALLEGED DRUG POSSESSION AT SCHOOL

By DENISE MAYCOCK Tribune Freeport Reporter dmaycock@tribunemedia.net A TEENAGER allegedly caught with illegal drugs in his possession was arrested at a high school in Abaco on Tuesday.

ASP Pinder reported that shortly after 3pm on Tuesday police were called to the S C Bootle High School, where a 17-year-old male student was allegedly discovered with a quantity of marijuana.

He was taken into police custody and is expected to charged later this week.

Bamboo Town MP Renward Wells suggested outside of the House of Assembly that the Opposition’s refusal to cooperate could be a “delaying tactic”, telling reporters all of the issues affecting the hotel were not new.

Mr Wells, who is leader of government business in the House, suggested this could also be a move to empower some minority members as the Opposition Progressive Liberal Party heads into convention in November.

Nonetheless, Mr Wells said debate would begin today at 10am and the government will pass the resolution despite whatever “fireworks” the opposition is expected to bring.

When he spoke on the issue outside Parliament yesterday, Mr Davis told reporters initially he “readily provided” the needed consent, but on the premise the requested documents and material were provided.

However he said up to Tuesday morning none had been provided.

It is unclear how this delay will affect the government’s timeline for completing the deal.

Mr Wells said: “We had spoken with the opposition from Tuesday of last week signalling to them that we intended to come and debate this resolution.

“All of the issues of the

THE GRAND Lucayan Resort.

OPPOSITION leader Philip ‘Brave’ Davis. hotel are not new. The media has been reporting every jot and twiddle over the past month from the moment we mentioned it. The prime minister has been down there.

So all of the issues regarding what we are seeking to do in purchasing the hotel is already there.

“The opposition said we ain’t gonna debate unless you give us the sales agreement. But they knew all of the issues that are contained within that sales agreement and for us it is just simply a delaying tactic.

He continued: “We understand that the Progressive Liberal Party will be going into a convention very soon and so we understand this is state craft but at the end of the day we are going to come

RUBIS PARTNERS WITH JCNP AS GOLD SPONSOR

RUBiS Bahamas Limited has partnered with the Junkanoo Corporation of New Providence (JCNP) as a Gold Sponsor for the next three years.

Through its sponsorship, RUBiS will provide needed funding support to the JCNP for the coordination of the annual Boxing and New Year’s Day Parades and in turn, increase its commitment to cultural preservation in The Bahamas.

In a press statement, it was noted RUBiS has historically sponsored at the group level.

Sales & Marketing Manager Latia Duncombe said the new partnership will allow RUBiS to contribute to this expression of Bahamian cultural heritage in another meaningful way.

“Ensuring that the history and performance of Junkanoo are passed on to and enjoyed by future generations of Bahamians is an important goal for us,” Ms Duncombe said.

“Our mission at RUBiS is not only to provide the highest-quality products and

services available to our customers, but to invest and have a positive impact on our community. “ Hundreds of Bahamians, of all ages, take part in Junkanoo every year, with many of them making personal sacrifices to do so. Our hope is that our support will help to ensure Junkanoo is preserved for many years to come,” said Duncombe.

The company has reportedly been a strong supporter of cultural and youth development in The Bahamas for many years, and hopes that this new partnership will help to expand its impact.

RUBiS will have a greater presence at the upcoming parades, its statement read, with the Shirley Street Cup Category being renamed in the company’s honour as the ‘RUBiS Shirley Street Cup Category.’

In recent years, the Shirley Street Cup has become a highly contested category by all the groups. The corporation hopes that this will continue, as the groups bring the excitement and energy to Bay Street and Shirley Street.

tomorrow and we’re going to debate the resolution. We’re gonna pass it. The government is on a timeline. We’re going to purchase that hotel in the interest of the Bahamian people, in the interest of the people of Grand Bahama and in the interest of the larger economy.”

Asked whether the Opposition had been provided with all of the requested documents outside of the sales agreement, Mr Wells did not say. Among other things the opposition requested an appraisal and copies of any municipal leans on the property.

“I think we provided them with all that they would need to be able to have an intelligent informed debate for the Bahamian people, we’ve given them it and so now they have an opportunity where they can go assess it and tomorrow we’ll come back and there will be the fireworks that is necessary in this kind of debate and situation.”

For his part, Mr Davis said immediately there are troubling elements about the deal.

“Last week Tuesday I was called by the Leader of Government Business Renward Wells, the member for Bamboo Town who indicated

that they would wish the opposition to consent to debate the resolution for the acquisition of the Lucayan properties.

“Reason why he required my consent is because notice is required to be able to debate a resolution. You can’t just bring it today and debate it today. So he required my consent.

“I readily provided that consent on the premise that they would give us the material from which we would be enabled to discuss the debate intelligently and he promised to send that to me.

Eventually we received the resolution.

“The resolution said the agreement of sale was attached but it was not attached “It said the guarantee form was attached (and) that was attached. We then indicated to them that the crucial document here was missing from the resolution, even though the resolution speaks to it being attached and we would like to have that document, so that we can see what the deal is.

“Up to yesterday we did not receive it. So I wrote to the prime minister requesting that information with other information that would have informed the debate and to

make known publicly some of those processes that one would have expected to have happened in a transaction such as this.

