Jean Rony Jean-Charles is embraced outside court.
By AVA TURNQUEST
Tribune Chief Reporter
aturnquest@tribunemedia.net
ATTORNEY General Carl Bethel yesterday stressed the case of Bahamas-born Jean Rony Jean-Charles has placed the government in a position uncovered by law or the Constitution, and urged the country to exercise restraint and let the law take its course following Mr Jean-Charles’ release from custody yesterday.
Mr Bethel insisted the government did not have an “axe to grind” against any individual, and intended to act in a humane manner to correct any “gaps” in law that may be illuminated by the government’s appeal against a court ruling on the matter.
He said the major issues surrounding the lawfulness of Mr Jean-Charles’ arrest, detention and deportation have yet to be determined, adding the outcome of the government’s appeal will have significant legal ramifications on the fate of people born in The Bahamas to foreign parents who have failed to apply for citizenship as prescribed by the Constitution.
Mr Jean Charles did not apply for citizenship when he was between the age of 18 and 19, and was deported at age 34 after being held at the Carmichael Road Detention Centre for some three months.
“This (Supreme) Court has already made its ruling,” Mr Bethel said following a hearing yesterday. “We are appealing against that so the issues that excite people’s minds have yet to be determined by the highest court in The Bahamas. I also say that pending that, people should just allow the law to take its course look at the facts of the situation: Mr Jean-Charles is 35 years old, our Constitution only provides an entitlement or right for persons who are born here when they reach 18 and between the ages of 18 and 19.
“We are in a position that is uncovered by the Constitution or the law of The Bahamas and so the decision in this matter will have ramifications. It will be an important decision by the court and it will also more importantly guide the legislature in terms of any changes that may be needed to clarify the law of what happens with persons who remain in The Bahamas after their constitutional entitlement ends without having made an application pursuant to the Constitution.”
Mr Bethel added: “I call on every Bahamian and every citizen in our country to exercise restraint as we go through this process. It will be emotional in some ways, it may be tense in a lot of other ways, but let us respect each other and work towards creating a better civility in our society.”
Last week Tuesday, Supreme Court Justice Gregory Hilton ordered the government to “immediately” issue a travel document for Mr Jean-Charles to allow him to return from Haiti to the Bahamas at the government’s expense and to grant him legal status no later than 60 days after his return, and upon him making an application.
The Passport Office issued an emergency travel document valid for one year for Mr Jean-Charles on January 31, the following day.
The governed filed its appeal on Friday, February 2, and also asked Justice Hilton for a stay of his order until the appeal had been completed.
Justice Hilton ordered an emergency stay on Saturday, which was requested by Mr Bethel after he was advised by Mr Jean-Charles’ lawyer Fred Smith of his client’s “imminent return” to the Bahamas.
The ex-parte order, granted while Mr Jean-Charles was mid-air, stated “all further proceedings and the judgment in this action…be stayed pending the hearing and outcome of the application of a stay made by respondents and set down for a hearing on Monday.”
Mr Jean-Charles was arrested by immigration officers shortly after he landed in Nassau on Saturday, and detained at the CRDC.
In court yesterday, Justice Hilton adjourned the stay application hearing to Thursday at 10am and granted Mr Jean-Charles’ release after legal counsel agreed to a compromise.
The compromise arose after respondents submitted supplemental affidavits in support of their stay application, which Mr Jean Charles’ counsel had not been given a chance to review.
Loren Klein, QC, who appeared on behalf of the Crown suggested the government would agree to Mr Jean-Charles’ release with an undertaking that he would not be deported, but initially requested reporting requirements.
However, Mr Jean-Charles’ lawyer Fred Smith strongly objected to the conditions of reporting requirements, stating his client is a free man who does not fear due process.
Mr Smith said: “If respondents wish to take an opportunity to ask for an adjournment (to) seek to introduce new papers, I have no objection to that as long as there is no reporting requirement and Mr Jean-Charles is not deported.
“This is not a bail application,” Mr Smith said. “The invisible leash is perverse. He is fighting to stay in his birth home, the absurdity of a reporting condition is highlighted by those facts.
“There is no law in the Bahamas which requires anybody to produce any form of status. (Reporting requirement) it is to create a prejudice that doesn’t exist in law and we object to it.”
Mr Bethel, Minister of State for Legal Affairs Elsworth Johnson, and Deputy Director of Public Prosecutions Kayla Green-Smith sat in the gallery during the hearing.
Mr Klein, Gary Francis, and Franklyn Williams represented the government, and Mr Jean Charles was represented by Mr Smith and Damian Gomez, QC, and junior partner Dawson Malone.
