By RICARDO WELLS
Tribune Staff Reporter
rwells@tribunemedia.net
FNM Leader Dr Hubert Minnis yesterday called for the immediate resignation of embattled Local Government Minister V Alfred Gray after the latter admitted to contacting an island administrator to offer “legal advice” regarding a young man in his constituency who had been convicted.
Dr Minnis said the MICAL MP “stands condemned by his own words”.
The Killarney representative called Mr Gray’s actions “unconstitutional,” alleging that Mr Gray egregiously and unacceptably abused his powers as the minister responsible for local government. Mr Gray is also the minister of agriculture and marine resources.
The FNM leader argued that Mr Gray’s actions set a “dangerous precedent” for ministers.
“(This) act signals that any Cabinet minister and member of the executive branch of government has the power to instruct a member of the judiciary to take or not to take a course of action,” Dr Minnis said at FNM headquarters.
He claimed that Mr Gray, if he has interfered with the course of justice, “could be liable at common law and under the contempt of court jurisdiction of the Supreme Court”.
“The independence of our judiciary is one of the cornerstones of our democracy and should always be protected. As a senior member of the Bahamas Bar, Minister Gray also knows that it is not only important that justice be done, it must also be seen to be done,” added Dr Minnis.
He also argued that Mr Gray “crossed the line”.
According to reports, last week a man from Mayaguana was convicted and sentenced for minor offences ranging from obscene language to obstruction of a police officer. The young man was being held without bail awaiting transportation to Nassau to start serving his three-month sentence.
An appeal on behalf of the young man was then filed.
At some point during the week, Mr Gray contacted the Mayaguana island administrator, Zephaniah Newbold, who is also a local magistrate, and informed him that he had the power to grant bail when an appeal is lodged on a conviction.
It was later claimed by the FNM that following this phone conversation between Mr Gray and Mr Newbold, the latter granted the release of the man he had convicted just days earlier.
Following the release of the young man, the FNM alleged that Mr Gray had in some way “ordered or induced” the release and called for an “immediate and impartial investigation” into the matter.
Dr Minnis argued that under no circumstance should the minister have called the magistrate allegedly to pressure him to release someone from custody.
After initial reports surfaced, Mr Gray admitted to the call, but insisted that the exchange took place after the ordeal had unfolded and a decision had already been made.
He claimed he only called the administrator to give him some needed legal advice.
“I understand that an appeal was filed by a convicted person and once an appeal is filed, the magistrate has an option to grant bail until the appeal is heard,” Mr Gray said last Friday. “That’s what I told the administrator and he exercised his discretion once the appeal was filed.
“I didn’t mention anything to him (the judge) about the matter itself.”
However, Dr Minnis said this intervention was unnecessary.
“Surely the magistrate would have been keenly aware of the options available to him relative to bail and did not need Minister Gray’s legal advice,” he said.
When contacted by The Tribune for comment, Mr Gray said he was in the process of drafting a response to the FNM’s claims.
“All of my comments to this matter will come in my statement,” he said.
Comments
duppyVAT 9 years, 9 months ago
V Alfred Gray is the poster child for "Politicians Gone Wild" ........... Bahamian - style
birdiestrachan 9 years, 9 months ago
In my view there are far to many young black men in Jail , What a wise Judge would have done, is charge him a fine, have him apologize to the Officer and even make him do community service. There was no need to send him to jail. For God in Heaven sake when you are in power be merciful. The state is not helping these young men, and did he have a lawyer?
TheMadHatter 9 years, 9 months ago
Absolutely correct. We are destroying our own people. If he had been a Haitian rest assured he would have been set free - and as for whether he had a lawyer, rest assured Fred Smith would have flown down on a Leer jet. Nobody would have wanted to suffer the wrath of the United Nations.
birdiestrachan 9 years, 9 months ago
The FNM Party need not make a big to do over this We should all try to help our Young black men FNM's and PLP;s and especially the poor black men. who can not hire the powerful lawyers. they are in need of help.
ThisIsOurs 9 years, 9 months ago
Once again you have completely missed the point. Your arguments are so nonsensical I'm beginning to think its all an act. Nobody could be this daft. If this is not an act and you are this daft I apologize for calling you out.
First point, if political forces both FNM and PLP would keep their grubby fingers out of job appointments we would have a magistrate who did not have to be schooled by the minister. A magistrate with enough wisdom to bring down a sentence appropriate for the offense.
Second what Alfred Grey ADMITS to doing, (not even touching what the FNM accuses him of) is EXTREMELY unseemly. In his OWN words, HE SAID he told the administrator what action he could take in some generalized scenario. if this is not criminal it is unethical and below the conduct of an MP much less a cabinet minister. It requires resignation. Tired of these ministers who for 40 years have used I didn't know, I don't recall to perform all kinds of unethical acts to the detriment of the Bahamian public.
This is the same man who denied being caught red handed ALLEGEDLY bald naked in a church parking lot with a woman not his wife. The suit against the punch never materialized.