“We still had not heard anything and so today when they asked whether we could proceed I said I don’t know how you could proceed because you never provided us with the information.”

According to the resolution tabled in the House of Assembly yesterday the sales purchase agreement stipulates a deposit of $10m which was already paid upon the execution of the agreement.

An additional sum of $20m is due and to be paid upon the completion date of the agreement.

The balance of the purchase price, $35m be secured by a first demand legal mortgage over the properties payable by 7 tranches of bond of $5m each issued by the purchasers in favour of the vendors with interest thereon payable quarterly at the rate of four per cent per year.

Each tranche must mature in consecutive six month periods after the completion date with the first tranche maturing on the expiry of six months following the date of completion and guaranteed by the government.

THE TRIBUNE

Footage of police assault ‘appalling’ FROM PAGE ONE called the incident “disturbing”.

Deputy Commissioner of Police Emerick Seymour said the matter will be investigated but many social media users scoffed when this was reported by The Tribune yesterday, convinced nothing substantial will come out of the matter.

Told this outside the House of Assembly yesterday, Mr Dames said he had not seen the video but acknowledged the public’s scepticism and said: “We certainly have to look at ways to bring a greater level of transparency so the public can see that the police are in fact doing their jobs and the commissioner takes these matters, he and his leadership team and the deputy commissioner who has oversight of discipline, they take these matters very seriously. We all do.

It’s appalling.”

Following The Tribune’s report of the RBPF’s response yesterday, one Facebook user said: “No justice ever prevails from these events…sad in this country.”

Mr Dames, however, said: “There have been investigations where matters such as this would have been reported to the police and the police would have initiated the appropriate investigations and taken the appropriate actions.”

He added people should also be aware some videos that go viral depict events that do not take place in the Bahamas.

The latest viral incident allegedly happened early Monday morning on Prince Charles Drive.

It is not clear who recorded and released the video. Mr Dames said recordings of potential abuses “brings a greater

level of accountability, transparency and responsibility,” insisting he is focused on bringing a “level of professionalism within our law enforcement agencies.”

In the video, a man bleeding from the mouth pleaded for help, complaining about not being able to breathe and having a bleeding hand. The officer whose knee rested on his chest said: “Yeah your (expletive) neck got be bleeding soon.”

One Facebook user said “ok now lemme see where this goes,” to which another user replied: “No where smh just another cover up.”

One user said: “Yeah those officers in the wrong!

Don’t condone this behaviour, police supposed to protect us.

“Young man was already handcuffed, no need to put your knee on his throat.

Total abuse of power!”

Thursday, September 20, 2018, PAGE 7

“We certainly have to look at ways to bring a greater level of transparency so the public can see that the police are in fact doing their jobs and the commissioner takes these matters, he and his leadership team and the deputy commissioner who has oversight of discipline, they take these matters very seriously.

We all do. It’s appalling.”

Minister of National Security Marvin Dames

PAGE 8, Thursday, September 20, 2018

THE TRIBUNE

How do you know when it’s time to trade the old for the new?

T

HERE is an almost inexplicable pleasure in cleaning out a drawer, a satisfaction that far exceeds what would seem appropriate for such a mundane task.

Why does it feel so good to toss out a pair of underwear that you haven’t worn in so long the hip elastic stretches like your dollar won’t? Why does it feel like you turned a whole corner in life by ditching a magazine that contained a picture of the bathroom of your dreams 10 years ago before the bathroom became a desirable and fashionable place to spend time?

Parting with something, almost anything, can be uplifting if done by choice.

Cleaning out closets, garages, tool boxes and garden sheds is external detoxification with internal pump fists.

But parting with things is a lot easier than parting with ideas. That’s tough and the more ingrained the ways of doing things are, the tougher it becomes to shake them. The result is we let old ways of doing things remain in place long after we should have tossed them out and we tolerate being told that we, as a people, are stuck in our ways., And, wow, are we stuck in our ways.

We are glued, screwed and bolted to our ways, especially when it comes to acknowledging that times and conditions change and we need to wake up and see the rotary phone is not going to make a comeback.

Few examples of clinging to the past are far more endearing – and frustrating – than the outdated single residential zoning of Eastern Road.

In the early to mid-1900s, families with a certain means purchased land, built homes, watched their children grow up, playing freely on large yards, running between neighbours’

“HG Christie has 85 homes listed for sale on Eastern Road.

Bahamas Realty has a similar number.

Photos and slide shows of many are so stunning you know that it must be breaking someone’s heart to have to part with a property so beautiful, so attached to the waterfront or ocean view, so filled with character and love they poured into it for decades.” and friends’ houses, riding bikes, jumping in the sea, getting home just in time for dinner. Today, those large family homes have become the great estates of Eastern Road.

Decades have passed, families are grown and gone, the estates are hard to maintain and when they go on the market, they are hard to sell. It is not a matter of maintenance.

Most have been meticulously maintained. To this day they stand stately, tall and proud, classic symbols of taste and style. Unfortunately, that is not what the market wants now. Buyers want gated communities.

