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VOLUME:115 No.21, DECEMBER 19TH, 2017
THE PEOPLE’S PAPER: $1
WOMAN: IS YOUR MAN ON THE CHRISTMAS NAUGHTY LIST?
Water theft probe: Police investigate
By AVA TURNQUEST Tribune Chief Reporter aturnquest@tribunemedia.net
POLICE have been called in to review files of the internal investigation at the Water and Sewerage Corporation (WSC), which began as a theft probe but has since turned up other “sensitive matters”. WSC Chairman Adrian Gibson told reporters yesterday he made the decision to file a formal complaint with police over findings of the Internal Controls and Compliance Division last week after consultation with Works Minister Desmond Bannister. The internal audit is running simultaneously with an ongoing Ernst & Young forensic audit - the cost of which has not yet been made public. Five people have been sent on leave since investigations began; however, Mr Gibson confirmed three of these have since been brought back to work.
Asked by reporters about theft, Mr Gibson said there was an alleged theft of items and when asked the value, he said in the “thousands of dollars.” He added that there were several “offshoots” which were of grave concern. “The letter (to police) was issued by myself upon consultation with Minister Bannister on Thursday of last week. “No one knows what the forensic audit would say so I can’t speak to ties (between the two audits), once all of the reports are out we will be able to see if there are any nexus. “Internal controls are reviewing allegations of theft, sensitive matters that I don’t want to speak to in the press. “I want them to conduct without outside pressure. Based on what was stated to myself and minister, we determined to invite the police.” SEE PAGE FIVE
“Those who are here illegally, do the honourable, respectable thing and leave – or apply through the legal channel so that you can be matriculated.” He also said, according to ZNS, Cabinet will discuss immigration matters when it meets today. “We will concentrate especially on immigration and other matters related to immigration,” Dr Minnis said. SEE PAGE FIVE
By SANCHESKA DORSETT Tribune Staff Reporter sdorsett@tribunemedia.net IMMIGRATION officials have received information that five Haitian sloops “are on the way” to The Bahamas, according to Kirklyn Neely, head of the Immigration Department’s Enforcement Unit. In an interview with The Tribune, Mr Neely said after questioning several people, including the captain of the boat of migrants that landed near Clifton Pier last week, officials have “reliable information” that five more boats left Haiti last week bound for The Bahamas. SEE PAGE FIVE
AG ORDERS CHECKS ON SCHOONER BAY LEGALITY By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE Attorney General yesterday revealed he has sought a legal opinion over complaints that Schooner Bay’s foreign developer is violating Bahamian real estate laws. Carl Bethel QC confirmed to Tribune Business he had asked his director of legal affairs for “advice” over claims that the 220acre south Abaco project is breaching the Real Estate (Brokers and Salesman) Act by running its own property sales, management and vacation rental business. FULL STORY - SEE BUSINESS
MINNIS: GET OUT OR SECURE STATUS WHILE stating “too many” illegal immigrants are “taking” jobs from Bahamians, Prime Minister Dr Hubert Minnis last night again urged undocumented migrants to leave the country by his December 31 deadline or apply for legal status. Dr Minnis made the comments during an interview with a ZNS News reporter shortly after returning to the country after a trip to Washington, DC.
‘FIVE SLOOPS SAILED FOR BAHAMAS LAST WEEK’
TORIEANO CUMMINGS, 18, of Pyfrom Road, and, back, Keith Barr, 18, of Kemp Road, being arraigned at Nassau Street Court yesterday for murder and armed robbery. The two are accused over an incident at a construction site on Shirley Street on December 10. See page three for the full story. Photo: Shawn Hanna/Tribune Staff
THE FAMILIES LEFT IN LIMBO SPECIAL REPORT By RASHAD ROLLE Tribune Staff Reporter rrolle@tribunemedia.net
SEVERAL hundred feet from a jovial tree-lighting ceremony on Cordeaux Avenue was the scene of the country’s most recent police-involved killing Friday night. According to The Tribune’s records, Marc Charles’ death marked the eleventh
time someone has been killed this year in a policeinvolved shooting and the fifth time it happened in a month. The Royal Bahamas Police Force (RBPF), in a press statement, reported what they believe resulted in the fatality. But some lawyers and families of relatives who have died in custody or in police involved shootings are not only bemoaning delays into the coroner’s inquests into such matters, but even warn that inadequate resources for
the court mean there is no guarantee all the cases will be addressed as the law demands. Several lawyers conceded that people who come from poor backgrounds who are killed are particularly vulnerable to having their matters lost in the system; and if an attorney is not pushing a case on behalf of a family or relative, an inquest may never take place – exposing the country to a potential human rights blind-spot. SEE PAGES EIGHT & NINE
Nassau & Bahama Islands’ Leading Newspaper
CONCERNS OVER 100% GB POWER TAKEOVER
By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
A PROMINENT QC yesterday predicted that his legal challenge to the GB Power buy-out will “send shockwaves through the foreign investor community”. Fred Smith QC, the Callenders & Co attorney and partner, told Tribune Business his long-awaited Judicial Review action “strikes at the very root” of how the Government issues approvals and permits to overseas investors. FULL STORY - SEE BUSINESS
PAGE 2, Tuesday, December 19, 2017
THE TRIBUNE
BNT CHIEF’S CONCERN OVER LOBSTER SUSTAINABILITY THE Bahamas cannot By KHRISNA RUSSELL Deputy Chief Reporter krussell@tribunemedia.net supply its local spiny lobster market while simultaneously meeting the demand of a “nearly insatiable” Chinese export market, Bahamas National Trust (BNT) Executive Director Eric Carey said yesterday, adding lobster numbers have declined over the years.
Mr Carey questioned what officials see as the maximum sustainable yield and insisted the government ensures this number is not more than the environment can sustain. Last week, Agriculture and Marine Resources Minister Renward Wells confirmed the government was awaiting a response from the People’s Republic of China on whether it will approve the large-scale import of live spiny lobster
from the Bahamas for Chinese consumption. Asked whether there were any concerns the move could potentially deplete the local lobster supply, Mr Wells told The Tribune there were none because this resource was currently sustainable due to the closure of the season, which also prohibits the fishing of mature lobsters when they are spawning. However, Mr Carey said it is not safe to presume the
closed season means “all is well”. “There are only so many lobsters that we have,” added Mr Carey. “So you cannot continue to harvest all that you are harvesting now and export the tails and try to supply what is a nearly insatiable market, the Chinese market. So it comes down to us being able to determine what the maximum harvestable sustainable yield is for our lobsters and make sure that
BNT chief executive Eric Carey. we are not harvesting more than the environment can sustain.
“Now some might say that if we are going to redirect the effort and Bahamian fishermen are now going to be paid for what is now a trash part of the industry ie most of the lobster heads are discarded and they bring no monetary value, if they are going to outfit some of those boats so that instead of the head being wrung from the body and they are put into a live well and brought to market. So if we’re still talking about the same number but some of that number being redirected towards this market that’s an interesting concept. Then I think that would make sense because I am advised that there is a higher market with the whole, live lobster. “However, what we cannot do is as I said, supply the hundreds of thousands of pounds now as we currently do in the current traditional market and then expect that we are going to try and supply the Chinese market. It’s economics but it’s also science and ecology. There are only so much lobster out there in our waters.” Responding specifically to the minister’s remarks that the current supply could not be depleted because of the closed lobster season, Mr Carey said he hasn’t seen any evidence that lobster breeding has increased leading to more of them being readily available. “It is not safe to presume that because we have a closed season that all is well and we’ll just be able to have a closed season and harvest every other lobster. I mean what are suggesting? That once we have a closed season that we could just harvest every lobster that is out there? Obviously not because who is going to breed? “The minister needs to be assured as the minister responsible for determining what happens to my marine resources and using scientific evidence that we have sufficient lobster to harvest, as we are doing now for all the tails, and that we can harvest an additional amount for the live market and leave sufficient for the breeding bank. “In the closed season the lobsters are producing and they are producing the interest that we will harvest next year, but you need that principle to produce a certain percentage of interest that we could harvest next year. “I am not suggesting that we do not have enough, but I haven’t seen any evidence to suggest there are more. It needs to be asked how much are we harvesting now? What is the anticipated increase in harvest and most importantly what is the maximum harvestable yield? Has that been determined? If that has not been determined, then neither the minister, or myself, or any fisherman can say that we have sufficient.” However, Mr Carey said he fully supports finding ways for Bahamian fishermen to earn more income. Last week, Mr Wells said as live lobsters fetch a much higher price, revenue generation for the Chinese market would be a lucrative addition to an already $100m seafood export industry where $80m is already accounted for by spiny lobster sales. He said the discussion began last year and, so far, resulted in the Department of Marine Resources conducting a series of studies necessary for a country to be a contender for the Chinese market. Earlier this year, thenPrime Minister Perry Christie announced at the launch of the Bahamas Trade Information Services Portal, that Tropic Seafood was engaged in “major research” on farming lobsters and exporting them via air to China.
