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VOLUME:115 No.16, DECEMBER 12TH, 2017

THE PEOPLE’S PAPER: $1 VOL. 4 ISSUE 4

OFFICIAL PUBLICATION CONSUMER PROTEC TION COMMISSION, MINISTRY OF LABOUR & NATIONAL INSURANCE

DECEMBER/JANUARY/FEBRUAR

CONSUMER VOICE: LOOKING BACK ON A YEAR OF PROTECTING CONSUMERS

Ashore - and more heading this way

By SANCHESKA DORSETT Tribune Staff Reporter sdorsett@tribunemedia.net

IMMIGRATION officials are bracing themselves for an “influx of illegals,” according to Kirklyn Neely, head of the Immigration Department’s Enforcement Unit, who said the holiday season “usually sees about three to four” Haitian sloops illegally land throughout the islands.

His comments came moments after a boat “loaded” with Haitian migrants landed near Clifton Pier yesterday morning, about three miles from Coral Harbour. This is the second time in about a month an illegal sloop has landed near the Royal Bahamas Defence Force’s (RBDF) Coral Harbour Base.

The illegal landing prompted Progressive Liberal Party (PLP) Leader Philip Davis to call for “heads to roll,” saying an explanation is needed

from authorities.

Immigration officers and other authorities spent yesterday combing the area for the migrants. Up to press time the RBDF said 57 people - 43 men, 11 women and three children - were taken into custody and transported to the Carmichael Road Detention Centre.

“Around 7am, a concerned citizen called me personally and said there was a boat loaded down with Haitians about to land near Clifton Pier,” Mr Neely said.

“I immediately dispatched a team and the Royal Bahamas Police Force (RBPF) and the Royal Bahamas Defence Force also assisted in the search for the illegals. Several were caught within the first hour and they were taken to the Detention Centre where a medical team will meet them to ensure they are okay.”

SEE PAGE THREE

OFFICIALS at the Department of Immigration have released two men from custody who filed legal applications in the Supreme Court last week questioning the lawfulness of their recent detention at the Carmichael Road Detention Centre.

One of the men, a

RE V IE W PRODUCED BY THE TRIBUNE

OVER-THE-HILL PLAN ‘DROP IN THE BUCKET’

By KHRISNA RUSSELL Deputy Chief Reporter krussell@tribunemedia.net THE $5m allocated from each budget cycle to fund the Minnis administration’s Over-the-Hill community revitalisation programme is a “drop in the bucket,” Progressive Liberal Party Leader (PLP) Philip “Brave” Davis said yesterday, adding the government’s lack of details demonstrates a poorly planned initiative.

Mr Davis said: “There are no details. If the prime minister is saying $5m from the next few budget cycles, when you look at what is being proposed that is nothing but a drop in the bucket and shows complete lack of appreciation of what is going on in the inner city. I just don’t think the plan is well thought out.

“A lack of planning and a lack of appreciation of governance is evident here.”

SEE PAGE SIX

By KHRISNA RUSSELL Deputy Chief Reporter krussell@tribunemedia.net

AN internal investigation at the Water and Sewerage Corporation (WSC), which has seen WSC employees placed on administrative leave, is probing “allegations of theft among other serious improprieties,” The Tribune has learned.

This WSC probe, a source within the corporation said yesterday on the condition of anonymity, appears to be taking place simultaneously with an ongoing Ernst & Young (EY) forensic audit of the organisation.

That investigation has been ongoing since September.

SEE PAGE SEVEN

Jamaican barber married to a Bahamian woman, has a spousal permit and was in the midst of cutting a client’s hair when he was abruptly apprehended, according to his lawyer Fred Smith.

The man, Ricardo Johnson, had to leave his client’s hair unfinished, Mr Smith, QC, said.

SEE PAGE THREE

2017: TH E YE AR IN

STAFF SENT HOME IN WSC THEFT PROBE

IMMIGRATION FREE ‘WRIT’ DETAINEES

By RASHAD ROLLE Tribune Staff Reporter rrolle@tribunemedia.net

Y 2018

THE SLOOP that landed near Clifton Pier yesterday morning, in this image from social media.

MONEY LAUNDERING: WE’RE ON PROBATION

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

THE Government has detailed a 17-step ‘action plan’ to strengthen The Bahamas’ anti-money laundering regime, with a top regulator describing this nation as “on probation” over increasing weaknesses.

The Bahamas’ National Risk Assessment (NRA) of its money laundering and terrorism financing

defences, released yesterday, reveals that sectors such as web shop gaming, pawnbrokers, dealers in metals and precious stones, and payday lenders face a “high” risk of being abused by criminals.

The NRA rated the “overall vulnerability” of designated non-financial businesses and professions (DNFBPs), which include those four sectors, as 0.75 out of 1 - meaning they are “exposed to a high level” of

money laundering and terrorism financing risks.

The assessment’s release, which was approved by the Minnis Cabinet on December 5, comes after the Central Bank’s inspector of banks and trust companies described The Bahamas as being “on probation” following the latest Caribbean Financial Action Task Force (CFATF) that was published in July 2017.

FULL STORY - SEE BUSINESS

Nassau & Bahama Islands’ Leading Newspaper

COCAINE SMUGGLERS’ $1.6M CARGO

By RICARDO WELLS Tribune Staff Reporter rwells@tribunemedia.net

POLICE yesterday confirmed the Drug Enforcement Unit (DEU) uncovered a total of 107 kilograms of suspected cocaine during a major drug bust in Inagua over the weekend.

The drugs are valued at an estimated $1.6m.

According to initial reports, the drugs were discovered during a search of a Haitian freighter vessel docked in Inagua, en route to Grand Bahama.

SEE PAGE FIVE

PAGE 2, Tuesday, December 12, 2017

Joy to the world

THE TRIBUNE

THE MINISTRY of Education hosted a festival of carols - with youngsters playing instruments, singing and dancing during the event.

Photos: BIS

THE TRIBUNE

Tuesday, December 12, 2017, PAGE 3

SOME of the migrants being detained yesterday in images from video circulating on social media.

Ashore - and more heading this way from page one “We are trying to find out where in Haiti these persons came from and how many persons were on the boat. This, however, is a trend every year around Christmas and New Year’s.

So, we expect about three to four boats to come in, that’s the trend they usually come in fours. This boat landed on a rock in front of Commonwealth Brewery next to the BEC plant and can carry between 80 to 100 persons. We caught about 10 in the bushes but they got a head start on us. The search is continuous.”

He said some of the migrants were familiar

faces to immigration officers, meaning they had been repatriated to Haiti recently only to return to the country illegally.

In the wake of the latest incident, Mr Davis called for an explanation from government officials.

“Once again we are shocked that illegal migrants in a slow sail boat were able to make it just this morning (Monday) to shore within a few miles of the Royal Bahamas Defence Force Base,” the PLP leader said in a statement. “This calls for an immediate explanation from the Minister of National Security Marvin Dames who cannot yet again plead that this has happened because the country has a

vast land and sea border.

That was his excuse the last time it happened.

“When this happened before, we pointed out that the shocking thing was that it happened right at the doorstep of the defence force base.

“It is incredible therefore that it has happened again and it appears that nothing operationally has changed.

Have the minister and his officials not drawn any lesson with regard to this?

“We demand a full explanation of the facts. Heads it would seem need to roll,” Mr Davis added.

In a statement issued last night, the RBDF said it has apprehended approximately 1,100 migrants for

the year, adding half of these apprehensions were made jointly with immigration and police authorities, as well as the United States Coast Guard.

“The force is also on full alert to prevent narcotics trafficking in the country as well as deterring and arresting poachers and have rendered substantial relief assistance after disasters throughout The Bahamas,” the statement said.

In November, a large empty sloop was discovered on the shoreline of Adelaide Beach. Despite extensive searches, immigration officials said no one from that boat was captured.

At the time, Immigration

Director William Pratt said he “had no idea” how such a large sloop could land so close to the RBDF’s base and go undetected, but suggested the RBDF should perhaps “improve their surveillance”.

Authorities believe the immigrants who landed at the time had help from people already on New Providence and warned anyone who was found to be hiding them would be jailed, fined or both.

Last month, Mr Neely estimated between 150 to 250 undocumented migrants were on board the sloop.

