Official Opposition Leader Philip 'Brave' Davis.
By AVA TURNQUEST
Tribune Chief Reporter
aturnquest@tribunemedia.net
A DAY after Labour Minister Shane Gibson hit out at Attorney General Allyson Maynard-Gibson for not informing him of her decision to stop a private prosecution against Sandals Royal Bahamian and two of its senior executives, two more senior Cabinet ministers have also come out against the handling of the matter - but the Attorney General last night swiped back at criticisms.
Deputy Prime Minister Philip Davis and Minister of Tourism Obie Wilchcombe said they were both unaware that a nolle prosequi had been issued on August 15 - the same day the hotel terminated more than 600 employees.
Echoing Mr Gibson’s concerns on the sidelines of a special ceremony honouring straw market vendors yesterday, both ministers acknowledged that the matter could injure the governing party’s public image, specifically its deeply rooted ties to the labour movement.
However, late last night, a statement from the office of the Attorney General warned: “The Attorney General in the execution of her constitutional duty is never swayed by the political objectives of her colleagues or anyone else.”
“We’re dealing with a situation in our country right now,” Mr Wilchcombe said, “we have to be sure of the messages we’re sending. At all times the Bahamian people must know as Sir Lynden said before, that there is justice as opposed to ‘just us’ and I think it’s imperative that we understand that there’s a process.
“And the reality is that the minister responsible for labour is at the table negotiating, and I understand his argument that if I’m at the table negotiating, I should not be caught by surprise because it sends the wrong message.”
He added: “We came up out of the bowels of labour and so we must always at all times demonstrate that that plank remains, that we stand with labour and some of us are committed to it and we strongly believe in it. The Attorney General has a legal right to do and make decisions but as we observe, it just shows you how a democracy works.
“But I do understand the minister of labour and I stand with him on this issue.”
Speaking to whether he felt the matter would bolster opposition claims that the Progressive Liberal Party-led government prioritised foreign interests, Mr Davis said: “I don’t agree with the assertion of that position in respect to that, but I think this is something they could point to that may lend some credence to it. But again the PLP as a party has the Bahamian people’s interests first, it has always been that way and will continue to be that way.”
The Attorney General’s order halts the action launched against the resort, its general manager, Gary Williams, and financial controller, Fitzroy Walker, by five officers of the BHMAWU who had alleged that Sandals Royal Bahamian was in breach of the Industrial Relations Act by failing/refusing to “treat or enter into negotiations” with the union.
They had also claimed that the resort, Mr Williams and Mr Walker, had violated the Industrial Tribunal Relations Act by intimidating and terminating employees. The resort, and its executives, had denied all allegations.
It was revealed on Tuesday that the nolle had been issued and it has been condemned by union chiefs and the Official Opposition.
In an article published in The Nassau Guardian, Mr Gibson said he was disappointed that Mrs Maynard-Gibson did not notify him of the decision as he and other government officials were actively working to resolve issues between the resort and the union.
Yesterday, Mr Wilchcombe said the labour minister was “absolutely correct”, adding that he believed Mr Gibson spoke for “many of us”.
“The PLP fought for the liberation of labour,” the tourism minister said, “it was one of the issues brought up in 1965 when we went to the United Nations in search of our 1967 majority rule.
“So we fought for [labour], we marched for [labour], the PLP caused the introduction of the memorandum of understanding which caused for relations with labour and that’s how people like Bobby Clinton and David Knowles got to the Parliament, and Telator Strachan, a straw vendor, got to the Parliament.
“It was because of the relationship with labour,” Mr Wilchcombe said.
Mrs Maynard-Gibson has refused to answer questions about the nolle prosequi, telling The Tribune that the Attorney General never speaks publicly on such matters.
Progressive Liberal Party Chairman Bradley Roberts has defended her decision, stating that the nolle prosequi was issued by the Office of the Attorney General because it determined it was an “abuse of the judicial process” to have the criminal matter ongoing in light of the fact that the BHMAWU has also initiated civil proceedings against the resort.
More like this story
- Roberts accuses FNM of abusing nolle orders
- FNM's plan for independent director of public prosecution 'would have prevented nolle prosequi affair'
- DNA leader doubts government was blindsided over resort job cuts
- PLP chairman backs AG for ending case against resort
- Nolle prosequi for Sandals is 'an abomination to justice'
Comments
BahamaPundit 8 years, 1 month ago
Sandals has recently been charged with bribery in Turks & Caicos. I wouldn't be the least surprised if they did the same thing here and that's why they're being protected by the PLP. Something stinks about this Noli, and I think Turks & Caicos holds the answer: http://www.fcpablog.com/blog/2013/1/30/…
sheeprunner12 8 years, 1 month ago
The competing sides in the PLP inner circle are taking shape for November???? ........ it will be an interesting run-up to the convention .......... the AG will not be seeking a nomination or a Cabinet post next time around
BoopaDoop 8 years, 1 month ago
Perhaps she has to recoup her losses on the retail space for her and her family at Bahamar. There is no reason why her decision should not have been shared with at least the Min of Tourism
sheeprunner12 8 years, 1 month ago
Yep ........... they are all nose-deep with their hands in the country's cookie jar
stillwaters 8 years, 1 month ago
Now they know how the Bahamian public feels always being kept in the darkvwhile they do their shady deals. Secrets will always surface, though.
TalRussell 8 years, 1 month ago
Comrades! The right of the private individual to bring prosecution against a corporate's representatives must be protected as a constitutional safeguard.