THE TRIBUNE
Tuesday, December 19, 2017, PAGE 3
Armed robber in motorcycle helmet raids Marriott hotel By SANCHESKA DORSETT Tribune Staff Reporter sdorsett@tribunemedia.net POLICE are on the hunt for a man who robbed the Marriott Courtyard early yesterday morning dressed in dark clothing and wearing a motorcycle helmet. The incident took place shortly after 9am at the hotel off West Bay Street. Chief Superintendent Solomon Cash, officerin-charge of the Central Detective Unit (CDU),said the suspect walked into the
hotel and pulled a weapon on a female employee, demanding cash. “We are still investigating but we know that around 9am a female employee of Marriott Courtyard, which is on Nassau Street and West Bay Street, noticed a man acting strangely,” Chief Supt Cash said. “Her attention was drawn to an individual that was standing in the hotel wearing dark clothing and a motorcycle helmet. The suspect produced a
handgun and demanded cash and left. Once the man got on the outside, he got on to a waiting motorcycle driven by a second suspect and they fled the area in an unknown direction. No one was hurt during the incident and no guests were affected by the robbery.” Supt Cash appealed to members of the public who may have been in the area to assist police with their investigations. Mariott’s General Manager Rui Domingues
however downplayed the matter telling The Tribune it was a “small incident” in which no one was hurt, adding that every guest was safe. Asked to reveal the value of cash stolen, Mr Domingues said it was “certainly not the $15,000” as has been “exaggerated” and speculated on social media. He said the stolen cash was much lower than this number. He said the incident happened at a time when not much money is at the hotel.
Meanwhile, Chief Supt Cash sent this warning to business owners and people carrying cash or valuable items. “We want persons to be more alert as it relates to their surroundings during this time of the year,” he said. “Business people and persons who have cash and other valuables, we want (you) to be more alert of your surroundings. “Secure your valuables. If you look at armed robbery figures, the incidents
are down but we always have more incidents during the holiday season. So always anticipate and always be alert because there are people moving around just looking for the opportunity and the desire to steal from you. Secure your items.” Anyone with information on this robbery is asked to contact police at 911 or 919, the Central Detective Unit at 502-9991 or Crime Stoppers anonymously at 328-TIPS.
TWO FACE COURT ACCUSED OF MURDER AND ARMED ROBBERY
FROM left, Torieano Cummings, Keith Barr and a juvenile being arraigned yesterday. By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net TWO men and a juvenile were arraigned yesterday over allegations the first two murdered one man, robbed two others and had help evading the law concerning the murder from the juvenile. Torieano Cummings, of Pyfrom Road and Keith Barr of Kemp Road, both 18, stood before Chief Magistrate Joyann Ferguson-Pratt faced with one count of murder and two counts of armed robbery concerning incidents that took place on December 10. It is alleged on the day in question, Barr and Cummings murdered Louines Naissance. It is
further alleged that on the same date, with a handgun, the two robbed Canes Fleurescar of $126 cash and Sintamat Joseph of a Samsung cellphone worth $100 and $200 cash. The juvenile, 17, faced one count of accessory after the fact. It was alleged that on the date in question, knowing Cummings and Barr to be parties to a murder, he helped them evade the law. The murder arraignment stems from an incident that occurred on December 10 at Shirley Street. According to initial police reports, shortly before 1pm three men were working at a construction site on Shirley Street when they were approached by two men, one armed with
Photos: Shawn Hanna/Tribune Staff
a firearm, who demanded cash. Two of the workers were subsequently shot. The third worker was gun butted before the suspects fled on foot. One of the victims was pronounced dead on the scene while the other two men were taken to hospital and were said to be in serious condition. None of the accused were required to enter a plea to the charges and the matter was adjourned to February 22, 2018 for service of a voluntary bill of indictment. They were all remanded to the Bahamas Department of Correctional Services in the interim, with the juvenile to be admitted to the juvenile section of that facility. However, Barr’s attorney
TEENAGER ACCUSED OF FOX HILL KILLING By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net
A 19-YEAR-OLD man was arraigned in a Magistrate’s Court over allegations he murdered another man in the Fox Hill area just over two months ago. Travis Lockhart, of Yellow Elder Gardens, stood before Chief Magistrate Joyann Ferguson-Pratt faced with one count of murder in connection with the October 12 killing of Anthony Anton McKenzie, aka “Lugger”. According to initial police
reports, shortly before 1pm on the day in question, McKenzie was standing in front of his residence with two other people when a white vehicle pulled up. Two people came out of the car armed with firearms and shot at the three men as McKenzie ran off only to be chased by the gunmen and fatally shot. The vehicle left the scene. However, police said not too long after the incident, officers were able to recover the suspected vehicle in the Nassau Village area. Lockhart was not required to enter a plea to the charges and the matter
was adjourned to February 23, 2018 for service of a voluntary bill of indictment (VBI). He was remanded to the Bahamas Department of Correctional Services in the interim. Before the close of his arraignment however, Lockhart informed the chief magistrate he was wearing an ankle monitoring device, and the device should show his whereabouts on the date and time the murder for which he was charged occurred. The chief magistrate noted his submissions before concluding the arraignment.
MAN STILL MISSING AFTER PLANE CRASH By DENISE MAYCOCK Tribune Freeport Reporter dmaycock@tribunemedia.net
A 57-YEAR-OLD American man is still missing at sea following a plane crash off West End, Grand Bahama, last Thursday. His 60-year-old wife was rescued and taken to hospital.
According to reports, the couple left Gainesville, Florida, on board a Cessna 210 airplane headed to North Eleuthera when it encountered mechanical problems and was forced to make an emergency landing in the water, northwest of Freeport. Bahamian and US
authorities were alerted about the crash around 11.42am, some eight miles off West End. The woman was rescued by a seaplane and flown by US Coast Guard helicopter to Freeport where she was taken to the Rand Memorial Hospital. Police have not released the couple’s names.
Nathan Smith told the chief magistrate that his client was made to sign statements under duress, and that he was the victim of police brutality. The chief magistrate noted Mr Smith’s submissions, and Barr was remanded back into custody.