The hunt for the migrants began on November 12 when the RBDF said it was investigating reports of a

wooden Haitian sloop landing in the southwest area of New Providence.

Last month, Mr Dames said The Bahamas is an archipelago of over 700 islands and cays, adding it is not possible to identify every vessel that comes through its borders.

“I can tell you from personal experience I’ve had many trips when I was in the police force running operations, you can go out for hours and not see anything, land, boats, or anything else. For someone to think that every vessel that comes through here should be identified, that’s not humanly possible,” the minister of national security said at the time.

IMMIGRATION FREE ‘WRIT’ DETAINEES from page one

ATTORNEY Fred Smith.

Photo: Shawn Hanna/Tribune Staff

Mr Johnson was released from the Detention Centre Friday evening, the day after his habeas corpus application was filed in court.

But Mr Smith said when he first served officials with a writ from the court, he was told they had no record of his client being there.

Later, upon his insistence, they “produced Mr Johnson and simply released him into” his custody, he said.

In a statement to The Tribune yesterday, Mr Smith said: “Apparently there was no official record or reason of Mr Johnson’s arrest or detention. This must be a matter of grave concern to everybody in this

nation that the immigration authorities can behave this way with impunity. I once again call on Minister (of Immigration Brent) Symonette to hold the Immigration Department accountable for their actions. While Mr Johnson is very grateful that he was immediately released upon presentation of the writ, it is shocking that the immigration (officials) are not even making an effort to justify the lawfulness of the detention…

I call on the government to stop these arbitrary and illegal detentions.”

Regional Raymonvil, a 31-year-old born in The Bahamas to non-Bahamian parents, was in possession of his Haitian passport and application forms when he was arrested in Grand

Bahama on November 29, his affidavit claimed.

He was released from custody last week Thursday, the same day the Supreme Court gave him permission to issue a writ of habeas corpus. He too is represented by Mr Smith.

Mr Raymonvil is “yet another person born in The Bahamas and entitled to be registered as a citizen under the Constitution”, Mr Smith said. “He is a citizen in waiting, as are thousands of others. Despite this he was falsely arrested and falsely imprisoned . . . I am shocked that despite Minister [Brent] Symonette’s assurances that no person born in The Bahamas will be deported, immigration continue to illegally arrest and detain persons born in The Bahamas.”

Immigration controversies have dominated headlines in recent weeks as Mr Smith crusades against “illegal immigration procedures”.

A particularly high-profile case involves Jean Rony Jean-Charles, whose whereabouts are now the subject of court proceedings.

The Supreme Court last week gave the government until December 19 to produce Mr Jean-Charles and either provide evidence justifying his detention or be held in contempt of court.

Immigration officials have said Mr Jean-Charles has been repatriated to Haiti. His family has said Mr Jean-Charles was born in The Bahamas to nonBahamian parents and has no ties to Haiti.

SUSPECT: I WAS WITH OTHER DEFENDANTS ON NIGHT OF MURDER

By DENISE MAYCOCK Tribune Freeport Reporter dmaycock@tribunemedia.net

POLICE investigators told the Supreme Court in Grand Bahama yesterday that murder accused Paul Belizaire admitted he was with other co-defendants on the night of September 12, 2015, when a couple was shot dead at Deadman’s Reef.

Lead police investigator Sgt 772 Lorenzo Johnson and Detective Sgt 1843 Daryl Rolle of the Serious Crimes Section of the Central Detective Unit, said Belizaire told them he went to couple’s home for money, but he did not shoot them.

Belizaire told the officers that co-accused Devaughn Hall shot the victims and that he had tried to prevent the shooting.

Sgt Johnson conducted an interview and took a police statement from the accused on September 17, in the presence of Sgt Rolle.

They said Belizaire had been cautioned during both instances.

Belizaire, Devaughn Hall, and Kevin Dames are on trial in the Supreme

Court for the murders and armed robbery of Barry and Sheena Johnson of Deadman’s Reef.

Two other co-defendants Alan Alcime and Virgil Hall accepted plea deals and testified as witnesses for the prosecution and are serving time in prison for the armed robbery.

Sgt Johnson said that on September 13, 2015, he received a call from Det Supt Lloyd around 10.30am and proceeded to Deadman’s Reef, where he met a number of police officers and two doctors at the scene.

He said the body of a black male was lying on the ground outside a triplex apartment in front of apartment seven. The victim was wearing orange coveralls and black boots. He said the man had sustained a wound to the head and there was some dried blood under the the body.

Sgt Johnson was then directed to the opened door of the apartment where he saw the body of a female lying in the living room. He said the woman was wearing a blue and white striped shirt and blue underwear

and had a wound to the head and right wrist.

He went to the masterbedroom and observed damage to the door and the frame. He said the scene was processed and the bodies were removed by morticians and transported to the Rand Memorial Hospital morgue. He said an Infiniti car in the parking lot registered to Barry and Sheena Johnson was towed to the police compound.

The lead investigator received a call on his police radio and proceeded to a dirt road north east of Warren Levarity Highway in the area of the container port. He said two police cars were at the scene, where a silver 2003 GMC truck, registered to Barry and Sheena Johnson, had been found.

The vehicle was processed, photographed and later towed to the police compound.

On September 14, 2015 Sgt Johnson said the bodies of Barry and Sheena Johnson were identified by their relatives at the hospital’s morgue and autopsies were conducted the next day by Dr Mandy Pedican.

Sgt Johnson said at 10.06pm on September 17 he went to the interview room at CDU, where he along with Sgt 1843 Rolle, saw Belizaire.

“I told him that he and others were suspected of the murders of Barry and Sheena Johnson on September 12, 2015 at Deadman’s Reef,” he said.

“He admitted to going to the residence that night to get the money but that he did not shoot anybody; that Devaughn shoot the people,” Sgt Johnson recalled.

Sgt Johnson said that he conducted a record of interview and took a police statement from the accused who had been cautioned.

The accused read and signed the ROI and the statement.

He said that on September 18 sometime after 5pm, Belizaire directed he and several officers to areas he had talked about in the interview and in the statement.

The accused, he said, led them to Deadman’s Reef where he and others were dropped off on the night in question, then to apartment

seven and to a bushy area southwest of the apartment where he and others hid until Mr Johnson arrived home.

Sgt Johnson said Belizaire then led them to a dirt road where they parked the truck before walking home.

He charged Belizaire and Devaughn Hall with one count of armed robbery and two counts of murder on September 19.

Sgt Johnson said he cautioned and interviewed Kevin Dames on September 24. According to the detective, Dames admitted taking Devaughn Hall, Alan Alcime, Virgil Hall and PJ, also known as Paul Belizaire, to Deadman’s Reef on the night of

question to get the money.

He dropped them off and went home.

He said that Dames read and signed both the record of the interview and the police statement he gave.

Dames, according to Sgt Johnson, took them on September 28 to the dirt road southwest of the Johnsons’ residence in Deadman’s Reef where he had dropped off the four men on September 12, 2015.

He charged Dames with one count of armed robbery and two counts of murder.

Sgt Johnson identified the three men seated the courtroom.

The trial resumes today when Johnson is expected to resume his testimony.

PAGE 4, Tuesday, December 12, 2017

THE TRIBUNE

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Why move BEST Commission portfolio?

THOUSANDS of words have been written and spoken about the circumstances surrounding the mysterious August 22, 2017, Gazette allegedly stripping Minister of Environment and Housing Romauld ‘Romi’ Ferreira of most of his responsibilities.

At first, Prime Minister Dr Hubert A Minnis, reportedly the only person who can cause such action to take place, called existence of the Gazette “fake news”. Later, faced with the actual document, the Prime Minister’s office quickly moved to amend what was gazetted, saying it was a “mistake” the document showed six of the seven areas of responsibility of the Environment Minister had been removed.

Whether stripping responsibilities from the minister was intentional or a blunder and whether or not the Prime Minister’s office knew about the Gazette or it was a legitimate oversight, the incident received so much attention it is clear the honeymoon period is over between the Minnis-led government and the public. And while the public has heard all it wants to hear about one Gazette and one Cabinet minister and is ready to move on, we say ‘Hold on, there’s something very important that continues to be missing from the discussion.’

