Senator Fred Mitchell.
By NICO SCAVELLA
Tribune Staff Reporter
nscavella@tribunemedia.net
A Haitian man recently acquitted of an illegal entry charge has been deported to Haiti after a magistrate ordered to have him detained for “possible deportation” following his discharge, Foreign Affairs and Immigration Minister Fred Mitchell revealed yesterday.
Mr Mitchell said Magistrate Andrew Forbes, after acquitting Jean-Mary Justilien and ordering him to be discharged from
custody on December 1, subsequently ordered that the 27-year-old be surrendered to the Department of Immigration for “further assessment, and possible deportation.”
The Tribune understands he was deported on Monday.
As a result of that order, Mr Mitchell said Mr Justilien, who “has no claim to Bahamian citizenship” and “no legal status in the Bahamas has been returned to his home country.”
Mr Mitchell declined to comment further, stating that “yet another action has been launched in the courts” over the matter.
Attempts by The Tribune to contact Mr Justilien’s lawyers, Grand Bahama Human Rights Association President Fred Smith, QC, and Adrian Gibson, were unsuccessful up to press time.
Magistrate Forbes ruled last Tuesday that there was no evidence to show that Mr Justilien had illegally entered the Bahamas in June as previously alleged. However, despite acquitting him and ordering that he be discharged from custody, the magistrate said that he needed to remain in custody until certain requisite “administrative procedures” had been carried out.
However, Mr Justilien’s lawyers claimed at the time that those “administrative procedures” involved the signing of “papers” by Magistrate Forbes’ staff, as well as Mr Justilien being “processed and released through the police at the Magistrate’s Court”.
On Sunday, Mr Smith told The Tribune that Mr Justilien was being detained at the Carmichael Road Detention Centre awaiting deportation.
In the House of Assembly yesterday, however, Mr Mitchell revealed that Magistrate Forbes ordered that Mr Justilien be turned over to immigration officials for “further assessment and possible deportation,” words Mr Mitchell said were from Magistrate Forbes’ order “exactly as given.”
“The subject was not born in the Bahamas, has no claim to Bahamian citizenship, had no legal status in the Bahamas and so he has been returned to his home country,” Mr Mitchell said. “There is nothing more to say on the matter because I am advised that yet another action has been launched in the courts over this.”
Mr Mitchell went on to say that that action is a continuation of the GBHRA’s “exaggerated and often false commentary” on immigration matters.
“Each day there is some press release spreading alarm and crying wolf, emanating from the same one spokesperson for the (GBHRA),” Mr Mitchell said. “Each feed his practice with a case in law and the hope that costs will be awarded in his favour. That is the clear pattern.
He added: “I say again this misinformation is giving aid and comfort to a sophisticated criminal enterprise to breach the borders of this country and no government or immigration minister can allow it to go unchallenged.
“I shall continue to fight for the Bahamas and resist this attempt to breach our borders, designed to sap the will of the immigration officers and intimidate us all to have our country awash with illegal migrants.”
Mr Justilien was shot during an immigration round up in Palmetto Point, Eleuthera, on June 9 and airlifted to the Princess Margaret Hospital for treatment.
He was later taken into police custody on suspicion of assaulting a police officer and an immigration officer in the execution of their duties, according to police in an earlier statement.
Police later concluded that the alleged assault resulted in the accidental discharge of the police officer’s revolver “causing injuries to the face and shoulder of the suspect.”
Comments
themessenger 9 years ago
Bahamian justice and human rights at its finest. Shoot the man,illegally detain him then deport him. If by chance he ever returns they'll probably flog him. Fred Mitchell and Wayne Munroe, the Bahamas only hope in our quest to rid the country of the Haitian invaders.
My2cents 9 years ago
Were you there to know that it was not an accidental discharge following the suspects attempt to take the officer's gun? Or are you taking the word of his not so honest, not so law abiding family? How was an illegal immigrant illegally detained? He could not prove legal status then or now.
DEDDIE 9 years ago
There is a criminal charge associated with trying to take an officer's gun. In light of the fact no charges was filed, legally, trying to take an officer's gun didn't occur. Thus the opportunity for civil damages. Him leaving the Bahamas doesn't prevent him from seeking damages.
My2cents 9 years ago
That's not logical reasoning...that did not mean that he did not attempt to take the officer's gun. It simply means because of the numbers of persons willing to break the law for him (the so called 'witnesses'), it could have been determined a hard case to persue. Deporting him and not wasting any more funds involved with a court case was the best decision. If he does continue his civil suit I hope that he is countered sued for agony caused to the officers, plus the cost of housing, rehabilitating and deporting him.