PAGE 4, Tuesday, December 19, 2017
THE TRIBUNE
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Jean Rony’s story opens our eyes IN the newspaper business there is an old adage, 1000 deaths is a statistic, the tragic death of a four-year-old is news. The individual focus that makes a story a story hit home in recent weeks as the story of one individual, robbed of his freedom, then vanishing, unfolded. It was news that rocked the nation and moved us after years of turning our backs on immigrationrelated brutality. What happened to one Jean Rony Jean-Charles generated a rallying cry of disbelief and sympathy. In brief, Mr Jean-Charles, born in The Bahamas, was picked up by Immigration in one of its raids leading to a December 31 deadline of clearing the country of people residing here illegally. But Mr JeanCharles’ was not illegal. He was, as we said, born in The Bahamas. His sister took his birth documents to officials day after day, trying to get her brother released from Carmichael Road Detention Centre. Her pleas, apparently, fell on deaf ears. It was only when senior Queen’s Counsel lawyer and long-time human rights advocate Fred Smith got wind of the case and went to the detention centre that it attracted attention, partly because he was booted out and not allowed to see his client. Higher authorities intervened the following day and Mr Smith, QC, returned. He began pleading the case, reaching out to the community, his impassioned voice articulating their fears – it could have been any one of them. But it was Mr Jean-Charles who was thrown in the detention centre, kept there for three months, and then disappeared, mysteriously. Was he expelled to Haiti? (Deportation would presume he was Haitian.) Or was there some other explanation? The court has given the state until today to produce Mr Jean-Charles or answer some very tough questions. The treatment of this single individual galvanised the public. Rumours and stories of single incidents had been circulating for years, rumblings of over-zealous or moneyhungry Immigration officers, bribes, pay-offs. But nothing like the Jean
Rony Jean-Charles story ever brought awareness to the disgrace with which a segment of our population is treated in the name of ridding the country of illegals when those uncontrolled raids open the door to the worst kind of corruption. The demands force the poorest among us to buy their freedom as Immigration officials work their thriving underworld business of pay-offs for drop-offs before Carmichael or pretending they did not see. The racket is so pervasive that one officer can pick up someone who may not have his papers on him for a very legitimate reason and tell him he’ll give him a break. What he gives him is a phone number to call and the payoff amount. The going rate this week, we are reliably informed, is $1,200. It can go as high as $2,500. We know there are good officers who mean well and do their best. We have no doubt they are troubled by what they know. But now the Jean Rony Jean-Charles story is out there, no one from the Minister on down can continue to pretend such horror does not exist and hope that conditions will improve. They won’t. The corruption and cruelty we would expect to see in some lesser developed country is happening right here and it must be stopped. We understand the origin, but it does not justify the despicable behaviour. Let us hope that Mr JeanCharles is well and appears in court or some proof of his whereabouts is presented. If not, we dread to think of the international repercussions and the repressed anger that will erupt in this country. Either way, and we hope it is the former, Immigration must clean house and the Minister, whom we believe would never tolerate such behaviour, must stand up, speak up, man up and say ‘Never again under my watch’ and he must ensure the law take its course with those who are caught. An internal investigation and police involvement must follow. On the surface, corruption is evil but when it extends to depriving someone of his freedom, it is at its most dangerous. It is a danger The Bahamas can ill afford.
Anarchy on the roads EDITOR, The Tribune.
IS there a minister in charge of traffic? If so, where is he? Every day after leaving my office and driving up Frederick Street to the junction with Shirley Street, the lights on Shirley Street turn red and after a short pause the light on Frederick Street turns green. The traffic on Shirley Street still keeps going across the red light - up to eight cars I counted the other day. This blocked the road on the corner and only one car on Frederick Street could get out before the light
turned red. I am sure this is a common occurrence at other traffic lights. I know for sure this happens at the Shirley and Marlborough Street junction. There are plenty of policemen patrolling along Bay Street. Just take a few of these and place them at the intersections during busy hours. If they take the numbers of the cars crossing on red and prosecute them, this should solve the problem and save some accidents. No traffic policemen on the roads? Many divers have obviously never taken a driving lesson and god
forbid they ever drive in the USA. The number of cars I see driving very slowly in the fast lane on the duel carriageways and on occasion even parked to let someone out is incredible. This not only totally disrupts traffic but potentially causes accidents due to drivers having to weave in and out of traffic. There are many other rules of the road being ignored. Can the police please take some action on this? AB Nassau, December 18, 2017.
Adapting to life EDITOR, The Tribune. Re: Culmer Slammed On ‘Dirty Illegals’ Slur. The Tribune, December 14, 2017.
THE press statement suggests that the illegals have added to “dirty”, “shoddy” and unsanitary conditions Over-the-Hill - but maybe they just adapted to
pre-existing conditions they already found there. KEN W KNOWLES, MD Nassau, December 16, 2017.
Carnival and political duplicity EDITOR, The Tribune. RECENTLY, Minister of Youth, Sports, and Culture Michael Pintard confirmed that the FNM government will continue the PLP government’s illconceived carnival, but with a few changes. While I’m truly disappointed by the announcement, I’m honestly not surprised. My lack of surprise is based on the fact that I have long come to realise that many Bahamian politicians take positions on issues while in opposition that are based on convenience, not conscience. Their true position is revealed when they hold the reins of power, as is now being seen with Minister Pintard and the FNM government’s new-found position on carnival. When he served as chairman of the FNM, Mr Pintard was very vocal in his opposition to the PLP government promoting carnival instead of Junkanoo. Prior to the first carnival, in the February 4, 2015 issue of the Guardian, Mr Pintard said, “As we spend millions of dollars on the international market promoting carnival in The Bahamas, we are intentionally or unintentionally helping to create a greater appetite for things carnival.” Further, in the same news story, Mr Pintard is reported as saying that the word “carnival” has already influenced the costumes and music that Bahamians were creating and that anyone can see that ideas are being borrowed from other countries such as Trinidad. Mr Pintard even admitted that in carnival “we are promoting sexuality even more so than we are promoting culture”. After the first carnival event, in the May 19, 2015 issue of the Guardian, Mr Pintard is reported as saying that it is his hope that the festival undergoes another name change to eliminate “carnival” in favor of “Junkanoo Festival”, “Bahama Fest”, etc. In addition, pointing the glaring immodesty displayed in our streets, Mr Pintard said “the costumes should reflect the sensibilities and modesty of our people”. Having made those objections to carnival while in opposition, now that they are in government, why is
LETTERS letters@tribunemedia.net Mr Pintard and the FNM continuing to advance carnival and thereby continuing to create the same greater appetite for all things carnival and promote sexuality more than culture? And now, Mr Pintard does not have to hope for a name change to drop the word “carnival”; he and his government have the authority to change it. So, why don’t they? In my view, the reason that Mr Pintard and the FNM are not using their power to make the carnival changes they wanted the PLP to make is political duplicity. While in opposition, their objections to the carnival name and content were based on convenience, not conscience. They evidently see nothing wrong with continuing to spend taxpayers’ money to promote a foreign festival to further diminish Bahamian culture. Even if the dollar amount is less and is called a subvention, it is still a waste of taxpayers’ money to promote carnival when Junkanoo is in desperate need of affirmative action by the government. Concerning the so-called road march (which is nothing more than public debauchery and a pornographic street parade), Minister Pintard is reported as saying, “No government, in my view, has the right to cancel any private enterprise initiative.” While the Minister is free to hold that view, his view is flatly wrong. Not only do governments have the right to cancel some private enterprise initiatives, in some cases they have a duty to do so; and the socalled road march is a case in point. Why should the government permit public streets to be used by people to parade and debase themselves on their “worst behavior”, virtually having sex in the streets while abusing alcohol? And why should children and morally sensible adults be assaulted by government facilitated public immorality, in total disregard for our public decency laws? Clearly, the government has a duty to uphold our public decency laws and
not let the carnival band owners do as they please on public streets. The fairest solution is to allow the band owners to take their pornographic parade to private property where they and their participants can debase themselves in private, and those who wish to view such debasement can join them. But for the government to permit such vulgar conduct in public is not governing; it is a dereliction of duty. I remind Minister Pintard that, in addition to culture, he also has ministerial responsibility for youth. And I urge him to consider the message he would be sending to our youth if he facilitates carnival conduct in our streets for countless numbers of young people to be exposed to alcohol abuse and inappropriate sexual conduct, as they watch from their yards and the sides of the road. A few months ago, a video went viral with girls at a local junior high school dancing in a vulgar manner. There was widespread outcry against it. But what was the outcry really against? With the introduction of carnival, far more vulgar dancing with far less clothes on has taken place in our streets. And it was facilitated and funded by the government. I continue to lament the fact that we as a country are unable to connect the dots. Our children do not go astray in a vacuum. We lead them astray by our bad examples and our boldfaced hypocrisy. But there is hope for our nation if we repent and reform our ways. So, on behalf of an overwhelming majority of Bahamians who still believe in public decency and truly desire a better Bahamas, I implore Minister Pintard and the FNM government to implement the carnival changes they proposed while in opposition. In addition, I further implore them not to permit our streets to be used to facilitate the socalled road march and the debauchery and live pornography associated with it. Let the band owners use private property for such indecent conduct. PASTOR CEDRIC MOSS Nassau, December 18, 2017.