The Tribune is surprised (alarmed) that while calling attention to the sloppy process by which Mr Ferreira was either intentionally or accidentally stripped of responsibilities before those responsibilities were reinstated all the attention has ignored a critical part of the Ferreira matter.

The real focus must be on the one responsibility that was not returned to the Ministry of Environment, the Bahamas Environment, Science and Technology Commission (BEST), the only semblance of a governmental environmental watchdog that has oversight over anchor projects and mega-developments. Putting BEST back into the Office of the Prime Minister where the technical staff has to answer to a politician who may not see the compatibility between economy and environment is like assigning security for the chicken coop to a pack of wolves.

If that sounds harsh, it is based on experience. One only has to look at Bimini and South Cat Cay, both permitted by the Office of the Prime Minister, to see how devastating anchor projects without adequate protection for fragile coral reefs, wetlands, mangroves and culture of a community can be.

Destruction is not restricted to a political party. Every prime minister since Independence has allowed a piece of the precious Bahamian environment to be eviscerated and destroyed in the supposed name of progress. As new projects are proposed, how will an already short-staffed, well-meaning BEST Commission carry out its full mission when there is pressure to gather the media for a Heads of Agreement photo op, get a project underway,

and show an economy buzzing with activity? If BEST requests amendments to a site plan or wants changes to a master plan, and it must answer to the Prime Minister who wants the project to go forward as fast as possible, what happens to environmental protection?

Thus, the question we must ask now – the question The Tribune puts directly to the Prime Minister – is why? Why was the BEST Commission plucked from the Ministry of Environment where it clearly belongs, and plopped back into the Office of the Prime Minister where it should not be?

That is where attention should be focused.

We want an answer to that question.

Better yet, we want to see action. Give BEST the staffing and the autonomy it needs. As climate change becomes more of a national challenge and priority, BEST will assume an increasingly critical role. It must not be handicapped by the desire of any politician to do the economically expedient thing in lieu of having the courage to take the longterm environmentally prudent and protective action. We need to be doing more to protect the environment, not taking steps that could increase our risk of doing less. The Bahamas is a signatory to a number of conventions but does not have the legal legs to support its own well-meaning intentions.

According to a 2005 report prepared for the BEST Commission: “There are only a few existing environmental laws and regulations in The Bahamas relevant to the implementation of its requirements under the international environmental Conventions.”

For his part, throughout this ordeal Minister Ferreira has been a gentleman about incident. Last week, following the ‘reinstatement’ of most of his responsibilities, he remained above the fray, saying it was “sorted out”. No matter how the question was put to him, he remained stoical. “The Office of the Prime Minister has spoken,” Mr Ferreira said under sustained questioning by reporters.

But now, if he is going to prove he deserves to stand up and be counted, he must speak up about environmental protection especially as it is related to development.

As we said, there has been so much coverage of this incident which was either a blunder or a change of heart that the public is probably tired of the whole episode. Let us not put it behind us until there is either a good explanation as to why the BEST Commission was returned to the Office of the Prime Minister or when a comprehensive environmental protection act will be introduced with the Minister of Environment taking responsibility for its carriage. An environmental protection act with real teeth is the only way to truly ensure the delicate environment of The Bahamas will be protected longterm for generations to come.

Press secretary EDITOR, The Tribune.

THE creation of the Press Secretary attached to OPM seemingly and intentionally by design to hide the Prime Minister from the media has so far been a disaster and I doubt it will be anything better - conclusion abandon ship and close it down and allow BIS, who for years did the same job exceptionally well, of course with a Prime Minister understanding better the political importance of having a positive relationship with the media.

Editor - The Gazette falls under the portfolio of the Prime Minister so he totally controls it. I presume he has to sign-off as

to what will appear or certainly some official might do it in lieu of a personal preview, so Mr Newbold please retract your statement as to owning up for the publishing the news concerning the changes of portfolio of the Ministry of The Environment.

Whilst this issue is hot, could Prime Minister constitute The BEST Commission in Law - it isn’t at this stage but it establishes policy - grants permits adjudicates, denies applications and reports of serious consequence on decisions of Government (that means all decisions and policies of BEST are simply ‘hot air’ worthless, easily challengeable in Court).

Heritage buildings in the City of Nassau - too many have been lost, many of serious importance to maintaining some evidence of heritage are closed, being allowed to fall into ruin.

A good example is top of George Street, lots #66-67 - we see the roof has totally collapsed. The balconied house opposite Doctors Hospital. Are we going to allow the owners to deliberately allow the buildings to collapse in front of our eyes to get a demolition order as the buildings now are unsafe?

Heritage must be preserved.

W THOMPSON Nassau, November 29, 2017.

Ain’t no sunshine EDITOR, The Tribune.

GIVEN the limbo within which drone regulation currently exists today, one is hard-pressed to effectively provide advice regarding the use of unmanned aerial vehicles (UAVs) (better known as) drones throughout The Bahamas.

This limbo is as a result of the self-termination of Special Regulation No 1 of 2016. This regulation was issued by the then existing Civil Aviation Department.

Among other things, this regulation provided for its own termination, twelve months after its coming into force, unless incorporated into law or repealed by the Civil Aviation Department.

The captioned regulation came into force February 2016, but has not been incorporated into law and has not been repealed by the Civil Aviation Department, which is no longer in existence.

As such, by way of the Special Regulation’s sunset provision, accompanied by legislative inaction, the regulation of drones in The Bahamas has been returned to a state of limbo. A sunset provision is any stipulation that a programme, statute, regulation or other reference ceases to exist or be in force at a particular time unless further specific action or occurrences take

LETTERS letters@tribunemedia.net place.

While perhaps rather tempting due to its convenience, this situation is not adequately addressed by merely re-issuing the previous regulations. In fact, this approach (if taken in isolation) is likely to only result in more questions as opposed to the production of answers.

This is as, the Special Regulations issued in early 2016 did not comprehensively address the issue of drone use in The Bahamas.

This, however, is easily understood and accepted given the context, implicit by the inclusion of the regulation’s sunset provision. Therefore, it is worth noting, that the purpose of the special regulation was merely to enact temporary measures to respond to a new phenomenon which at the time was also just beginning to be regulated substantively by the Federal Aviation Administration (FAA). However, having passed the time stipulated in the special regulation’s sunset provision, action is now required.

Therefore, it is appropriate for the relevant authorities to engage stakeholders in taking steps

towards correcting this dilemma. The Bahamas is now presented with the opportunity to move in-step with other jurisdictions like, for example the United States of America that have, through its [FAA] (as well as state legislatures) implemented steps to regulate this relatively new phenomenon and address the attendant concerns of public safety, privacy rights and attribution of liability pertaining to tortious conduct that are all associated with drone use.

Further, the relevant civil aviation authorities are well advised to lead this charge by drafting legislative proposals for debate in Parliament as was foreshadowed in the language of Special Regulation No. 1. All with a view towards elevating drone usage and its necessary regulation in The Bahamas.

Such stakeholder and legislative action is not only timely and forwardthinking, but also useful in strengthening the continued growth of this fledgling industry in our sunny isle, thereby enabling us as a people to again lift our heads and standards to the rising sun.

KEITH O MAJOR II, AA, LL.B (Hons), LEC Nassau, November 17, 2017.

Problems at the post office EDITOR, The Tribune.

PRE-MAY 10th, 2017 the Post Office was not operating on all cylinders, it hasn’t been since, but incredibly overnight when revenue is an issue Government Mail can suddenly appear.....

Notices for PO Box rentals - I would honestly be embarrassed issuing them when the public has not had a postal service for over two-years - but they can get the Notices in the boxes.

Real Property advertise

that on December 18th... rush to your PO Boxes and collect their Assessments - desperately hoping that some folks will pay. How can they advertise like this and we are unable to get our private mail?

Surely priority is being given to the back-sorting of private mail not to Government Tax mail?

The Minister goes on TV and promises the Post Office will deliver Santa’s mail but forgot to mention which Christmas 2017-2018

or even 2019?

Minister you should be ashamed demanding Post Box Rent.. .most of 2017 we never got service so why should we pay?

Ministerial indecision caused the delays - caused the workers to go on goslow and us, the paying and annoyed customers to be frustrated by the lack of basic postal services.

