Mitchell warns activist could be imprisoned

Senator Fred Mitchell.

As of Thursday, April 7, 2016

Fred Smith

By NICO SCAVELLA

Tribune Staff Reporter

nscavella@tribunemedia.net

FOREIGN Affairs and Immigration Minister Fred Mitchell yesterday slammed Save The Bays Director Fred Smith for threatening to commit certain MPs to prison, warning the outspoken attorney that such actions are grounds for “contempt of Parliament” and that he “could find himself faced with imprisonment.”

Mr Mitchell, in a statement, criticised Mr Smith, QC, for seeking to “offend the privileges of members of Parliament.” Mr Mitchell said no one in the “21st century” would allow a “lawyer with half baked ideas to set aside those hard won privileges which exist for the ultimate protection of the public.”

Mr Mitchell also called Mr Smith’s threats of prison committal nothing but “bluff, bluster, stupidity and nonsense.” He also said Mr Smith should be declared a “vexatious litigant” and that all of his court actions “should be struck out for that reason.”

On Tuesday, Mr Smith threatened to seek to have any member of Parliament who continues to reveal confidential information about members of Save The Bays (STB) committed to prison for contempt of court. Mr Smith in particular directed his threats towards Tall Pines MP Leslie Miller, who on Monday reportedly threatened to reveal more information about the group to support previous claims by some PLP MPs that the group is seeking to destabilise the government.

Mr Smith also challenged MPs who have released confidential information about STB to do so outside of Parliament, where they do not have protection. However, Mr Smith said if they “remain cowards” and continue to do it in Parliament, he will “still hunt them down and seek to have them committed for contempt of court.”

“If Mr Smith takes any action to offend the privileges of members of Parliament like he proposes in his latest release, where he threatens the MP for Tall Pines, there are consequences which can flow from that,” Mr Mitchell said in a statement. “One of them is that an offender can be in contempt of Parliament and find himself faced with imprisonment.

“The parliamentary privileges of freedom of access to Parliament and freedom of speech were hard won. An English king was executed for seeking to interfere with that right. In the 21st Century, no one will allow a lawyer with half baked ideas to set aside those hard won privileges which exist for the ultimate protection of the public.”

Mr Mitchell added: “The public nor the press should be fooled or intimidated by him and his words. No member of parliament on the PLP side, including this member of Parliament, has the slightest concern about any of Fred Smith’s machinations. It is all bluff, bluster, stupidity and nonsense. Mr Smith takes himself too seriously.

“…He has also filed a number of lawsuits. It is my view that he ought to be declared a vexatious litigant and all of the actions should be struck out for that reason. As I said before, Fred Smith QC can go fly a kite.”

Last month, Mr Mitchell claimed in the House of Assembly that some $8.25m had been filtered through various organisations connected with STB from 2013 to 2015. Mr Mitchell did not identify what the $8m was for, but questioned whether STB was a “genuine environmental organisation” or an “attempt to subvert” certain parliamentarians.

Also speaking in Parliament last month, Mr Miller claimed that five members of STB take home a combined salary of $740,000.

Education Minister Jerome Fitzgerald also indicated recently in the House of Assembly that STB has used the organisation’s banner to cover up its true intent – “to destabilise the government of the Commonwealth of the Bahamas.”

While in Parliament he read, then later tabled, private email exchanges from STB members to substantiate his point.

However, STB Director Romauld Ferreira has insisted that STB is a civil body working to protect the environment of the Bahamas. Mr Ferreira also said as far as he knew, none of the organisation’s directors are currently receiving salaries for their posts.

The STB controversy springs from allegations that Canadian fashion mogul Peter Nygard employed two “gang members” to carry out crimes against those who opposed further development at Nygard Cay.

On March 9, four STB directors - Joseph Darville, Mr Ferreira, Mr Smith and Louis Bacon - and Re CB Moss, who is not a STB member, filed an affidavit by Florida investigator John Joseph DiPaolo to probe Mr Nygard’s connection to Livingston “Toggie” Bullard and Wisler “Bobo” Davilma, the two men in question.

Mr DiPaolo’s findings, contained in a 400-page affidavit, were part of court filings against Mr Nygard and his lawyer Keod Smith.

Mr Nygard has since filed his own lawsuit against those claims.

NassauBoy77 8 years, 7 months ago

Minister Mitchell is talking lots of fool. I want to see the law that allows parliament to in and of itself legally punish a private citizen. These fools are corrupt with power!

Economist 8 years, 7 months ago

Fitzgerald must have been taking lessons from the late Hugo Chavez and the current Venezuelan president Nicolas Maduro. They always speak about external threats to the country.