THE TRIBUNE
Tuesday, December 19, 2017, PAGE 5
Tender process begins for Long Island water supply By AVA TURNQUEST Tribune Chief Reporter aturnquest@tribunemedia.net
ADRIAN GIBSON
A MAJOR milestone for Long Island gets underway this week with the public tender exercise to expand potable water supply on the island, Water and Sewerage Corporation (WSC) Chairman and island MP Adrian Gibson announced yesterday. The tendering process will open at 10am on Thursday, he said, with works to commence by Spring 2018. “For years as a Long Islander,” Mr Gibson said, “we felt that we were left in the wilderness changing water fixtures every six months from grime. This is major for Long Island, it’s a basic amenity that should have been afforded a long time ago. Water is more important than electricity... you need water. One of the cries of Long
Island is being heard and addressed.” The corporation is presently executing a Water Supply Improvement Project funded by a $28.33m loan from the Caribbean Development Bank (CDB), with $13.3m coming from the government. The scheme funds two projects in New Providence and on six Family Islands, including Long Island. The plans were unveiled at the Long Island Business Outlook last month. “Phase I of the Long Island component included the delivery of two new water tankers, which were delivered earlier this year. Unfortunately, one tanker has sustained some damage and is presently in New Providence undergoing repair,” said Mr Gibson. “Phase II of the Long Island component includes the installation of 19 miles
of new water mains to extend the existing Central Long Island System northward to Thompson Bay, just north of Salt Pond and southward to Lochabar, just south of Clarence Town. This time the capital will get water.” Water supply has been restored post-hurricane season throughout the islands, except Ragged Island, according to officials, who reiterated full supply could be restored in 90 days if issues and concerns are resolved. “We’re providing the critical supply of water free of charge,” said Cyprian Gibson, assistant general manager of Family Island Operations. “Within 90 days we should complete full restoration provided that all the issues and concerns are resolved.” Works Minister Desmond Bannister told reporters last week the
Minnis administration’s proposed plan to restore hurricane-ravaged Ragged Island will cost tens of millions of dollars and currently involves the private sector along with international partners. Yesterday, Mr Gibson continued: “It’s just coordinating the works, the restoration with new approach that the government is taking. We anticipate within 90 days because the entire plant was damaged so we have a temporary plant there and so the whole works have to be replaced. “From our standpoint, it’s a new operation so we have private operator and they are replacing the entire plant, and then we agree a purchase agreement with them to buy it back from them. So it doesn’t cost us any capital works but of course its reflected in the price of the water.”
internal report public after consultation. He was reluctant to provide a timeline for completion of the respective audits; however, he noted the forensic audit was nearing completion, and some elements of the internal audit may be finalised this week. Mr Gibson fielded
questions about the status of the audits at a press conference announcing the expansion of water mains in Long Island. Asked about considerations to privatise the corporation, Mr Gibson said there were no immediate plans to release state ownership but forecast a reduction in government
subsidy. “There are no immediate plans to privatise but there are plans to reduce the subsidy and find ways and means that the corporation can make up the difference in its own output, its own collections,” Mr Gibson said. “Every year, the corporation gets some $30m.
Water is a necessity, I see no reason why we ought not be profitable and moving towards being profitable.” When asked whether the reduction would impact staffing, Mr Gibson said: “I don’t want to negatively impact staff but with everything, as time moves on we’ll see what adjustments are needed.”
WATER THEFT PROBE: POLICE INVESTIGATE from page one
The Long Island MP added: “Whatever is the outcome with respect to the reports, action will be taken, I can assure you of that. Everything has value, (theft probe) talking about thousands of dollars but there are other sensitive
matters offshoots from the allegation of theft and those are of grave concern as well. Some of them could be of a nature that warrant the police coming in so we’ve taken the liberty to invite the police.” Mr Gibson said he planned to table the forensic audit in Parliament, and could likely make the
‘FIVE SLOOPS SAILED FOR BAHAMAS LAST WEEK’ from page one He also expressed concern that the captain of the most recent boat that landed in the capital has been deported “at least three times and keeps coming back.” “We got information that these boats are all leaving from Haiti to come here,” Mr Neely said. “They left en route to The Bahamas last week is the information we received, so all eyes are now on the lookout. We don’t know how big the boats are or how many persons were on board so that is why it is important to catch them out to sea.” Last week, Mr Neely said officials are bracing themselves for an “influx of illegals,” as 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 last Monday about three miles from Coral Harbour. It was the second time in a month an illegal sloop landed near the Royal Bahamas Defence Force’s (RBDF) Coral Harbour Base. Immigration officers and
other authorities spent the week combing the area for the migrants. The RBDF said 57 people - 43 men, 11 women and three children - were taken into custody and transported to the Carmichael Road Detention Centre. Since then, Mr Neely said they have picked up more migrants suspected to have been on board that boat, however he said, “no one is admitting anything”. “We have picked up a lot of persons and as a matter of fact we are sending 114 back to Haiti on Tuesday. We got people with no documents that we believe came on that boat but they are not admitting to it. We also got the captain. He has been here at least three times but he is not prepared to write a statement saying anything and we can’t take them to court. There is something wrong with that.” 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 Royal Bahamas Defence Force’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, Minister of National Security Marvin 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,” Mr Dames said at the time.
MINNIS: GET OUT OR SECURE STATUS from page one “There are too many individuals who are here illegally and taking jobs of Bahamians. They must be dealt with. I’m not saying you can’t stay, but there is a law and we are a society of laws – respect our laws, that’s all I ask.” In early October, Dr Minnis made his first call for illegal immigrants to leave the country by the end of the year. Speaking in the House of Assembly at the time, Dr Minnis warned an aggressive pursuit and deportation
will be the fate of anyone who does not comply. Yesterday the prime minister also revealed Cabinet has approved an independent board that will oversee the granting of citizenship applications. This was something foreshadowed by Dr Minnis earlier this year. “There are many outstanding . . . individuals who qualify for citizenship but Cabinet can’t deal with it in an expeditious manner that is necessary,” the Killarney MP said. “We recognise that. We have already established an
independent board that will be functional in January. That board will be able to make those determinations quickly so that individuals can be matriculated into society very easily.” He added: “We will do everything possible in a humane manner to ensure that you will receive what you should under the law.” Dr Minnis also confirmed Immigration Director William Pratt will no longer hold that post as of January 1, 2018 and will be replaced by Clarence Russell, chief passport officer at the Passport Office.
A SLOOP that was found on the shoreline of Adelaide Village last month.
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PAGE 6, Tuesday, December 19, 2017
THE TRIBUNE
Marital agenda comments put issue on govt’s agenda By RASHAD ROLLE Tribune Staff Reporter rrolle@tribunemedia.net EXPRESSING surprise at comments made by a representative of the United Nations on marital rape over the weekend, Attorney General Carl Bethel said yesterday that though the issue was not on the government’s radar previously, “now it is”. “Everybody has the right to the integrity of their body,” he said. “Marriage was never intended to be a form of servitude. By nature it is a consensual arrangement.” Mr Bethel, acknowledging the controversial nature of the issue, said he hopes a compromise can be made resulting in characterising sex without consent in a marriage as sexual spousal abuse as opposed to “rape”. This, he said, could be addressed by amending the Matrimonial Causes Act or the Domestic Violence (Protection Orders) Act. “I’ve instructed draftspersons to look at those to see where it may fit,” he said. Whereas the Ingraham Administration sought in 2009 to amend the Sexual Offenses and Domestic Violence Act to change the definition of rape so it could encompass an action committed against a spouse without consent, Mr Bethel said he doesn’t envision the Minnis Administration taking the same approach. “There is no social consensus to put it there,” he said. “Social consensus is necessary. The intent is not to force the churches hand or to legislate in a way that causes cultural discomfort. This runs right up against some closely held religious views and it’s not something the government can just lightly pass a law over. That was the experience in 2009. There has to be some dialogue with the church. It may be fitting to amend the Domestic Violence (Protection Orders) Act because it already contemplates situations where there may be forms of intimidation, be they physical, psychological or otherwise and where finances are used to extort sexual acts even from a spouse without consent in the bonds of marriage. Relief in the form of a protection order could be obtained under that law.” Mr Bethel noted some people object to characterising spousal sexual abuse as a form of rape. He said:
ATTORNEY General Carl Bethel.