JEROME MOSS Nassau, December 6, 2017.

THE TRIBUNE

Tuesday, December 12, 2017, PAGE 5

NINE HOMELESS AFTER BLAZE

A FIREFIGHTER tackles the remnants of the blaze on Minnie Street last night.

Photo: Terrel W. Carey/Tribune Staff

NINE people including a child are “homeless” after a fire ripped through four structures on Minnie Street last night, police said.

Superintendent Walter Evans, head of Police Fire Services, said police were called to the scene of a structural fire on Minnie Street, north of Cordeaux Avenue, after 7pm.

“When the first unit arrived, which was three minutes after we received this information, we met several structures fully ablaze and the call out was for all the available units on New Providence to assist in the extinguishing of this fire,” Supt Evans said on the scene last night. “We discovered (after the fire was extinguished) that there were four structures which were destroyed, we had several vehicles which were damaged and four vehicles which were destroyed.

“There were four homes. . . and there are nine persons who are left homeless, eight adults and one child.”

The dangerous blaze threatened nearby buildings, including a preschool and a woodwork shop, Supt Evans said, forcing firefighters to work quickly to contain and extinguish the flames.

Police did not say what caused the fire.

The investigation continues.

Activist: Relocation plans not enough to protect residents

By DENISE MAYCOCK Tribune Freeport Reporter dmaycock@tribunemedia.net THE Office of the Prime Minister in Grand Bahama expects to release the final report of a safety risk assessment of communities near the industrial park this week, but a local activist says the report does not adequately address safety issues of the residents.

Activist Shuffel Hepburn Sr said of the 3,000 residents in the affected communities, the report recommends the relocation of only one percent of the people.

The Antea Group of The Netherlands conducted an independent safety risk assessment of the area last year.

Last week, Senator Kwasi Thompson, minister

of state for Grand Bahama, said the government had received a final report from Antea and that it was under review. He indicated the government had allowed those who had expressed concerns about the report to meet with the Antea to voice their concerns before the submission of the final report.

Mr Thompson indicated the copies of the final report would be presented to all relevant stakeholders, the Department of Environmental Health Services (DEHS), the Grand Bahama Port Authority (GBPA), the industrial plants and the Grand Bahama Environmental Association (GBEA).

A representative of GBEA informed The Tribune the organisation has

been invited to attend a meeting at the Office of the Prime Minister set for yesterday for the presentation of the final copy of the safety risk assessment.

Mr Hepburn, who rejects the findings of the study, issued a statement on Sunday giving his views of the report.

“It (the report) is not concerned with the everyday safety issue of residents living around the plants,” he stated. “I am concerned that the study has marked out a buffer zone around the areas surrounding the homes and declares that a mere total of six homes are in the dangerous buffer zone.”

Mr Hepburn said the study indicates the six homes are the only residences that are too close to Buckeye plant.

TEACHER MURDER TRIAL RESUMES IN COURT TODAY

By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net

THE murder trial of former Queen’s College elementary teacher Joyelle McIntosh resumes today before Justice Bernard Turner.

Starting at 10.30am, Justice Turner is expected to begin summing up the evidence to the jury and further direct them on the evidence with regards to the law.

Armando Sergeant of Kemp Road, Johnny

Mackey of Bonaby Alley, and a teenager who cannot be named because he was charged as a minor, are the three people accused of the November 11, 2015 murder of McIntosh.

It is alleged the teenager, who was 17 at the time of the incident, along with Sergeant and Mackey, attempted to rob McIntosh, at gunpoint, of her 2009 silver coloured Toyota Corolla worth $6,000.

During the failed carjacking, the victim was shot multiple times in her head and body. She later crashed

into a wall at the intersection of Parkgate and Village Roads.

All three accused have denied the allegations, and while taking the witness stand previously, each said they were beaten by police to give false confessions concerning their alleged involvement in the crime.

Viola Barnett and Akeyra Saunders represent the Crown. David Cash, Sonia Timothy and Dorsey McPhee represent Sergeant, the teenager, and Mackey, respectively.

COCAINE SMUGGLERS’ $1.6M CARGO from page one

the drugs were hidden in a concealed compartment of the vessel.

Superintendent Jamuel The drug bust came Ferguson, commander several days after police of the DEU, on Sunday uprooted more than confirmed five people, 10,000 marijuana plants on including the boat cap- Andros. tain, were arrested and The seizures were taken into custody. made in two separate inciSuperintendent Fergu- dents after the discovery son, at that time, indicated of two large cannabis fields

in Owens Town, North Andros.

The first discovery, of over 8,000 plants, was made around 1pm on Wednesday.

DEU agents returned to the area the next day around noon and discovered a second field, where they uprooted an estimated 2,300 marijuana plants.

TWO MEN HUNTED IN MURDER PROBE

By DENISE MAYCOCK Tribune Freeport Reporter dmaycock@tribunemedia.net

GRAND Bahama police are searching for two men who they want to question in connection with a murder investigation, according to a senior police official.

Asst Supt Terecita Pinder said police want to speak with Jemeric “Big Meech” Greene, 32, of Dorsette Alley. He has a dark brown complexion, is 5’6” to 5’10” and is of medium build.

The second man police want to speak with is Jamal “Chopper” McSweeney, 32,

also of Dorsette Alley. He has a light brown complexion, is 5’6” to 5’10” and is of medium build.

Anyone with information is asked to call the Central Detective Unit at 502-9991 or 502-9992. Or call 911, 302-8430/1 or 328–TIPS (8477).

“There are less than 30 persons inclusive of adults and children who live in these homes presently. The study calls for only these homes to be relocated.

This amount represents a mere one percent of the 3,026 persons now living in the Industrial Park,” he said.

“The government moved thousands of teachers and students (from nearby schools) but only wants to

move 30 residents to safety.

This is a far cry from the actual needs of the communities. The GBEA has been calling for the relocation of the communities for years,” he said.

Mr Hepburn stated it is one of the main reasons why he disapproves of the safety assessment study initially commissioned

by Dr Michael Darville, former Progressive Liberal Party minister for

Grand Bahama.

“It is not the right study, and it seeks only to embolden the industry’s case,” Mr Hepburn claimed.

The GBEA has written a letter of complaint to Prime Minister Dr Hubert Minnis expressing its concerns “that the government has no plan of its own, and is only carrying forth the misguided and devious plan of the former government.”

ATLANTIS PARADISE ISLAND, THE BAHAMAS

REQUEST FOR PROPOSAL RE: IHCL -018 LAUNDRY MANAGEMENT SERVICES

The Atlantis, Paradise Island, Bahamas is soliciting proposals from qualified companies to provide LAUNDRY MANAGEMENT SERVICES. The entity that wishes to secure this business must have a strong concept of service deliverables and be equipped with a dedicated team to carry out (in summary) the following: General Work Requirements: 1.

2.

3.

4.

5.

6.

Load carts of soil linen onto conveyors to be sorted.

Sort soil linen into like type classifications .

Separate rejected linen into reject bins.

Manually up load machines as required.

Off load machines as required.

Wash linen on programmed formula based on classification of linen.

7. Separate and inspect sheets for processing after washing.

8. Assemble linen on the loading dock for weighing.

9. Monitor & Report all malfunctioning equipment or Safety Hazards to owners immediately.

10. Provide labor for trucking soiled linen 11. Sort, wash and process linen and prepare for shipment, The RFP and vendor selection process can be obtained by contacting: Patrice L. Carroll – Director of Purchasing via email: patrice.carroll@atlantisparadise.com This invitation is open as of December 09, 2017 thru.

December 18, 2017

PAGE 6, Tuesday, December 12, 2017

THE TRIBUNE

GOVERNOR GENERAL WELCOMES CABINET TO CHRISTMAS LUNCHEON

GOVERNOR General Dame Marguerite Pindling hosted Prime Minister Dr Hubert Minnis and members of his Cabinet to an annual Christmas luncheon for government ministers at Government House on Monday.

Pictured in the drawing room seated

with Dame Marguerite are Dr Hubert Minnis (centre left) and Attorney General and Minister of Legal Affairs Carl Bethel (centre right).