They clamour for amenities, tennis courts, pool, spa, clubhouse, security 24/7. They eschew stairwells for stair climbers in a gym, forego ensuite master bedroom and bath the size of Rhode Island for a cozy corner with good, high speed internet connection. Values change. Life is different. Lifestyle offerings trump property size.

But the zoning of Eastern Road has not. And it is suffocating growth that could unleash a new dynamism in the property market.

Sunrises There are many who still prefer the Eastern District over the newer areas of western New Providence.

There may be fewer restaurants but there are more birds, mature trees.

The breeze nearly always blows. Sunrises are breathtaking.

Bougainvillea dressed in purple, magenta and white overflows. East is closer for boating to Rose Island, Eleuthera and Exuma. There is a lot to be said for the tradition of where the island first grew up. It’s true that western New Providence has more restaurants, fitness centres, activities,

night life and is continuing to undergo more intensive development. Sunsets can be stunning.

As traffic builds and it can take an hour to go from east to west in rush hour, east is again drawing renewed attention.

The problem is current single-family residential zoning along most of Eastern Road is stifling the market. HG Christie has 85 homes listed for sale on Eastern Road. Bahamas Realty has a similar number.

Photos and slide shows of many are so stunning you know that it must be breaking someone’s heart to have to part with a property so beautiful, so attached to the waterfront or ocean view, so filled with character and love they poured into it for decades.

But suppose some of those properties could be converted into low-density, multi-family townhome or condo developments.

Let’s take, for example, a typical old Bahamian style Eastern Road home with five bedrooms, 5 ½ baths with a cottage/ garage, pool and cabana, gazebo, and four or five acres that

is in pristine condition and has been on the market for some time. Re-zoning would require public consultation and that is understandable.

But if we just use that one property as an example and approve it for 16 or 20 residences, that translates into four or five per acre, no denser than a typical ¼ -acre single family residential neighbourhood like those all over new Providence.

Buyers But with units built compactly, closer together, there is more green space and room for leisure features. Amenities attract buyers. Let’s say the design calls for the current main house to become the clubhouse with fitness centre, pool, yoga class, multi-media centre, small restaurant and cafe, library, homeowner’s office, private meeting rooms and comfy living area for chilling and getting together with neighbours and kitchen for community events and special occasion catering.

On either side and in the

rear are four three-storey buildings, with first floor a single unit with water view, second floor receding further with view, and third floor set back even further so each large patio has complete privacy plus view because the units are built like wide staircases, each retreating further. At the far end of each of the three-storey structures is one three-storey high residence with an elevator.

Something for everyone.

A rough calculation is with modern building techniques, once property is purchased each 2-bedroom, 2 ½ -bath, 1,600 square foot unit could be built for less than $500,000 and sold for $799,000, giving the developer a decent profit after infrastructure completed and the ability to collect homeowner’s fees until a majority or agreed number are sold and turned over to the new property owners to manage or award a contract for management.

Now you have 16 or 20 new residences, adding to the local economy, reviving a community that is too pretty to write off or suffer from neglect when it deserves a quiet respect for its uniqueness and preservation.

But it is at the precipice now and as more original families depart to downsize or pass on to other rewards, the number of available properties flooding a market searching for gated communities will only continue to grow.

While we must be careful not to overburden the infrastructure or create a footprint that is too large, there is precedent for multi-family zoning along Eastern Road, including at Dick’s Point and Baycroft where various Cabinet ministers live or have lived. The latter rates highest density in the area and may never have passed muster in today’s more sensitive climate.

Yes, there are places to be preserved – Lighthouse Point in South Eleuthera heading the list – but it is also time to know, as the song says, when to hold ‘em and when to fold ‘em.

The time has come for a detox of old zoning policies that have choked the land east of Fort Montagu.

Eastern Road is far too precious a gem to ignore when it has every opportunity to sparkle and offer a new lifestyle option for those who want to feel the warm breeze on a spring night or watch the parrots, White Crown pigeons, doves, hummingbirds and Cuban bananaquit flutter and land on mature trees, to gather enough seagrapes for jam from any of a thousand trees and just gaze at the bougainvillea and wonder how God created such beauty and knew to let it run wild the way it wanted.

THE TRIBUNE

TONY ZERVOS, TRIBUNE ARCHIVIST, DIES AGE 81 TRIBUNE archivist Tony Zervos, 81, died at the Princess Hospital at 10pm Tuesday.

Mr Zervos joined The Tribune about 10 years ago as the newspaper’s archivist after retiring from the staff of the Higgs and Johnson law firm, where he was the archivist/record-keeper for nearly 20 years.

Yesterday, he was remembered by his younger brother Evangelos Zervos as a kind-hearted man who will be dearly missed.

“He was a friendly person and he got along with many people,” Mr Zervos said.

“We were close. We would talk often, he would call me many mornings from The Tribune and I would call him. I will miss him.”

Mr Zervos was a beloved Tribune employee and will be truly missed by its staff.

“His keen interest in the news of the day, exemplary work ethic and dedication to the company will always be embedded in

TONY Zervos

our hearts and memory,” said staff members.

Mr Zervos is survived by his wife, Kala, and is remembered as a loyal member of the Greek Orthodox Church.

