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VOLUME:114 No122, MAY 17TH, 2017
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BUSINESS: BAHAMAS WORST IN REGION FOR GUN CRIME
Doubts over PLP electricity deal
DAVIS SAYS NO DECISION YET ON DATE FOR NEW CONVENTION By RASHAD ROLLE Tribune Staff Reporter rrolle@tribunemedia.net
FORMER Deputy Prime Minister Philip “Brave” Davis said his party’s intention is for him to be leader of the Official Opposition in Parliament, adding that it has not yet been determined when the Progressive Liberal Party will have its next convention. SEE PAGE FIVE
Turnquest and union chief unsure of agreement
By KHRISNA VIRGIL Deputy Chief Reporter kvirgil@tribunemedia.net A DAY after former Prime Minister Perry Christie revealed his administration had signed off on agreements with a company to make electricity more affordable and reliable while at the same time generating significant revenue for the government days ahead of the general election, Deputy Prime Minister K Peter Turnquest and a top union official have expressed uncertainty over whether this deal is concrete. Speaking to The Tribune yesterday, Bahamas Electrical Workers Union (BEWU) President Paul Maynard said while he did hear of an agreement, it was not officially brought to the attention of the union. SEE PAGE THREE
THE FIRST Cabinet meeting held yesterday under the new government at the Office of the Prime Minister.
CASH CALLS FOR CLARITY OVER BANK OF THE BAHAMAS By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net
FORMER Free National Movement Chairman Darron Cash yesterday called for a “full disclosure” of the Bank of the Bahamas’ “true state of affairs,” suggesting that the former Christie administration’s “systematic pattern of dis-
tortion and cover up” of the bank’s woes must come to an end. Mr Cash, in a statement, called on the Minnis administration to let the “chips fall where they may” in disclosing the bank’s financial state of affairs, adding that the public needs to know the “whole truth” about the SEE PAGE SIX
Photo: Terrel W. Carey/Tribune Staff
‘IT’S THE PEOPLE’S TIME MEANS WE WILL LISTEN TO THE PEOPLE’ By AVA TURNQUEST Tribune Chief Reporter aturnquest@tribunemedia.net
PRIME Minister Dr Hubert Minnis yesterday reiterated his charge that newly sworn in Cabinet ministers will not shirk their parliamentary duties as they take on their government portfolios. Dr Minnis noted that ministers were expected to report to their various con-
stituencies on a quarterly basis and keep tabs on the concerns of constituents as he addressed the press ahead of the first sitting of Cabinet. When the press arrived at 8.40am, Dr Minnis was already inside and his ministers began arriving at the Office of the Prime Minister around 9am. Dr Minnis likened last week’s landslide victory to the Free National Move-
ment’s first government win in 1992, underscoring that at both times the country had been “rocked with corruption”. “We won on the message ‘it’s the people’s time’ and we will adhere to that,” Dr Minnis said. “We will continue to listen to the people and we will be taking directives and working for the people. SEE PAGE SIX
TRUMP NOMINATES BAHAMAS AMBASSADOR By AVA TURNQUEST Tribune Chief Reporter aturnquest@tribunemedia.net AMERICAN president Donald Trump has proposed prominent San Diego developer and veteran industrialist “Papa” Doug Manchester for the post of US ambassador to The Bahamas. The Nassau post has been
Covering The Bahamas for 40 years.
vacant since 2011, with the most recent nominee Cassandra Q Butts having died as she waited more than two years to be confirmed to the post under the former Obama administration. Ms Butts, 50, died in May last year, but was nominated for the ambassador post in 2014 by former US President Barack Obama.
The confirmation was said to have been held up by Republicans in the US Senate. If confirmed, the 74-yearold Trump supporter will serve as ambassador of the United States of America to the Commonwealth of The Bahamas, according to a statement issued by the US
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SEE PAGE 12
GOVT WILL NEED TO BORROW BUT WILL HONOUR POLICE PAY DEAL
By SANCHESKA DORSETT Tribune Staff Reporter sdorsett@tribunemedia.net DEPUTY Prime Minister K Peter Turnquest said yesterday said the government intends to honour the commitment made by former Prime Minister Perry Christie to pay overtime to Royal Bahamas Police Force officers but “some degree of borrowing would be required” for this to happen. In an interview with The Tribune, Mr Turnquest, who is also minister of finance, said the officers will be paid, but he did not go into details. “We intend to honour the commitment. Some degree of borrowing would be required to help the government fulfil its obligations,” Mr Turnquest said after a Cabinet meeting Tuesday morning. SEE PAGE SIX
PAGE 2, Wednesday, May 17, 2017
DEBRIS FOUND IN SEARCH FOR MISSING PLANE
THE TRIBUNE
MIAMI Associated Press
AUTHORITIES searching in The Bahamas yesterday for a small overdue plane with four people from the United States on board have found debris that appeared to be from a plane and an oil slick in waters east of Eleuthera. Last night, search and rescue officials were trying to determine whether it came from the missing twin-engine plane, which was carrying a prominent New York businesswoman and her two young sons, according to Lt Cmdr Ryan Kelly, a US Coast Guard (USCG) spokesman. The USCG said the Mitsubishi MU2B was 37 miles east of Eleuthera on Monday afternoon when air traffic control in Miami lost radar and radio contact with the plane. It was en route from Puerto Rico and never made it to its destination of Titusville, on the northeastern coast of Florida. “We are still searching and that search is going to go on through the night and into tomorrow,” Lt Cmdr Kelly said. The people on board the plane - tail number N220N - were identified as Nathan Ulrich, 52, of Lee, New Hampshire, and Jennifer Blumin, 40, of New York, along with her sons Phineas, 4, and Theodore, 3. Ms Blumin was founder and CEO of Skylight Group, which provides event space around New York City, specialising in the fashion industry. The company released a statement confirming that she and members of her family were on the plane. “Her family is working with investigators and we politely ask that you respect their privacy at this time,” the company said. The plane was at about 24,000 feet when air traffic control lost contact shortly after 2pm on Monday. “There’s no indication of significant adverse weather at the time,” Lt Cmdr Kelly said. Mr Ulrich was listed as the pilot but it was not known who was flying it at the time, the spokesman said. Ms Blumin owned the plane through a consulting company, according to New York State and aviation records. New Hampshirebased Mr Ulrich is the founder and co-owner of Xootr, a company that manufactures kick scooters and folding bicycles. Coast Guard aircraft were searching along with Customs and Border Patrol and the Royal Bahamas Defence Force about 40 miles east of Eleuthera. A Coast Guard cutter was dispatched to the area and was expected to arrive later yesterday to assist with the search.
THE SUSPECTED drugs along with the suspects being taken into custody after arrival in the capital. Photos: Marine Seaman Collison Ingraham/RBDF
Three arrested as RBDF seizes 1,000lbs of marijuana THREE men are in custody after the Royal Bahamas Defence Force seized more than 1,000 pounds of marijuana from a go-fast vessel Monday morning. According to the RBDF, officers on HMBS Rolly Gray made a “hefty dent in the illegal narcotics supply” while on routine patrol in the southwestern Bahamas, in the area of Cay Lobos. The RBDF vessel intercepted a 28-foot blue and white go-fast vessel, which was subsequently searched by Rolly Gray’s boarding team. A large supply of contraband, believed to be marijuana was discovered on board. The three men on board, two
Bahamians and one Jamaican, were apprehended and their contraband seized. They were taken to New Providence where they arrived on Tuesday morning. The drugs weighed just over 1,000 pounds with an estimated street value of over a million dollars, the RBDF said. The men and contraband were handed over to officers of the Royal Bahamas Police Force Drug Enforcement Unit for further processing. The RBDF said the arrests are a result of the consistent efforts of the agency and its strategic intent to rid the waters of the Bahamas of illicit transnational activities.
THE 28-foot blue and white go-fast vessel laden with suspected illegal drugs being escorted into the capital by a Royal Bahamas Defence Force boarding team.
THE TRIBUNE
Wednesday, May 17, 2017, PAGE 3
Turnquest says no one has been fired by govt By RASHAD ROLLE Tribune Staff Reporter rrolle@tribunemedia.net
THE Minnis administration has given no directives for people to be fired from government programmes that were started under the previous administration, Deputy Prime Minister K Peter Turnquest said yesterday. His comments came amid speculation that people engaged in the Christie
administration’s empowerment programme, which focused on creating apprenticeship opportunities for Bahamians, were allegedly being “fired”. “It is inaccurate,” Mr Turnquest said. “Ministers have taken their portfolios this morning (Tuesday). No directive has been given for anybody to be terminated. We’ve gotten reports that there are some private entities that had engaged these workers who have let them
go, but that has nothing to do with the government itself. The private entities decided they didn’t want to retain the people.” It is unclear how many people were engaged in the empowerment programme, but the Christie administration had budgeted $22m for it last May. The programme was run through the National Training Agency (NTA). It had been criticised for its similarities to a 52-week
job programme brought by the former Ingraham administration, which the PLP while in opposition called an election ploy. Former Prime Minister Perry Christie said last year that unlike the 52-week programme, his empowerment programme was not about job placement for unemployed people but rather about training to ensure those people attracted and retained long-term employment.
Since the Free National Movement’s (FNM) victory last week, supporters of the former administration have kept a close eye for movements in the public sector amid their concern about firings under the new administration. Mr Turnquest said yesterday that agencies have been asked to review the conditions under which some people were employed in the lead-up to the election, but added that no directive
DR DUANE SANDS, centre, arriving for the first Cabinet meeting under the new government at the Office of the Prime Minister yesterday.
has been given for people to be fired from their jobs. “All agencies have been encouraged to take a review of the conditions to see what our exposure is and whether there are individuals hired primarily or solely for election purposes or whether they are needed persons that fulfil a purpose. No decision has been made with respect to this yet,” Mr Turnquest, who is also minister of finance, said.
Photo: Terrel W. Carey/Tribune Staff
NHI WILL NOT BE CANCELLED - BUT WILL CHANGE By SANCHESKA DORSETT Tribune Staff Reporter sdorsett@tribunemedia.net MINISTER of Health Dr Duane Sands said yesterday the Free National Movement will not cancel National Health Insurance, however, he said, the new administration will take a more “practical and realistic” approach to the plan. In an interview with The Tribune after his first Cabinet meeting as health minister, Dr Sands said NHI is a priority for him and he hopes to meet with the NHI team as early as today to get a better understanding “of what needs to be done,” but he said he does not have enough information at this
time to be able to “map the plans way forward under the FNM”. “We do not have enough information about the plan at this moment for me to give you more than just a glib response,” Dr Sands said yesterday. “I have to find out the status of NHI and I hoped that I will be briefed by the NHI team as early as tomorrow (Wednesday) and once that is done I will know where we stand and I will be able to speak with some degree of sense. “As you can imagine it is hectic but NHI is a priority. We know there is a tremendous amount of anticipation and hope surrounding NHI and there
has been some misinformation that we will cancel the plan and that is not the case. Prime Minister Minnis has made it clear that NHI is important, it just needs to be adjusted. We have given a conceptual approach to NHI and now we have the instruments in our hands for us to modify it and change it how we need to make it a practical and realistic plan.” Since launching last month, more than 6,000 people have registered under the enrolment phase of NHI. While on the campaign trail the Progressive Liberal Party repeatedly claimed that if elected, the FNM would cancel NHI. However, in the FNM’s
manifesto, the party said it would implement a functional National Health Insurance plan with a robust catastrophic health-care component. The FNM, in its Manifesto 2017, said “all Bahamians should have easy access to affordable excellent healthcare and during our term in office we will as a priority upgrade the present health infrastructure, ensure easy and affordable access by all Bahamians to primary, secondary and tertiary, including critical care, provide patients with the right to choose, develop a system that is viable and sustainable (and) embrace a national healthy lifestyle programme to entrench a
preventative and wellness strategy to effectively deal with the scourge of the many related lifestyle illnesses.” “In order to maximise the quality of care, an FNM government will implement a functional NHI plan with a robust catastrophic healthcare component.” Former Prime Perry Christie heralded the “historic” launch of the enrolment phase of NHI in April, expressing his delight in serving as the nation’s leader while “ushering in” one of the “most significant interventions in the history of this country.” With the launch, Bahamians will now be able to choose their primary care
physician from a list of over 60 doctors, which include family medicine practitioners, general practitioners, internists, obstetricians, gynaecologists and paediatricians. The former government planned to have between 140 and 150 primary care providers (PCPs) incorporated into NHI, with plans to augment the private sector offering with the services of primary care providers in the public sector, the Department of Public Health and the Public Hospitals Authority (PHA). NHI officials have said patients have already started receiving primary care treatment under the programme.
from page one
not to preempt anything coming forward on this matter in the future, but said in his preliminary talks with one of the groups interested in power generation for Bahamas Power and Light Ltd (BPL), it was speculated that there was no deal. For his part, Mr Maynard said: “If the union was not involved and if the union doesn’t support it, it won’t happen. “(There is) no way the union will allow no company to come here and have Bahamians not working. This same company went in Jamaica and they brought their own people to work.