Also pictured from left are: Minister of National Security Marvin Dames, Minister of Works Desmond Bannister,

Minister of Agriculture and Marine Resources Renward Wells, and Minister of the Public Service and National Insurance Brensil Rolle. Standing from left: Minister of State in the Office of the Attorney General and Ministry of Legal Affairs Elsworth Johnson,

Minister of State for Grand Bahama in the Office of the Prime Minister Kwasi Thompson and Minister of the Environment and Housing Romauld Ferreira.

Photo: Letisha Henderson/BIS

Over-the-Hill plan ‘drop in the bucket’ from page one Mr Davis said the Free National Movement (FNM) appears to still be on the campaign trail. He also said despite the Minnis administration’s mantra of it being “the people’s time” none of its plans so far impacts the ordinary Bahamian.

“Once they attempt to do some things you realise that all they are doing doesn’t really touch or concern the ordinary Bahamian but a select few,” the Cat Island, Rum Cay and San Salvador MP said.

“In addition to that is the question of who got benefits during the last budget cycle for tax relief. It was

not the ordinary Bahamian, but a select few.

“The one initiative that they are saying will help the economy is the Commercial Enterprises Bill.

They are saying it has all to do with Bahamas, but when you look at the bill itself, the objective is to liberalise work permits and giving away of a portion of our economy for $250,000.

“I think all of these are an attempt to address some of their broken promises to the inner city.”

The Official Opposition leader also took a swipe at Prime Minister Dr Hubert Minnis’ comments at a town hall about the plan last Thursday where he hinted more details would be revealed later.

During the town hall meeting, Dr Minnis said in part: “… Tonight I only give you the cake, tomorrow I give you the icing. Be assured the icing is better than the cake.

“We want you to have a better start so the higher you start it’s easier for you to now be a part of these businesses that do not exist now. It’s all for preparing you for tomorrow. We don’t want you to have only remedial jobs.”

Pinpointing these remarks, Mr Davis said it was evident the government was “insensitive and uncaring” toward the plight of those residing in the inner city.

“This is reminiscent of (Charles Dickens’) ‘A Tale

of Two Cities,’” Mr Davis said. “In it, the Queen of France - Marie Antoinette – when she was told the poor people didn’t have any bread to eat she responded, ‘Let them eat cake.’

“That’s what comes to my mind. It reflects an insensitive and uncaring attitude towards the plight of the people.”

During the event at the Grant’s Town Wesley Methodist Church Hall last week, Dr Minnis and his team promised to make the constituencies free WiFi areas, to create a food market for native products in the area, to construct a multi-purpose community centre that offers care for children, the elderly and opportunities

for counselling to people of all ages, to create an auto-mechanic cluster that eliminates roadside mechanics in residential areas and to build a sports complex with volleyball, tennis, basketball courts and a swimming pool, among other things.

The government also plans to eliminate the vexing problem of outside toilets by 2025.

However, Mr Davis said this raises questions of how the government is willing to manage the resources that are already available.

“With the citizens and security programme, the multipurpose facility is central to that programme.

There is one multi-purpose (centre) in Fox Hill right now that’s not being used.

So it’s one thing to say these things but your actions speaks louder than your words. What is happening with that multipurpose centre?

“If they really meant that, they could have demonstrated this by at least looking after the one that’s there and then I think there is one in Grants Town. I don’t know what’s

happening with that. All these are already plans that have been in the making.

They just need to follow through and govern.”

Key details of the programme, including cost and a timeline, were not shared and remain subject to assessments, but Dr Nicola Virgil-Rolle, head of the Economic Planning Unit in the Office of the Prime Minister, said last week that $5m will be reserved in each budget to help the administration accomplish its goals.

Although the precise delineation of the innercity tax zone has yet to be defined, the zone is expected to involve at least parts of Bain and Grants Town, Centreville, St Barnabas and Englerston. The tax-free zone is expected to be rolled out in a Nassau Over the Hill Rejuvenation Bill at the start of the next fiscal year, Dr Virgil-Rolle said.

That bill will lay out concessions, identify the minister responsible for the policy, establish a foundation to raise funds for projects in the communities and explain the penalties for breaches.

Memorial Service for VINCENT “Skully” BETHEL, 66 Of #30 Apple Street, off Rolle Avenue, will be held 11:00A.M. on Thursday, 14th December, 2017 at Rock of Ages Funeral Chapel, Wulff Road and Pinedale. Rev. Dr. Godfrey A. Behell will officiate.

He is survived by two aunts: Eurene Nottage & Mizpah Major both of Tarpum Bay, Eleuthera; first cousins: Rosalind and Darrick Bethel, Valgo Shannon, Lyn Curry, Valrea Sturrup, Miriam Carey, Theresa Sands, Constance, Anthony, Gary and Ferdinand Gibson, Glenelle Bailey, Ann Scantlebury, Claudia Sands, Paula Bowe, Donna Nottage, Earla Bethel, Karen Carey, Lavaughn Wood, Alice Cooper, Lois Tofort, Aaron, Douglas, Dwight, Peter, Paul and Jason Thompson, Tanika Williams, Basil Cooper, Laverne McClain, Reba Sterling, Dr. Godfrey Jr., Keith, George and Christopher Major and the children of the late Rene Smith; other relatives and friends including: Aretha Whitfield, friends and neighbors of Apple Street especially his housemates and Mrs. Velma Bain and he is remembered by former residents and friends of Ball’s Alley and Peach Street.

There will be no viewing. Cremation has taken place.

THE TRIBUNE

Tuesday, December 12, 2017, PAGE 7

Staff sent home in WSC theft probe

from page one While he would not speak to this new WSC probe, when contacted yesterday WSC Chairman Adrian Gibson told The Tribune the EY audit is wrapping up and a report should be forthcoming by the end of the week or early next week.

Asked whether there was anything ongoing within the corporation that could be concerning or alarming to Bahamians, Mr Gibson said: “No, I don’t think so.”

He added: “The audit is wrapping up now and a report should be coming this week or next week.

“The board is moving to ensure transparency and that the corporation operates with efficiency and abides by all protocols.

“We want it to run as a business with all of the checks and balances in place that when allegations arise of grave concern they can be dealt with properly.

“I don’t think it’s a surprise the government and board would move to have allegations where they arise handled properly.”

Yesterday, the Nassau Guardian reported several WSC employees, including one executive, were placed on leave pending the findings of an internal investigation which was described by Works Minister Desmond Bannister as a probe of “sensitive allegations”.

He said the board requested permission to place the employees on leave and he agreed.

Back in September, at

BAHAMIAN HELD AFTER COCAINE FIND A BAHAMIAN man travelling to the United States was arrested at the Lynden Pindling International Airport after authorities found more than one pound of cocaine in his luggage.

According to police, shortly after 7am Monday, the man was detained by United States Customs and Boarder Protection officials in the US pre-clearance departure lounge at LPIA after one and a half pounds of of cocaine were discovered in his luggage.

The suspect was handed over to Drug Enforcement Unit officers and is expected to appear in court later this week to be formally charged.

Police also said an illegal firearm was seized off the streets of New Providence on Monday.

Shortly after 3pm, officers from the Central Division were on routine patrol on Infant View Road when they observed a man acting in a suspicious manner. The man, upon seeing the officers, dropped a white shirt and fled. The officers gave chase but were unable to catch the suspect.

Officers made a check of the shirt and recovered a .45 Colt pistol along with ammunition.

The investigation continues into this matter.

ADRIAN GIBSON least two senior officials at WSC were placed on administrative leave while Ernst & Young performed a forensic audit of the organisation.

In a message to staff at the time, Mr Gibson announced that until October 9, 2017, General Manager Glen Laville and Chief Financial Officer Sandra Edgecombe would be replaced by Mr Deal

and Acting Chief Financial Officer Cheri Hanna.

A source at the corporation later told this newspaper police escorted one senior officer home to retrieve his laptop.

Both these executives have since returned to the corporation.

In response, former WSC Chairman Leslie Miller said the government needed to explain outright what sparked the forensic audit into the WSC and the placement of the two executives on administrative leave, adding he was shocked to learn of these developments.

Mr Miller said when he served as chairman under the former Christie administration, neither he nor WSC’s board of directors were aware of anything “unbecoming” at the corporation.

AN IMAGE from video footage in the aftermath of the crash.