In 2006 on the death of the much respected Father

Theophanis Kolyvas it was recorded that Mr Zervos had served with him at the altar of the West Street Church for the entire 53 years that Father Kolyvas was in the Bahamas.

Funeral arrangements will be announced later.

POST OFFICE MOVE: IT’S BACK TO SQUARE ONE

TRANSPORT Minister Renward Wells said Cabinet had discovered the plan to move the General Post Office to the old Phil’s food store building (pictured) would cost more than budgeted.

FROM PAGE ONE get that done so we’re looking over the next week or two to being able to come back with a subsequent stop gap measure. We’re looking at something else that we may be able to do in regards to the post office so we can get the post office fully functioning while we look at the finished site as to where the post office is going to be.”

He said: “It’s an ongoing concern because the existing General Post Office there are issues with the building that the government has sought to correct.

We have staff working there half-day now. We’re looking at perhaps maybe getting two shifts. We understand the situation with the post office that the mail is backed up but we’ve had a lot of infrastructural issues at the post office at Cable Beach we needed to repair the roof you know it was closed down for about three or four weeks while we repaired the roof it is now back up and open so we are looking at how we can arrest the problem.”

Over the years, the General Post Office has been

Thursday, September 20, 2018, PAGE 9

TRANSPORT Minister Renward Wells. plagued by mould and airconditioning problems.

For many months workers there have worked shortened shifts at their East Hill Street location because of the “hazardous” conditions.

Last year former Bahamas Chamber of Commerce CEO Edison Sumner said the shortened work hours were a “pretty vexing issue” for a number of businesses.

THE POST office building on East Hill Street.

FROM 2014: Tony Zervos and Laura Roberts, both of The Tribune and regular visitors to Meyer’s Cafe at Doctors Hospital, help dietary assistant Alice Seymour to cut the ribbon to open the newlook cafeteria. Photo: Shawn Hanna/Tribune Staff

PAGE 10, Thursday, September 20, 2018

THE TRIBUNE

Brexit - so how did Britain get to this painful Euro exit?

By PETER YOUNG THE decision by Britain to withdraw from the European Union following a referendum in 2016 continues to stimulate endless debate and controversy, not least because of a relatively narrow poll margin of 52 to 48 percent in favour of departure.

In a high turnout of some 72 percent, 17.4 million voted to leave.

Termed Brexit, the nation’s departure is due in March next year after Prime Minister Theresa May last year invoked Article 50 of the Lisbon Treaty which provides for a two-year negotiating period on withdrawal.

As a main player in the EU for more than 40 years, the United Kingdom’s departure will have seismic effects in Europe as well as, potentially, serious repercussions elsewhere in the world.

During the last 18 months, various matters have been resolved like budgetary issues in relation to existing commitments and the status, post-Brexit, of EU citizens already living and working in the UK and vice versa. There are also ongoing negotiations

about Britain’s trading relationship with the remaining 27 EU members and extension of existing co-operation across-the-board; for example, areas like security, policing and counter terrorism, intelligence sharing and the environment as well as many others.

Despite detailed discussions, no agreement has yet been reached about new trading relations. But, with growing pressure to secure an agreement, rather than Britain leaving without a deal, events are now moving fast.

Departure So, with six months to go until Britain’s departure, it is timely to take stock of recent developments. However, before doing this in a separate article, it might be useful to examine the historical background to Britain’s involvement in Europe.

Over several centuries, Britain has had a long and troubled relationship – a mix of conflict and cooperation – with its European neighbours.

Europe has always presented a strategic challenge because of ideological, religious and political differences and Britain’s primary concern has traditionally been about the balance of power on the

BRITISH Prime Minister Theresa May. (AP) continent. Her main enemies at varying periods have been France, Spain, Tsarist Russia and, more recently, Germany and the Soviet Union.

Apart from her formidable military capacity in famous battles ranging from Agincourt to Waterloo or the Battle of Britain in 1940, Britain has also been a major political player on the European stage. Examples range from the defence of Protestantism (some say, not entirely in jest, that Henry VIII’s rejection of Catholicism and break with Rome was the first Brexit) to the Treaty of Utrecht in 1713 and

the subsequent remodelling of Europe – and, much later, to promoting liberalism and pioneering the concept of the nation-state and the spread of democracy.

All this was in marked contrast to Europe with its absolutism, Jacobinism and Napoleonic tyranny followed by Hitler and Soviet communism and now an EU which, in the view of many, has become an unelected dictatorship despite the supposed checks and balances of a Council of Ministers and a separate but largely toothless European Parliament.

After the two world wars of the last century, Britain’s main foreign policy objective was to guard against German revanchism and its capacity to engage in hostilities again.

But a revived and strengthened nation was needed to provide a bulwark against the Soviet Union to the east.

Policy-makers believed to achieve this it was essential to bring about a European integration that would lead to Germany being embedded in a wider union and its resources being mobilized for the common defence against the USSR. At the end of the Second World War, Churchill himself is quoted as looking forward to a “United States of Europe in which barriers between nations will be greatly minimised”. But, in the thinking of the time, although Britain would continue to be closely involved in the affairs of Europe, there was no suggestion of any countries giving up their sovereignty as nation-states.

