Gomez will 'recuse' himself if Committee on Privileges investigates Nygard affidavits

FORMER State Minister for Legal Affairs Damian Gomez.

As of Friday, March 18, 2016

By NICO SCAVELLA

Tribune Staff Reporter

cnixon@tribunemedia.net

FORMER State Minister for Legal Affairs Damian Gomez has said he will "recuse" himself as chairman of the Committee on Privileges if the group is made to investigate two affidavits connected to his embattled clients Peter Nygard and lawyer Keod Smith.

In doing so, Mr Gomez, QC, effectively confirmed that he serves as counsel to Mr Nygard and Mr Smith, both of whom have become embroiled in controversy ever since allegations surfaced that both men orchestrated a two-and-a-half-year campaign of fear and violence to "kill or scare off" activists he saw as opponents to development plans for Nygard Cay.

In the House of Assembly on Thursday, Mr Gomez said it would "not be fair" to preside over such a potential hearing, noting that it would eventually become public knowledge that he represents Mr Nygard and Mr Smith in the matter.

Mr Gomez's comments come after Fort Charlotte MP Dr Andre Rollins attempted to table two affidavits recently released by Mr Nygard, a Canadian fashion mogul, to refute the "murder for hire" plot he allegedly orchestrated against his billionaire neighbour Louis Bacon, lawyer Fred Smith and others connected with Save The Bays.

The affidavits were not tabled however, because of what Speaker Dr Kendal Major called the "overwhelming uncertainty swirling around it". Dr Major added that the documents would be tabled once he has conducted his own "due diligence" on the matter, and said he will decide whether the documents will be tabled the next time he takes the chair in the House.

Nonetheless, Fox Hill MP Fred Mitchell suggested that the two "untested" affidavits be referred to the Committee on Privileges for investigation, adding that the committee would be the best "mechanism" for determining who is behind producing them.

However, Dr Major said that he did not see a "prima facie" case for the matter to be referred; however the Speaker noted that his stance "could change" on the matter.

"If at some point you determine that a prima facie case has been made out I would have to recuse myself because it will become a matter of public knowledge that I do represent both Mr Nygard and Mr Keod Smith in the litigation that is started by a number of persons who were implicated by what has been said earlier," Mr Gomez said in response.

"And it would not be - on the face of it - fair for me to preside over the hearing when they obviously impact any of the plaintiffs in the matter involving Mr Nygard and Mr Smith."

The affidavits in question refer to two released on Tuesday by a spokesperson for Mr Nygard that allege that the two convicted criminals who first claimed they were hired by Mr Nygard to murder his opponents had changed their story.

The affidavits, purported to be sworn by Wisler "Bobo" Davila and Livingston "Toggie" Bullard in Manitoba, Canada on March 24, 2015, alleged the men were promised $3m for their "false testimony" and paid $50,000 upfront.

The affidavits, released by Mr Nygard's representatives, have not been filed in court but were prepared in contemplation of litigation, according to the documents.

Nonetheless, the claims are a complete turnaround from the pair's testimony in court documents filed in the Supreme Court on March 9 and appear to exonerate Mr Nygard from their initial claims. According to the statement, Mr Nygard did not pay Mr Davilma or Mr Livingston for their sworn testimony.

A press release that accompanied the affidavits also said Mr Nygard's attorneys have turned over evidence to Bahamian police and plan to formally ask local law enforcement to investigate Mr Bacon and others involved in the alleged "murder for hire" plot lawsuit against him.

The statement said Mr Nygard's lawyers plan to file a criminal complaint against those "involved in this campaign to smear his reputation".

The statement added that Mr Nygard wants police to investigate allegations of counselling to commit murder, given that the two criminals "tried to get Mr Nygard to instruct them or someone else to kill Mr Bacon".

A Nygard spokesperson called the lawsuit an attempt by operatives to destroy his reputation and to drive out the Progressive Liberal Party government that he supports so that, under a Free National Movement government, he would be prevented from obtaining the permits he needs to expand Nygard Cay.

TalRussell 8 years, 9 months ago

Comrades if you follow along with me I promise you a special treat of free tickets to the best seats at Nassau Town's very own comedic politics at its best.
Didn't a then state minister for legal affairs Damian claim how he was sent out town during the controversial case involving the possession of an illegal firearm and ammunition, when a 'nolle prosequ' was entered by education minister Jerome while Jerome was the nation's 'acting' attorney general back in 2012?
In fact, if I remember how it all went down at the time, Damian had to have been made to feel like he was made a fool of - because when he showed up at the out town conference that he was suddenly dispatched off the island to attend, the conference had actually ended when he arrived.
Comrades I only wish I had made this up. But I will not take credit.
Let us not forget, supposedly these are grown adult men’s settling for this crap.

Tarzan 8 years, 9 months ago

This whole spectacle of the government of a sovereign nation making claims that a small, environmental protection organization is trying to "bring it down" is so pathetic, that any Bahamian must be hiding his or her head in shame this evening. This is the classic example of denial by changing the subject. "Sweet heart, who are you going to believe? Me, or your lying eyes?"