When you have the AG meddling to stop a private prosecution, are you not removing the private individual's constitutional right to seek justice. if they feel the law that should protect them is being abused?
The same authority that gives the AG the right to stay a private prosecution, also extends the right to the AG to take over and conduct the private prosecution against the bigger corporate identity or individual, on behalf of the little individual, where the interests of justice so require. To stay or take over a private prosecution are equally fundamental parts of our justice system. The pubic has every right, not to be left in the dark, that in staying the private individual's prosecution, that the evidentiary standard and the public interest test were in fact applicable to the public's right to know that transparency was not interfered with.
At minimum, shouldn't the AG have to explain, why the dates listed on the stay of prosecution - do not correspond?
gangof4 8 years, 1 month ago
When you have the AG meddling to stop a private prosecution, are you not removing the private individual's constitutional right to seek justice. if they feel the law that should protect them is being abused?
Sounds a lot like the Bahamar mess to me!!
TalRussell 8 years, 1 month ago
Comrade Gangof4, what a disappointed to the many thousands little people who back in 2012 looked to the major PLP players like "Brave", Allyson, Jerome, Freddy and Obadiah as a means of achieving some meaningful improvement in their lives. What a shameful letdown tossed upon the laps of the so many thousands of little people who trusted them with their families futures and paychecks.
I want to be fair to the AG as there is no evidence of engaging in any underhandedness, but for heaven's sake, how many times can your government crush the little peoples Cabbage Beach Vendors, and the 600 little people's workers who were being summoned to be sent home, and why in the hell would you pick that day of all days to issue a stay of the private prosecution?
The entire PLP Cabinet would have be medically brain-dead, not to understand why this is not looking good for the PM's chances of staying on the job?
ThisIsOurs 8 years, 1 month ago
Repeat: I refuse to believe the AG went Lone Ranger on ALL of them.
TalRussell 8 years, 1 month ago
Comrade ThisIsOurs, I can honestly believe the AG may have acted without inviting input from her cabinet colleagues - but every action requires some kind of mechanism to kick-start it. I mean, did the AG just arrive at the AG's office one morning to grab the private prosecution file without some one or thing's mechanism kick-starting her decision to halt the private individual's prosecution? Don't you think that's the one question which the public would really like their AG to have to answer?
realfreethinker 8 years, 1 month ago
TalRussell that is the bigger issue,what prompted her decision. I am not surprised that the cabinet did not know,that's hgow this crew rolls . The right hand don't know what the left is doing
jus2cents 8 years, 1 month ago
AG is a very arrogant person, she thinks she is in charge and they're all idiots. After all....Why ask them? she Is in charge, this is her call to make!
TalRussell 8 years, 1 month ago
Comrades! Of important note. Allyson is the prime minister's unelected to the House, serving as an appointee to the Crown's portfolio of attorney-general. Knowing this as I sense the PM is about to reshuffle his cabinet, the Crown might soon have a new Crown AG at the Cabinet Table and a new Chief Justice? Maybe even a new Governor-general in place to be entertaining the PLP privileged political elite and their 'honoured' party guests up atop Mount Fitzwilliam?
Theobserver1 8 years, 1 month ago
The AG acted in an effort to safeguard all parties involved based on the precedent that has been set. I don't know HOW that equates to some deep calculated secret, but it seems a diet of conspiracy theory is all some people feed on. Having said that, it is embarrassing that the convention of collective responsibility escapes so many within the Cabinet, and those outside. I would expect that both Mr. Gibson and Mr. Wilchcombe would have been much more reflective and politically astute in their comments. But maybe that is what has contributed to problems in the past (one person referred back to Bahamar). The batsman who bats for himself only has no problem running out his partner, and its only when the last wicket falls and leaves him stranded does be realise his failure. I see no dark secrets in the AG's actions, however I see others concerns that must be addressed.
licks2 8 years, 1 month ago
Your use of a Caribbean analogy gave you away. . .you would not see. . .as we say here in Bahamas. . ."fishman don't call he fish stink". . .I hear ya there. . .
Emac 8 years, 1 month ago
@Theobserver1 Sure you're not the AG or a family member of the AG posing in this forum as just another citizen??? It is interesting that you signed up a month ago when this issue got started. And the only comments you have written is about this matter and your comments leans in favor of the AG? Hmmmm....
SP 8 years, 1 month ago
.. We Can Start Trusting The PLP After A Forensic Audit Of The Office Of Prime Minister ..
Never mind the wicked witch. Focus on the dancing clown!
alfalfa 8 years, 1 month ago
Big Bad Brad issued a press statement of support for the AG's Nolle decision, now party leaders are saying that they are in the dark about the same thing. Are the Chairman and the "kept in the dark leaders", in the same party? How is it that he is not complaining about being "kept in the dark"? Is this just another party front by those claiming to be "kept in the dark", to appease the unions? Would someone please turn on the lights.
TalRussell 8 years, 1 month ago
Comrade Alfalfa, there's no denying the contradictions are strikingly the opposite when it comes to what members of this PLP cabinet say they will do for working class workers and don't. You'd think when they talk of doing right for the working class that brought them back to power, they'd choke on their vain words. What they've done to is to wake-up every morning to assault the working class, by underestimating their intelligence to figure out what in the hell is happening to our Bahamaland.
Vain sounds more balanced than to call them outright damn liars, who are far better at downgrading the middle class to the ranks of the poor, than the better way that the late Pindling and Milo, went about transferring many thousands up and out of the ranks of the poor class up into the middle class.
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