“That is the fundamental objection, to characterise an issue that may arise in a marriage with any form of rape. How do we capture situations that are delicate in terms of being issues of sexual abuse of some sort within the bounds of marriage? We need to make it clear we don’t want violence in the family life between spouses. When violence is used in a marriage context, violence is and of itself actionable.” Yesterday, former Social Services Minister Loretta Butler-Turner, who tabled the Marital Rape Bill in 2009, told Our News Mr Bethel’s thinking on the matter represented “archaic and cave-man views”. “Rape is rape is rape,” she said. Dubravka Šimonovic, the United Nations Special Rapporteur on Violence Against Women, addressed the hot-button issue during a press conference last week. She is expected to present her report on the status of human rights in the country when she addresses the UN Human
Rights Council in June. Her comments on Friday caught Mr Bethel off guard, suggesting she did not inform the government she intended to make a controversial statement. “When the UN Embassy came to see me, that issue was not raised,” Mr Bethel said. “I’m not sure it was the same women but I saw someone from the UN and they never raised that issue. I was quite surprised to see all of this stuff on the front page of both papers based on a comment made by the UN. That was not on our radar screen but today I read some comments from Pastor Cedric Moss which perhaps open the possibility of having a broad social consensus for some amendments to some law in order to achieve this. I’m considering whether it would best be placed in the Matrimonial Causes Act or the Domestic Violence (Protection Orders) Act or perhaps in the penal code on sexual assault on spouse.” Mr Bethel suggested losing a potential seat on
the UN Human Rights Council for failing to criminalise marital rape is not of paramount concern to the government. “It’s not advisable policy to amend laws simply for the purpose of seeking some form of international blessing if you will,” he said. “Laws are enacted because they are necessary and proper in a modern and civilized society. The question of international approval of what we do domestically is secondary to our domestic imperative. We want to live in a society that protects the vulnerable, whether in the context of marriage or not.” Mr Bethel also said the government may amend the Matrimonial Causes Act to make sexual violence a ground on which a divorce can be granted. At the moment, a couple can only divorce on grounds relating to adultery, cruelty, desertion for a period of time, separation for a period of time or if a spouse has engaged in a homosexual act or had sexual relations with an animal.
DUBRAVKA ŠIMONOVIC
GOVT TO STAY SILENT ON CULMER’S ‘DIRTY’ ILLEGALS SLUR
By RICARDO WELLS Tribune Staff Reporter rwells@tribunemedia.net
THE Minnis administration is not expected to publicly acknowledge those “irresponsible” remarks put forward by Free National Movement (FNM) Chairman Carl Culmer on illegal immigrants last week. Responding to enquiries by The Tribune on how the government would respond, Press Secretary in the Office of the Prime Minister Anthony Newbold yesterday said the Minnis administration will offer “no comment” on the issue moving forward. Sources within FNM have suggested issues have arisen among members over how the comments were publicly perceived - mainly in the face of the government’s looming December 31 deadline for illegal immigrants to leave the country.
The government’s stance on immigration has come under fire in recent weeks amid two sloop landings and perceived controversy surrounding Transport Minister Frankie Campbell’s citizenship. With these factors in play, one source suggested the government thought it a “bad move” to draw more attention to the party’s immigration policies. Moreover, a second source told The Tribune: “Once it’s out there and the spin gets on it, all of these eyes are on what we do next. And even more eyes are on how we do it.” Mr Culmer in a statement last week, trying to draw attention to the efforts of his party to improve the Over-the-Hill communities, pinned much of the issues facing those communities on illegal immigrants. Mr Culmer wrote: “In addition to the massive
unemployment, the lack of indoor plumbing, the heavy criminality and less than acceptable housing infrastructure in these areas, one of the major difficulties (Over-the-Hill areas) have had to endure is the infiltration into these communities of a significant number of illegal immigrants. Moreover, the presence of the many illegals have added to the unsanitary conditions in these communities. “Bain Town has had a history which its residents are extremely proud of, having produced many political, educational, business and religious leaders that have played a vital role in the development of this country. Its residents have always gone to great lengths to keep their properties clean, have looked out for each other, and maintained cohesiveness within their neighbourhoods. These characteristics are practically non-existent today. The properties where the illegals reside are dirty, the houses shoddy and the streets littered.” In the wake of the sentiments, several immigration activists have publicly called on the government to condemn the claims as offensive and misguided. However, despite the calls, the government has remained silent on the topic. When approached by
reporters last Wednesday for his view on the controversial comments, Prime Minister Dr Hubert Minnis was rushed away by his security detail moments after starting a response. Dr Minnis was in his car when he began to respond to The Tribune about Mr Culmer’s comments when one of his security guards shut the door before he could finish. In fact, to date, only former FNM State Environment Minister Phenton Neymour has addressed the remarks. The day after the release of Mr Culmer’s statement, Mr Neymour contacted The Tribune to emphasise that Mr Culmer referred to “illegal immigrants” in a general sense and didn’t single out one particular group. Trying to further exonerate Mr Culmer, Mr Neymour added that as a citizen of the Bahamas, he has an issue with illegal immigrants and the way they operate in this country. “I have a problem with illegal immigration,” Mr Neymour said last week. “Illegal immigrants shouldn’t be here. That’s the law. They are illegal. If I go to America, I walk around with my passport in my pocket. And they don’t comply with the building code.”
THE TRIBUNE
Tuesday, December 19, 2017, PAGE 7
Labour minister ro rule on Bahamas Waste strike By RICARDO WELLS Tribune Staff Reporter rwells@tribunemedia.net
LABOUR Minister Dion Foulkes will officially rule today whether the Bahamas General Workers Union (BGWU) is allowed to proceed with planned industrial action amid its dispute with Bahamas Waste Limited over unsettled grievances. In an interview with The Tribune yesterday, Mr Foulkes said he was awaiting the official results of a strike vote taken by the Department of Labour last Thursday. Mr Foulkes contended that once those results are officially conveyed to him by Labour Director Robert Farquharson, he will make his ruling on the move. “We have progressed quite some ways with that matter,” he said. “The strike vote was taken last week on the 14th or 15th and those officials results have yet to be conveyed to me. But once they are, you will hear my ruling. I am thinking that could come as early as (today).” BGWU President Dr
Thomas Bastian earlier this month confirmed his union was elected the primary bargaining agent for workers at Bahamas Waste Limited last spring, and was also granted leave to negotiate an industrial agreement on their behalf. Despite the move however, Dr Bastian claimed the executives of Bahamas Waste Ltd refused to recognise the BGWU and has sought to purposefully sidestep the union and its officers. In response, the BGWU filed a grievance with the Department of Labour, which resulted in the company being instructed to meet with the union’s representatives within 45 days. Nearing the end of that timeframe, Bahamas Waste Ltd requested an extension on the ruling and was granted an additional 33 days to meet with the union. That subsequent deadline was also allowed to pass. Dr Bastian said that the BGWU was not approached until late March when it was presented with a bargaining document from the company which was absent both pay and
benefits schedules. In response, the union wrote to Mr Foulkes on December 5 to note the status of the matter and to officially request a strike vote. Contacted yesterday, Dr Bastian said the union was now in a “holding pattern” and simply “waiting on the minister to make his case before we go forward with what we have planned.” He added: “We have asked that the matter move forward to the Industrial Tribunal. The company’s attitude to date is one of disinterest and we are done begging for the respect we rightfully deserve. “The workers have their rights and no company will be allowed to step on those rights. I am sure the minister will rule that to be the case,” Dr Bastian concluded. Bahamas Waste Ltd has maintained its silence on the matter. When contacted for comment earlier this month, Managing Director Francisco de Cardenas said the firm was preparing a statement for release, however that release was never presented to The Tribune.
