The Tribune

By RASHAD ROLLE

Tribune Staff Reporter

rrolle@tribunemedia.net

ACTING Prime Minister Philip “Brave” Davis is not concerned about threats to pursue legal action against the government over its failure to provide public funds to proponents of the constitutional referendum’s vote “no” campaign.

Mr Davis’ comments came amid National Security Minister Dr Bernard Nottage’s repeated failure to address the matter, although he told The Tribune last week that as minister with responsibility for referendums he would address all aspects of the upcoming vote.

Yesterday Mr Davis said the government is still considering whether it should give public funds to the vote “no” campaign, adding that he is not concerned that the government may make a decision on the matter soon.

“I’m not concerned. Why should I be?” he said. “If anyone believes they’re aggrieved and the matter is justiciable, that’s what the courts are for.”

Sean McWeeney, the chairman of the Constitutional Commission, has said the government should provide equal access to public funds to both the “yes” and “no” campaigns.

Mr Davis, however, said while Mr McWeeney’s views on this would be considered, so will the views of others.

“My own personal legal position I have but won’t share it,” he said.

Meanwhile, former State Minister for Legal Affairs Damian Gomez spoke about the difficult decision that must be made, saying that while the government would not wish to arm those promoting “discriminatory” views with public funds, there may be legal justification for doing so.

“(The) vote ‘no’ campaign can go to court and get an order,” Mr Gomez said. “I’m a bit offended that people would want to use government funds to promote discrimination.”

“There’s some authority in Canada, but Canada has a different constitutional set up so it’s difficult to argue by way of analogy but it is possible that the court (here) would accede to such an application (ruling that the government should give funds to the vote ‘no’ campaign). The only way we will know is if it is tested.”

People urging Bahamians to vote “no” to the referendum have been dithering over whether to pursue legal action.

The Save Our Bahamas campaign was expected to meet yesterday to consider the matter.

And although Paul Moss, legal representative for Citizens for Justice, told The Tribune over the weekend that the group would sue the government over the matter, he said Tuesday that on instructions from Bishop Walter Hanchell, head of CFJ, the group would leave the matter in “God’s hands.”