Mr Bethel explained the government’s counsel fully expected Mr Jean-Charles’ release.
“We felt that would be a major issue,” he said, “and that all things being determined, the fact is the question of his detention, the question of his removal from the Bahamas are presently before the Court of Appeal, and we don’t feel the need to try and re-litigate that issue here on an application for a stay.
“Mr Smith made his move and brought him in in time, how that was achieved will be dealt with in these proceedings but that’s later.”
Speaking outside the court following his client’s release, Mr Smith said: “Jean Rony is a free man today without issue, that shows a great measure of responsibility on the part of the government. I hope they address these situations in that fair way in the future. These immigration issues are very sensitive and everything that the Grand Bahama Human Rights Association promotes is to try and deal with them in a humane manner and respecting everybody. Doing it with brute force, it dehumanises our entire society so it’s very important to deal with it as responsibly as the attorney general and the respondents dealt with it today, and I am very grateful to them for that.”
He added: “Today he is free at last without issue.”
Joseph Darville, vice president of the Grand Bahama Human Rights Association (GBHRA), added: “What has happened today particularly with the attorney general in the court house means that there is still hope for us to recognise and value human life. I think the arguments put forth both by our attorney and by the Attorney General’s Office means that we could have a mutual consideration when to comes to dealing with human life.”
Comments
Sickened 6 years, 10 months ago
We need a Blue Card (similar to the Green Card in the US) where people like this guy can apply and reside in our country legally. However, if they at some point choose to spend most of their time in another country or if they commit certain crimes then they loose their Blue Card. These illegal immigrants don't need to get an automatic right to vote. They can stay but only if they contribute to our country.
ThisIsOurs 6 years, 10 months ago
I support your idea.
CumQuat 6 years, 10 months ago
...what yall need to do is to return to the Crown.
John 6 years, 10 months ago
The problem has been allowed to fester for too long where there are too many persons in the country with no clear immigration status. The law must now be set clearly what persons like Rony must do when he reaches the age of 18 or whatever, in order to be regularised and be allowed to remain in the country. The law must also clearly set out what will happen to persons who do not follow protocol and apply for status and for those who do not qualify. Immigration is not a new problem it’s just keep presenting different problems.
DDK 6 years, 10 months ago
"The law must now be set clearly what persons like Rony must do when he reaches the age of 18 or whatever, in order to be regularised and be allowed to remain in the country." With respect, I thought this item was clear in our Constitution. In any event, automatic granting of citizenship to persons born to non-citizens in The Bahamas should not even be entertained and that part of the Constitution should certainly be changed accordingly, quickly. If this requires a referendum, carefully and clearly worded, BRING IT!
My2centz 6 years, 10 months ago
It's great that he acknowledged this..now they need to fix it in one direction or another. Sitting on the fence having Bahamians think one thing, and continually reenforcing something else to the Haitian community is intentional and shady. It's not a good look for any governement.
TalRussell 6 years, 10 months ago
Ma Comrades, might I remind you we as a people are all new at this Constitution game when prior to 1973 there was no such a thing as legally Bahamalander Citizenship. Regardless of whether native-born or naturalized - all citizens were British subjects.Then the Queen said, she no longer wished us travel on English passports and would not be welcomed come live in Mother country of England... but she still wished reign over us as one Her Majesty's colonies. Maybe blame the Queen and not the Haitians for our fuc#ups. {The Queen is no made up fictional Head State}.
birdiestrachan 6 years, 10 months ago
I do not believe he should be deported. but to give him a million dollars, as suggested will open the flood gates of hell, He did not have the proper documents, so it is dead wrong to blame Immigration officers. a Resident of the Bahamas should be enough.
The thousands the Outspoken QC mentioned and hopes to obtain millions for will bankrupt The Bahamas. Remember this is the Same Fred who speaks of a Haitian political party in the Bahamas and Fred has yet to say something good about the Bahamas.
While the FNM Government is giving out millions . They should save millions some for persons by the dump fire. Fred loves to boast of the undisclosed amount he gave to the FNM Party They are now the Government.
OldFort2012 6 years, 10 months ago
I must say that I have never come across this kind of "time restricted right" in any other Constitution. The Constitution is there to provide rights. Providing a right between the ages of 18 and 19 is...just odd, when you think about it. But this is an odd country.
TalRussell 6 years, 10 months ago
Ma Comrade OldFort12, read it again and no where does it say that at age 20, or older, that you suddenly become ineligible citizenship. It is more what a constitution doesn't say than it says that becomes the law land. Constitutions are mere words waiting to be challenged before the courts.