SENATOR DION FOULKES
60-YEAR MURDER SENTENCE REDUCED BY FIVE YEARS By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net
THE Court of Appeal has shortened the prison sentence of a man convicted of murdering a phone card vendor in 2011 by five years on the grounds the original sentence was “wrong in principle”. Court of Appeal President Dame Anita Allen, who retires this week, along with fellow Justices Stella Crane-Scott and Roy Jones, lessened Rodney Johnson’s 60-year sentence to 55, charging that he “ought not to have gotten the maximum determinate sentence”. However, the appellate judges said they had “no lurking doubt” that any injustice was done during trial, and consequently found Johnson’s convictions to be “safe”. According to the ruling, on February 26, 2011, at about 10pm, Charles Chrysostome and his brother John Joseph, who had finished selling phone cards earlier that evening, were walking to their home in Domingo Heights. According to Mr Joseph’s eyewitness testimony, as he and his brother approached the door of their house, armed men emerged from behind the door shouting “hey, hey, hey” and demanded he and his brother go inside. Mr Joseph said he and his brother ran into the house
and his brother tried to close the door behind them, but the men held the door and prevented them from doing so. Mr Joseph ran into a room of the house, while Chrysostome tried to run into another room when the former said he heard “boom, boom” and heard his mother screaming that Chrysostome was dead. The deceased was shot twice: once in the head and once in the back and died on the spot. In a record of interview on April 29, 2011, at the Central Detective Unit (CDU), Johnson denied firing the shots that killed Chrysostome, but admitted he was involved in the plan to rob the deceased. Johnson also admitted knowing his two cohorts were armed with firearms while they waited for Chrysostome to come home, and admitted to accompanying the two armed men into the house. Johnson also admitted he was present when the deceased was shot by one of his cohorts. On February 23, 2012, Johnson was convicted by a jury in the Supreme Court before thenSupreme Court Justice Jon Isaacs of the offences of murder and attempted armed robbery. He was sentenced on May 11, 2012, to 60 years imprisonment on the murder conviction and to a concurrent sentence of 20 years for attempted
armed robbery. Johnson subsequently appealed his sentence, charging among other things the sentence imposed by Justice Isaacs was “disproportionate, unduly harsh in the circumstances of the offences” and “likely to bring the system of justice into disrepute”. Johnson further charged the verdict was “unreasonable” and cannot be supported by the evidence, and that the verdict was “unsafe” and “unsatisfactory” regarding the circumstances of the case. In deliberating on a decision, the appellate judges noted the “cold blooded” nature of the murder, which they said was committed in the course of a “planned armed robbery”. The judges further noted that even on appeal, Johnson showed “no remorse” for the part he played in Chrysostome’s death and, apart from the opinion from the probation officer that he was “redeemable” and a first-time offender, the appellate judges said there were “no other circumstances of personal mitigation which called for any degree of leniency”. The appellate judges further noted murder is “one of the most serious offences known to law” and that in 2017 there are “simply too many murders”. Given the “prevalence” of murder, the appellate judges said the court
has an “obligation” to “ensure sentences for this offence reflect its seriousness” and demonstrate the “necessity to protect the public from the depredations of armed robbers who would kill in the pursuit of filthy lucre”. However, the appellate judges noted that based on the evidence, Johnson was not the shooter, but still entered the deceased’s house along with his “armed and masked
associates”, and remained there “lending his assistance and support to the common venture”. They also noted Johnson’s co-accused Ricardo Brown, who the evidence showed was a part of the plan to rob, had his 60-year sentence reduced to 45 years by the Court of Appeal. Thus, the appellate judges ruled that while Johnson’s initial sentence was “wrong in principle”,
his participation in the joint enterprise was “greater” than that of Brown’s, thus making him more culpable and liable to receive a sentence higher than his co-accused. “In the premises, I would allow the appeal against sentence and impose a sentence of 55 years’ imprisonment with effect from the date of his conviction,” Dame Anita ruled with the agreement of her fellow justices.
ATLANTIS PARADISE ISLAND, THE BAHAMAS
REQUEST FOR PROPOSAL RE: IHCL -018 LAUNDRY MANAGEMENT SERVICES
The Atlantis, Paradise Island, Bahamas is requesting competitive proposals for Laundry Management Services from qualified parties to provide laundry services to its Resort. The principle objective of this RFP is to acquire quality services from the most responsive and responsible bidders who comply with the required specifications, terms and conditions and have the capacity to deliver. The interested party, which will be responsible for the management and operations of the laundry plant, must clearly and specifically indicate the services offered by providing sufficient descriptive literature, pictures, and samples (if requested) to enable the Resort to determine if the services offered meets the requirements of the solicitation.
Our service needs include the following:1. 2. 3. 4. 5. 6. 7. 8.
Managing and operating the laundry plant; Utilizing our current facility to sort, wash, dry and iron linen; Transporting linen to the Resort; Conducting quality checks of products and providing recommendations to management as needed. Ensuring the necessary linen poundage is provided to support the Resort’s needs, based on occupancy. Reporting any malfunctioning of equipment. Providing the required labor to carry out the requested services. Maintaining a safe and clean work environment.
Interested parties may submit their questions and Proposals by email only (no phone calls) to: Patrice L. Carroll – Director of Purchasing via email: patrice.carroll@atlantisparadise.com The deadline for submission of the RFP is December 18, 2017
PAGE 8, Tuesday, December 19, 2017
THE TRIBUNE
TYRONE FOWLER, 62, father of Terrique Fowler, who was killed in 2013. Photo: Shawn Hanna/ Tribune Staff
The families left in limbo from page one Former State Minister for Legal Affairs Damian Gomez, QC, was one of more than a dozen people who spoke to The Tribune about the issue. “Any death associated with the state,” he said recently, “ought to have an inquest. But one of the problems with being poor in this country is you don’t have access to facilities so you may not get an inquest. There should be Legal Aid available in all of these cases so a proper inquiry is done. You are talking about a person’s life here.” The critics are not antipolice. Their gripe, for the most part, is not with the
RBPF. Christina Galanos, one of the country’s most experienced lawyers in matters involving incustody deaths, recently said: “As with all things there are going to be those matters where, sure, the police acted correctly. The deceased would have put the police in a position where either ‘I’m going home to my family tonight or not so I had to make a decision for my survival’. The point is that all these families are entitled to an inquest at the Coroner’s Court and the law gives them that. They’re not asking for any favours.” The purpose of the Coroner’s Court is to determine causes of death and to help prevent future
Funeral Service For Theodore Alfred Curtis, 56
affectionately called “Terry” “Killer” of South Beach Drive, who died December 12th, at the Princess Margaret Hospital, will be held 10:00 a.m. on TUESDAY, DECEMBER 19TH, 2017 at True Worshippers Assembly Of God University Drive. Reverend Tyrone L. Sands will officiate. Interment will follow in the Southern Cemetery Cow Pen and Spikenard Roads. Left to cherish his memories are his wife: Angela Curtis; Three daughters: Latisha Terricita and Terriniqua; Three sons: Theodore Jr. Manjaro and Prince; Four sisters: Denise, Mornett, Vanessa and Natasha; Five brothers: Tony, Sidney Sr., Rudolph, Keith and Christopher; Numerous nieces nephews including: Princess, Sidney II, Racaja, Aretha, Sydnique McFerris, William, Sidney III, Seleyse, Zeena, Shamon, Raeshun and Life; Aunts: Virnetta Sands, Minister Leona Wallace, Cynthia Hanna and Rowena Young; Uncles: Oral Curtis, Chief Apostle Bishop Leon Wallace and Rev. Tyrone Sands; Sistersin-law: Joycelyn, Ruth and Cheryl Curtis; Brother-inlaw: Anthony Lamey; Numerous Cousins including: Renee, Marva, Yolanda, Advilda, Fredericka, Sherado, Shamar, Jason, Sherea, Bradley, Rosemary and Lillian, Achara, Bradley Woodside and Terrance others too numerous to mention; Friends: Christopher & Michelle Nabbie, Lanere Neely & family, Genie Major & family, Javon McKenzie, Barbara Dawkins & family, Elsa Miller & family, Vincent Baker & family, Vernal Lynes & family, Mrs. Kelly & family, Philippa Higgs & family, Glenroy Bain & family, Tyrone McKenzie & family, Dominic Symonette, Laurel Bartlett, Cheryl Young & family, Shakera, Melissa Lynes, Trevell Miller, Anthony Williams, Joel Miller and Ida Collie The South Beach Community, A.F. Adderley class of 1978 and a host of other relatives and friends too numerous to mention. Relatives and friends may pay their last respects at THE NEW COMMONWEALTH FUNERAL HOME INDEPENDENCE DRIVE on TODAY from 9:00 a.m. to service time.