It’s not happening here. We are not allowing that. “If you get a company and they involved us in a process then it’s fine, I have no problem supporting the government if the union knows about the deal from the start and they will take care of the workers.” He continued: “I heard about the deal, but we were not involved so it’s not happening. You can take that to the bank.” Mr Christie’s remarks on Monday night came a week after Tribune Business revealed that the Christie administration had quietly been soliciting bids to provide BPL with improved
generation capacity, reportedly without the knowledge of either the company itself or its manager, PowerSecure. Mr Christie referred to the matter as he gave a lengthy resignation speech as PLP leader at a National General Council meeting. He said it was up to the new government to review the proposals and decide if it wanted to go forward with it. He also assigned former Minister of Works Philip “Brave” Davis and former Minister of the Environment Kenred Dorsett the job of explaining the details of the proposals to the public.
“I want Brave Davis and Ken Dorsett to speak (to the fact that) in the last remaining weeks of my government we made an incredible breakthrough in the provision of electricity and the agreements were approved by Cabinet like four or five days before the election,” Mr Christie told PLP supporters packed into the Sir Lynden Pindling Centre. “It was incredible insofar as it was the use of natural gas, that it would make electricity much more affordable, more reliable. A part of it was to pay off the $700m rate reduction bond. A company that
was going to broaden its involvement in establishing in Freeport and New Providence facilities that would enable the government to earn substantial revenues from. As (I) indicated to Brave Davis today (Monday), he has a responsibility to speak to it because the country will benefit from it substantially. It is an extraordinary set of agreements and the country should know who did it as efforts will be made now by our successors to in fact review the agreements and make a decision as to whether or not they would proceed with it,” Mr Christie said.
DOUBTS OVER PLP ELECTRICITY DEAL Mr Maynard said in his view, this would mean that the deal “is not happening”. If this is the case, he told the new administration “to scrap, tear up (and) throw in the garbage” anything that might exist. Meanwhile Mr Turnquest said the former prime minister needed to come forward and shed light on the revelation he made at the Progressive Liberal Party’s headquarters on Monday night. He added that he did not want to say much more as
BANNISTER ABSENT FOR ‘PRE-ARRANGED COMMITMENT’ THE Cabinet Office has released a statement in response to social media speculation about Minister of Works-designate Desmond Bannister who was not present at a swearing in ceremony for Cabinet ministers at Government House on Monday. Some speculated on social media that Mr Bannister’s absence was because of some illness. However the Cabinet Office, as well as Free National Movement Chairman Sidney Collie,
said Mr Bannister did not attend Monday’s event due to a pre-arranged commitment out of the country. “The Cabinet Office understands that there are a number of stories circulating on social media regarding the member of Parliament and ministerdesignate for the Ministry of Works, the Hon Desmond Bannister,” the statement noted. “The Cabinet Office wishes to inform the general public that Mr Bannister
had an audience with the prime minister on Sunday, May 14, 2017 at which time he accepted the appointment of minister of works. “Mr Bannister indicated at that time that he had some prearranged commitments outside The Bahamas and requested to be sworn in at a later date. He assured the prime minister that he would be returning to The Bahamas during this week and is expected to be sworn in at the earliest opportunity.”
Mr Collie told The Tribune yesterday that he and Prime Minister Dr Hubert Minnis met with Mr Bannister, MP-elect for Carmichael, on the weekend to discuss his appointment. Mr Collie said Mr Bannister appeared to be “in good health” at the time. “When we met with Desmond he told us he had arranged travel about three weeks ago and he couldn’t go because of the campaign and this was the first opportunity (to travel) so the prime
minister excused him from yesterday’s (Monday’s)
swearing in,” Mr Collie said.
PAGE 4, Wednesday, May 17, 2017
THE TRIBUNE
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Is US President Trump facing his Watergate? WHEN American President Donald Trump summarily fired the US Attorney General James Comey last week, it felt like a watershed moment. Or, perhaps, a Watergate moment. In reporting on the firing on its front page, The New York Times ran a featured story comparing Trump’s action to Richard Nixon’s firing of, first, Attorney General Eliott Richardson and, then, deputy Attorney General William Ruckelshaus. Their offence was their unwillingness to fire Special Prosecutor Archibald Cox, whose aggressive investigation into the break-in at the Watergate Hotel offices of the Democratic National Committee was apparently getting too close to the president. Faced with a similar presidential order to participate in the ousting of FBI Director James Comey, current Attorney General Jeff Sessions seems to have had no similar misgivings as he put his signature to a recommendation that Trump dismiss the nettlesome Comey. Sessions cited Comey’s awkward revelation of a misleading development in the Hillary Clinton email fiasco as a primary pretext for the FBI director’s firing. No one believed this, and Trump had to swiftly acknowledge that he had been personally itching to get rid of Comey for some time. Nixon’s 1973 firing of Richardson, Ruckelshaus and ultimately Cox precipitated the president’s resignation six months later. What will be the consequence of Trump firing Comey, and why did he really do it? Theories abound, but a common thread in most attempts at explanation is that Comey’s FBI investigation of Russian meddling in the last US presidential election may have been getting to close to Trump himself. Several things are becoming clear in the aftermath of the Comey firing. The smoke around the issue of Trump’s Russian ties continues to roil. It is becoming hard to imagine that there is not a significant fire at the heart of it. Russia seems almost always to be part of the latest scandal. The president’s persistent refusal to disclose his tax returns adds more fuel to the presumed fire. Polling indicates that Trump’s hardcore bedrock support among American voters is not significantly eroding. And just as most of them did during the 2016 presidential primary campaign after it became clear Trump would win their
party’s nomination, Republican leaders still largely defer to him. Perhaps most worrisome is a growing perceived threat to the American democratic system. Trump supporters and critics agree that his dismissal of Comey was within his authority. But many wonder what restraints on his executive authority the president actually acknowledges. Who will be next to go? Trump seems certain to test American constitutional checks and balances. Is American democracy entering an existential crisis? Perspective on this comes from Yale University political scientist Milan Slovik, who posits the theory that when democracies fail, they often, paradoxically, succumb to the manipulations of elected leaders who enjoy strong support among voters who support democracy. Turkish and Russian presidents have in recent times gained much power, backed by a majority of their constituents. But Slovik has focused his study on a much closer geographic subject. He has concentrated on Venezuela. Quoted in an online university newsletter, Slovik says the more strongly partisanship is associated with one candidate, the more willing voters are to accept that candidate’s undemocratic behaviour. It follows that in polarised societies - like Venezuela, Turkey and perhaps the US democracy is especially at risk. Venezuela has been led for 15 years by Hugo Chavez and Nicolas Maduro. Neither could be classified as a democrat. Journalists and citizens have been prosecuted and imprisoned for opposing the regime, and leading opponents of the regime have been banned from running for office. In Venezuela, Slovik has found that “the masses can - but do not - serve as a check on undemocratic behaviour by incumbents when societies, while unified in the support of democracy, are divided along partisan lines.” A majority of Venezuelan voters sampled by Slovik “were unwilling to say that they would vote against an anti-democratic candidate when doing so would betray their economic interests”. Slovik discounts direct comparisons of the Venezuelan findings and US political prospects. He and others will now focus more on American politics. But given the current state of partisan polarity in American political life, could any observer ignore with any assurance such comparisons?
Mitchell a danger to democracy EDITOR, The Tribune FORMER Minister Mitchell’s statement following his election defeat is an insult to Bahamians at so many levels. Characteristically, he refuses to be gracious in defeat and accept that he is now politically irrelevant. His tin pot dictator and sour grapes utterances are the babbling of an egotistical and narcissistic soul unceremoniously banished to the political wilderness by the electorate. He is raging to be relevant again. Thankfully he is no longer in power; no longer a Cabinet Minister; no longer a Member of Parliament. He is now 65 and will, by effluxion of time, and the blessings of nature, soon vanish into political oblivion. He will be 70 when the next elections are called and will be way past his “use by” date. He is once again making false, rude and derogatory statements about Mrs Carron, Mr Bacon, Mr Izmirilian and myself. In his pique, Mr Mitchell remains rude and ungracious; he belittles
everybody. Our nation will recall when I went down on my knees and prayed fervently to God that Mr Mitchell should never become Prime Minister and also that he should lose his seat in Fox Hill in this election. Thankfully my prayers were answered and manifested in the will of the people. Mr Mitchell affirms his unbridled lust for power which he wielded so absolutely and despotically, governing by ministerial dictat rather than by the Rule of Law. He does not deserve to be treated seriously. I urge the citizens of our nation, who have overwhelmingly voted for democracy, to ignore him, so that hopefully he will fade into obscurity where he belongs, sooner rather than later. However, we must be ever watchful of Fred Mitchell, the consummate political opportunist. He must be monitored. He must never be allowed to get into a position of power again. Let us remember that Mr Mitchell burned our Constitution. He has no respect
for the Rule of Law. He destroyed our democracy for the last five years. As Minister of Foreign Affairs he was abysmally undiplomatic. As Minister of Immigration he abused people’s rights. So we must be ever watchful of him to ensure he does not rise like a phoenix from the ashes of his own selfdestruction. He is, at heart, a power-crazed despot who must never be underestimated. As a human rights activist I urge the nation to ensure that Mr Mitchell never gets any power again. Recall that at the last PLP convention he proclaimed his intention to increase his army of “Mitchell’s Macoutes” from 300 to 900. Mr Mitchell is a man who is committed to becoming the first Dictator of the Bahamas. I say to our nation, be very wary of Fred Mitchell, he remains a danger to democracy. Don’t sleep on this man. FREDERICK SMITH QC Freeport, Grand Bahama May 15, 2017
Mitchell’s alternative reality EDITOR, The Tribune. FRED Mitchell’s “Air Force One” crash-landed in Fox Hill on election night. Neither Captain Freddie nor the wreckage of his gargantuan arrogance and self-importance could initially be found. The search party hoped to spot him at the recount the next day but His Highness was a no show. Four days later, we learned that he was sulking in an undisclosed location, blaming everyone but himself and the PLP for the crash. If you ever harboured doubt that Mitchell was delusional, you got the proof in his own words. In Fred’s mind it was not the people-powered FNM “salami” that had sliced and diced the PLP. It was rich white foreigners and their Uncle Tom cronies who hoodwinked the electorate. Only the electorate is too stupid to know it. Presumably, to our former top diplomat there is a difference between objective reality and fact. Not since the era of Donald Trump in the White House in the USA has there been such huge delusion. The fact to the rest of world is that the FNM won the election by a landslide. To Fred the “objective reality” is that it was just a passing phase that will last five years. He obviously meant “subjective reality”. The objective deals with the tangible reality you can touch and feel. The subjective deals with the reality you create in your mind. The “fact” that he lost his seat convincingly to a political neophyte, the second woman to beat him including Juanianne Dorsette in 1997, has no bearing on Fred’s reality. “Keep moving,” he tells the throngs of FNM voters. Nothing to see here. Except there is a lot of PLP wreckage, including the supreme leader who was utterly humiliated in Centreville. The heartache Perry Christie must be feeling these days is not the pain of
LETTERS letters@tribunemedia.net rejection, it is just the objective reality telling him that the motorcycle outriders, the soft leather seats of the Prime Ministerial car and the fluttering flag on the hood, don’t belong to him anymore. The people dem gone take back dey tings and give it to somebody else. That Fred would have the unmitigated gall to talk about foreign involvement in this election when the objective reality of just five years ago was we had Peter Nygard talking about how he had paid to “take-back our country”. Mere weeks ago the objective reality exposed Jerome “Throw me out $20,000” Fitzgerald begging a white foreigner for contracts and Shane “Hurricane” Gibson on a monthly retainer from Mr. Nygard. The PLP failed to correct the problem, says Fred. More like failed to acknowledge that there was a problem. Where was Sir Freddie when all and sundry were piling on to plunder the Treasury? Unless he can prove that he did so on his own dime, then jetting off to Los Angeles in first class to sing “happy birthday” to Sir Sidney Poitier was also an attack on the treasury. Quoting the fourth Prime Minister of Jamaica, Michael Manley, further exemplifies his delusion. Manley knew about being routed in an election. The son of the founder of his People’s National Party, Manley stubbornly led them to a crushing defeat in 1980 winning just nine of the 60 seats in the House. Did he learn from that rout? Two years later with his party’s popularity rebounding he refused to take part in snap elections and so all 60 seats in parliament were in the hands of the Jamaica Labour Party. The “objective difference” between Manley in 1980 and Fred now, was that Manley didn’t lose his seat in the rout to which Fred re-
fers. He was around for the reconstruction. His constituents didn’t kick him to the curb or in Fred’s case the apt metaphor would be that he was drowned in the new Fox Hill swimming pool. No one should now doubt that there is some self-serving motive behind Fred’s private citizen morse code to the evolving power structure in the PLP. If he were indeed on the inside he never would have made his thoughts public. He is as much a stranger to the soon to be reformed PLP as he surely will be the next time he enters the precincts of the House of Assembly. Ms. Shonel Ferguson will be the honourable member for Fox Hill, and Fred can put that in his tea. The Governor General will invite Philip Brave Davis, Glenys Hanna-Martin, Picewell Forbes or Chester Cooper to lead Her Majesty’s loyal opposition in the House of Assembly. Of course it is of no concern of the Queen’s Representative who leads the PLP. It is the leader of the opposition alone who will decide who will be the PLP senators. Many believe that Fred wants to be one of them and so he has surfaced to try and weasel a Senate appointment. As if anybody cared, Fred says that the PLP needs professional help to rebuild. He was channeling to Brave that he mustn’t appoint amateurs to the Senate. Stick with the professional pit bulls. With Perry now reviewing retirement home brochures, Brave can finally break free and be his own man. Does he go with new faces or does he bring back the tired old crew that voters rejected? It is no great secret that few in the PLP have any special fondness for Fred and so his call to arms to his fellow vanquished colleagues will likely fall flat. In Fred’s mind it’ll always be May 9. Because that way election day never happened. THE GRADUATE Nassau, May 16, 2017.