In the 1950s, the EU Founding Fathers sought to fulfil the ideals of a united, prosperous and peaceful Europe designed to end the frequent and bloody wars on the continent. Establishment

of the European Coal and Steel Community as a first step was followed in 1957 by the Treaty of Rome which created a European Economic Community or Common Market of six nations – Belgium, France, West Germany, Italy, Luxembourg and The Netherlands.

Gradual enlargement followed with Denmark and Ireland and Britain’s accession in 1973, and later Greece, Spain and Portugal also joined.

The Single Market was established in 1986 for the complete free flow of trade (without customs duties) in accordance with the four freedoms of movement of goods, services, people and money. It also provided for a common foreign and security policy. Austria, Finland and Sweden joined later and the collapse of communism in 1989 followed by the reunification of Germany opened the way to eastern European countries also becoming

“Over several centuries, Britain has had a long and troubled relationship – a mix of conflict and cooperation – with its European neighbours.

Europe has always presented a strategic challenge because of ideological, religious and political differences and Britain’s primary concern has traditionally been about the balance of power on the continent.” members.

In 1992, the Maastricht Treaty created the EU. The Schengen Agreement, lifting border controls, followed in 1995 while economic monetary union was developed resulting in the creation of the single currency, the euro, in 1999. Britain declined to join either of these, but the EU had thus become an economic and political partnership – eventually comprising 28 countries - with the ultimate aim of ever closer union leading to a federal super-state.

At the time of Britain’s accession there were concerns about loss of sovereignty and a claimed lack of clarity about Europe’s laws and institutions superseding the Westminster Parliament so that the full independence of the nationstate would be curbed. But, when the country’s new membership was put to the test in a referendum in 1975, economic considerations prevailed and a substantial majority voted to stay in the Common Market.

More recently, it is still not widely appreciated that, whereas it is the case that a degree of national sovereignty is ceded through obligations arising from membership of international organisations, the EU has created a new legal order within the jurisdiction of its signatories that is given primacy over a country’s domestic statutes. Thus, EU directives have become part of UK law.

After Margaret Thatcher became Prime Minister in 1979, she feared deeper European integration would mean further loss of sovereignty and, in a landmark address in the Belgian city of Bruges in 1998, she spoke out

against European federalism and a super-state exercising a new level of dominance from Brussels.

The Conservative party in Britain has traditionally been divided in its attitude to Europe. During John Major’s premiership, after his government was humiliated by being forced out of the European Exchange Rate Mechanism, Eurosceptics within his party carried the day and, weakened politically, he was voted out of office in 1997.

The next Tory Prime Minister, David Cameron, was faced with the rise of the United Kingdom Independence Party (UKIP) which advocated leaving the EU and he was ultimately forced to agree to the 2016 EU referendum.

The project of EU integration only began in earnest after the Second World War with the aim of making war between western and central European countries impossible and resolving the problem of German dominance. Full political union will be required to implement fiscal and monetary union needed for the common currency to survive. But the austerity measures forced on indebted countries like Greece that have provoked such opposition and division have been influenced – some say orchestrated - by a powerful Germany; and, ironically, that is the very outcome the European project was originally designed to prevent.

Sovereignty It is in Britain’s interest that the EU should not fail. But it has become clear a single European federal state including Britain is not compatible with her sovereignty and a small majority of the British people are not prepared to sacrifice that through membership of a full federal Europe even if it means paying an economic price.

Other countries appear to be willing to make such a sacrifice or have already done so by surrendering national control over their currencies. But Britain, with one of the largest economies in the world and with unmatched international links, contacts and relationships including the 53-strong Commonwealth, is strong enough to survive and prosper on her own.

The details of Britain’s involvement in Europe and of the sovereignty issue may not have been uppermost in people’s minds in advance of the referendum. But many Leavers will have had a “gut” feeling about the loss of sovereignty while Remainers will have tended to give more weight to the potential economic dangers of quitting the EU and its Single Market of some 500 million people.

At the UK General Election in 2017, Prime Minister Theresa May’s Tory party stood on a manifesto commitment to respect the outcome of the referendum and implement Brexit. Although she failed to secure an overall majority, the Tories emerged as the biggest party. The opposition Labour party also supported Brexit and called for an independent trade policy.

Next week, I shall examine Mrs May’s government’s continuing efforts to secure a deal with the EU particularly about a new trading relationship following Britain’s departure from the bloc next March. * Peter Young is a retired British diplomat living in Nassau. From 1996 to 1999 he was British High Commissioner to The Bahamas.

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THE TRIBUNE

THREE MEN AND A WOMAN ARRESTED IN CONNECTION WITH HOME INVASION

By MORGAN ADDERLEY Tribune Staff Reporter madderley@tribunemedia.net

POLICE have arrested three men and woman in connection with a home invasion and armed robbery that occurred in the early hours Tuesday.

The victim in the incident was held up and robbed in his home; however, police were able to recover the victim’s property as well as other items believed to have been taken “in other criminal incidents” that same day.

According to police, the man was inside his home on Bahama Road, Nassau East Subdivision, when he “heard noises coming from another room of the house”.

Robbed While checking, the victim discovered two armed men in a bedroom.

The men subsequently held him at bay and robbed him of cash, jewellery, cell phones and other electronic items, before escaping.