11 INJURED IN BRIDGE JUNCTION CRASH POLICE in New Providence are investigating a traffic accident that left 11 people injured.

Shortly after 2pm yesterday, an accident occurred at the junction of East Bay

Street and Mackey Street involving a taxi van and a 2003 Honda Stream car, which resulted in the van overturning.

Nine passengers of the taxi, who appeared to be

tourists, along with both drivers were taken to hospital suffering from minor injuries.

Officers from the RBPF Traffic Division are investigating.

www.ub.edu.bs

CAREER OPPORTUNITIES Suitably qualified persons are invited to apply for the following positions:Administrative Assistant I responsible for assisting the Director and Assistant Director of Alumni Affairs with the overall day-to-day management of the office as well as matters arising from the UB Alumni Association. Specific duties and responsibilities include attending meetings with the Director and Assistant Director of Alumni Affairs; keeping notes of discussions held and decisions taken in such meetings for distribution to relevant persons; undertaking research and/or follow-up activities and providing administrative support related to special projects as directed. The required qualifications are a Bachelor’s Degree or the equivalent with no work experience, OR an Associate Degree in a relevant area with ten (10) years of work experience.

Administrative Assistant II responsible for providing administrative support for the operational efficiency and productivity of the Office of University Relations, particularly in project management, maintaining various schedules and production timelines and document management. Specific duties and responsibilities include greeting and directing visitors; maintaining records of projects, tasks and timelines; responding to general telephone, e-mail and in-person questions and messages and directing them appropriately; transcribing various audio and video recordings and preparing correspondence as needed.

The required qualifications are a Bachelor’s degree in Business Administration or a related discipline, or the equivalent, AND at least four (4) years’ post-qualification work experience.

Administrative Assistant II responsible for supporting project management, scheduling, document management, office supply maintenance, preparation of meeting agendas and minutes and event and meeting planning in the Office of the Dean of Students. Specific duties and responsibilities include acting as liaison in coordinating matters with the Dean of Students and department heads concerning administrative and operational matters; designing and maintaining the record keeping and filing system; receiving and screening telephone calls and visitors for the Office of the Dean of Students; and coordinating meetings, events, interviews, appointments, conferences and/or other similar activities. The required qualifications are a Bachelor’s Degree or the equivalent, AND at least four (4) years of post-qualification work experience.

Data Entry Clerk II with responsibility for processing prospective student applications and conducting data entry and data checks. Specific duties and responsibilities include updating applicants’ records in the student information system; verifying the accuracy and completeness of data entered; sending out timely responses to applicants; creating and maintaining effective filing systems for the Data Processing Unit and providing periodic reports as required by the supervisor. The required qualifications are an Office Assistant’s Certificate OR approved equivalent AND five (5) years of relevant work experience; OR an Associate Degree in Business Administration.

Video Producer responsible for the comprehensive production of a broad range of video content which projects various aspects of University of The Bahamas to national, regional and international audiences. Specific duties and responsibilities include collaborating with University constituents including administrators, faculty and department leaders on video projects; conceptualizing, planning and executing video shoots including audio, camera operation and talent direction as needed; providing and uploading video content for various social media channels inclusive of the terms for search engine optimization; and troubleshooting in dynamic situations, and resolving technical issues as they arise. The required qualifications are a relevant baccalaureate degree in Video Production, Film Production, Television Production or a related discipline AND a minimum of five (5) years’ experience in broadcast television or a related area.

Writer, News and Publications with responsibility for developing narratives for print, digital and online media and publications. Specific duties and responsibilities include generating content ideas for University publications, collaterals, supplements, newsletters and reports; gathering leads, themes and storyline development; researching and writing for University publications, press releases and related media and public relations assignments; collaborating with internal and external constituents on special projects; and providing proofreading assistance and minor editing. The required qualifications are a Bachelor’s degree in Journalism, Media Journalism, Mass Media Arts, Communications or a related discipline, or the equivalent, AND at least five (5) years’ post-qualification work experience writing for print, broadcast or online media.

Detailed position announcements are available online at: http://www.ub.edu.bs/about-us/career-opportunities/ .

Interested applicants should submit the following to the Human Resources Department via hrapply@ub.edu.bs by Wednesday, 20th December 2017: • A cover letter of interest highlighting work experience and accomplishments relevant to the position; • Completed Employment Application Form (www.ub.edu.bs/wp-content/uploads/2017/01/Application-for-Employment-Staff.pdf)

• Current Curriculum Vitae or Resume; • Copies of Qualifications and Certificates; • Copy of the relevant pages of a valid passport showing passport number, photo identification and expiration date; • Copy of N.I.B. Card; • At least three (3) written, professional references.

PAGE 8, Tuesday, December 12, 2017

Building to begin on Junkanoo facilities

By DENISE MAYCOCK Tribune Freeport Reporter dmaycock@tribunemedia.net CONSTRUCTION will begin in 2018 on multipurpose Junkanoo facilities in The Bahamas, Minister of Youth, Sports and Culture Michael Pintard said, having already received commitments of over $700,000 towards the project from private citizens.

He indicated the project would be a public-private partnership, with the goal to build at least seven facilities throughout the country next year.

Mr Pintard said officials are already looking at land in Grand Bahama, Exuma, and New Providence, and have met with Junkanoo leaders to discuss the project.

He said: “I want to thank the Grand Bahama Port Authority for partnering with us in terms of looking at a land grant, and a gentleman in Exuma who donated half an acre toward

project there; we are now negotiating with families to sell land for the Junkanoo groups in New Providence.

“We’ve had a commitment from five corporate citizens for $750,000 toward the project. So it is a publicprivate partnership, and the Junkanoo groups will have to (contribute as well). So it is a collaborative effort, and the prime minister is very excited about it. We are expected to construct a minimum of seven of these throughout The Bahamas next year.”

Mr Pintard explained the facilities would comprise of a logo store, performance space, creative space, small cafe and a recording studio.

He stressed the ministry has had two meetings with Junkanoo leaders regarding the project and discussed the need for groups to be self-sustaining.

“Every year they have to go out and raise capital from corporate citizens who have been pretty consistent,

but they have a challenge making this commitment over the next 10 to 15 years.

And so a part of assisting the groups is by suggesting that if they have a facility that has income generating components, they can be in a position to generate funds equivalent to what they are getting from the corporate community,” he explained.

“It is not a new idea and has been discussed for 25 years, but it will happen in 2018. We presented floor plans, and are working with Axum Architecture firm.”

Mr Pintard said that groups would be able to sell their paraphernalia in the logo/gift store. He said students and visitors could visit the facility to see the history of Junkanoo and how practitioners create costumes.

“We are also recommending for the upstairs (to have) meeting rooms and a recording studio – we believe it can be transformative for the culture,” he said.

THE TRIBUNE

MINISTER of Youth, Sports and Culture Michael Pintard.

PUBLIC DISCLOSURES COMMISSION STILL REVIEWING FILINGS

By RICARDO WELLS Tribune Staff Reporter rwells@tribunemedia.net

THE Public Disclosures Commission has held several meetings in recent weeks, according to Chairman Myles Laroda, who yesterday suggested the unit was still reviewing the status of various 2016 and 2017 filings.

Addressing the recent actions of the PDC, Mr Laroda told The Tribune the unit was now meeting “regularly,” but

still wasn’t in a position to add anything “new”.

He also claimed neither he nor his unit could address any ongoing issues with filings from the 2016 and 2017 periods, or the government’s self-imposed deadline to prosecute delinquent public officials under the Public Disclosure Act. However, he said clarification could come “probably soon”.

There was a July 3 timeline set by Prime Minister Dr Hubert Minnis for the files on delinquent

disclosures to be sent to the Office of the Attorney General.

Since then the first annual deadline for newly elected members of Parliament and senators to submit their full disclosures has also passed.

The government has, in the past, used the initial deadline - which coincided closely with the expiration date of board appointments - as the main reason for inaction.

Additionally, Mr Laroda has also said the PDC had problems

meeting because of a mould issue in their office.

When contacted yesterday, Mr Laroda said: “I have nothing sensational to add at this time. Nothing sensational to say. We are meeting. I can say that. We are meeting regularly and we may have something, probably soon.”

