The Tribune

By RASHAD ROLLE

Tribune Staff Reporter

rrolle@tribunemedia.net

MARCO City MP Greg Moss has come under fire from attorney Fred Smith and the president of the Bahamas Bar Association, Elsworth Johnson, for suggesting in the House of Assembly last week that Save the Bays (STB) engaged in “forum shopping” at the Supreme Court.

Mr Smith said it’s the worst accusation ever hurled at him and he dared Mr Moss on Friday to “say it to my face”.

He said he will make a formal complaint to the Office of the Attorney General and the Bar Association in an effort to get Mr Moss disbarred.  

Mr Moss’ comments came as he reacted in the House of Assembly last week Wednesday to Justice Indra Charles’ historic ruling that Education Minister Jerome Fitzgerald infringed the constitutional rights of members of Save the Bays when he tabled their personal emails in Parliament in June.

Leader of the United Democratic Party, Mr Moss raised the spectre of corruption when he questioned whether STB was “forum shopping”, suggesting that the group has had many of its cases before the same judge.

“Why are all these controversial cases coming before the same judge,” he asked as parliamentarians beat their desks in approval. “I’m not able to answer that. That should not be an issue I have to speak to in this House because the Supreme Court is supposed to conduct itself with judicial decorum not to create a constitutional crisis with the Parliament in this country, and that is exactly what this is doing.”

Reacting to this statement Friday, Mr Smith said: “I call the Bar Association to take Mr Moss before the Bar ethics committee and to seek to have him disbarred.”

“If Moss is a man, let him come outside of Parliament and make these accusations that I have somehow participated in some corrupt exercise to take my cases before the court. I think Mr Moss is a disgrace to the profession. He is an officer of the Supreme Court and should know better than to make wild, unsubstantiated accusations against myself who is a Queen’s Counsel of Her Majesty, who has been in the profession for 40 years and who no one has ever had the indecency to accuse of having bribed a judge before.”

“In his pursuit of demagoguery and bellicose pontification, he has sunk to one of the lowest levels I’ve seen a politician sink to in the Bahamas. If he has any courage, if he stands by what he says, let him come out of Parliament and say it to my face because I will sue him for criminal libel, for defamation and make a formal complaint to the Bar to have him disbarred.”

“This is the most vicious thing I have heard anybody say about me.”

Mr Smith also said he doesn’t have many cases before Justice Charles.

“I have been appearing before Justice Bain in many STB cases, before Justice Weekes on Bruno Rufa’s judicial reviews, Justice Evans on Kelly’s and other customs judicial reviews, Justice Longley on responsible development for the Abaco case, etc. He needs to get his facts straight before he starts maligning me and by implication suggesting that the judge was involved in corrupt practices. He is scandalizing the court and I call on the attorney general to consider issuing proceedings for his contempt in scandalizing the Supreme Court.”

For his part, Mr Johnson said the matter shows that Parliamentarians must not abuse parliamentary privilege.

“If they have a concern I think the more responsible thing to do is bring it to the attention of the Chief Justice,” he said on Friday.

“Absolutely no one in the Bahamas can question Justice Indra Charles’ commitment to the rule of law. No one can question her independence, fearlessness, impartiality. When making comments we should be very careful that it does not undermine public confidence in the administration of justice.

Mr Johnson said: “People sometimes use Parliament to say and do as they like but we must be responsible in our commentary. If you feel there is forum shopping, which suggests you can get a certain result from this person, you make a complaint. Put a report together and have it brought to the attention of the Chief Justice.”