“A short time later, acting on information”, Flying Squad and Mobile Division officers searched a home on Wilson Street off Hay Street, where the victim’s property was recovered.

“A number of other electronic items and watches, suspected to have been taken in other criminal incidents were recovered.”

Three men and a woman were taken into custody, and assisting police with their investigation.

Thursday, September 20, 2018, PAGE 11

BID FOR MORE TIME TO CHALLENGE LENIENCY OF SENTENCE DENIED

By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net

THE Crown’s bid at seeking more time to challenge the leniency of a man’s sentence for having sex with his lover’s 15-year-old daughter has been shot down by the country’s second highest court.

Court of Appeal President Sir Hartman Longley, and fellow Justices Roy Jones and Sir Michael Bartnett, in a written ruling, concluded the convict Linty Stuart had already satisfied his sentencing requirements by the time the Crown got around to appealing it.

According to the ruling, Stuart was convicted and sentenced to pay $2,000 to his victim; $500 to the Treasury (time limits were imposed for the payment of the compensation by June 30, 2016); to complete 150 hours of community service as determined by the Department of Rehabilitation Services; and to keep the peace and be of good behaviour for one year, in default of which he was to serve two years in prison.

Stuart complied with the requirements of his sentence, as there was a follow up hearing set by the sentencing magistrate for May 30, 2017 to ensure compliance with the order.

The appellate judges said though it was not in possession of the magistrate’s note for that hearing, no application was made to exact the default punishment and to seek Stuart’s imprisonment. By that time, he had apparently kept the peace for a year.

Subsequent to Stuart’s conviction and sentence on May 30, 2016, the COP filed a Notice of Appeal on June 8, one day out of time. However, no application for an extension of time was made until November 18, 2016.

That application, as well as an amended Notice of Appeal, were not served on Stuart until June 29, 2017.

That also meant, as the appellate judge’s noted, that at the hearing of the application, more than two years had passed since Stuart had been at liberty.

But by that time, Stuart had already complied with the obligations imposed on him as punishment for the offence, including keeping the peace

for one year.

According to the ruling, the COP, in a filed affidavit, said the reason the first Notice of Appeal was filed a day late was because the case was heard in Bimini and it took some time to get the file. The COP said it was moved to contest Stuart’s sentence as a result of a complaint lodged by the girl’s mother that the sentence was too lenient.

However, the appellate judges said no reason was given as to why it took so long to make the application for an extension of time, and to serve it on Stuart, particularly considering that the rules allowed the COP to serve notice of its application on counsel for Stuart who represented him throughout the trial, as well as on Stuart himself.

Evidence According to the appellate judges, the evidence is that Stuart also lived in Bimini, and no evidence was adduced by the COP of any attempts to find or serve him with notice of the application before June 29, 2017.

The appellate judges said counsel for the COP tried to give reasons on his feet but “failed to impress” them that there were any sound reasons for the failure to make the application earlier, or to account for the “inordinate delay”.

Concerning the COP’s assertions that the sentence was unduly lenient, the appellate judges noted that the COA, differently constituted, made it clear that in a case of “breach of trust” such as Stuart’s matter, the starting point for a person convicted of a sexual offense with a minor if a custodial sentence, in principle.

Counsel for the COP suggested a sentence range of three to seven years was appropriate in the circumstances, however, the appellate judges said the magistrate “appeared to have ignored” that principle when he imposed the sentence on Stuart. The appellate judges further said even though the magistrate provided for two years imprisonment in default, it still did not accord with the view expressed by the COA in a previous matter, a

decision they said the magistrate “would have had to been bound to follow if it had been brought to his attention”.

Based on that, the COP asserted it had a strong case and that leave should be granted in the circumstances to extend its time in filing an appeal against Stuart’s sentence, despite the delay.

The appellate judges, in response, conceded that even if the default provision took effect against Stuart, thus meaning he would be sent to prison for two years, that sentence would still have been unduly lenient.

However, the appellate judges said when considering

that Stuart has been out of prison for over two years, has not breached the provisions of his punishment and has kept the peace as ordered, the question that arose was should they exercise their discretion to increase Stuart’s sentence and commit him to prison in circumstances where the COP has been so “dilatory” in making its extension of time application and not providing an explanation for the “inordinate delay”.

The appellate judges determined that as the COP “failed miserably” in its expediency in appealing the matter, acceding to their application would, on its face, fall into

the category of “unfairness” towards Stuart, notwithstanding that they found the sentence to be unduly lenient. “…In our view, the completion of the sentence before the making of the application was a formidable factor that militated against the grant of an extension of time,” the appellate judges said.

“Having regard to all the circumstances of the case, and giving due consideration to its merits and the events that have transpired since the imposition of the sentence, we were of the view that this would not be an appropriate case in which to exercise our discretion to extend the time”.

PAGE 12, Thursday, September 20, 2018

THE TRIBUNE

SPEAKER CALLS FOR AMENDMENT TO ELIMINATE ‘SUPERSIZED’ CABINETS

By KHRISNA RUSSELL Deputy Chief Reporter krussell@tribunemedia.net

SPEAKER of the House of Assembly Halson Moultrie.