This is the same man who told us what a wonderful man Mr Nygard was after a video surfaced, for all our little darlings to see, with this "wonderful man" using a hypodermic needle to shoot some UNKNOWN substance up his vein and then visibly appearing to "mellow out" describing how good it felt.
The same man who knows nothing about BAMSI, a multimillion dollar project that is the direct responsibility of his ministry.
Exactly what good is he doing? He is a waste of a house seat.
cmiller 9 years, 9 months ago
Why is he a magistrate if he doesn't know simple facts like that about the law? A politically appointed 'magistrate' who has to be told what to do??
John 9 years, 9 months ago
I don't think I would ever agree with V. Alfred Gray or believe anything he says. But Alfred Gray besides being a politician is also an attorney at law. If the conversation between him and the Newbold magistrate in Mayaguana was simply to advise the magistrate of the options he had in terms of granting bail in the instance of an appeal being launched and not to instruct him on how to carry out his duties then there was no wrong. We must remember that law is common and left to interpretation and application. I have sat in court on several occasions and witness magistrates consult with attorneys appearing before them about law and sections of it. However it's left to the magistrate alone to make a ruling on the matter. The legal question is did Gray cause an outcome of the matter other that what was legal and correct?
duppyVAT 9 years, 9 months ago
Should a sitting Executive member ever attempt to influence/advise a sitting Judicial officer about an on-going court case???????????
John 9 years, 9 months ago
Did Gray advise about the court case itself or did he advise that in the light of an appeal being made the magistrate had the power to grant bail? And did the magistrate did, in fact, have the power to grant bail as he was advise. Since the case is being appealed, the magistrate will not be the one hearing the matter, so how did Gray interfere? The magistrate had already ruled on the matter, and in light of an appeal being launched Gray advised Newbold that he had the power to grant bail. The question then is that did anyone object to bail, and/or if the suspect was brought to Nassau in handcuffs would he not received bail?
TalRussell 9 years, 9 months ago
Comrades I am not one to write sympathetic notes for the undeserving Minister V. Alfred and while I do not agree with how he is once again responding to media questions, I can’t believe the theatrics being played out over a simple telephone call. Some damn good acting by Tribune bloogers I'd say.
ThisIsOurs 9 years, 9 months ago
Did you hear his admission to Candia Dames? I don't want to misquote, but I'm sure it will be on the news tonight. Cable12. I'm sure ZNS will get a call from some minister with a suggestion on what they COULD leave out the news
duppyVAT 9 years, 9 months ago
All the time!!!!!!!! ZNS news is politically sanitized by the bishop Chairman!!!!!!!
TalRussell 9 years, 9 months ago
Comrade your weakness is when you start agreeing with me. Yes, I too share your view how the interview went against V. Alfred, and if you think he should resign over some interview, it still has nothing to do with the telephone call.
ThisIsOurs 9 years, 9 months ago
I wanted him to resign when I heard the report on Saturday Candia's interview made matters 100 times worse. I actually said to my friend "why does he continue to talk?"
TalRussell 9 years, 9 months ago
Has V. Alfred proven himself as a total failure at PR, absolutely. More like the ablest at it.
pablojay 9 years, 9 months ago
Anyone in that position of island administrator who can convict also knows that he can grant bail .V.Alfred Gray in his position as MP for the constituency and cabinet minister in charge of local government happens to be Mr.Newbold's boss and the young man in question is Mr. Gray's constituent and his family is probably known to Mr.Gray. That may be a syndrome of MPS for the area as a former MP, the late Wilbert Moss went to jail for trying to get then magistrate Cleopatra Christie to not convict a constituent of his who appeared before her on a drug charge
birdiestrachan 9 years, 9 months ago
The young man is nineteen years old, sending him to an already over crowed jail can ruin his life for ever. I agree he did wrong. but he does not deserve going to jail, There are persons who have committed much more serious offences who are free. He will have a record. Young Black Bahamian Men are already seen as out cast. there is the need to lift them up and not bring them down.
realfreethinker 9 years, 9 months ago
birdiestrachan the issue is not whether he should have been given community service the issue is a minister interfering with the judiciary. There a separation of powers. If the magistrate was not certain he has an obligation the call the chief magistrate for guidance not get it from a politician.
TheMadHatter 9 years, 9 months ago
It is not the issue - but Birdie makes a good point. It may not be relevant THIS MOMENT, but it might be when this same young man forever unable to get a job because he has a police record "about nothing important" can't make any money to survive and breaks into YOUR house to steal whatever he can to sell for food.
Mayaguana34 9 years, 9 months ago
This kind of interference happens everyday all day - It is wrong, an abuse of power BUT y'all all know Gray aint going no where. There is no accountability, no integrity or honor among these men and their boss can't even to fire a messenger. So accept what you voted for and enjoy life in a place were it is better to be a PLP than lucky!
birdiestrachan 9 years, 9 months ago
Minnis and those who agree with him should remember the bare foot pilot a young white American Boy who stole a plane and broke the laws of the Bahamas. The Police wanted to charge him, some one did some talking to the FNM;s at that time and the young man was let go with a slap on the wrist. Perhaps Symonett did some talking to his friend and neighbour as he liked to boast. Pray tell who interfered then? The Police were unable to charge him for offences committed in the Bahamas. PLP,FNM Or DNA the young man does not deserve a jail sentence.
