The Tribune

By KHRISNA VIRGIL

Tribune Staff Reporter

kvirgil@tribunemedia.net

THERE are far reaching international repercussions to be considered if justice is not done in the alleged judicial interference case involving MICAL MP V Alfred Gray, Bahamas Bar Association President Elsworth Johnson said yesterday.

Mr Johnson called on the government to set in motion an independent inquiry with a senior retired justice and a senior member of the Bahamas Bar to head up the probe.

He told The Tribune that the Bar Association is deeply concerned about the matter because public confidence with the judicial process should never be undermined.

He said Mr Gray, as a senior Cabinet minister and seasoned attorney, should have never placed a call to Mayaguana Administrator Zephaniah Newbold to offer what Mr Gray has called “legal advice” concerning the matter of a young man convicted in his constituency. Mr Newbold was the local magistrate who presided over the case.

While the intention might have been simply to offer help, Mr Johnson said Mr Gray should have instead asked an attorney to inquire on the case with a view to distancing himself from the appearance of any wrongdoing.

Mr Johnson said: “With matters like these all leaders and politicians ought to understand the concept of the Rule of Law. They would then have an appreciation for the separation of power.

“As Mr Gray is a senior minister and a senior attorney one would presume that he understands the independence of the judiciary and that it is vital to any country’s wellbeing.”

Mr Gray has faced harsh criticism since the Free National Movement accused him of abusing his power after he contacted Administrator Newbold last week on the case.

Although Mr Gray has confirmed that he did contact the island administrator, he has strongly denied that he in any way attempted to sway the course of justice.

He has said he only advised the administrator that he had the option of granting bail, since an appeal had been filed.

However, The Nassau Guardian reported on Wednesday that Mr Newbold said he released the convicted youth outright “after an order came forth.” He said the young man was not on bail as Mr Gray had claimed.

This is a point of concern for the Bar Association, Mr Johnson said.

“If it is that the acting magistrate had already completed and handed down (a) ruling there is nothing else that he could have done with the case. But our laws, through the Criminal Procedure Code, say that the person could appeal.

“One would never want in any country to have the executive telling the judiciary what to do. It is just seriously dangerous. Courts should always be seen to be independent. I would ask the government to conduct an independent inquiry.”

He expressed fears that “watching eyes” in the international community might view the Bahamas as a country with no respect for its laws.

“International persons are always looking at this country to invest. One of the first things that investors do is to see how the court system works and they consider how they might settle matters if they were to end up in court. They need the assurance that the decision of the court will always be upheld,” Mr Johnson said.

A police investigation began this week into the matter. State Legal Affairs Minister Damian Gomez has said someone will likely be prosecuted in view of the allegations.

On Wednesday, Mr Gray asked Prime Minister Perry Christie to relieve him of the local government portfolio pending the results of the investigation. He has said the police probe will vindicate him.

However, he still retains his substantive post as minister of agriculture and marine resources. The FNM has called for his complete dismissal in view of the controversy.