HOUSE Speaker Halson Moultrie yesterday called for an amendment to the country’s Constitution establishing an upper limit for the appointment of ministers to eliminate “supersized” Cabinets.

Additionally, Speaker Moultrie said there remains an “adulterous” relationship in the tendency for Cabinet through the Office of the Attorney General to be the sole legal advisor to Parliament.

He yesterday called this forbidden by the concept of separation of powers.

In this vein, he told House members several eminent jurists were sought after and agreed to provide legal advice to the Speaker and the legislative branch of government.

These include former

Chief Justice Dame Joan Sawyer, activist Fred Smith, QC, Maurice Glinton, QC, Obie Ferguson, Bahamas Trade Union Congress president, Kelphene Cunningham, Vice President of the Bahamas Industrial Tribunal and Bahamas Bar Association President Kahlil Parker.

The Parliament and the Speaker must be given just the right amount of independence to bolster the impartiality and neutrality required. “Let us stop pretending that the office of the Speaker is an independent one. It is not,” he said yesterday.

He also said: “Over the past decades, dating back to the eighties when this chair was occupied by the late Sir Clifford Darling, The Bahamas witnessed the most vile encroachment by the executive branch of government onto the territories of the legislative and

judicial branches of government. This encroachment and resultant breach was wrong under the Pindling administration, wrong in the Ingraham led government, wrong during the Christie administration and if perpetuated, it will be equally wrong under this Minnis administration.

“By now you must be wondering if this is a resignation statement. It is.

After much soul searching

“In the interest of transparency and accountability there should be an amendment establishing an upper limit for the appointment of ministers to eliminate the supersized Cabinet we have become accustomed to.”

House Speaker Halson Moultrie and wife consultation I am resigned to the fact that the Speaker must be lonely in his eminence. But despite the isolation, loneliness and solitary confinement of the office, I accept and surrender to my calling.

“I want to assure the prime minister, Cabinet ministers and all members of Parliament that I do not want your job, and I doubt you want mine. So that being the case, I give this notice and assurance that as long as I preside in this chair I will endeavour to do my best to make sure that you do your jobs and only your jobs.

“I am the presiding officer.

I serve at your pleasure. But as long as I am Speaker, I will not endorse the current impotency of Parliament, I

will discharge my duties in the manner required of me by the Constitution and the established rules and practices of this chamber and procedure of Westminster.”

He called on the prime minister in future appointments of members of the executive to ensure there are sufficient backbenchers to allow Parliament to hold the government to account.

“In the interest of transparency and accountability there should be an amendment establishing an upper limit for the appointment of ministers to eliminate the supersized Cabinet we have become accustomed to. I recommend that combined, the size of Cabinet and Parliamentary Secretaries should not exceed an upper limit of 17 or 43 per cent of the elected members of Parliament. As long as the status quo remains it will demonstrate our lack of commitment to the ideals of accountability and transparency.”

His words gained the support of Bamboo Town MP Renward Wells and Pineridge MP Frederick McAlpine.

Mr Wells said: “I want the Bahamian people to know that the Speaker is not out of step with this Free National Movement government. As a matter of fact the Parliamentary Commission that he speaks to there is already a Cabinet paper drafted for the Parliamentary Commission. We’ve already done that. That issue will be brought to Cabinet at a time and choosing of the prime minister.”

Mr McAlpine added that the remarks were a “breath of fresh air.”

However, Official Opposition Leader Philip “Brave” Davis said this was a signal that something is wrong.

“Obviously something is happening between him and the executive that has rattled his nerves,” Mr Davis said.

THE TRIBUNE

Thursday, September 20, 2018, PAGE 13

ORDER FOR SUPER VALUE TO PAY FORMER STAFF MEMBER $10K OVERTURNED

NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net

THE Court of Appeal has overturned an Industrial Tribunal’s order for Super Value to pay one of its former assistant managers $10,000 for firing him for gross negligence.

The former manager reportedly said he was too tired from working a double shift to respond appropriately to a security company’s warnings about what ended up being a robbery of one of Super Value’s ATM machines six years ago.

Appellate President Sir Hartman Longley, and fellow Justices Roy Jones and Milton Evans, in a written ruling, said “being too tired” cannot excuse Vaccaro Adderley from not personally responding to and verifying Super Value’s security alert, especially when that excuse was based on the “false premise” he had worked a double-shift when Super Value’s records showed he didn’t.

Additionally, the appellate judges said as a matter of “simple commonsense”, rather than checking the store to ensure his employer’s property was safe and secure as was his duty as manager, Adderley, by his own admission, “took the chance that birds or rodents may have been responsible for the triggering of the alarm”.

Thus, the appellate judges said Super Value’s decision to summarily dismiss Adderley should not have been interfered with by the Tribunal, and as a result set aside the $10,500 the Tribunal had previously awarded to Adderley for his wrongful dismissal.

According to the ruling, Adderley had been employed at Super Value from March 17, 2008. At the time of his dismissal he was an assistant manager at the food store chain’s Prince Charles Drive Shopping Centre location.

On July 18, 2012, Adderley was the person in charge of the store as the manager had gone on vacation the previous Monday.