THE TRIBUNE
Wednesday, May 17, 2017, PAGE 5
Galanis wants Sears to lead PLP affairs in the Senate By RICARDO WELLS Tribune Staff Reporter rwells@tribunemedia.net FORMER Progressive Liberal Party MP Philip Galanis yesterday suggested that the party should turn to former Attorney General Alfred Sears to lead its affairs in the Senate, or “lose out” on its “best chance to signal positive change” in the wake of its landslide defeat at the hands of the Free National Movement. Mr Galanis, a noted supporter of Mr Sears in the past, urged the party to “put its best foot forward” as it looks to rebound for its
current state. Noting Mr Sears’ years of service to both the party and the country, Mr Galanis said the appointment of Mr Sears to the Senate would signal “true growth and understanding” on behalf of the party. “The PLP must re-engineer itself. The party has to re-engineer, reconsider and then recast,” stated the one time member of Parliament for Englerston. “The electorate wants to see a level of change within the Progressive Liberal Party. The electorate wants us to accept their voice and rule. For this reason alone, I hope Mr Sears is appointed
to the Senate.” Mr Galanis was responding to questions on how the PLP would re-establish itself after only capturing four of the 39 seats contested during the general election. Former Prime Minister Perry Christie resigned as leader of the PLP with immediate effect during a meeting at the party’s headquarters Monday night. Of the move, Mr Galanis said Mr Christie’s resignation serves as the “perfect opportunity” for the party to “right itself”. He added that the party now was in the best posi-
revealed to this newspaper his intention to run for chairman of the PLP at the party’s next convention, which, he said, should be held in the next several months. In reflecting on his party’s defeat, Mr Wilchcombe said that the former Christie administration’s failure to table and pass campaign finance legislation was a “mistake.” He alleged that money played a role in the party’s historic defeat. “There were some irregularities we saw,” he said. “The amount of people who did not vote, there are questions as to why. Were they not inspired or were they paid? That is why it has to be investigated. In my constituency we are doing a data analysis right now and looking at all the circumstances, not to challenge in court because the results are in, but we can’t take the country forward that way; democracy is not for sale.” Mr Wilchcombe alleged that both parties have allowed big money to impact elections in the country. “Wealthy individuals who have given their funds and their funds have been effectively utilised in cam-
paigns,” he said. “Both parties are wrong. We need people whose votes are predicated on the issues, on deep thoughts of what we intend to do for the country and not where someone is encouraged not to vote because of dollars.” “I think (not bringing campaign finance legislation) was a mistake we made,” Mr Wilchcombe said. “It’s something we should’ve dealt with but what happens is you get elected and you pay no attention to it. Sometimes you make a fundamental mistake. It’s just like this whole thing of gerrymandering and changing boundaries. I don’t agree with that either. It is very obvious that the country must impose a new regime and measures to deal with the financial reform for general elections. We have to put something in place because some things happened that should not have happened.” Newly elected Prime Minister Dr Hubert Minnis has repeatedly expressed his support for campaign finance legislation and promised that the FNM would enact such legislation if it were elected to office.
DAVIS SAYS NO DECISION YET ON DATE FOR NEW CONVENTION from page one
Mr Davis became interim leader of the PLP after former Prime Minister Perry Christie resigned as party leader during a National General Council meeting Monday night. Asked about a possible convention to settle the leadership questions facing the party, Mr Davis said: “That’s a matter that I would take under advisement as things evolve. At the moment we have to ready ourselves for Parliament, prepare ourselves for the budget debate that is about to commence shortly. There are some other election issues that we have to settle as well.” Mr Davis said he’s not concerned that there are only four opposition members in Parliament because they are “up to the task of discharging” their responsibilities. His assessment of his party’s comprehensive defeat in last week’s general election is that the Bahamian people “wanted change.” Meanwhile, former West End Grand Bahama and Bimini MP Obie Wilchcombe
COOPER CALLS ISAACS REMARKS ABOUT RACE ‘UNFORTUNATE’ By RASHAD ROLLE Tribune Staff Reporter rrolle@tribunemedia.net
EXUMA MP-elect Chester Cooper distanced himself yesterday from controversial remarks Errington “Minky” Isaacs, chairman emeritus of the Progressive Liberal Party, made about race at the party’s special meeting Monday night. Mr Cooper, a first time parliamentarian, called the remarks “unfortunate,” adding that the PLP is supported by people of different races. In a speech criticised as racially divisive, Mr Isaacs suggested that “white people” did not support the PLP as he evoked images of the slavery of black people. Mr Isaacs said Monday: “I always speak to my children and I tell them check your history years ago, who round us up while we were in Africa? “Our own black people round us up. The white people stood on the side and watched. Well ain’ nothing changed. When we as black people gonna learn to stick together and learn together? You don’t see no white people supporting the PLP per se. We got to learn the stickability.” Mr Isaacs was animated as he made the statements, which were cheered on by
some at PLP headquarters. His remarks came in the presence of several white people who were in the room, including the PLP’s candidate in North Eleuthera, Clay Sweeting. In a statement, Mr Cooper said: “During Monday’s ceremony for the farewell address for former Prime Minister and Progressive Liberal Party (PLP) Leader Perry Christie, there were unfortunate remarks made by the moderator in the vein of black people enslaving each other while white people watched, and white Bahamians not supporting the PLP, as an allegory for our party’s recent loss at the polls. “While there will be much to discuss and probe in the wake of the PLP’s loss, I want to make clear that I, Chester Cooper, in no way support those sentiments or think them a fitting and proper analysis of the PLP’s loss. “The PLP is an organisation that is supported by Bahamians of every racial makeup. The thread that binds us is that we are all Bahamians. Many white Bahamians voted for me, and fought a hard battle in Exuma and Ragged Island to keep that constituency in the PLP’s column in what appears to be a wave election. I thank all Bahamians for their support
and dedication to the PLP and to The Bahamas. This country, like so many others, has a deep and complex racial history, and though we still bear the scars of the deep wounds of the past, we move forward together to build this country that we all love. This is the time for healing. Indeed Bahamians of all races and ethnic backgrounds are welcome in the Progressive Liberal Party.” Mr Cooper added: “We are interested in building this nation for all. This has been clearly demonstrated in (former) Prime Minister Christie having supported many white Bahamian candidates in the past and the white PLPs who served in the Senate and Parliament. We will need all hands on deck to steer the PLP back to its progressive roots and work to empower all Bahamians, regardless of race or ethnicity. I would like to express my thanks for the faith that the former prime minister, the National General Council and the good people of Exuma & Ragged Island reposed in me as a candidate, and promise to give excellent representation and to hold the current administration accountable in the House of Assembly.” A video of Mr Isaac’s remarks was widely shared on social media yesterday where it attracted criticism.
tion to go from “strength to strength.” Mr Galanis suggested that former Deputy Prime Minister Phillip “Brave” Davis would lead the party from Parliament, while Mr Sears should do so from the Senate. On Monday night, Mr Davis said he would fill the post of party leader in view of Mr Christie’s resignation, in accordance with the PLP’s constitution. Mr Davis is also expected to be sworn in as leader of the Official Opposition. “Leadership as far as the party and Parliament is considered, Mr Philip ‘Brave’ Davis will assume
that role and I think will do it well,” Mr Galanis said. “But the biggest questions will come in the Senate. I really hope that what we will really see there is a foreshadowing of where the party will be heading,” he added. “That is where Mr Sears has to be. I hope that Mr Sears is one of those members because he has served this party with distinction and purpose for quite sometime and he has proven that he has what it takes to move this party forward. “There will be new faces, but the appointment of Mr Sears will set the pace for us moving forward.”
THE NEW interim leader of the PLP Philip “Brave” Davis.
On Monday, Mr Davis was unable to tell The Tribune when the party would hold its next convention. Meanwhile, former Tourism Minister Obie Wilchcombe revealed that he will run for chairman of the PLP at the party’s next convention as Bradley Roberts reportedly will not seek re-election to that post. Mr Sears challenged Mr Christie for the post of party leader at the party’s convention in January but lost by a large margin. He ran unsuccessfully for the Ft Charlotte seat in the general election, but lost to the FNM’s Mark Humes.