deaths. Inquests, even cases that result in rulings of lawful killings, can spur recommendations for how authorities can prevent future deaths, be it by adopting new technologies such as tasers or using safer methods of dealing with recalcitrant suspects. But unlike other courts in The Bahamas, Ms Galanos said, the Coroner’s Court does not reliably set dates for inquests, placing it afoul of the Coroner’s Act which mandates dates be set in a timely fashion after inquiries are performed. “(When I’m dealing with other courts), if I need a date, I write a letter and JASON RUTHERFORD, left, brother of Terrique Fowler, who was killed in 2013, and Tyrone Fowler, within a reasonable time I father of Terrique. receive a date for a hearing for whatever it is and available to hear the matter. is another one involving a answers had particularly I’m able to communicate But even so, having a date client of mine, his son was on my nine-year-old grandthat date to the client,” gives a sense of reassur- killed by Bamboo Shack daughter who understood she said. “… Within a four ance that the system has not on Blue Hill Road opposite what had transpired,” said to six-week period I know forgotten about me, my sit- BEC and that’s about seven Terrique’s father, Tyrone when the date is. My expe- uation and my loved one.” years ago now and still no Fowler, 62, in a recent interrience with the Coroner’s view. “She doesn’t even Attorney Romona Farqu- inquest.” Court is, and I can provide harson-Seymour blamed the The inefficiency is puz- want to look at his picture proof, sometimes my letters RBPF and the Office of the zling, she said, especially on the wall.” go completely unacknowl- Attorney General for the since it starkly contrasts Since the loss of his son, edged and when they are Coroner’s Court’s inefficien- with how the RBPF and Mr Fowler, a retiree who acknowlcies in such the Office of the Attorney worked in the financial edged, I’m matters. She General handle voluntary services sector for more ‘There are some informed said those bills of indictment (VBI) than 40 years, said it had that a date horror stories out in cases where people are been difficult holding his instituwill be given there. There’s one tions take an accused of serious crimes composure at work and but none is “inordinate” like murder or armed sleeping at night. matter involving forthcomOn Friday of last week, amount of robbery. ing.” “If they can get VBIs the coroner’s office called a customs officer time sending Ms Gala- who was killed over their files to together, they can get these and informed him the nos said the Coro- together,” she said. “They pathologist report into his it’s diffi- 20 years ago. The have enough officers for son’s death is finally ready ner’s Court. cult telling inquest into that them to get it done. We to be picked up. “The clients have over 100 murders a “That’s laughable after AG’s hasn’t come up yet. they don’t year. At least 70 per cent of four years,” he said. “I went Office,” yet have There is another one she said the time, VBIs are ready in there and filled out the an inquest involving a client of three to six months and it form for it but my wife did yesterday, date. involves the same process the same thing four years “marshals mine, his son was “They many of as what is needed in police ago.” look at it as killed by Bamboo Inquests into the deaths the matters. shooting matters. In fact, it’s if you are at Shack on Blue Hill Police deal less arduous because you’re of Aaron Rolle and Jamie fault, they with inter- not levying any charges. It’s Smith who died in 2013 think that Road opposite BEC views, the just a pathologist report, while in police custody and that’s about seven AG’s Office witness statements, etc.” perhaps started and were completed my attor- years ago now and The Tribune was unable that same year, despite the usually ney isn’t sends the to obtain official statistics fact that Fowler’s matter still no inquest.’ aggressive file on to the on how many inquests into is yet to begin. Critics said enough,” police-involved shootings this illustrates a fundamenCoroner’s she said. Court and that’s where the and in custody deaths are tal point about how the “These people are hurt- delay arises.” pending. Critics said the justice system works with ing. Their loved ones, Mrs Farquharson-Sey- RBPF’s involvement in respect to such matters: practically all of them have mour has a pending case in investigations raise serious highly-publicised deaths are died suddenly and in very Freeport involving a family conflicts of interest con- dealt with quickly; lower strange circumstances; cir- that has been waiting nearly cerns which may be tied profile ones can linger in cumstances where whether four years for an inquest to the inefficiency of the the system for years. While it was a lawful or an unlaw- date. court when it comes to such Mr Fowler awaits his court ful killing, whether their “We can’t go anywhere,” matters, an inefficiency that date, the family of Christoson or their daughter did she said. “Freeport saying remains the court’s most pher Turnquest who died in anything wrong, they are they sent the file to Nassau, pressing issue. a highly-publicised Royal suspicious. If someone police say they still have the For people such as the Bahamas Defence Force calls you and says that your file so the coroner hasn’t family of Terrique Fowler, (RBDF) boating accident child is dead, you automati- gotten the file to set a date 22, who was killed more last year has had several cally assume the worst. In down.” than four years ago after he inquest hearings this year. practising this year in the “How is it you’re able She added: “There are was shot in his back in Fox criminal courts, some of some horror stories out Hill on June 7, 2013, lack of to jump the queue?” Mr the judges say to you with a there. There’s one matter a date feeds suspicions the Gomez asked. serious face, ‘are you avail- involving a customs officer government has something Meanwhile, Jason able in May 2020?’ That’s who was killed over 20 years to hide. Rutherford, 37, Fowler’s where the court’s calen- ago. The inquest into that “You can see the impact brother, said when cases dar is, that’s when they are hasn’t come up yet. There his death and the lack of “jump in line” or start and
THE TRIBUNE
Tuesday, December 19, 2017, PAGE 9
A POLICE-involved shooting at the weekend that left one dead and the other in police custody. Procedure dictates that the case will go to the Coroner’s Court to determine the facts of the incident - but others have been left waiting for years for answers in cases that go to that court. Photo: Terrel W. Carey/Tribune Staff finish while others that originated around the same time remain in limbo, it makes him feel like there is something being covered up. For the family of Wysley Pierre, 33, not getting an inquest date has meant their pain has been prolonged. In a letter to Ms Galanos on February 9, 2015, Coroner Janine Weech-Gomez said she had the file concerning Pierre’s matter but a date had not been set for the inquest. Pierre died in police custody on April 6, 2014, after he allegedly stabbed an officer in the face with a pen and escaped from the Georgetown Police Station in Exuma. In the days before his death, he became mentally unstable, worrying his mother in Exuma. A relative of Pierre who spoke to The Tribune on the condition of anonymity said she was the one who encouraged the mother to call the police, a decision that haunts her. “His mother, she’s the only one on that island right now and he was the only one with her,” she said. “She’s still crying up to this day. We want answers. We want this to be over with.” For the family of Tyrone Saunders Jr, who died at the Central Detective Unit (CDU) on June 8, 2012, the unusual circumstances of his matter before the Coroner’s Court have aroused suspicion. Documents seen by The Tribune show Mrs WeechGomez informed Ms Galanos in 2014 that her predecessor, Linda Virgill, released a certificate on the death of Saunders Jr based on Section 20 of the Coroner’s Act which gives the coroner authority to determine that an inquest is unnecessary after an initial inquiry is performed. Ms Virgill concluded Saunders’ death in police custody had been “properly investigated and that no further light would be thrown upon (the) case by a public inquiry”, according to the certificate she signed. She said the 22-year-old suffered a heart attack and died of cardiorespiratory failure. The problem, Ms Galanos noted, is that Section 27 of the Coroner’s Act mandates that the coroner “must decide to hold an inquest for the purposes of the inquiry if the death appears to have been a death in official custody or care”. Failing to hold an inquest is not an option available to the court in such matters, she said. Ms Galanos recently came in contact with Saunders Jr’s father, Tyrone Saunders Sr, and she is preparing her next move in the case. The mother of the deceased, who previously dealt with the matter on behalf of the family, has passed away.