Around 4:02am on July 18, Adderley received a call from the store’s security company to advise him they had detected motion in the store.

In response, Adderley told them to monitor the situation and call him back if necessary. His explanation for giving that response was he knew there was a rodent problem at the store, as well as that

Former assistant manager had been fired for gross negligence there were two birds that had made it into the store that were flying around constantly.

He further added he was tired because he had worked a double-shift the day before.

About an hour after the first call, the security company called Adderley back to again advise him that they detected motion in the store.

In response, Adderley simply told them to call the police.

The security company called the police, who in error went to the Winton location and not the Prince Charles Drive store.

Adderley did not personally call the police, and neither did he make any effort to go to the store to ascertain whether anything untoward was happening, or open the store to allow the police to investigate, as there would have been no legitimate reason for anybody to be in the store at that time of the morning.

Police At 6:45am Adderley went to the store to open it up for business, and upon entering the store found it’s ATM had been broken into. It was then that he called the police, as well as Super Value’s Operations Manager Kendrick Moss, and an investigation was launched into the incident.

Adderley was interviewed by Mr Moss concerning the circumstances surrounding the incident, and why he did not personally call the police and go to the store to investigate what has happening or to open the store for the police.

Mr Moss said the response given to him by Adderley was he was too tired, to which Mr Moss said he replied by telling Adderley not doing so was a “major infraction”.

At the end of the following week, Adderley went on two weeks’ vacation, and upon his return, he was terminated summarily for gross negligence.

According to the COA ruling, Adderley had no record of previous misconduct.

At the tribunal hearing of the matter, three people gave evidence, namely

Adderley, Mr Moss, and Candace Nottage-Weatherford of the security company. The appellate judges said there was no dispute over the facts of the matter, save for two issues: whether Adderley in fact worked two shifts the day before the incident in question, and Super Value’s policy concerning the security alarm.

Concerning the former, Mr Moss testified Adderley did not work a double shift that Tuesday; he had relief that day. Rather, Adderley worked a double shift that Monday.

Notwithstanding that evidence, the Tribunal’s vice-president still asserted: “Based on the evidence of (Adderley) and Mr Moss, managers worked 48 hour shifts on a six-day week.

He was tired. Whether the evidence that he had worked a double-shift prior to the robbery is questionable, the fact remains that a 48-hour work week in the retail grocery industry can be gruelling and takes its toll on the body.

“The Tribunal is not condoning this conduct but realizes that the realities of life necessitate that realistically if one has just worked a shift, left work and is called back some hours later in early hours of the morning any person would be reluctant to do so.”

However, the appellate judges said though “ambiguous”, that finding by the Tribunal was not in fact a finding that Adderley worked a double-shift as he claimed, but instead “just a finding that working a 48-hour work week over six days in the retail grocery store business can in the Tribunal’s judgment be tiring.”

The appellate judges said they were not satisfied there was any “evidential basis” for the Tribunal’s finding in that regard, but maintained it was not a finding that Adderley worked a doubleshift on the Tuesday as he claimed was the basis of his weariness.

Concerning the store’s security alarm policy, Adderley had maintained there was no policy in place, while Mr Moss’ evidence suggests there was no written policy, but managers were allowed to shadow other managers and thus learn the policy.

According to Mr Moss’ evidence, when an alarm is activated, Sure Alarms would call the store manager, who is then to call back to verify that the call is legitimate. The manager is then to request the alarm company to call Police Control Room to provide a vehicle to meet the manager at the store.

During that phone call the manager is to find out from the company which zone or zones was activated so that when he/she goes to the store with the police they can go to that zone or that area of the store.

Escort Mr Moss’ evidence further states the manager is to go to the store and meet the police, walk the store with the police, and further asserts if there are no police officers present to call the alarm company, ask them to call again. Additionally, Mr Moss said managers would sometimes stop at a nearby police station and get an escort to the store to

examine the premises.

He said if Sure Alarms could not get the manager, they would call the assistant manager.

If they can’t reach any of them, they would call him and he would try to reach them himself.

He further stated that managers are trained for six months to a year, and are moved from store to store to allow them to work with other managers to receive training on the policies and procedures.

The Tribunal had ruled as there was no evidence that Adderley ever worked under a manager who may have caused any such policy to be passed on to him, it was not of the opinion there was a proper policy in place.

However, the appellate judges said the Tribunal’s decision is “fundamentally wrong”, and said issue for determination isn’t a matter of policy, but is a “matter of commonsense”.

“In our view, there did not need to be any written policy that when the security alarm company

calls a second time a manager should himself call the police and proceed to the store to open it to enable the policy to investigate or anything to that effect. It is simple common sense,” the appellate judges said.

“By his own admission Adderley knew the alarm went off but took the chance that birds or rodents may have been responsible for the triggering of the alarm.

As a manager in charge of the Prince Charles Drive store at the time he owed a duty to take steps to secure and safeguard the property of his employer.

The judges added: “Even if he thought that the alarm may have been triggered falsely, since he had no way of knowing, he had a duty to go and check the store to ensure that the property was safe and secure.

“He may have even minimized the damage if he had responded in a timely manner”.

Attorney Kelphene Cunningham represented Super Value. Bernard Ferguson represented Adderley.