Asked if the government had adjusted its stance on its deadline, Mr Laroda added: “No, not to my knowledge. There are no new deadlines coming. If anything changes with that,

that won’t come from me or the commission. We aren’t in that sort of position.”

The Tribune then questioned if filings from the 2016 and 2017 periods were waived and whether or not complete focus was now being given to the 2018 period, to which Mr Laroda contended: “No such discussion has been had.”

He continued: “We had, among other things, discussions on the 2016 and 2017 period. So, as far as I am aware, those issues are still

something we are dealing with.”

In the case of people appointed or elected after the annual March 1 deadline, the Public Disclosure Act states that disclosures must be filed within three months from the date - effectively, August 10 for MPs and August 22 for senators.

On July 12, Mr Laroda said at least three people failed to file their disclosures in the time the prime minister allotted.

HOTEL FAILS IN COURT BID TO STRIKE OUT COSTS FROM UNION BILL

By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net A HOTEL management company’s legal bid to have the appellate court strike out a bill of costs from the Bahamas Hotel Maintenance and Allied Workers Union because it allegedly stemmed from a financial agreement between the union and its attorneys has been dismissed.

The Court of Appeal, in a written ruling, dismissed West Bay Management Ltd’s application for the court to set aside the union’s bill of costs, which West Bay claimed stemmed from a contingency fee agreement between the union and its attorneys and was thus prohibited in this jurisdiction.

In dismissing the application, Court of Appeal President Dame Anita Allen and fellow Justices Jon Isaacs and Stella Crane-Scott agreed with Justice Ian Winder’s previous decision on the matter, that there was no evidence of a conditional fee agreement in existence.

The appellate judges also found West Bay had not proven to their lordships that its grounds of appeal involved any points of law.

The appellate judges also said it was not satisfied West Bay demonstrated the existence of any point of law of general public importance arising out of the judge’s decision to be considered.

According to the ruling, in May 2014 the BHMAWU’s amended bill of costs issued on June 29, 2012 went before the deputy registrar of the Supreme Court for taxation.

At that time, West Bay discovered counsel for the union had only submitted a bill of costs to his clients, the hotel workers union, for work done from April 2006 - September 2008, for the first time purportedly on October 12, 2012, some 14 months after lodging the bill for taxation.

West Bay subsequently sought to have the bill struck out on the basis it was a conditional fee agreement and thus an illegality. However, the registrar refused to strike out the application.

On July 17, 2014, West Bay filed a summons in the Supreme Court from the deputy registrar’s refusal of the strike out application.

West Bay’s main contention was the amended bill of costs should have been set aside and/or struck out on the basis the costs payable therein to counsel arose out of a contingency fee agreement.

West Bay’s attorneys argued such arrangements are in breach of the Bahamas Bar (Code of Professional Conduct) regulations and are thus “unenforceable.”

The matter was heard on appeal before Justice Ian Winder, who ultimately found there was no direct evidence of a conditional fee agreement between the union and its attorneys. He thus refused to strike out the amended bill of costs.

On October 6, 2014, West Bay appealed Justice Winder’s ruling, which went before the Court of Appeal for hearing on July 23, 2015.

However, the appellate court dismissed that appeal because there was “no competent appeal” for the court to entertain, the appeal being a “second or further appeal” from the registrar’s refusal to strike out the amended bill, and that West Bay “had not obtained a certificate that a second or further appeal concerned a point of law of general public importance.”

West Bay subsequently filed a notice of motion on August 10, 2015, pursuant to Section 21(1) of the Court of Appeal Act, for leave to have the issues raised by its draft notice of appeal certified as a point of law alone of general public importance.

In considering the contents, the court ruling said West Bay had two

“hurdles to surmount” in order to convince the appellate judges that the matter should be certified for appeal: it had to demonstrate that its grounds of appeal involved a point of law alone and also that the points raised are of general public importance.

Regarding the first “hurdle,” West Bay asserted that the certification it sought did raise a point of law of general importance, and that the appellate court should determine whether a conditional fee arrangement ought to be allowed.

West Bay asserted that such arrangements run “contrary” to the rules of professional conduct for members of the Bahamian Bar West Bay also contended that the general public importance aspect of the point of law is reflected in the public policy reasons against contingency agreements.

However, the appellate judges ultimately ruled that West Bay did not cross either of the two “hurdles”, and expressed their agreement with Justice Winder’s previous ruling on the matter.

“We considered all of the appellant’s submissions and authorities and agree with the learned judge’s decision that on the circumstantial evidence advanced, there was no evidence of a conditional fee agreement in existence,” the ruling said. “In the circumstances, we found that the appellant had not crossed the first hurdle, that is, that his grounds of appeal involved any points of law alone.

“We were also not satisfied that the appellant had demonstrated that there was any point of law of general public importance arising out of the judge’s decision to be considered.

Having failed to do so, the appellant had also fallen short of the second hurdle.

“For all of the above reasons we dismiss the appeal and make no order as to costs.”

PAGE 10, Tuesday, December 12, 2017

THE TRIBUNE

FINAL PUSH IN FIGHT FOR SENATE VOTE

BIRMINGHAM, Ala. (AP) — Facing voters at last after the year’s most bitter US campaign, Alabama Republican Roy Moore cast himself Monday as the victim of a national barrage of unjust allegations of sexual misconduct with teenagers. Rival Doug Jones, hoping to become the state’s first Democratic senator in two decades, declared their race was Alabama’s referendum on “who we are and what we’re going to tell our daughters”.

Allegations aside, President Donald Trump said in a robocall to Alabama voters that he badly needs Moore’s own vote in the US Senate. Former President Barack Obama and his vice president, Joe Biden, recorded calls for Jones.

Whether the calls would sway anyone so late in such a highly publicised campaign was an open question. So was the impact of a rash of false news stories that have appeared on social media spreading misinformation.

One website wrongly claimed one of the women who have accused Moore of sexual misconduct had recanted.

Meanwhile, Moore’s detractors took to social media to claim he had written in a 2011 textbook that women shouldn’t hold elected office. He didn’t.

“It’s just been hard, a hard campaign,” said Moore, a former Alabama Supreme Court chief justice who was twice removed from that post for violating judicial ethics.

PENTAGON TO ALLOW TRANSGENDER PEOPLE IN MILITARY WASHINGTON (AP) — Transgender recruits will be allowed to enlist in the military beginning Jan 1, the Pentagon said Monday, as President Donald Trump’s ordered ban suffered another legal setback.

The new policy reflects the difficult hurdles the federal government would have to cross to enforce Trump’s demand earlier this year to bar transgender individuals from the military.

Three federal courts have ruled against the ban, including one Monday in Washington state.

In October, US District Judge Colleen Kollar-Kotelly barred the Trump administration from proceeding with its plan to exclude transgender people from military service.

Part of the effect of the ruling was that the military would be required to allow transgender people to enlist beginning Jan 1.

FIREFIGHTERS knock down flames as they advance on homes atop Shepherd Mesa Road in Carpinteria, California.

Photo: Mike Eliason/Santa Barbara County Fire Department via AP

FIRE CLOSES ON CALIFORNIA COMMUNITY

LOS ANGELES Associated Press

ASH fell like snow and heavy smoke had residents gasping for air Monday as a huge Southern California wildfire exploded in size, becoming the fifth largest in state history and driving celebrities from a wealthy hillside enclave.

Tens of thousands have fled their homes as flames churn through foothill towns near Santa Barbara, the latest flare-up after a week of wind-fanned wildfires throughout the region.

With acrid smoke thick in the air, even residents not under evacuation orders took the chance to leave, fearing another shutdown

of a key coastal highway that was closed intermittently last week.

Officials handed out masks to those who stayed behind in Montecito, an exclusive community about 75 miles (120 kilometers) northwest of Los Angeles that’s home to stars such as Oprah Winfrey, Jeff Bridges and Drew Barrymore.

Actor Rob Lowe wore a mask as he live-streamed his family evacuating Sunday from their smokeshrouded home.

“Praying for the people in my area,” he said to his Instagram followers. “Hope everybody’s getting out safe like we are, and thanks for the prayers and thoughts.

And good luck to the

firefighters, we need you!”

Talk show host Ellen DeGeneres tweeted that neighbors were helping each other and their animals get to safety.