PAGE 6, Wednesday, May 17, 2017
THE TRIBUNE
CASH CALLS FOR CLARITY OVER BANK OF THE BAHAMAS from page one
bank’s situation. In particular, Mr Cash said the disclosure would serve as a “quick win” for first-time Deputy Prime Minister and Minister of Finance Peter Turnquest, along with the release of “all of the relevant internal analyses and reports” that former Prime Minister Perry Christie “received and refused to make public.” Hours after Mr Cash’s statement was released, Mr Turnquest issued his own statement saying the government is committed to the institution’s success. “The government of the Bahamas acknowledges that the Bank of The Bahamas is a systemically important financial institution and as such is fully committed to its success,” Mr Turnquest noted. “The government further acknowledges the concerns
of the various stakeholders with respect to the bank’s capital, liquidity and governance. In its role as the majority shareholder, the government is committed to working with the board, management and regulators in comprehensively addressing all of these issues and returning the bank to sustained profitability,” Mr Turnquest added. Meanwhile, Mr Cash’s statement followed the release of BOB’s financial results for the third quarter ended March 31, 2017. According to that report, the bank’s comprehensive losses were approximately $200,000 short of $11m. In February, Tribune Business reported that BOB’s financial statements for the half-year to end-December 2016 showed that its total comprehensive loss had increased by almost $2m year-over-year, rising from $3.587m to $5.428m. Recently, former Prime
Minister Hubert Ingraham questioned under what “lawful authority” did the former Christie administration use $50m of the “people’s money” to partially replenish BOB’s capital because of $100m worth of non-performing loans. Earlier this month, Mr Ingraham demanded to know whether any members of the Christie administration are on the list of non-performing loans (at BOB) “to the tune of tens of millions”. In his statement, however, Mr Cash said notwithstanding the government being the majority shareholder in BOB, the “new FNM government should not own the problems of the Christie administration.” “For almost five years the Christie government misled Parliament, the general public and minority shareholders of BOB about the true state of affairs within BOB,” he noted. “As of May 11, 2017, the
systematic pattern of distortion and cover-up must come to an end. The public deserves to know the truth, the whole truth and nothing but the truth about BOB’s financial position.” Mr Cash insisted that an “early, big and grave mistake” for the new FNM administration would be to “retreat to safety” by withholding information about BOB in an effort to “protect” or “prop up” the bank. “Conversely, a very quick win for the new minister of finance would be to release all of the relevant internal analyses and reports that Mr Christie received and refused to make public…all while singing ‘it’s all right now,’” Mr Cash added. “We especially want the release of the famed Church report. “...The public is clamouring to know the truth. Release the information and let the chips fall where they may. “Mr Christie, as (former)
minister of finance and hider in chief may very well be vindicated when the truth comes out. If complete vindication is the end result, that would be great. But, the new government has a duty to let the Bahamian people make that determination,” Mr Cash said. Earlier this month, Tribune Business reported how BOB is seeking Supreme Court protection from the Central Bank’s demands for an “immediate” $50m increase in loan loss provisions and legal action against “politically exposed” bad borrowers. Legal documents obtained by Tribune Business revealed the extent of the stricken bank’s woes, with its problems so severe that its liquidity could deteriorate “quite literally on any day.” Abhilash Bhachech, the Central Bank’s inspector of banks and trust companies, in two affidavits filed with
During the FNM’s 1992 term, then Prime Minister Hubert Ingraham appointed three women to his Cabinet: Janet Bostwick, attorney general and minister of foreign affairs; Dame Ivy Dumont, minister of education and youth; and Theresa Moxey-Ingraham, minister of commerce, agriculture, and industry. In 2002, then Prime Minister Perry Christie appointed Cynthia “Mother” Pratt as deputy prime minister and minister of national security; Melanie Griffin, minister of social services and community development; Glenys Hanna Martin, minister of transport and aviation; and Allyson Maynard-Gibson, attorney general and minister of legal affairs. With the exception of Mrs Pratt, those women returned to the same posts in 2012. The first woman Cabinet member Dr Doris Johnson took her oath following the Progressive Liberal Party’s 1968 snap election victory over the United Bahamian Party. She had served as the first woman senator under then Premier Sir Lynden Pindling’s previous government. The new Cabinet has 19 ministers, inclusive of Dr Minnis.
PRIME Minister Dr Hubert Minnis at the first Cabinet meeting yesterday.
the Supreme Court on May 2 and May 4, 2017, revealed that BOB had launched a Supreme Court appeal on April 7, 2017, against the Central Bank’s latest regulatory demands. Explaining that these “supervisory mandates,” dated February 8, 2017, were issued for “sound prudential reasons,” Mr Bhachech alleged that they required BOB to “commence legal proceedings against its customers to realise on collateral from long-standing non-performing loans, specifically larger commercial exposures and exposures to politically exposed persons,” or ‘PEPs’. PEPs are persons who hold, or have connections – such as family links – to officials or politicians holding public office. Mr Christie and his administration had repeatedly denied that loans to ‘politically exposed persons’ or PEPs were involved in BOB’s demise.
‘IT’S THE PEOPLE’S TIME MEANS WE WILL LISTEN TO THE PEOPLE’ from page one
“In 1992 when we came in we had a country to rebuild. The country was rocked with corruption. The FNM was built with transparency and accountability and we had to free this country in 1992. “We opened the airwaves and hence you (the media) are here. In 2017 we are doing the same thing, this country is rocked with corruption from the government that we have just removed, and now again you will see transparency, accountability and the people will again have the voice just like they did in 1992.” Fifteen cabinet ministers took the oath of office at Government House on Monday, a group that stunningly included just one woman. Of the 12 substantive ministers and three ministers of state, Seabreeze MP Lanisha Rolle was appointed minister of social services and urban development. The FNM won 35 of 39 seats, with four of its women candidates taking seats in Parliament for Seabreeze, West Grand Bahama and Bimini, Pakeisha Parker-Edgecombe; Fox Hill, Shonel Ferguson; and MICAL, Miriam Emmanuel.
Photo: Terrel W. Carey/Tribune Staff
GOVT WILL NEED TO BORROW BUT WILL HONOUR POLICE PAY DEAL from page one
Minister of National Security Marvin Dames also told reporters on Tuesday that the government is “committed” to paying the officers. However, he said, the Cabinet is determining whether there is sufficient money in the Public Treasury to cover the payments. “Well, as I said, we have to look and see where it is that we’re at,” Mr Dames said yesterday morning. “From the outside in, it’s very difficult to say whether there’s money or not. We will begin this process now of seeing exactly where it is that we’re at, what it is that we have, what are some of the challenges that we will face moving in, and we’ll take it from there.” At a rally on April 27, days before law enforcement officers voted in the May 3 advanced poll, Mr Christie announced that the government will finally pay RBPF officers for working 12-hour shifts, with the first payment of the outstanding sum to be issued on May 29. He said the second instalment in overtime pay would come “in the next budget cycle,” but Mr Christie was not more specific. He said officers who have died or are retired will be paid in full. However, the PLP lost the general election to the FNM on May 10. Prime Minister Dr Hubert Minnis, speaking during a rally in the Central and South Eleuthera constituency in late April, said his party, if it won the election, would honour a court ruling and pay officers their overtime payments. In opposition at the time, Dr Minnis went on to suggest that in a last-ditch effort
to win over the support of the law enforcement agencies, Mr Christie made the promise to pay on May 29 – after the general election. Earlier this month, former Prime Minister Hubert Ingraham told FNM supporters at a rally that no matter which party won the election, the government would be unable to pay police officers overtime on May 29 because the money was not in the Public Treasury. Last May, the Court of Appeal upheld a landmark Supreme Court ruling ordering the government to compensate police officers for working 12-hour shifts at different periods in 2013 and 2014. The RBPF introduced 12-hour work shifts for officers in an attempt to get crime under control in September 2013. The appellate court had dismissed the government’s appeal against Supreme Court Justice Milton Evans’ ruling that a Force Order issued by former Police Commissioner Paul Farquharson in 2003 was relevant to the case as it mandated that public officers be paid when they work for more than 40 hours in a normal working week. At the time, the PSA had estimated that if the choice is made to pay the officers, the government could end up paying as much as $16.4m in overtime pay. However, attorney Wayne Munroe, QC, who represents the PSA, said at the time that Commissioner of Police Ellison Greenslade would determine whether to pay officers or to give them a proportionate amount of time off. The Supreme Court ordered that the compensation be received within a year.
PAGE 8, Wednesday, May 17, 2017
THE TRIBUNE
Dames to review policy of RBDF aiding police force By NICO SCAVELLA Tribune Staff Reporter nscavella@tribunemedia.net
THE Free National Movement government plans to “examine” the necessity of having Royal Bahamas Defence Force officers continue to assist the Royal Bahamas Police Force in policing, National Security Minister Marvin Dames said yesterday. Mr Dames, in an interview with reporters outside the Office of the Prime Minister ahead of a Cabinet meeting, said the government will seek to determine what the “appropriate” levels of staffing and resources should be for the police force, and once those needs are met, then “there would be no need for the defense force officers on the streets.” To that end, Mr Dames also said it is “critical” to clearly establish the roles of all of the country’s law enforcement agencies to avoid the government’s anti-crime strategies giving the appearance of being “guesswork from here until the very end.” Mr Dames also said the Hubert Minnis-led administration has “a lot of work to do” in removing the “tremendous amount of fear” of crime held by Bahamians throughout the country. However, he said that as the new minister of national security, he is currently focused on gaining an “understanding as to where we are as a ministry” and the types of challenges it faces on a daily basis.
The collaboration between both law enforcement agencies was introduced by the former Christie administration in February, one of several crime fighting strategies including “lockdowns” and mobile police vans in response to a bloody spate of murders in less than a week. Shortly after that announcement by former National Security Minister Dr Bernard Nottage, former Prime Minister Perry Christie said collaboration between the RBPF and the RBDF to combat crime was part of a shared vision of himself, Dr Nottage and Police Commissioner Ellison Greenslade. However, the involvement of the RBDF in policing was called a “touchy” subject by Police Staff Association (PSA) Chairman Dwight Smith, who told The Tribune that it sends the message that police are failing. “We have to examine that,” Mr Dames said when questioned by reporters yesterday morning. “We said very early, and it’s in our platform, that we have to look at the establishment of the organisation. Once we determine what the appropriate establishment level is, then we can work towards meeting that level. And if we do that, there would be no need for the defense force officers on the streets. “It’s important that as we move forward that we spend the people’s money wisely. We have to make good decisions. We cannot
MINISTER of National Security Marvin Dames with Governor General Dame Marguerite Pindling. Photo: Terrel W. Carey/Tribune Staff be ad-hoc in the way we do our business, and that’s why it’s very critical that we establish very early, the establishment of the (RBPF) what it ought to be, the establishment of the (RBDF) and the prison, and every other agency. “That’s extremely critical. Because if we don’t establish that, then it would mean that it would be guesswork from here until the very end, and that’s critical. What should be the numbers at, for exam-
ple a Cable Beach division? What should be the numbers for any of the Family Islands? Human resources? “This is extremely important. Because once we get to that point, then we know what we need, then we can adequately provide the policing resources necessary to safeguard and secure our communities.” Mr Dames also said the government has “work to do” in the “business of reducing crime” and improving the efficiency of his ministry.
“There’s still a tremendous amount of fear in this country by Bahamians moving about,” he said. “We have an obligation as a government to reduce that level of fear. Serious crime in this country--in my mind is still extremely high. There are too many homicides, we have to reduce that. There are too many firearms on the streets. We have to reduce that. “There’s a lot of work to do, and we can’t shy away from that. We can’t early
into this administration walk in saying that all is well, because all isn’t well.” He added: “I want to get an understanding as to where we are as a ministry. What are some of the challenges that we face currently? In order for us to get started on a good foot, we certainly want to know what it is that we have to do to improve on efficiency, to improve on accountability, and to manage the people’s resources effectively and efficiently.”