Military Juntas, in South America, used to do it all the time so they could impose Marshal Law and lock up anyone who did not agree with them.

It is a way to deflect from their own poor performance.

asiseeit 8 years, 7 months ago

Look at Venezuela today, not that appealing at all.

TalRussell 8 years, 7 months ago

Comrades both our courts and King's Counsels were created by the sovereign.

John 8 years, 7 months ago

In other words Fred Mitchell say the QC behaving, "like a spoiled school girl."

truetruebahamian 8 years, 7 months ago

He is! I remember the t-shirt that he always wore "Head Boy" I wondered whether it was a statement or a question.Just my thought - not that it really matters politically..

truetruebahamian 8 years, 7 months ago

To clarify, I point out Fred's old wardrobe, not anyone else's!

asiseeit 8 years, 7 months ago

If they gonna start locking people up for "contempt of parliament" then about 90% of Bahamians gone get lock up. The government of the Bahamas is the single greatest threat to The Bahamas there is, bar NONE!

EasternGate 8 years, 7 months ago

Freddy is scared shitless of Fred Smith

sheeprunner12 8 years, 7 months ago

Which Article in the Constitution speaks about "contempt of Parliament" ?????........ don't see it

sheeprunner12 8 years, 7 months ago

Still waiting for a Fred Mitchell surrogate to chime in.............. smdh

MonkeeDoo 8 years, 7 months ago

Fweddy need some wasseline !

cmiller 8 years, 7 months ago

So, anybody trying to put yall crooks in jail, will be jailed first!!!!! Wow.........

Sickened 8 years, 7 months ago

Freddie should be kicked out of parliament for being insane. He is so far gone now he ain't thinkin' straight.

sheeprunner12 8 years, 7 months ago

That clause is in the Constitution for sure .......... along with being broke (is it true that Fitzie is bankrupt????????) ......... maybe that is why he is so angry

VS 8 years, 7 months ago

Mr. Mitchell, please stop detracting from the real issue(s) at hand. We are not at stupid as you and your beloved Prime Minister and his members of Cabinet would have us to be. All of this verbal "fluff, pomp and circumstance" is quite annoying! Save The Bays cannot light a match to the damage this current government has done within the last few years in power! Your colleague, Education Minister Jerome Fitzgerald, is quite the outspoken fellow these days, yet he remained MUM for a very long time concerning the purported gas leak which occurred in HIS constituency of Marathon, affecting those who put him in place. So tell us, who are the REAL persons that are a danger to this country? You cannot keep the masses uninformed and disengaged for long! This is a NEW GENERATION of Bahamians that will be voting come next general election!

jus2cents 8 years, 7 months ago

What is he on about?! Sadly the only Contempt here is from the Minister?!

The House of Assembly protects Fred Mitchell's rights, (and that is wrong) The minister can say whatever he wants (About whoever he wants) with no fear of any repercussions and that is fundamentally wrong, particularly when you threaten, denounce and slander someone.

That's why it takes someone like Fred Smith to stand up to this injustice he is doing it for ALL OF US!!

The people of the Bahamas must be able to speak freely, and if the government don't like what they hear they should just do what is right for the people do better, and we will happily support you!

proudloudandfnm 8 years, 7 months ago

Mitchel vs Smith in a legal matter?

Smith wins every time....

lol....

licks2 8 years, 7 months ago

The constitution assures us personal security form invasion of privacy. . .AND NO LAW. . .NOT EVEN THE ACT THAT PROTECTS SPEECH IN THE HOUSE IS ABOVE THAT FUNDAMENTAL PROTECTION!! IF MP FRED MITCHELL THINKS THAT THEY HAVE SUCH UNFEATHEERED POWER OF "COMPLIANCE" TO NO LAW. . .LET HIM GO. . .QC FRED SMITH WILL SLAP ANOTHER MATTER ONTO HIM!

HE FORGOT THAT HE SLANNDERED QC SMITH IN HIS SPEECH IN THE HOUSE. . .NOW HE IS FACING A 3 MILLION DOLLARS PAY OUT IN COURT!!

THIS GOVERNMENT IS FAST APPROACHING A SOCIAL MELTDOWN WHERE THE PEOPLE WILL NOT WAIT FOR THE UPCOMING ELECTION. . .THIS CREW IS OUT OF CONTROL!!!

VS 8 years, 7 months ago

I'm so sick of "Red Bitchell"!!!!

MonkeeDoo 8 years, 7 months ago

licks2: Social Meltdown ! This government is so tight with the Chinkies and now have battle munitions and have learned the Communist ways to deal with dissent, when you see people like Fred Smith and others simply disappear for a while ( or ever ) don't be surprised.

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