The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

THE lawyer representing Keod Smith in contempt proceedings asked a Supreme Court judge yesterday to consider the written arguments and authorities submitted when determining whether the attorney should be committed to prison for scandalous accusations of bias.

The accusations were made against the judge through a series of affidavits Smith created in support of a recusal application from an ongoing judicial review to which he is a party.

Smith and Elliot Lockhart, QC, appeared before Justice Rhonda Bain for responding submissions to be heard on why the former member of Parliament and his then lawyer, Derek Ryan, should not be committed to prison concerning a series of affidavits filed by Smith in January, 2014.

As has been the case at prior hearings, only Smith was present in court by the time the matter was called. Ryan was absent, as he was when the matter began on March 1.

Support

Mr Lockhart, who was absent on March 6 due to the death of his mother, laid over written submissions in support of his clients’ defence against committal.

“We rely on the closing submissions which have been laid over dated March 5. In reply to submissions of Mr Klein, we have nothing to add to that,” Mr Lockhart said.

When asked by Justice Bain if he did not wish to walk the court through the documents, Mr Lockhart said: “I will ask you to consider them as read.”

Justice Bain has reserved her ruling on the matter.

On March 1, Crown attorneys Loren Klein, Darcell Smith-Williamson and Hyacinth Smith appeared in amicus as a neutral party to the proceedings.

Mr Klein offered the court a number of authority cases for consideration, including that of the Court of Appeal decision of Maurice Glinton, QC, who was, in October, 2015, fined $15,000 for his words and actions during an extradition appeal that he contended were not contemptuous.

After the submissions on the law concerning contempt/committal proceedings, Mr Lockhart called Smith to produce his defence as had been ordered by the court.

Smith took the stand and offered an apology and explanation to Justice Bain that he never intended to impugn the professional reputation of the judge through the series of affidavits.

He also absolved Ryan of having any involvement in the preparation of the affidavits.

In January, 2014, Smith filed a series of affidavits claiming that Justice Bain should recuse herself from a judicial review proceeding as she had allegedly made a series of decisions based on her affiliation with the Free National Movement.

Ten months later he attempted to withdraw the applications for the recusal of Justice Bain.

Advisor

He alleged the judge once worked under former Prime Minister Hubert Ingraham, that she was appointed to a high-ranking position in the Attorney General’s Office because of her ties to the FNM and that her two sons were fathered by a person he claimed is a close friend and advisor to Mr Ingraham.

Smith, a former Progressive Liberal Party MP, claimed that Justice Bain had made several rulings in favour of attorney Fred Smith, QC, who in the past had been affiliated with the FNM, and “can only be explained as coming about as a result of her bias”.

Mr Lockhart claimed in December that the contents of the documents were not contemptuous and were either a matter of public record or could be proven if his clients were given adequate opportunity to do so.

He also said that Ryan should be absolved from the proceedings because although his law firm’s name appeared on the affidavits, they had been created and filed by Keod Smith.

The current committal proceedings stem from a judicial review application filed by the Save The Bays - formerly the Coalition to Protect Clifton Bay - which is challenging an application by Peter Nygard to further develop his Mayan-themed development in Lyford Cay and gain a lease for Crown land reclaimed from the sea without official approval.

The coalition claims that over the last 30 years, Nygard Cay has nearly doubled in size as a result of construction works undertaken without the appropriate permits and in a manner that had caused significant damage to the surrounding environment of Clifton Bay.

Fred Smith, QC, Romauld Ferreira, Dawson Malone and Crispin Hall appeared for STB yesterday.

Crown attorneys Loren Klein, Darcell Smith-Williamson and Hyacinth Smith re-appeared yesterday in amicus as a neutral party to the proceedings.

Gia Moxey appeared with Mr Lockhart.