“That is the primary vehicle of transformation. We believe that because the education of our people is the most fundamental obligation and right a Bahamian government.” Responding to questions on what his appointment could mean for several of the initiatives introduced by the former administration, Mr Lloyd insisted that his office had not made an assessment to date on any of those programmes and policies, adding that it would have to “look at all that is before us”. During his tenure as minister of education, former Marathon MP Jerome Fitzgerald introduced a standardised national
high school diploma programme; a system of career path academic programmes at the secondary level; and chartered the University of the Bahamas. Despite these successes, however, his time in the post was marred by criticism over the administration’s inability to make marked improvement to national averages of standardized tests. When asked specifically about the national high school diploma programme Tuesday, Mr Lloyd said: “We recognised that unfortunately the minimum requirements are not being met by the students who leave school.” Mr Lloyd continued:
“Those requirements for graduation, less than 50 per cent of (students) are in fact meeting those requirements.” “We believe that has to be improved substantially. Now we are going to go back as a bit. We are going to make formal education available to the earliest of our young people, that is after three years of age. “So, we have proposed and we are committing to making early childhood education, particularly preschool available to all two-and-a-half to threeyear-olds.” Mr Lloyd’s comments yesterday on what many have already labelled uni-
versal pre-school education, a programme discussed and promised by the outgoing Progressive Liberal Party administration, now follows assertions he made last week in which he promoted an end to social promotion policies and the reformation of technical and vocational programmes. The FNM has maintained that its tenure will be devoted to increasing the investment in education. Additionally, the party has announced plans to retrain and better equip teachers and other educational professionals; improve educational infrastructure and reduce class sizes.
LLOYD SAYS NEW GOVT WILL NOT RUSH INTO NEW INITIATIVES By RICARDO WELLS Tribune Staff Reporter rwells@tribunemedia.net
THE country may have to wait awhile to see the results of the “brisk and aggressive” initiatives promoted by new Education Minister Jeffrey Lloyd, as he yesterday cautioned that this new administration would have to “learn the lay of the land” before it moves ahead with any new plans or away from any old policies. Speaking to the press before the new administration’s first Cabinet meeting since being elected, Mr Lloyd again said that education will have to act as the “vehicle” by which overall
national transformation would have to come, but again warned that it would take some time. Mr Lloyd said while “standards” throughout his ministry will have to be “improved,” the wide and expansive aspects of the Ministry of Education and Department of Education will have to be analysed and evaluated within the coming weeks. “The Free National Movement’s programme and commitment to the Bahamian people is that the transformation of our society will be on the backs of education,” Mr Lloyd said outside the Prime Minister’s office yesterday.
HENFIELD SAYS ‘CATCH AND RELEASE’ POLICY NEEDS REVISION By KHRISNA VIRGIL Deputy Chief Reporter kvirgil@tribunemedia.net
NEWLY appointed Foreign Affairs Minister Darren Henfield has said the country’s “catch and release” policy in response to the “knotty problem” of Haitian migrants entering the country will need revision and most likely a more strategic plan implemented to mitigate the influx of illegal migrants coming to The Bahamas. Mr Henfield asserted that the cost to repatriate migrants and the price tag associated with running the Carmichael Road Detention Centre, where they are housed, is a skyrocketing expense that the government needs to get a handle on. In January, former Foreign Affairs and Immigration Minister Fred Mitchell said Haitian nationals remained the highest number of repatriations with 5,241 of them sent back home for 2016. The figure represents a 65 per cent increase over 2015’s total of 3,183 persons. Repatriations of Cuban nationals also skyrocketed in 2016, according to statistics from the Department of Immigration, which indicated that total repatriations increased by some 80 per cent over 2015. Regarding this, Mr Mitchell earlier this year said the department believed that the more than
700 per cent rise in repatriations of Cuban nationals in 2016 was driven by anticipation that the United States’ “wet foot/dry foot” policy was coming to an end. The Department of Immigration repatriated 1,287 Cuban nationals in 2016, a stark increase over the 153 persons repatriated in 2015. “That is a knotty problem that is going to take some thinking to address,” Mr Henfield said in response to a question from The Tribune on his position when it comes to Haitian nationals entering the country illegally. He spoke to The Tribune on the sidelines of the reception that followed the swearing in of 15 Cabinet ministers on Monday. “I have actually done a thesis on this and I think we have to do some more things to mitigate it. “I think the catch and release policies that we have been pursuing for the past 50 years are clearly not working and so I am reminded of the 1980s when we had a drug problem. The Americans established with us a comprehensive maritime agreement, which permitted Coast Guard vessels to enter Bahamian waters with the (Royal Bahamas) Defence Force person on board and to actually intercept and board vessels. “I think we need to start looking at more strategic policies like that with the Haitian government in order to mitigate the influx
of Haitians every year. The cost of repatriation is continuing to skyrocket and the cost of the detention centre is skyrocketing. So we need to sit down and put on our thinking caps and solve this problem.” Regarding the Ministry of Foreign Affairs, Mr Henfield said an assessment is needed in his ministry to determine where it is now and where it needs to go. However, he listed several things that may need attention once work starts. “I know we have to finish some delimitation talks with the Americans because we need to settle our boundaries. We started those talks several years ago, but I don’t know where it is now. I know we need to talk to the United Kingdom about our borders with the Turks and Caicos Islands and I know we need to talk to the Haitian government about their borders. So we are going to actually settle The Bahamas’ borders. There is a lot of work we need to do. “We need to continue working with the Americans to mitigate human trafficking which you know is alive and well. We need to continue to work with OPBAT to reduce drug influence in The Bahamas. “We need to reduce weapons coming in. There are too many lives being lost in this country as a result of weapons that are being smuggled in,” the minister said.
THE TRIBUNE
Wednesday, May 17th, 2017, PAGE A9
TECHTALK
A MORE VERSATILE
• BILLIONAIRE entrepreneur Elon Musk posted video on social media last week of what he describes as an electric sled speeding through a tunnel, a test of a system he envisions for 3-D networks of underground passages for speeding traffic under Los Angeles’ congested roads. He posted on Twitter and Instagram that such sleds could transport cars at 125 mph (200 kmh), with automatic switching from one tunnel to the next. The video shows the sled, apparently riding a monorail, zipping through alternately dark and lighted sections of the tunnel. Musk warned that watching it may cause motion sickness or seizures. The founder of the SpaceX rocket and the Tesla electric car companies told a recent TED Talk his ideas for improving the speed and cost-effectiveness of tunnel boring.
WINDOWS 10
M
ICROSOFT will try to make Windows 10 more versatile with a wave of new features for creating memories, exploring virtual scenery and hopscotching from personal computers to mobile devices. The added bells and whistles will roll out later this year as part of “Fall Creators Update” that will be provided for free to 500 million personal computers, smartphones and tablets powered by Windows 10. Microsoft previewed the update last week in Seattle during its annual conference for applications developers. The company didn’t specify when it will be available; a preview for early testers was released Thursday. The latest changes come on the heels of a free update that began to roll out last month. “We are building Windows to be the platform that empowers everyone to create,” Terry Myerson, Microsoft’s top Windows executive, wrote in a blog post . Some of the upcoming tools represent another step in Microsoft’s attempt to catch up with two of its biggest rivals, Apple and Google. Along that vein, a new feature called Story Remix will automatically identify the best photos and videos to help people create highlights of their experiences. Microsoft also is opening up Windows 10 so it works better with the smartphones and tablets running on Apple’s iOS and Google’s Android software. A growing dependence on those mobile devices has reduced the role that Windows-powered PCs play in people’s lives. That shift to smartphones and tablets also is one of the reasons the next Windows 10 update will include
MICROSOFT’S Windows 10 will undergo a ‘Fall Creators Update’. a multi-faceted clipboard to let you copy text, images and other content on a PC and paste it on a phone, even iPhones and Android, as though the PC and phone were one. The tool is similar to what Apple already offers with Universal Clipboard in iPhones, iPads and Mac computers. Another upcoming feature will let you start working on a document on a Windows 10 PC and pick up where you left off on a rival phone. In another concession to the popularity of Apple’s products, iTunes software will be added to the Windows Store — an announcement that evoked some of the loudest cheers in last Thursday’s crowd. That development will be particularly helpful for students using a streamlined version of Windows designed for classrooms. That recently introduced version, Windows 10 S, can’t get apps directly from third parties such as Apple, as regular Windows 10 users can.
Meanwhile, Microsoft is vying to be more of a trailblazer by expanding its exploration of a new technological frontier that allows people to blend the real world with threedimensional projections of life-like images. The Redmond, Washington, company calls the emerging field “mixed reality” because it melds the artificial with things that are actually happening around us. The concept is more commonly known as augmented reality. Another format that immerses people in completely fabricated situations is known as virtual reality. Microsoft plans to introduce a new headset and motion controller in time for the holiday season. The equipment, to be made by Acer, will sell as a package for $399, far less than the $3,000 to $5,000 Microsoft charges for another mixed reality headset called HoloLens. Associated Press
TERRY MYERSON, executive vice president of the Windows and Devices Group, speaks at the Microsoft Build 2017 developers conference last week. (AP)
EXPERT WHO BEAT CYBERATTACK: I’M NO HERO A YOUNG British computer expert credited with cracking the WannaCry cyberattack told The Associated Press he doesn’t consider himself a hero but fights malware because “it’s the right thing to do.” In his first face-to-face interview, Marcus Hutchins, who works for Los Angelesbased Kryptos Logic, said Monday that hundreds of computer experts worked throughout the weekend to fight the virus, which paralysed computers in some 150 countries. “I’m definitely not a hero,” he said. “I’m just someone doing my bit to stop botnets.” The 22-year-old computer whiz from the south coast of England, discovered a socalled “kill switch” that slowed the unprecedented outbreak on Friday. He then spent the next three days fighting the worm that crippled Britain’s hospital network as well as computer systems around the world. WannaCry paralysed computers running mostly older versions of Microsoft Windows by encrypting users’ computer files and displaying a message demanding anywhere from $300 to $600 to release them; failure to pay would leave the data mangled and likely beyond repair. Hutchins said he stumbled across the solution when he was analysing a sample of the malicious code and noticed it was linked to an unregistered web address. He promptly registered the domain, some-
“I’m definitely not a hero. I’m just someone doing my bit to stop botnets.”
22-YEAR-OLD computer whiz Marcus Hutchins from the south coast of England.
Marcus Hutchins thing he regularly does to discover ways to track or stop cyber threats, and found that stopped the worm from spreading. Salim Neino, CEO of Kryptos Logic, said Hutchins took over the “kill switch” on Friday afternoon European time, before it could fully affect the United States. “Marcus, with the program he runs at Kryptos Logic, not only saved the United States but also prevented further damage to the rest of the world,” Neino said. “Within a few moments, we were able to validate that there was indeed a kill switch. It was a very exciting moment. This is something that Marcus validated himself.” He said the company was not able to identify “Patient Zero,” the first system infected, which would give researchers more information about who was behind the attack. Nevertheless, he said the worm was “poorly designed” — patched together and a “sum of different parts” with an unsophisticated payment system. Kryptos Logic is one of hundreds of companies working to combat online threats for companies, government agencies and individuals
around the world. Hutchins himself is part of a global community that constantly watches for attacks and works to thwart them, often sharing information on Twitter. It’s not uncommon for members to use aliases, to protect from retaliatory attacks and ensure privacy. Hutchins has long tweeted under the handle MalwareTech, which features a profile photo of a pouty-faced cat wearing enormous sunglasses. But he realises his newfound fame will mean an end to the anonymity. After all, now he’s a computer celebrity. He’s been in touch with the FBI, as well as British national cyber security officials. “I don’t think I’m ever going back to the MalwareTech that everyone knew,” said the curly-haired young man, shrugging and flashing a winning smile.