TruePeople 9 years ago
He get shot in the back of the neck...... what kind of disarm move was that???!?!?!
My2cents 9 years ago
The gun was accidentally discharged, it means he could have been shot anywhere. Thankfully, it was not fatal.
birdiestrachan 9 years ago
Let us hope he has the good sense never to enter the Bahamas again illegally. It is unfortunate that he was shot. and Haitians should do their part and discourage their people from coming to the Bahamas illegally. and we all know no one will be flogged.
Honestman 9 years ago
"Magistrate Forbes ruled last Tuesday that there was no evidence to show that Mr Justilien had illegally entered the Bahamas in June as previously alleged."
Don't let the facts get in the way of your automated propaganda Birdie.
My2cents 9 years ago
There was no evidence, per the magistrate, to verify that he was Mr. Justillien. He was remanded for administrative processing (or something like that). Clearly it was so that his identity and status could be verified. It was and now he's been deported. I hope the other legal matter involves prosecution of those who aided his illegal entry.
birdiestrachan 9 years ago
Honesman where is the evidence to show that he entered legally? It is important that good old common sense is used. in these matters.
Economist 9 years ago
So Birdie, you believe that when some one is arrested for stealing he must give evidence to show that he did not steal?
You say that everyone is guilty till they prove that they are innocent.
You disagree with all the international conventions.
How many BGCSE's did you get? What grade were they?
blackbahamain 9 years ago
Be careful be careful how we treat foreigners because we have bahamains all over the world living. If a Bahamain illegal or legal was shot in the U. S. they would have been a rich guy/girl today. So please mr. Immigration officer do your job respectfully but you must have a job to do
TruePeople 9 years ago
Very good point
My2cents 9 years ago
Rich really? A Bahamian medical student was shot in Connecticut. The officer was cleared of wrong doing because, they determined, of the young man's actions prior to contact with officer. Wasn't this young man also accused of illegally residing, disorderly conduct with officers and resisting arrest which contributed to his non fatal injuries? Clarify the difference for me.
sheeprunner12 9 years ago
OK ......................... suing the government for unlawful arrest/abuse as an illegal immigrant sounds so moronic .................. so we should treat desperate law-breakers with kid gloves??? Why give law enforcers the right to use justifiable force if you cannot suppress uncontrollables???
TruePeople 9 years ago
What i don't get is why in the minds of many here, there are only two approaches to crime fighting and prevention.
1) Barbaric law enforcement with total disregard for legal conventions and principles of human rights
2) Absolutely no law enforcement.
Anything else, seems incomprehensible to far to many Bahamians
sheeprunner12 9 years ago
And your point is???????? ......... whats your alternative???? ......... Migration??
TruePeople 9 years ago
The Bahamians who can Migrate out of this out country are, so maybe migration is the answer, although obviously not the migration your thinking of
GrassRoot 9 years ago
its funny how some people on these boards believe the government on immigration matters and follow them like sheep. Notably a government that cheats, lies, steals, embezzles wherever and whenever it has an opportunity to do so. And many of the sheep are all up in arms in all other matters involving the government. get real people. My car got stolen, the surveillance tape seized, then the police officer goes on vacation for 4 weeks (sic!). After his return the surveillance tape disappeared. I wonder whether he paid himself for his vacation. This is the reality in the Bahamas. You can not and should not trust anybody in the government. Sad but true.
Emac 9 years ago
Fuck the Haitians and Jamaicans and all the rest of them. What about the countless young Bahamian males that are shot and killed by police and no one ever notices. All yall get yall ass from here talking shit like yall care. Look out fer ya own, then come back here. Stop pretending like yall give a shit about human abuse. SMFT!
Voltaire 9 years ago
Look out for your own. The motto of every thug, gangster, dictator, oppressor, imperialist that ever lived. Nice Emac. Congratulations.
My2cents 9 years ago
Looking out for your own is what you and every Haitian who comments on these pages do. Outside of these pages, it's no different. You may kill each other in Haiti but in The Bahamas you stick together and play the victim game.
Emac 9 years ago
The same can be said about you and your homeboy who got deported, Voltaire. Which of the above describes him or you? Or the poor illegals are not a part of the name game? I find it flabbergasting the way you people are so hypocritical about things that are close to your hearts. You are usually the first person to comment on these pages whenever there is some news about Haitian abuse But I can't care about the rights of my own people????? You are a typical Haitian, selfish, possessive and looking for sympathy.
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