The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

CANADIAN resident Bruno Rufa has filed a lawsuit alleging racist and degrading treatment at the hands of the Department of Immigration when he returned to The Bahamas for an ongoing case in Magistrate’s Court.

The action, which was filed yesterday in the Supreme Court by Callenders & Co senior partner Fred Smith, QC, stemmed from events that followed after Mr Rufa was told by authorities at the Freeport International Airport that he was on the country’s “stop list”.

The plaintiff alleges that his rights under Articles 15, 17, 20, 21, 26 and 27 of the Constitution were breached and is seeking - among other things - general, aggravated, exemplary, punitive, vindicatory and special damages in the amount of $551,500.

Mr Rufa asserts that he was denied his liberty, security of his person and the protection of the law; the right to call his lawyer or to communicate with his lawyer while in detention; was subjected to torture and to inhuman and degrading treatment and punishment and was subjected to the search of his person and property by officers of the Immigration Department in Freeport.

He further claims he was hindered in the enjoyment of his freedom of movement, his right to move freely in the country and the right to enter the country.

He lastly alleges that he was “treated in a discriminatory manner attributable to his race (Caucasian), place of origin and his skin colour by officers of the Immigration Department in the purported (but unlawful) exercise of their functions as public officers.”

He also alleged that Immigration Minister Fred Mitchell in particular – one of the three defendants in the action – had been “relentless in his malicious, vindictive, public and parliamentary attacks” on him and had used the Immigration Department and its officers “to unlawfully and unconstitutionally victimise, abuse, harass, and terrorise” him in particular, in addition to others at the Coal Beach condominiums.

The Canadian citizen has been an owner at the Coral Beach Condominiums for the last 15 years and elected president of the Coral Beach Management Company Ltd since 2005.

In the writ of summons, Mr Rufa claims that he was lawfully entitled to and travelled into The Bahamas by plane on Wednesday, September 21, 2016 for the purpose of going to his Freeport home and appearing in court the next day for his trial before a magistrate on the adjourned hearing of an ongoing case against him brought by the Immigration Department on allegations that he had been gainfully employed in this country in January 2015.

His ticket showed that he was booked to leave The Bahamas on Friday, September 23 at 11.20am on American Airlines after the hearing.

The plaintiff’s immigration landing card showed his intended departure date. However, he was denied entry through the immigration section at the airport and was told that he was on a “stop list”.

He explained to the immigration officer that he did not know this and had never been told this notwithstanding other existing litigation between himself and the Immigration department.

Mr Rufa protested his rejection, but was told that he should have known this and would be detained. He said the officer told him that his lawyers would “do their thing” concerning his detention as had been done in the past. However, he was not allowed to contact his lawyer.

The plaintiff’s writ further stated that he was then searched and his personal belongings were taken from him.

In fear and terror of his treatment, Mr Rufa said he was taken to a cold toilet room, which was air-conditioned and was not allowed to change into warmer clothing suitable for the temperature of the room by the aggressive and angry immigration officer. He had arrived in shorts and a short sleeved shirt. He asked if he could put on his long trousers and socks from his suitcase to provide warmth for himself. He was not permitted to do so.

He was denied the right to contact his lawyer, the writ added.

At or about 9 o’clock that evening, an immigration officer removed the plaintiff from the toilet room and told him that he could enter The Bahamas and leave the airport and that he was free to go for the night.

However, he was warned that he would be arrested if he did not immediately leave The Bahamas after his hearing in court the following morning.

The plaintiff complied and changed his reservations to leave on the next available flight out of The Bahamas, which was 5.30 pm on Bahamasair on September 22 - the same evening of his court hearing.

Immigration Minister Fred Mitchell, Immigration Director William Pratt and Attorney General Allyson Maynard-Gibson, QC, are the named defendants of Mr Rufa’s lawsuit.