It is likely to be a big adjustment. Hutchins lives with his family in this seaside town, where he works out of his bedroom on a sophisticated computer setup with three enormous screens. He will soon become a local hero — but if you ask him, his life of celebrity will be short lived. “I felt like I should agree to one interview,” he said. But even that made the fameaverse Hutchins so nervous that he initially misspelled his last name, leaving out the letter “n’’ when doing a soundlevel for the cameras. His mother Janet, a nurse, couldn’t be prouder — and was happy to have the veil of anonymity lifted. “I wanted to scream, but I couldn’t,” she said. Many will be following his next moves though. CyberSecurity Ventures, which tracks the industry, estimates global spending on cybersecurity will
jump to $120 billion this year from just $3.5 billion in 2004. It forecasts expenditures will grow between 12 percent and 15 percent annually for the next five years. “While all other technology sectors are driven by reducing inefficiencies and increasing productivity, cybersecurity spending is driven by cybercrime,” the firm said in a February report. “The unprecedented cybercriminal activity we are witnessing is generating so much cyber spending, it’s become nearly impossible for analysts to keep track.” After more analysis, Hutchins, an avid surfer, plans to take a vacation — traveling to Las Vegas and California on the company dime. One guess on what he’ll be doing: Yes, surfing. On waves this time. Associated Press
• WAYMO, the selfdriving car company owned by Google’s parent Alphabet Inc., and Lyft Inc. are teaming up to road test autonomous cars in a potential challenge to Uber Technologies Inc. In its statement, Lyft said Waymo holds “today’s best self-driving technology.” The two plan to work together to bring autonomous vehicles into the mainstream with pilot projects and product development. Lyft is Uber’s biggest rival in the United States and the second-largest ride-hailing provider in the country. Waymo sued Uber in February alleging that Uber is using stolen self-driving technology to build its own fleet of autonomous cars. On Saturday, a federal judge gave a rare order alerting prosecutors to possible criminal misconduct by Uber. • FRANCE’S independent privacy watchdog fined Facebook on Tuesday for breaching French privacy laws by tracking and using the personal data of 33 million users, as well as non-users who browse the internet. The National Commission on Informatics and Liberties imposed sanctions of 150,000 euros ($166,000) on the social networking company for failing to comply with French data protection laws after a formal warning last year. The commission said in a statement that Facebook Inc. and Facebook Ireland carry out a “massive compilation of personal data” for targeted advertising “without a legal base.” It says users have no means of objecting. The watchdog has accused Facebook of collecting data about account holders’ “political or religious opinions,” ‘’sexual orientation” and other personal characteristics without informing them. In response to the announcement, Facebook said in a statement it has taken steps in recent years to address privacy concerns and “simplified our policies further to help people understand how we use information to make Facebook better.”
PAGE 10, Wednesday, May 17, 2017
A time to believe in our fellow Bahamians I
T’S the people’s time. Believe in Bahamians. Forward, upward, onward, together. According to the Parliamentary Registration Department, 87 per cent of registered voters - not all Bahamians eligible to vote exercised their right to vote. Following the general election, the Bahamian people are represented by 35 Free National Movement (FNM) and four Progressive Liberal Party (PLP) MPs. Few could have predicted the composition of our new government. Many celebrate it, seeing it as a victory not only for the FNM, but for the people who wanted, more than anything else, to vote the PLP out and unseat former Prime Minister Perry Christie. Some of us are concerned, recognising that the opposition is small and its strength unknown. Yes, our voices were heard and the FNM was rewarded with a landslide victory, whether earned or not. We now have a different party in control of Parliament, but that was the case in 2012 too. Our attention should be on the role we, as citizens, play in our own governance, and how we can - and must hold our representatives accountable. It would be remiss of us to ignore the obvious flaws in the government we now have. One of the most disappointing aspects of the
THE TRIBUNE
Culture Clash
By ALICIA WALLACE
FNM’s composition and campaign was the dearth of women candidates and this is now glaringly obvious given its overwhelming win. Is it possible to laugh at the absurdity of four seats going to the PLP while ignoring the fact that women hold the same number of seats on the FNM’s side? Glenys Hanna Martin brings the final count of women in the lower chamber to five. This is a slight decrease in representation from the 20122017 term. It’s rather troubling that the FNM claims to champion women’s rights but did not give attention to women’s representation on its slate. In appointing Cabinet Ministers, Prime Minister Dr Hubert Minnis gave no attention to this issue, appointing only one woman - Lanisha Rolle - and assigning her to the soft portfolio of Social Services and Urban Development. As a result, we are saddled with a government that does not come close to representing our population in terms of gender. Additionally, the FNM manifesto - like the PLP Charter and Democratic National Alliance’s Vision
- does not speak specifically to issues of gender, nor does it intentionally include gender in other sections like education, healthcare, or crime. This is a clear indication that the road ahead will be no easier for women and girls, or for the people who advocate for them. Issues like this are not yet being discussed, but we have no time to wait. Most will agree that this election and the aftermath feels markedly different from those before it. The nation is enjoying a deep sense of satisfaction. We disagreed on ways to move forward, but largely agreed that the PLP was not to be victorious. For many Bahamians, it felt necessary to bite the bullet and vote for the non-PLP party most likely to win, even if they would have liked to support a different candidate and/or party. This is the sacrifice of voting within the confines of our electoral system and its rules. While some wistfulness may remain, there is a general sense of ease and content across the country. We may not love our new leader, or think the manifesto is good enough, or
Full Military Funeral Service Retired Police Constable #6 CLIFFORD HENRY WOODS JR., 62 of Garden Hills #1, will be held on Friday, May 19th, 2017 at 11:00 a.m. at Foresight Baptist Church, Taylor Street, Nassau Village. Officiating will be “The Walking Bible” Rev. Dr. Charles Culmer, assisted by Pastor Rev. Carl and Father Stephen Davies. Interment will follow in Lakeview Memorial Gardens, John F. Kennedy Drive and Gladstone Road. Precious memories will always linger in the hearts of his loving wife: Evangelist Maggie Woods; children: Anthony, Brad, Valencia and Michelle Woods; grandchildren: Darlayah, Darjanique and Darrien Green, Myrah Lightbourn; sisters: Paula and Pastor Rev. Carl Pinder, Merle and Danny Seymour, Phyllis and Lester Mackey, Althea and Keithley Saunders, Lorraine and Wade Thompson; brother: Harris Woods; mother & father- in- law: John and Veronica Russell; sisters & brother-in-law: Lenda and Teddy Lewis, Mildred and Zendal Murray, Kathy and Godfery Rolle, Theresa and Marvin Johnson, Florence Russell, George and Mena Russell, Curtis Russell, Havie and Alfred Russell; aunts and uncles: Jim and Gloria Rolle, Lionel and Niece Rolle, Hilda Mae Rolle, Edison Rolle, Hasten Rolle, King Bethel, Shirley and Carl Seymour, Merniva Bethel, Gloria Lewis, Gwendolyn and Donald Dorsette, Ms. Roslyn Ferguson, Mr. Samuel Rolle, Mr. Livingston Parks, Mary and Mya Albury, Milly and Hevard Thomas, Aggie Curry, Corrine Rolle, Curl Lewis; nieces and nephews: Sadat, Carlis, Trevayne Pinder, Carlisa and Bennett Rolle, Panthera and Nico Mack, Kissier and Machello Clarke, Shantel, Danny and Danrico Seymour, Tamela, Indiana, Lester Jr., Tyiesha Mackey, Keneesha Liddie, Keithley Jr., Kendra, Kareel Saunders, Harris Jr., Harrison Wood, Lawayder, Laurel, Lakia, Laquay Thompson, Christina, Shenika, Zendal Murray Jr., Tedrieka Lewis, Leslie Edgecombe, Barry Lewis; numerous cousins: Eulean, Daphne, Christine, Latisha, George, Barry, Kevin and Jermaine Bethel, Suzanne, Bridgette, Kim, Patrice, Andy, Kirk, Paul Seymour, Karen, Charlene, Diane, Sonia, Jandy, Neville, Steve, Johnny Dorsette, Leander and Tyrone Lewis, Yvette, Jakia, Dwayne, Omar Ferguson, Hope, Nathaniel, Sammy, Germaine Rolle, Julien Woods, Sonya, Denzie, Thalinda, Patty, Zhyvette, Lance and Kimble Wood, Ava, Clifton, Portia Rolle, Theo, Gregory, Romeo, Naaman and Margo Rolle, Dawn, King, Vandra, Sparkle, Vince Rolle, Lakell, Natra, Mario, Haysalah and Quon Rolle, Tracy and Kate Rolle, Edmond, Jeffrey, Edney, Kevin and Janet Bethel; other relatives and friends including: Pastor Rev. Dr. Charles and Co-Pastor Prophetess Rev. Iris Culmer and Family, The Royal Bahamas Police Force. The Foresight Baptist Church Family, Madge Munroe and Family, Deaconess Renee Darling and Family, Rev. Karen Kelly and Family, Double D’s Family, The Straw The Straw Market Family, Harborside Resort Family, Cornish McPhee, Anita Darville, Deaconess Inez Swain and Family, Vernetta Ward and Family, Beverly Roberts and Family, Harriet Pinder and Family, The Eleuthera and Abaco Family and friends. Viewing will be held in the Foyer of The Paul H. Farquharson Conference Centre, Police Headquarters, East Street on Thursday (TODAY) at 12:00 p.m. until 6:00 p.m. and at the Church on Friday from 9:30 am until service time.
LANISHA ROLLE, Minister of Social Services and Urban Development, pictured alongside Governor General Dame Marguerite Pindling, is the only woman in the new Cabinet. Photos: Terrel W. Carey/Tribune Staff They say we should give it a elections is only one part of be happy with the gender split, or have any idea who rest. We should give Minnis democracy and citizenship. half the MPs are, or feel in- and the FNM some time. Whether we vote or not, we spired by the flip-flopping We should wait and see all have a voice - and many between two major parties, what they do. They say if ways to use it. but we voted the PLP out. the FNM doesn’t perform, If we believe we are the It feels good. It feels like we’ll vote them out in 2022 - government, or that we a win. It feels like we can quite a long wait. They want are (or can be) the opposius to be quiet, and let them tion, we have work to do. breathe again. What will happen when enjoy their win. They also If we are to move forward, the dump starts burning say we, the people, are the upward, onward, together, again? How will we respond opposition now. It remind- we must be able to find our if the murder rate continues ed me of a statement made shared vision, disagree reto rise? What will we do if my Out Da Box co-organis- spectfully and find ways to all the talk about anti-cor- er Dr Nicolette Bethel. action the goals we agree “I do not need to be a on. We are at a time in our ruption doesn’t move beyond conversation? What is candidate to be a part of the democracy where it is imthe acceptable grace period government. I already am perative that we not only the government. Democ- believe in ourselves, but in for new governments? I’ve been less than ecstat- racy is government of the each other. I challenge you ic about the results of the people by the people, and to do what it seems the PLP election. I’ve been indif- in our system it is effected could not, or did not. Beferent about the outcome by representation.” lieve in fellow Bahamians. We are the government, in terms of the party in Let us focus more on the leadership, convinced that and we have elected people things we have in common no one party is better than to represent us. The gov- and commit to active parthe others, hence my role in ernment includes the op- ticipation in governance. Out Da Box. I remain con- position. For this reason, We have, in one day, withcerned about our electoral I wonder if the Bahamian drawn consent from a party system and dedicated to people are now realising and its candidates because working toward the reform that we have a role to play we did not deem them worin our governance, and that thy. Know that we do not we desperately need. When I saw the results, we have not elected lead- have to wait five years to do my first thought was, “We ers, but representatives. the same if the representahave no opposition.” I re- Whatever the ratio of FNM tives we have today refuse called the last five years to PLP Members of Parlia- to hear our collective voice. and the lackluster perfor- ment, it is their job to repre- It is, indeed, the people’s mance of the FNM oppo- sent us, and to do that, they time. They said it and, now, sition twice the size of the need to hear our voices. we must own it. Less than 160,000 votes PLP opposition we now have. Other people noted were cast last week. Ap• Alicia Wallace is a and raised this issue, much proximately 24,000 regis- women’s rights activist and to the chagrin of indignant tered voters were disen- public educator. She provoters who thought it much franchised or chose not to duces The Culture RUSH too soon for anyone to dare vote, and thousands of peo- - a monthly newsletter fusple didn’t even register to ing pop culture, social jusoffer any critique. I’ve seen scores of Face- vote. Our system is flawed, tice and personal reflection book posts by dedicated and this has been proven - and tweets as @_ AliciaAFNMs and swing voters over the past six months. udrey. Contact her at culwho voted FNM, all send- Fortunately, exercising the turerush@aliciaawallace. ing a disturbing message. right to vote in free and fair com.