How about this: P.M. of the Bahamas: "Let's settle this. Mr. Nygard will never get a grant of crown land, on the ocean floor next to his property, so long as a PLP government is in office." How hard is that to say? Come on P.M.! Have you got lock jaw????

John 8 years, 9 months ago

Bacon must also be investigated. Fred Smith must be disbarred. And if both Nygard and Bacon are to remain in this country one must be made to relocate. While many Bahamians and businesses seem to have made money (millions) of the long, drawn out feud between these two men, it is an embarrassment to the Bahamas to have them continue to behave like two ghetto rats. If Fred Smith is the one who concocted and ochestrated the murderous plot then is totally unfit to be a member of the Bahamas Bar. They need to speak out .While only a murderous plot has been revealed thus far, this long ongoing and intensely growing feud can very well end up with murder especially after considering some of the characters involved and the lengths they have already gone to appease the persons writing their checks. Make one or both of them sell their property and relocate, maybe to Old Fort.

John 8 years, 9 months ago

No I do not see Bacon on the video dummy. Why would Bacon put himself on a video that apparently concocted to create criminal and mischief, dummy, especially if he is paying for it, dummy? BTW dummy did you not read the sworn affadivits by Nygard, dummy that the two criminals, recanted their story dummy? Why are you so agitated by anyone who despises the action of Fred Smith and Louis Bacon, besides you being a dummy, Why are you bowing down to and pandering to one Louis Bacon, dummy?

newcitizen 8 years, 9 months ago

Forget Bacon and Nigard. The so called leaders of our country need to be investigated. Stop your love affair with Louis Bacon and start focusing on the Bahamian politicians who are taking these billionaires money to do as they please. The criminals are the politicians. Once we stamp them out, then we can go after Nygard and Bacon.

bluesky 8 years, 9 months ago

This long standing feud is providing employment for Bahamians, even criminals are being employed. why would lawyers want this feud to end?

Voltaire 8 years, 9 months ago

Another PLP lawyer representing Nygard??? And a sitting Member of Parliament at that. To use Fitgerald's phrase, the governing party is certainly crease right up in this man. As Tarzan points out, the rest is just unsubstantiated nonsense, an obvious attempt at distraction. Why not just point blank say he will never get what he so clearly (from the recordings) thinks the PM owes him? Anything to avoid going there... let the circus continue.

sheeprunner12 8 years, 9 months ago

There is nothing wrong with this decision ............ no need to criticize Damien's decision

sheeprunner12 8 years, 9 months ago

Agreed ............ but that is a different issue to this ......... Damien's days in Parliament are numbered anyway

newcitizen 8 years, 9 months ago

I think we have to give him his due on this one. Yes, he is a member of the corrupt government, but he did the right thing here. He is entitled to be Mr Nygard and Mr Smith's attorney and he made it publicly known and said if the affidavits arrive at his committee then he will have to recuse himself. This is exactly how it should be handled for his situation. He, himself has at least done the right thing in this instance.

TalRussell 8 years, 9 months ago

Comrades frequently we see why there is need for legislation with enforcement teeth that carries stiff penalties that would clearly define and restrict what and with whom a former cabinet minister, financial or parliamentary secretary can do or become involved with - for a minimum period of 2 years, after serving in cabinet.
Take the most recent case where the former minister of financial services, was allowed to negotiate and accept a well paying job offer, and in the same financial industry within his ministerial portfolio responsibility.
The rules governing cabinet responsibility remains like the Wild West in Bahamaland.
We have utilized far greater employment restrictions in a former family company, where sensitivity and abuse from fa former employee, would be have been princely costly.

sheeprunner12 8 years, 9 months ago

But if there is no law, it is only a judgement of morality ....... it does look bad

TalRussell 8 years, 9 months ago

Comrade it is why once you closely examine the two major politician parties, there is little difference of significance.
I say shame on us as a nation if we keep picking leaders - after they have come under the influences of being being around Pindling, Christie, or Papa Hubert.
Even Papa Hubert stood on floor of the Honourable House of Assembly to lecture the PLP MP's, how he was more of a PLP than they are. .

sheeprunner12 8 years, 9 months ago

Please name a viable alternative not smeared with SLOP corruption in their political genes?????????????? ........... or should we revolt against mainstream party politics and nominate a slate of Independents for 2017????????

TalRussell 8 years, 9 months ago

Comrade unlike you I do not seek the perfect man or woman. believe me, none are to be found. I have a solid individual in mind.
No potential leader can be too white, or not black enough, to fill the prime minister's shoes.

sheeprunner12 8 years, 9 months ago

Character comes first ......... colour should be immaterial my friend

TalRussell 8 years, 9 months ago

Comrade our characters are formed by age 3.
Age is but a sate of mind, so let us move away from he/she are too young, or too old, for the PM's job.
I would like see the provision written into our constitution, that you must have been 'born' with your naval string planted somewhere or other place, but in your own Bahamaland.
If born to non-Bahamalander parent(s), you must have lived your youth in Bahamaland, and have become a Bahamalander citizen, on or before attaining the age of 21.

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