Comrade Jean Rony is no enemy to the constitution but affords a new nation's people to get serious about taking control over how citizenship is granted and unfairly not granted.
My2centz 6 years, 10 months ago
Because it was really meant for legal immigrants. This would allow adults, not minors, to decide on their citizenship and renounce their other passport. It's the same for dual citizens. You can be a dual citizen as a minor, but you're supposed to rescind on or the other within the same window (I believe).
licks2 6 years, 10 months ago
Perhaps. . .but most just have it where you are automatic at birth period and or you are not automatic at birth. . .period! And to prevent anchor babies. . .children born to illegals in the USA cannot apply for their parents until they reach 21!
BahamaPundit 6 years, 10 months ago
Children of illegal imigrants should NEVER be granted Bahamian Citizenship and a right to vote. NEVER. This will (and currently is) only lead to chain migration and a silent invasion of the Bahamas with Haitians eventually ruling the Bahamas by way of having a majority. The most children of illegal immigrants should (maybe) receive is permanent residency with the right to work but without the right to vote.
TalRussell 6 years, 10 months ago
Ma Comrade BahamaPundit, the 'chain migration' vocabulary chosen by you is not by accident.
Who would've thought we'd adopt using the very same kinds talk that anti-immigrant organizations like the white supremacists have been using to get and keep Trump in White House. You can do better and if not - I'd suggest you study up on what it really was that forced Pindling's prime ministerial hand to call for an Independent Bahamaland? The young among us and some older does also needs do some reading as well.
"The Man's" had good reason move and move fast toward Independence - once the colonists started organizing their armed forces, and armed they were.
clawdad 6 years, 10 months ago
bahamapundit man the invasion don over.the Haitians don take over.dey even didn't have to fire a shoot
sheeprunner12 6 years, 10 months ago
Where is this man's parents and siblings now????????
How many baby mamas and children does he have????????
What will come of the third generation of Jean Ronys?????
The Bahamas Government better do not let Fred Smith and the Privy Council play games with us like the Death Penalty situation ........ We need to ACT on our Constitution.
licks2 6 years, 10 months ago
MR. SMITH will never "REMOTELY" go to nor do anything that will cause this case to head towards the PC. . . IT WILL NEVER SUPPORT MR. SMITH OR THAT JUDGE. . .remember the article that prevent Mr. Smith's case was sanctioned by the PC. . .PC just interpret the constitutionality of laws or decisions made by the courts!!
BahamaPundit 6 years, 10 months ago
TalRussel. Would you deny that Haitians are using chain migration in the Bahamas? Chain migration is defined as:
Chain migration is a term used by demographers since the 1960s[1] to refer to the social process by which migrants from a particular town follow others from that town to a particular destination city or neighborhood. The destination may be in another country or in a new, usually urban, location within the same country.
Chain migration can be defined as a “movement in which prospective migrants learn of opportunities, are provided with transportation, and have initial accommodation and employment arranged by means of primary social relationships with previous migrants.”[1] Or, more simply put: "The dynamic underlying 'chain migration' is so simple that it sounds like common sense: People are more likely to move to where people they know live, and each new immigrant makes people they know more likely to move there in turn."[2]
BahamaPundit 6 years, 10 months ago
TalRussel. Continue to live in your bubble. I know for a fact that some Bahamian public schools are filled with 90% Haitian students. This is no longer an immigration issue, this is an invasion issue!!!!
DEDDIE 6 years, 10 months ago
Where do you get these ignorant stats from. If 90% of some school population are Haitian students it goes to reason that the battle is over. You were corrected by another blogger but you continue in your blissful ignorance. You throw your credibility as a reasonable and a intelligent thinker when you spew out these garbage stats.
joeblow 6 years, 10 months ago
This is a well established fact. At the time certain schools were being built in densely populated Haitian areas, some Bahamians protested the building of those so called Haitian schools!
SP 6 years, 10 months ago
This ONE Haitian is a pain in the ass, imagine what headaches ten's of thousands more cause!
We need to fix article 7 and do what needs to be done to quash this stupidity before a wrong precedent is set and we find ourselves foreigners in our own country.
DEDDIE 6 years, 10 months ago
Pain in the alimentary canal - NO. Anywhere else - YES.
BahamaPundit 6 years, 10 months ago
Deddie. I can't give out more information for confidentiality reasons. Let's just say I have seen for myself public schools where the majority of students are Haitian and speaking creole.
TalRussell 6 years, 10 months ago
Ma Comrades, hopefully this is true that they are not staying home when we ourselves are choosing not keep hidden from our own children of school age - that teachers can and do shape their students futures. Not only must they be attending school but also be fed lunch at school.