READERS REACT TO MINNIS WARNING PRIME Minister Dr Hubert Minnis’s warning of “immediate termination” for “unethical” behaviour from Cabinet ministers and permanent secretaries prompted a lively response from readers on tribune242. com. DDK said: “Let’s make it rock, Doc! We can do this!” DonAnthony wasn’t convinced: “I want to be hopeful but I have to see it to believe it. Einstein said that the definition of insanity is to do the same thing over and over and expect a different result. We prosecute almost no civil servant for stealing/ corruption even when in possession of the most damning evidence and then we wonder why our government and civil service has been riddled with dishonesty and corruption since independence. Even when in the rare instance someone is prosecuted and convicted they are given a slap on the wrist.” Sheeprunner12 wanted a new Fiscal Responsibility Act: “It is not enough for Minnis to say this (even at this important ceremony). Minnis needs to codify this policy and have it attached to a new Fiscal Responsibility Act for ministers and the public service. When I see that done, then I will be satisfied that Minnis is serious.”
Former Prime Minister Perry Christie’s resignation as PLP leader prompted Aberylm to say: “Blinded by greed and arrogance he failed to see the hand writing on the wall. Could have spared himself this undignified end.” TalRussell said: “Is the former PM Christie a caring and good man? Yes! It can’t be a positive legacy to be thumped from office . . . more so - when you take your entire colleagues and party down with you. The other former law partner’s ‘legacy’ didn’t turn out that much better.” But CatIslandBoy had this to say: “There is a great difference between Ingraham’s and Christie’s legacy. While they both led their party to defeat, and their subsequent resignation as leader, Ingraham was able to hold on to Parliament seat. Christie lost his. Also, Ingraham left office under no stench of corruption or financial malfeasance among his cabinet colleagues. I assume this is why many Bahamians rewarded some of them with
re-election. We can go on and list Ingraham’s accomplishments while in office. Christie’s will pale in comparison.” There was this from Jamani2: “We must know when to exit the stage and not become intoxicated with power. We must lead with integrity and hold our ministers accountable. On both scores Christie was a dismal failure.” Honestman said: “No tears for Christie, just tears for what might have been. The country has lost so much during these last five years. It may take a generation for us to recover. The next five years ain’t gonna be easy but I just hope that when we next go to the polls, Bahamians remember how bad things were under this administration and how close they were to driving us over the financial cliff.” Brilander hit out at both Fred Mitchell and Perry Christie: “Fred Mitchell’s nasty comments yesterday and Perry Christie’s selfpitying speech last night both make it very clear that neither of them has any understanding of why they lost, and neither of them has taken any lesson from the election result at all.” • Don’t miss your chance to join the debate on tribune242.com.
THE TRIBUNE
Wednesday, May 17, 2017, PAGE 11
Stay on Nygard order to return sand to beach until after appeal By LAMECH JOHNSON Tribune Staff Reporter ljohnson@tribunemedia.net A JUDGE has stayed an aspect of her ruling pending the outcome of Canadian fashion mogul Peter Nygard’s appeal of his conviction for contempt of court. In March, Justice Rhonda Bain found Nygard guilty of contempt and fined him $50,000 for breaching her order concerning illegal dredging near his property in Lyford Cay. The judge had said that if the fine was not paid by March 21, Nygard faced 14 days in prison. He was further ordered to remove the excavated sand from his property and return it to Jaws Beach by April 7 or face additional fines. Justice Bain also awarded legal costs to Save The Bays (STB), the local environmental group which has brought several judicial review cases against Nygard over offshore construction works allegedly carried out in the absence of necessary permits and approvals and which have resulted in the near doubling of the size of his property. According to one estimate of the 27 days in court, the costs could be near $1m. Though Nygard had paid the fine, he challenged the conviction to the Court of Appeal on the same day the ruling was handed down. However, he did not seek a stay concerning the order to return the excavated sand. In a 14-page judgment handed down on Thursday, May 11, the judge exercised her discretion to stay the
effect of that order pending the determination of Nygard’s appeal. In citing discretionary powers vested by Section 16(3) of the Supreme Court Act, the judge noted: “The court has to consider whether there is a risk of injustice to one or other parties if it grants a stay. “An order for stay of execution pending an appeal is only granted in exceptional circumstances. The grant of stay is in the discretion of the court after it has taken all the circumstances into consideration. The court is of the opinion that if the court grants the orders as prayed for in the notice of motion, the appeal would be nugatory. If the order prayed for in the notice of motion is granted, the sand would have been removed and the fifth respondent would have paid additional
costs of the independent quantity surveyor and the coastal engineer. “Taking all the factors into consideration, the court grants a stay of paragraph 131 of the ruling no.16 pending the determination of the appeal to the Court of Appeal. The court finds that even though it has the power to make orders as prayed under the notice of motion, it would be more appropriate, taking into consideration the circumstances of the case and the nature of the orders prayed for, to stay the proceedings pending the determination of the appeal,” her ruling concluded. In closing arguments on February 27 in the Supreme Court, STB’s lead lawyer Fred Smith, QC, told the court that clear evidence had been presented, in the form of photographs and
witness testimony, proving that for a period of nine days in December 2014, Nygard periodically dredged the sea bed at Simms Point/ Nygard Cay in explicit contravention of a court order. He claimed that Nygard has not denied that he was fully aware of the terms of the injunction and therefore knew he was breaching it by conducting such activities. Mr Smith argued that the dredging was clearly authorised by Nygard, as it was carried out on his property and, at times, under his supervision. In his closing arguments before the judge, Elliot Lockhart, QC, told the court that a permit to dredge the sea floor was granted to Nygard Holdings Ltd and not Peter Nygard in October 2014. Therefore, he argued, and in the absence of any definitive evidence to the contrary, the court should assume that the company, and not the individual, carried out the dredging complained of in STB’s application. Peter Nygard and Nygard Holdings Ltd, Mr Lockhart stressed, are separate entities. He added that no evidence had been adduced to prove that Nygard was personally responsible for the dredging that took place off the coast of his property. Mr Smith branded this an “absurd” argument which “defied logic” as it would allow any individual, prohibited by the court from undertaking certain activities, to simply carry them out under another name. In her 41-page ruling handed down on March 8, Justice Bain noted that “from the evidence, it was
Justice Charles also ordered Mr Fitzgerald to pay $150,000 in damages for the breach – a decision the former Marathon MP contended was made in error because he was “at all times acting in the public interest”. According to the notice of appeal motion, the appellants maintained that Mr Fitzgerald’s statements in Parliament were protected from legal liability by way of constitutional provision, parliamentary privilege, and also legislatively under the Powers and Privileges Act. Insisting that Mr Fitzgerald’s statements – whether inside or outside Parliament – did not infringe constitutional rights, the notice said that any potential legal liability would be a matter of private law. However, neither Mr Fitzgerald nor Mrs Maynard-Gibson hold their former substantive posts.
Carl Bethel, QC, is the new attorney general, having been sworn in to the post on Friday. In yesterday’s expected substantive appeal proceedings in the Court of Appeal, Crown counsel Loren Klein asked Justices Dame Anita Allen, Jon Isaacs and Stella Crane-Scott for a 30-day adjournment to allow Mr Bethel to be briefed on the conduct of the proceedings thus far and for instructions to be taken. He recommended that the adjourned date be fixed for a status hearing. Fred Smith, QC, had no objection to the request for the adjournment, but noted that there were significantly less appearances for the appellants than there were on previous occasions. He also questioned whether the appearances would be for the state or for the individual appellants. Mr Klein said that all of the previous counsel who
appeared had appeared for the Crown appellants. Wayne Munroe, QC, who was also present yesterday, said his presence there was concerning the interests of the speaker of the House of Assembly in which the issue of parliamentary privilege arose. Mr Klein added that Mr Smith’s concern was a legitimate issue hence the need to adjourn the matter and seek instructions from the new attorney general on the way forward. All parties agreed to June 26 for a status hearing. In March 2016, Mr Fitzgerald accused STB of being a political organisation seeking to “overthrow” the Progressive Liberal Party government under the guise of an environmental group. In the House of Assembly, Mr Fitzgerald read private emails from STB members and others, which he said bolstered his claims.
PETER Nygard at the Supreme Court previously. Photo: Shawn Hanna/Tribune Staff
beyond a reasonable doubt that the fifth respondent (Nygard) instructed Melissa Hall to apply for a permit. “That after the permit was granted and revised the fifth respondent allowed the dredging to take place. The fifth respondent was photographed observing the dredging taking place. The fifth respondent was heard berating one of the workers,” the judge noted. “The court holds that the fifth respondent authorised the December 2014 dredging. The injunction covered the dredging that took place. The fact that a permit to conduct dredging was granted to the fifth respondent in his name or in the name of Melissa Hall & Co or in Nygard Holdings Ltd is irrelevant as the injunction prohibited any dredging of the sea bed located south of Simms Point/ Nygard Cay by the fifth respondent either directly or through his employees and agents. “The applicants have proved that dredging of the sea bed on the sea bed located south of Simms Point/ Nygard Cay did in fact take place,” the judge added. Justice Bain noted that Nygard “gave no evidence on his own behalf and called one witness, Mrs Melissa Hall, who was instructed to and who did in fact apply for and painted a permit to dredge the property of Nygard Cay.” “Mrs Hall admitted that she did not receive the instructions from the fifth respondent directly but that she received her instructions from Eric Gibson, the property manager of the fifth respondent,” the judge said, stressing that this fact
was undisputed by counsel. The judge noted that notwithstanding the June 2013 injunction, Nygard instructed Mrs Hall to apply for the permit. “Melissa Hall, in her evidence, stated that she was not aware of the injunction when she applied for a permit. Mrs Hall stated that as she was applying for a permit for the first time, she met with Mr Michael Major (director of the Department of Physical Planning) for assistance in preparing the application. Notwithstanding this, when the permit was granted October 9, 2014, Melissa Hall on October 23, 2014 made an application to dispose of the excavated material on the existing beach at Nygard Cay which was contrary to condition (j) of the permit granted,” the judge said. “In response to Mr Major’s email response, Melissa Hall wrote a scathing letter to Mr Michael Major alleging bias in dealing with her client and threatening to appeal to the minister or make an application for judicial review.” The judge observed that Mr Major “varied the permit and waived condition (j) and advised that the disposal of the excavated material was allowed on the area designated as accretion - on the plan (2) on the plan.” “Further Michael Major advised that the material is to be stockpiled only and not applied to any beach on your client’s property.” It was with these facts in mind that Justice Bain found Nygard “guilty of contempt of court in his breach of the injunction filed June 14, 2013.”
Speaking outside Parliament, Mr Fitzgerald later warned members of the environmental group to “batten down” because a “category five” hurricane was on its way, as he threatened to table “every single” email and bank statement in his possession if needed to protect his integrity and parliamentary privilege. Additionally, then Foreign Affairs Minister Fred Mitchell claimed in Parliament in March 2016 that some $8.25m has been filtered through various organisations connected with STB – locally and internationally - from 2013 to 2015. Coalition to Protect Clifton Bay (Save the Bays) and Zachary Bacon, the brother of hedge fund billionaire Louis Bacon, a resident of Lyford Cay, brought action against Mr Fitzgerald, Mr Mitchell and the attorney general. However, Justice Charles found that there was no
case against Mr Mitchell concerning breach of the group’s constitutional rights. In her August 2 ruling, Justice Charles permanently banned Mr Fitzgerald from disclosure and publication of any further material belonging to STB, and ordered him to delete all electronic and hard copy material within 14 days. In the appeal notice, Mr Fitzgerald argues that Justice Charles was wrong to order an injunction over the matter because the existence of electronic records was never established, and the hard copies tabled in the House of Assembly were not within the custody or control of the Marathon MP, but in the safekeeping of then House Speaker Dr Kendal Major. The notice asks that the respondents, Coalition to Protect Clifton and Zachary Bacon, be made to pay the costs for the appeal.
