The Tribune

By AVA TURNQUEST

Tribune Chief Reporter

aturnquest@tribunemedia.net

ATTORNEY and former Progressive Liberal Party candidate Wayne Munroe yesterday suggested that the government’s handling of judicial matters involving environment group Save The Bays will be the first test of the new administration’s commitment to transparency.

The QC said the Free National Movement’s transparency pledge necessitated a public disclosure of whether any Cabinet minister benefitted from contributions from the group, and if so, to explain the nature of the contribution and whether it constituted a conflict of interest.

Mr Munroe added that the test applied to matters concerning affiliated groups like the Grand Bahama Human Rights Association, of which many STB directors also hold executive posts.

“I don’t know that (Attorney General) Carl Bethel is conflicted,” he said, “persons around the Cabinet table would be conflicted. Since we talk about transparency it would have to be clear that they don’t participate in any deliberations, and they would have declared interests if they benefited from contributions. The FNM ought to say whether it benefited from a contribution.

“If I got a contribution I should then say the basis of which I do not feel that I’m conflicted by having this contribution. It’s a very important early test for the government if they’re going to be transparent. It can be simple, yes we got a contribution but no it’s not a conflict and this is why.

He added: “The question is are they going to do that. I doubt that they will. It’s the first test, I don’t know whether it conflicts them but if they’re talking about they’re going to be doing everything out in the open.”

The environmental group has four sets of judicial review proceedings in relation to alleged unauthorised construction and Crown land reclamation activities of Lyford Cay fashion mogul Peter Nygard at Nygard Cay, and the failure of the government to take appropriate action, including the prime minister, deputy prime minister, the Town Planning Committee, the director of physical planning and others.

Marathon MP and Minister of Environment Romauld Ferreira previously served as a director for Save The Bays, and stepped down from the post ahead of the general election, according to Fred Smith, STB legal director.

Mr Ferreira is a plaintiff in the murder-for-hire lawsuit filed last year against Mr Nygard and his lawyer, Keod Smith, by four Save The Bays (STB) directors, including Joseph Darville, Mr Smith and Louis Bacon. Reverend CB Moss, who is not a part of STB, is also a plaintiff.

In March last year, Mr Ferreira stated that he was not being financially compensated in his capacity as a director with the environmental group, adding that any earnings from STB came as a result of legal work done for the organisation.

At that time, Mr Ferreira said as far as he knew, none of the organisation’s directors were receiving salaries for their posts.

Mr Ferreira did not respond to requests for comment up to press time.

Mr Smith told The Tribune yesterday that he had not yet reached out to the new government concerning ongoing litigation in a bid to allow incoming ministers - who are now defendants - to familiarise themselves with the matters.

He added that he had not spoken to Mr Ferreira concerning the private murder-for-hire lawsuit.

“I am optimistic that with a sensible and transparent new administration, that is committed to the rule of law,” Mr Smith said, “that we will be able to engage in discussions that will protect environmental rights and also uphold the laws passed by Parliament.”

When asked whether the group would drop litigation if negotiations began with the government in good faith, Mr Smith said: “The cases are too complicated to simply say they can be dropped.”

Mr Smith continued: “I am very hopeful that with the prime minister’s expression that his government is committed to the rule of law that we will be able to have sensible and constructive dialogue with the government on many of the issues raised by the judicial reviews.

“There obviously will be cost issues involved in each of the cases but much of the costs in the judicial reviews has arisen because of Nygard and Keod Smith and the (former) prime minister’s recusal and bias motions and then their appeals so these cases could have been resolved years ago if not for the breach of the injunctions, the bias applications, the appeals of the bias applications.”

In April, Mr Smith stated that he donated an undisclosed amount of money to the FNM. He was responding to claims made by former Fox Hill MP Fred Mitchell at a campaign rally.

At the time, FNM Chairman Sidney Collie said there was nothing “unusual” about Mr Smith’s admission as he was a “card carrying member of the FNM.”