“I’m sending lots of love and gratitude to the fire department and sheriffs.

Thank you all,” she wrote.

The blaze has destroyed more than 750 buildings, officials said. It was partially contained after burning nearly 360 square miles (930 square kilometers) of dry brush and timber.

Customers coming into Jeannine’s American Bakery in Montecito brushed ash from their clothes and marveled at smoke so heavy that visibility was down to just a few feet.

“There’s so much ash it’s unbelievable,” manager Richard Sanchez said.

“Everything is white. The streets are covered, cars are covered, our parking lot is covered.”

Amtrak canceled service through the city of Santa Barbara, and its nearly 200-year-old mission church was closed because of smoke and ash. Authorities issued repeated alerts about unhealthy air and warned people to stay indoors, avoid vigorous outdoor activities and not do anything to stir up ash.

Dr Helene Gardner, an expert in air quality at University of California, Santa Barbara, watched ash fall

“like a fine snow” from her home after the school postponed final exams until January. She said her environmental sciences students got a kick from the fact that the delay was directly related to their field of study.

Gardner warned that the air alerts should be taken seriously because of airborne particulates — “nasty buggers” that can lodge in lungs and cause respiratory problems.

She said the levels of particulates from a wildfire can approach those seen near coal-burning plants in pollution-heavy China and are especially problematic for people exerting themselves.

PIPE BOMB ATTACK HITS NEW YORK CITY SUBWAY NEW YORK Associated Press

A WOULD-BE suicide bomber inspired by Islamic State extremists strapped on a crude pipe bomb, slipped unnoticed into the nation’s busiest subway system and set the device off at rush hour Monday in a scenario that New York has dreaded for years, authorities said.

In the end, the only serious wounds were to the suspect identified as Akayed Ullah, a 27-year-old Bangladeshi immigrant and former cab driver. But the attack sent terrified commuters fleeing through a smoky passageway, and three people

suffered headaches and ringing ears from the first bomb blast in the subway in more than two decades.

“This was an attempted terrorist attack,” Democratic Mayor Bill de Blasio said. “Thank God the perpetrator did not achieve his ultimate goals.”

The suspect had looked as Islamic State propaganda online and told investigators he acted alone in retaliation for US military aggression, law enforcement officials said.

In Washington, President Donald Trump said the explosion highlighted the need to change immigration policies, including the type of family-based visa

Ullah obtained to come to the US in 2011. Such visas are “incompatible with national security”, the Republican president said in a statement.

“America must fix its lax immigration system, which allows far too many dangerous, inadequately vetted people to access our country,” said Trump, who campaigned on cracking down on immigration.

The attack near Times Square came less than two months after eight people died near the World Trade Center in a truck attack authorities said was carried out by an Uzbek immigrant who admired the Islamic State group.

Law enforcement officials said Ullah was inspired by IS but apparently did not have any direct contact with the group. Gov Andrew Cuomo said there was no evidence, so far, of other bombs or a larger plot. He said officials were exploring whether Ullah had been on authorities’ radar, but there was no indication yet that he was.

Cuomo said there was reason to believe the attacker looked at bombmaking instructions online.

Investigators described the bomb as a low-tech explosive device attached to Ullah with “Velcro and plastic ties.” It was ignited with a Christmas light, matches and a nine-volt

battery. The short pipe was packed with explosive powder but did not work as intended. It was not powerful enough to turn the pipe into deadly shrapnel, the officials said.

Investigators said the suspect was seen on surveillance footage putting the circuits together with his hands and igniting the bomb.

Authorities were searching Ullah’s Brooklyn home and a nearby rented space, interviewing witnesses and relatives, reviewing his subway fare card and looking for surveillance footage that might show his movements in the moments before the 7:20am attack.

FRANCE FUNDS CLIMATE SCIENCE AMID US SKEPTICISM PARIS Associated Press EIGHTEEN climate scientists from the US and elsewhere hit the jackpot Monday as French President Emmanuel Macron awarded them millions of euros in grants to relocate to France for the rest of Donald Trump’s presidential term.

The “Make Our Planet Great Again” grants — a nod to Trump’s “Make America Great Again” campaign slogan — are part of Macron’s efforts to counter Trump on the climate change front. Macron announced a contest for the projects in June, hours after Trump declared he would withdraw the US from the Paris climate accord.

More than 5,000 people from about 100 countries expressed interest in the grants. A majority of the applicants — and 13 of the 18 winners — were USbased researchers.

Macron’s appeal “gave me such a psychological boost, to have that kind of support, to have the head of state saying I value what you do,” said winner Camille Parmesan, of the University of Texas at Austin. She will be working at an experimental ecology

station in the Pyrenees on how human-made climate change is affecting wildlife.

In an interview with The Associated Press, Parmesan described funding challenges for climate science in the US and a feeling that “you are having to hide what you do”.

Trump has expressed skepticism about global warming and said the Paris accord would hurt US business by requiring a reduction in climate-damaging emissions.

“We will be there to replace” US financing of climate research, Macron told the winners in Paris on Monday.

“If we want to prepare for the changes of tomorrow, we need science,” he said, promising to put in place a global climate change monitoring system among other climate innovations.

The research of the winning recipients focuses on pollution, hurricanes and clouds. A new round of the competition will be launched next year, alongside Germany. About 50 projects will be chosen overall, and funded with 60 million euros ($70m) from the state and French research institutes. The time frame would cover Trump’s current presidential term.

PAGE 12, Tuesday, December 12, 2017

THE TRIBUNE

ALIV has partnered with the Royal Bahamas Police Force (RBPF) Band to raise funds for the families of fallen officers with the branding and promotion of the police band’s Christmas CD. Police officials and Aliv representatives are pictured at a press conference on Friday.

ALIV WITH THE SOUND OF MUSIC

By MORGAN ADDERLEY

ALIV has partnered with the Royal Bahamas Police Force (RBPF) Band to raise funds for the families of fallen officers with the branding and promotion of the band’s Christmas CD. Proceeds from the CD, “Christmas Melodies Volume II,” will aid the RBPF’s Police Dependant’s Trust.

The trust was established in 1993 to “to assist with the welfare of children of police officers who’ve fallen in the line of duty”.

At a press conference held at Aliv’s headquarters on Friday, Chief Aliv Officer Damian Blackburn said: “I am delighted to announce that we have been working with the RBPF Band for the past two or three months as part of their getting their Christmas CD ready.

“When I found about the work that the RBPF Band did last year at Christmas to create a Christmas CD with all of the funds going to a trust that helps in particular (the families or relatives) of officers who have either been killed in the line of duty

unfortunately or are in need of a assistance due to other reasons, I thought it was a fantastic initiative.”

Mr Blackburn continued: “I approached the RBPF commissioner and the senior officers, and put Aliv’s resources at (their) disposal to work on this project this year so that we could even make it even bigger and better than the first year when they’d done it.

“One of the most important innovations (Aliv has) done around this year is that if you buy a CD, you will be also be able to download the tracks so that you can have them permanently on your phone for Christmas.

“I encourage everyone to buy this and make this an extra special Christmas for RBPF families who are in need of help…

(Aliv) is really proud about the small part we’ve played with the amazing RBPF band to bring this to life.”

Senior Assistant Commissioner of Police Stephen Dean was also present at Friday’s press conference.

He said: “We are honoured and delighted. I don’t think words can adequately

describe how appreciative we are as an organisation to have partnered with Aliv. “(Aliv is) a company, just in a short time of existence, (that) has already begun to make big waves. And if you associate yourself with the RBPF, and in particular the band, you are going places in The Bahamas.

“Any smart businessperson or company will do so, if they want to go places.

Because the RBPF Band is world-renowned— we’ve travelled over the world.

“It gives (the RBPF) a special spark or feeling to know that we are associated with a company who (has) put all of their resources into (assisting) us. This has never happened for the RBPF band, we have gone another notch.”

The CD costs $10 plus VAT, and is available at RBPF Headquarters on East Street as well as flagship Aliv stores.

The CD features 10 tracks, including “Christmas Crow,” “Jingle Bells,” “What Child is This,” and “Let There Be Peace on Earth.” A 28-page keepsake booklet is also included.

The RBPF band will hold its annual beat retreat on December 17.