FITZGERALD APPEAL ON PRIVILEGE DELAYED SIX WEEKS By LAMECH JOHNSON Tribune Staff Reporter ljohnson@tribunemedia.net
THE substantive hearing of Jerome Fitzgerald’s appeal against a Supreme Court judge’s landmark ruling on parliamentary privilege has been adjourned by six weeks for the new attorney general to be briefed and to determine the way forward with the Crown’s appeal. Mr Fitzgerald, then education minister, and then Attorney General Allyson Maynard-Gibson, QC, had filed an appeal last September seeking to establish that Justice Indra Charles was “wrong,” and “erred in fact and in law” when she ruled that he infringed constitutional rights when he tabled the private emails of environmental action group Save The Bays in Parliament, and therefore could not be protected by parliamentary privilege.
PAGE 12, Wednesday, May 17, 2017
THE TRIBUNE
Trump nominates Bahamas ambassador from page one Embassy yesterday. The statement read: “Mr Manchester is a leading industrialist with accomplishments on a national and international scale in telecommunications, radio broadcast, medical instrumentation, publishing, and real estate development. “Since 1970, he has been chairman of Manchester Financial Group, which has multiple divisions including Manchester Grand Resorts and M Commercial Properties. He leads the Manchester Charitable Foundation and currently serves on the Board of Trustees of The Sanford Burnham Medical Research Institute. “Mr Manchester earned a BS from San Diego State University,” it added. On the campaign trail in San Diego last year, Mr Manchester told Trump supporters at a rally in May that the thenpresidential candidate was “the smartest man I know”. He went on to tell the crowd that they had the chance to elect a capitalist to the White House. In 2008, Mr Manchester donated $125,000 to support a ballot initiative, known as Proposition 8,
blocking same-sex marriage in California, according to The New York Times. The newspaper reported that the hotelier “donated the money to support the collection of signatures to qualify the initiative, which would amend the state’s Constitution to prohibit same-sex marriage” for a vote later in 2008. In 2015, the US Supreme Court ruled that same-sex marriage was legal nationwide. Back in 2014, Brent Symonette, former minister of immigration foreign affairs in the Ingraham administration, told The Tribune that the confirmation delay of a US ambassador was indicative of “issues with President Barack Obama’s internal politics” and not symptomatic of a strained relationship between the Bahamas and the US. Mr Symonette, the newly elected St Anne’s MP, was sworn-in as minister of financial services, trade and industry and immigration on Monday. Speaking at a Rotary Club meeting in February, Mr Symonette suggested that a nomination was on the horizon, adding that there were rumours the appointee had already started house hunting in New Providence.
DOUG Manchester with his wife, Geniya, and their children.
Photo: www.papadougmanchester.com
POLICE BEATING VICTIM WINS PRIVY COUNCIL DAMAGES APPEAL AND EXTRA $1,940 By LAMECH JOHNSON Tribune Staff Reporter ljohnson@tribunemedia.net
THE country’s highest court has allowed the appeal by a man who became a paraplegic as a result of a beating by police officers in Freeport, Grand Bahama, to determine the amount of damages to which he is entitled. Shorn Scott had been granted conditional leave to appeal to the Judicial Committee of the Privy Council a ruling by the Court of Appeal with respect to the amount awarded to him for the incident, originally set at more than $880,000 in 2013. In a 15-page judgment published on the JCPC website yesterday, it was noted that: “In the written submissions for the Court of Appeal, reference had been made to the submission made to the assistant registrar that an adjustment was necessary to reflect the ‘relatively higher cost of living and the higher level of expectation in The Bahamas.’ In those submissions it was argued that an annual increase of five per cent was appropriate so that, even applying the 2010 guidelines, the award for general damages should have been $470,819.25. “It was submitted that the failure of the Court of Appeal to apply an uplift went
counter to an established line of authority. It was also claimed that the court ought to have addressed and resolved the conflict between the Acari and Grant cases. It was claimed that an uplift on the English guidelines should be applied as a matter of principle. “...The appellant also argued that the Court of Appeal’s findings that there was no loss of sexual sensation and that the loss of bowel and bladder function were part and parcel of the paraplegia were unsustainable in light of the uncontroverted evidence given by the appellant and on his behalf. “Finally, it was submitted on behalf of the appellant that, in its assessment of the sum to be awarded in respect of the head injury which he sustained, the Court of Appeal fell into obvious error in suggesting that there had been no evidence that he suffered from dizziness or pain in his ear. Evidence had been given that both these complaints continued. That evidence had not been challenged or controverted.” The court also noted: “Before the Court of Appeal, counsel for the appellant presented an ambitious argument that, because one can lose one’s bladder and bowel function without losing control of one’s legs, or lose control of one’s legs
without losing control of bowel and bladder function, the loss of control of these functions had to be treated separately. This argument neglects to address the undisputed scientific and medical fact that paraplegia can cause loss of function to both the lower limbs and the internal organs below the line where damage to the spinal cord occurs. The assistant registrar and the Court of Appeal were entirely right to reject the argument. “They were likewise right in rejecting the argument about impairment of sexual function. The appellant’s claim that he had no sensation whatever in his genitals was not only not supported by medical evidence, it was plainly unsustainable for the reasons that both courts gave. The appellant had fathered three children after the incident in which he had suffered injury. As the Court of Appeal observed in para 21 of its judgment, this was wholly inconsistent with a complete loss of sensation in the genital area. “Although the Court of Appeal increased the amount of compensation ordered by the assistant registrar because of her failure to make a separate award for the sequelae of the appellant’s head injury, at para 40 of her judgment Allen P said that there was no evidence that he had suf-
fered dizziness or pain in his ear as a result of having been struck on the head by a baton. “In fact, the appellant had given evidence that he continued to suffer from transient vertigo when he sat up in the morning or when he rose during the night. He also claimed that he suffered pain in his left ear on a continuous basis. He was not challenged on either claim. And on the hearing before the board, the respondent did not contend that the appellant was not entitled to be compensated for these continuing consequences of his injuries.” “The board has concluded, therefore, that the compensation which the appellant is entitled to receive ought to be increased to take account of these aspects of his injury. Having regard to the JSB guidelines, the board considers that the appropriate amount to compensate for these continuing symptoms is £1,500 which converts at current rates to B$1,940 in round figures.” “The board will humbly advise Her Majesty that the appellant’s appeal should be allowed to the extent of increasing the amount of compensation to be recovered by him by B$1,940 but that it should otherwise be dismissed. The parties are invited to make written submissions on costs within 21
days of the delivery of this judgment.” Mr Scott had filed a civil suit against the Attorney General and Commissioner of Police in 2002. In January 2010, Justice Gray Evans ruled liability in favour of Mr Scott for the injuries he received in a police beating. He listed those injuries as paraplegia, a hematoma, laceration to the head, abrasion to an elbow and injury to lower back. Justice Evans had ordered that his damages as a result of the incident be assessed, which was done at a hearing in September 2013. Before the hearing, Mr Scott made additional claims to damages, including headaches and loss of bowel and bladder functions. In 2013, Assistant Registrar Eurika Charlton awarded Scott $886,089 in total damages, which included $257,000 for pain, suffering, and loss of amenities. However, Ms Charlton then subtracted five per cent of the total award, which she said had represented “disability benefits” previously received by Mr Scott. He contested this amount awarded for general damages on the basis that the allocation was “inordinately low,” arguing that the Assistant Registrar did not consider his additional claims to be a part of the head injury and paraplegia he suffered as a
result of the beating. He further contended that the assistant registrar should not have deducted the five per cent from his total award. The appellate court handed down its decision on March 2, 2015 which was published online. Justices Dame Anita Allen, Stanley John and Abdulai Conteh, the presiding judges of the appeal, substituted the original awarded sum of $257,000 with $325,000 for general damages. The court further awarded Mr Scott costs of the legal battle in both the Supreme Court and the appellate court. However, that decision was subsequently challenged as the principal argument advanced on behalf of the appellant was that the Court of Appeal had failed to address the argument that an uplift should have been allowed on the figure suggested by the English JSB guidelines for general damages. Dawson Malone argued Mr Scott’s appeal that was presided over by Lords Mance, Kerr, Sumption, Reed and Hughes during a special Privy Council sitting in February in Nassau. Peter Knox QC, David Higgins, assistant director of legal affairs and Anastacia Hepburn appeared for the respondents.
5,000 MILES SEARCHED IN HUNT FOR MISSING FLORIDA WOMAN By DENISE MAYCOCK Tribune Freeport Reporter dmaycock@tribunemedia.net
US Coast Guard officials have covered over 5,000 square miles searching for a Florida woman presumed to have fallen overboard from a private catamaran in waters near Cay Sal in the northern Bahamas. Isabella Hellman, 41, and her husband, Lewis Bennett, had left Cuba around 5.30pm on Sunday onboard their 37ft catamaran, ‘Surf into Summer’. The vacationing couple was heading back home to South Florida when their vessel reportedly struck an unknown object and started taking on water around 1am on Monday. Mr Bennett, who was rescued a short time later from a life raft, told rescuers he left his Realtor wife at the helm while he went to retire below deck around 8pm. US Coast Guard press liaison officer Jonathan Lally told The Tribune that the
incident happened 30 miles west of Cay Sal, in the Florida Straits. He reported that rescue crews have covered 5,260 square miles in their search for Mrs Hellman, a newly married wife and mother of a 9-month-old infant, who is still missing at sea. Asked whether she might have been able to swim and find refuge on a nearby cay, Mr Lally said they are not sure. “We don’t know if there are any cays she can swim to, and we don’t know at what point she may have fallen off the vessel,” he said. According to Mr Lally, the Coast Guard was initially alerted to the incident from an emergency position indicating radio beacon (EPIRB) around 1.30am Monday. “The EPIRB sent out 406mhz signal, and we also got personal location beacon (POB) as well. Our watch centre in the 7th Coast Guard District Com-
mand Centre in Miami also received a call from international emergency response coordination centre saying they talked to Lewis Bennett, the owner of the 37ft catamaran ‘Surf into Summer’,” he said. “They got notification from him that he struck some unknown object and his vessel was taking on water, and that he was getting ready to abandon ship.” The Coast Guard dispatched a Dolphin aircraft which spotted the life raft and a helicopter was called in to rescue Mr Bennett. “He informed us that they left Havana at 5.30pm on Sunday evening and he went down below 8pm on Sunday and his wife Isabella Hellman was at the helm at the time when he went down below. “And that was the last he saw of her. He woke up to the vessel striking some unknown object and noticed it was taking on water at a rapid rate. He came topside and did not see his wife and
got into the life raft.” Mr Lally said the catamaran sank. Although Mrs Hellman has been missing for two days at sea, he said that one factor they can never account for is someone’s will to live. “Every search and rescue is different. There are a variety of factors that we take into consideration when we search for someone and every case is different. We account for the weather, current, and sea state, but one factor we can never account for is someone’s will to live. “When we go out it is always our hope when we are searching for someone we find them alive and bring them safely back to their families,” said Mr Lally, who paused for a brief moment. “ . . . If there is hope we will be out there searching,” he said. Cay Sal lies about 100 miles southeast of Key West, Florida.
MAN FOUND HANGED WAS FILIPINO SHIPYARD WORKER By DENISE MAYCOCK Tribune Freeport Reporter dmaycock@tribunemedia.net THE man who was found hanged in a tree in the Lucaya area was George Hernandez, a 39-year-old Filipino expatriate worker at the Grand Bahama Shipyard. Although police are awaiting the results of an autopsy to determine the cause of death, it is believed that Hernandez may have taken his own life. The worker, who is believed to have owed a large debt, was reported missing last week after he did not show up for work, and his disappearance was report-
ed to police. Hernandez had been employed at the shipyard for more than five years. His death has shocked many of his Filipino colleagues. He has a wife and children back home in the Philippines. According to police, a man was discovered hanged from a tree on Fortune Bay Drive shortly after 9am on Monday. He was pronounced dead at the scene by a doctor. The Tribune contacted the Grand Bahama Shipyard on Tuesday, but was told that officials there are unable to comment. Inspector Terecita Pinder said police do not suspect foul play.