“As far as she knows, she died not knowing what really happened to her son,” Mr Saunders Sr said in a recent interview. Seven-year-old Tyrece Saunders occasionally reminds his grandfather that he has never known what happened to his father, Mr Saunders Sr said, adding that the night before he travelled from his home in Abaco to meet The Tribune and Ms Galanos in New Providence, his grandson gave him a picture of himself as a baby with his father and said: “Papa show them this please. This me and my daddy.” Authorities do not typically release the identity of people killed in policeinvolved shootings as they do for homicides. The statistics on such matters are also not included in annual year-end reports. Attorney Wayne Munroe has been approached for representation purposes by relatives of at least one person recently killed in a police-involved shooting: 29-year-old David Nichols who died on November 23. Though it drew scant attention nationally, Mr Nichols’ death rocked the Fox Hill community. He was memorialised and buried on Saturday and his funeral repast was said to have attracted hundreds of residents, some who wore shirts decorated in his honour. At least one police patrol unit was on hand to monitor the events. Police said Nichols was known to them. Friends said he had been in and out of custody for years. Other recent
A PROTESTOR in 2013 in Rawson Square at an event seeking answers over the deaths of Job “Mr Versatile” Munnings, who was shot by police, as well as Aaron Rolle and Jamie Smith, who died in police custody. police-involved killings include that of Harold Kevin Brown and Richard “Buddy” Bastian on December 2. The immediate family of the two men have approached several lawyers for representation, The Tribune understands. Coroner Jeanine Weech-
Gomez declined The Tribune’s request for an interview last week. “Regrettably,” she said, the nature of her job does not make granting interviews appropriate. She referred The Tribune to the Office of the Attorney General or the Registrar General’s Department.
PAGE 10, Tuesday, December 19, 2017
STOCKS RISE AFTER CHILE ELECTION WIN
SANTIAGO, Chile (AP) — Investors gave a warm welcome Monday to the easy victory by former President Sebastian Pinera in a presidential runoff election that is swinging Chile back to the right. Chile’s IPSA stock index soared and the peso strengthened on Sunday’s triumph by the market-favorite candidate, a billionaire who ran on a platform of boosting sluggish economic growth in the world’s leading copper producer. “The market reaction has been very favorable and reflects this commitment to make Chile regain its leadership,” Pinera told foreign correspondents during a meeting.
TRUMP ‘NOT CONSIDERING FIRING MUELLER’
WASHINGTON (AP) — President Donald Trump says he is not considering firing special counsel Robert Mueller, but he’s plenty upset about the way the Russia probe investigator obtained and is using thousands of emails sent and received by senior Trump transition officials. The president says of the emails, “I can’t imagine there’s anything on ‘em, frankly. Because, as we said, there’s no collusion” with Russia during last year’s campaign. But he said the way Mueller got them was “not looking good; it’s quite sad”. Trump was asked about the emails after the disclosure that Mueller’s team had obtained them from the General Services Administration, a federal agency that stored the material.
THE TRIBUNE
258 MILLION MIGRANTS IN THE WORLD, SAYS UN UNITED NATIONS Associated Press
AN estimated 258 million people have left their birth countries and are now living in other nations — an increase of 49 percent since 2000, says a UN report on international migration released Monday. The biennial report released on International Migrants Day said the percentage of the world’s people who are international migrants has increased modestly from 2.8 percent in 2000 to 3.4 percent this year. But the report from the UN Department of Economic and Social Affairs said the percentage living in high-income countries rose from 9.6 percent in 2000 to 14 percent in 2017. “Reliable data and evidence are critical to combat misperceptions about migration and to inform migration policies,” said Undersecretary-General
for Economic and Social Affairs Liu Zhenmin. In September 2016, all 193 UN member states, including the United States under President Barack Obama, adopted the New York Declaration for Refugees and Migrants. It said no one country can manage international migration on its own. The countries agreed to implement well-managed migration policies and committed to sharing more equitably the burden of hosting refugees. They also agreed to protect the human rights of migrants and to counter xenophobia and intolerance toward migrants. They further agreed to launch a process leading to the adoption of a global compact in 2018. Liu said the new estimates “will provide an important baseline for member states as they begin negotiations on the Global Compact”.
MIGRANTS queue for food in an abandoned factory in the western Serbian town of Sid, near Serbia’s border with European Union member Croatia, on Monday. (AP Photo/Darko Vojinovic) One important country Haley said the declaration under President Donald will not be taking part. “is simply not compatible Trump. The UN report said that In early December, the with US sovereignty”. A statement from the in 2017, high-income counUnited States said it was ending its participation US Mission said numerous tries hosted 64 percent of in negotiations on the provisions were “inconsist- the international migrants ent with US immigration worldwide, or nearly 165 compact. refugee policies” million people. US Ambassador Nikki and
REVIEW ORDERED INTO PUERTO RICO DEATHS AFTER HURRICANE SAN JUAN, PUERTO RICO Associated Press
PUERTO Rico’s governor on Monday ordered authorities to review all deaths reported since Hurricane Maria hit nearly three months ago amid accusations that the US territory has vastly undercounted storm-related deaths. Gov Ricardo Rossello said in a statement that it’s possible the toll is higher than the 64 deaths currently blamed on the Category 4 hurricane that hit on Sept. 20 with winds of up to 154 mph (248 kph), causing up to an estimated $95 billion
in damage. “We always expected that the number of hurricane-related deaths would increase as we received more factual information — not hearsay— and this review will ensure we are correctly counting everybody,” he said. “We also want the most accurate count and understanding of how people lost their lives to fully account for the impact of these storms, and to identify ways in which we can prevent fatalities in advance of future disasters.” Previously, Rossello’s administration had repeatedly defended the official count of hurricane-related
deaths even though demographers said a spike in the average number of deaths after the hurricane was not normal. While the current death toll includes some who died of heart attacks, suicide and respiratory failure, critics say it fails to account for all of those for which the storm and the hardships it caused were contributing factors. One report by researchers, including the director of applied demography at Pennsylvania State University, estimates that there were nearly 500 excess deaths in Puerto Rico in September. Relatives of victims note that the storm left the entire
island of 3.4 million people without power, including hospitals and nursing homes caring for people on respirators or other electric equipment. Officials have said the average number of daily deaths increased from 82 to 117 after the storm, with a total of 2,838 deaths reported in September, a 20 percent increase from the 2,366 deaths reported for the same month in 2016 and up from 2,242 in September 2015. Rossello said the government has to investigate whether the increase in deaths is directly or indirectly tied to Hurricane Maria.
“Every life is more than a number, and every death must have a name and vital information attached to it, as well as an accurate accounting of the facts related to their passing,” he said. Officials with the government’s forensic institute have said many recent death certificates they received did not state whether lack of power could have been a factor. Rep Nydia Velazquez, a Democrat from New York, praised Rossello for his action but said an independent review is still needed. “The official death count on the island seems unrealistically low,” she said in a statement.