ThisIsOurs 9 years, 9 months ago
Wonderful, if the FNM commits a crime it's ok for the PLP to do the same
TalRussell 9 years, 9 months ago
Amazing!!
duppyVAT 9 years, 9 months ago
The barefoot bandit was a different case involving extradition ............. this is a case where the handpicked out island commissioners (aka administrators) by the MPs/PMs over the years are the kiss ass lackeys for the politicians ............ VAG just sent one home from Acklins for "further training" ........ now he chastising this one for "wrong ruling" .............. There is NO separation of powers in our government system .......... VAG as a Cabinet Minister should not have the influence over an adminstrator's court ruling .......... but he does because if the commissioner offends him (VAG) by locking up his PLP supporter in his MICAL constituency, he can make the commissioner's professional civil service career a living hell ....................... ASK THE LONG ISLAND WHITE BOY ABOUT VAG!!!!
John 9 years, 9 months ago
What should be of more concern is that government is thinking about (or being forced to consider charging property taxes not only on land in the family islands but on undeveloped property owned by Bahamians. Imagine persons who own acres of undeveloped, no income earning property having to pay tax on it.
TheMadHatter 9 years, 9 months ago
Well maybe they should put their land to use, or sell it at a good price to Bahamians who can then build homes on it and make proper use of it - before the Haitians squat on it and tief it from them anyhow.
I know of a certain family who owns hundreds and hundreds of acres in Andros - just keeping them there vacant and stopping that island from developing just so that it cannot rival Nassau in any way.
Well if that is their pleasure (to keep the Bahamas backward) then they should pay for it - just like an expensive movie ticket.
John 9 years, 9 months ago
Just watching Foreign news on the weekend a 20 y/o college student (black) tried to enter a club but was turned away because US law requires patrons to be 21 to enter clubs where alcohol is sold. So officers showed up and after beating the young student to a pulp the charged him with being intoxicated among other things. The club owner (white) disagreed with police reports on the matter and said the young never appeared intoxicated or disorderly. The point is when dealing with young persons is it better to resolve matters at the earliest convenience or drag them through an unfriendly and inefficient legal system that has the potential to do harm,
TheMadHatter 9 years, 9 months ago
I think a lot was missed in this story between [tried to enter a club ...] and [So officers showed up...]
WHY DID they show up? Every time someone is told they cannot enter a club in the United States - do police officers "show up"? I think not.
Most likely the man made a complete ass of himself to the point that the police had to be called.
But of course that was all left out of the story by the news media because they wouldn't want to be accused of being racists toward the young BLACK man.
John 9 years, 9 months ago
Actually they weren't full police officers but ATF (alcohol tobacco and firearms). Assigned to patrol clubs. They are now on suspension as the matter appears to be racially motivated.
TheMadHatter 9 years, 9 months ago
Oh, and here's the article you mentioned:
http://www.nydailynews.com/news/crime/b…
birdiestrachan 9 years, 9 months ago
I am looking at a young Black Bahamian Man who does not need a record. He lives in a small community he will have the label of a Jail Bird. The prisons are over crowed, Even home arrest would be better than Jail. It may have gone over my head as some would say. But it touches my heart . As for the case being different. they are both young men, one black and one white. the white man offence is so much more serious. But it is different. you say. There is a need to find some other means of punishment and not jail for these minor offences. Try to save the young black men of the Country ,.
ThisIsOurs 9 years, 9 months ago
An individual has suggested that the young man was released, no appeal and no bail. Simply released. The appeal was said to have been submitted after the fact. Of course this claim has to be verified but that would be very interesting if true considering the web Minister Grey has spun around himself
Further if this magistrate needed any assistance on the law he must have a senior judge that he could confer with. Minister Grey is completely unsuitable as the magistrates legal advisor. He must know that
John 9 years, 9 months ago
"An individual has suggested????? '. An individual also said the sky was falling...sounds likes false evidence from a witness who does not exist
ThisIsOurs 9 years, 9 months ago
We shall see soon John....
DEDDIE 9 years, 9 months ago
It sets a bad precedent.To exaggerate it, is it proper for the Prime Minister to call a Supreme Court Judge and offer advise on a pending matter.
Voltaire 9 years, 9 months ago
All those defending Gray are delusional. If the magistrate needed advice, he should have sought it from the Office of the Attorney General, the Chief Magistrate, the Chief Justice, etc. Never from his boss. That is a straight up, clear, conflict of interest, whatever was said.
duppyVAT 9 years, 9 months ago
Exactly ................ but the average Bahamian cannot seem to see that as a problem!!!!!!!!
ThisIsOurs 9 years, 9 months ago
Well John? Island Administrator now says - "There was no bail", He was called twice. (Remember Grey couldn't remember who called who..early Alzheimer's I guess) and "he" felt like it was an order. Sounds like "the individual who suggested" knew exactly what they were talking about....
Grey better find Frodo and his Elven blade to get him out of this spider web
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