Chucky 6 years, 10 months ago
What about the other side of the story for the people who did apply for their citizenship and 10 -15 years later they are still being strung along by immigration. I've me numerous in this situation over the years.
I think if the government was even held the slightest bit accountable (in all ministries) we would not be in this situation.
Our own piss per performance, and our acceptance of the same is our own doing, and our downfall (or at least one of them).
BahamaPundit 6 years, 10 months ago
The sad part is. The Bahamas is at WAR and its people don't even realize it.
Seaman 6 years, 10 months ago
Yes we are at war.....We are only now realizing it. Some will make it a political blame game, but all Bahamians should support any Government that's trying to guard our Country and save our heritage from any group of persons trying to enter or reside illegally. It must be done forcefully and humanely all at the same time. God gave the Bahamas to Bahamians.....if you want to live here and work......then follow the law. You should not get all the benefits that Government gives out e.g. Free school, free medical etc and not be a Born Bahamian or paper Bahamian. I have talked to quite a few Haitians lately and asked them why they have no papers...... they say they are not spending a thousand dollars yearly to work here. They say they are sending their money back home. So now we have a major crisis facing the Bahamaland.
TalRussell 6 years, 10 months ago
Ma Comrades, say what you want about King's Counsel Freddy - had loving sister not sought out a lawyer for her imprisoned against his will brother - Jean Rony age 34 at the time was legally out for a walk on a public street with no more intent than to buy a single cigarette - could have ended up likes so many nameless, helpless, defenseless victims of this Imperial red state's immigration department - being shipped off in secret never be heard from again.
Here are the known facts surrounding Jean Rony, that he never sailed into Bahamaland waters as an illegal aboard an illegal sloop. This is a grown 35 year old man's who once was a but a tiny baby born at the very same hospital which many of you too were brought into this Bahamaland at. Jean Rony's birth was and remains recorded in the official birth record keeping books Bahamaland, not Haiti.... records that the immigration department's detention center'a officials would have had easy access to?
Seaman 6 years, 10 months ago
Comrade Tal..... Do you think Mr Rony did himself justice by not apparently applying for cizitianship at age 18? It will not end up good for him..... He will be deported again and Mr Smith will have taken his cabbage leafs ( dollars) And if he did apply , that does not mean he would have been given it. If he did not apply at age 18, then it shows negligence on his behalf. What does that say of him?
Seaman 6 years, 10 months ago
By the way ......Mr Smith needs to carry his a$$ back to whatever hell hole he came out of...... he dislikes all Bahamians......Black, white ,red. He may very well be the Anti Christ himself.....well almost.
TheMadHatter 6 years, 10 months ago
"...our Constitution only provides an entitlement or right for persons who are born here when they reach 18 and between the ages of 18 and 19..."
“We are in a position that is uncovered by the Constitution or the law of The Bahamas..."
How can he utter these two sentences which are in complete opposition to each other? Is he an oxy moron? 18 & 19 ... covered. Yes, clearly covered.
Nobody understands MAJORITY RULE like Haitians. Bahamians are about to be schooled...so it seems.
I guess we await the Appeals Court ruling.
sheeprunner12 6 years, 10 months ago
The urban public schools in Nassau and Abaco, GB and Eleuthera are full of Haitian children......... We might as well take the Bahamian names of them and call the Dessalines High, Christophe High, L'Overture High and Petion High ...... Just don't name any Duvalier High ....... That is how they are getting ahead in our country while our Bahamian children are sitting up fat, dumb and happy, playing games on smartphones all day.
TalRussell 6 years, 10 months ago
Ma Comrades, Article 7(1) of the constitution would never pass the sniff test Privy Council of England - pertaining attaining the age 18 to 19's window of opportunity for entitled making citizenship application and consideration .............. which has long been breached by the Pindling, Papa Hubert and Christie administrations..... and as soon as this Imperial red state reveals how many citizenship applications have they approved/granted since May 10, 2017 - 'they too' will been seen to also have breached Article 7(1).
You'd think all controversy their AG has focused upon obtaining citizenship that they would rush inform the people about the rumoured 100 citizenship applications they have approved?
Gotoutintime 6 years, 10 months ago
Can someone answer this question for me----Was Fred Smith born in Haiti?? Was his mother or father born in Haiti??---I'm just trying to figure out why Fred is so gun-ho to support the Haitian people to the possible detriment of Bahamians.
sheeprunner12 6 years, 10 months ago
Fred Smith was born in Haiti ........ His father is Bahamian and his mother is Middle Eastern ........ So he has an affinity for both Haitians and Muslims... He has both Voodoo and Taliban spirits on him.
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