AG distances office from PLP misfeasance allegations on social media

As of Friday, June 23, 2017

Attorney General Carl Bethel.

By AVA TURNQUEST

Tribune Chief Reporter

aturnquest@tribunemedia.net

ATTORNEY General Carl Bethel yesterday distanced his office from allegations of misfeasance made against the former Progressive Liberal Party government in the House of Assembly and on social media.

Mr Bethel stressed that the Office of the Attorney General would not get involved in the "day-to-day political wrangling on these issues", adding that there were "different considerations" in the exercise of his duties.

He underscored the balancing act between his political appointment and the independence mandated by his office during his contribution to the 2017/2018 Budget debate in the Senate.

"I want it clear that I continually caution the press," he said, "that the Attorney General is not a minister that can be questioned on everything that happens to be said by someone somewhere else and expect to get an answer because he has to exercise quasi-judicial functions with the utmost seriousness and utmost dedication to upholding the law and the constitution."

His statement follows accusations levelled by Works Minister Desmond Bannister, who told Parliament that some members of the Christie administration are “guilty” of misfeasance.

Mr Bannister suggested that Mr Bethel will have to determine if they should be held liable for the “millions” in taxpayer dollars that were awarded in questionable contracts.

In the Senate yesterday, Mr Bethel issued a scathing rebuke of the former government's management of the country's affairs, which he asserted led Bahamians to express their "deep disquiet and visceral disgust" by voting the party out of office.

"Bahamians would have also heard repeated calls for the Attorney General to initiate ‘investigations’ of these apparent or suggested “abuses” or alleged acts of “misfeasance‘," he said.

"This is the situation which now confronts us. As Shakespeare wrote, ‘something is rotten in the State…’. People feel it, they sense it and the Parliamentary Debate in the Other Place has raised questions which might tend to support the perceptions and the angst of the public, as expressed in that Other Place and in social media.

He continued: "People want transparency, they want a full accounting. They are aware of legal developments in the Caribbean Court of Justice which enshrined the ability to sue former Ministers of government for the Civil Tort of Misfeasance in a Public Office, but which case also referred to touched upon the Criminal cause of action for Misconduct in Public Office."

Standing on a point of order, Mr Mitchell accused Mr Bethel of holding the threat of prosecution over the heads of himself and PLP senator Michael Darville, both of whom are former Cabinet ministers.

"Is an allegation being made about one of us committed some act of malfeasance?" Mr Mitchell asked, "if not this act of holding some threat over people's head needs to be withdrawn because I know of no act of malfeasance on my part, neither by this member and that's what the implicit threat is and impugning the characters of two people in here. I object to it."

Mr Bethel explained that while he premised his remarks on allegations made in the House of Assembly, he had not stated or raised any allegation of malfeasance. He said his intent was to make clear to the Bahamian people and media that his office would not "be bouncing around or chasing a headline, giving a snippet of a statement".

Mr Bethel added: "That is not the way this office operates, that is what I sought to make clear."

To this, Mr Mitchell said: "Don't come here being fast and lose, don't try to be quick and clever. If you have something, some act of malfeasance against the two people in here say so, but don't stand up here with the sword of Damocles."

The “sword of Damocles” is an allusion commonly used to refer to or encapsulate an imminent and ever-present peril faced by those in positions of power, or denotes the sense of foreboding engendered by a precarious situation.

In law, malfeasance refers to intentional conduct that is illegal or wrongful. Misfeasance is used to describe an act that is not illegal but is improperly performed. Nonfeasance refers to a failure to act where there was a duty to act.

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Well_mudda_take_sic 7 years, 4 months ago

This sly and coy nimcompoop has spent way too much time in politics frolicking and cavorting as a fellow politician with senior officials in the last PLP government. Consequently he has no intention whatsoever of prosecuting senior officials in the last government who he considers to be his friends, no matter what crimes they may have committed by abusing their public office and the public trust. It is for this very reason that Minnis gravely erred in appointing Carl Bethel as AG.

happyfly 7 years, 4 months ago

If this government does not set an example, will just have to vote them out again and give the DNA a chance next time

Reality_Check 7 years, 4 months ago

An overwhelming majority of Bahamian voters gave Minnis and his FNM government an unequivocal mandate, based on the many promises made during the election campaign, to investigate the major instances of corruption, fraud and outright theft involving senior officials in the last government and their PLP cronies in the private sector. We the people expect these individuals to be held accountable and responsible under the rule of law for their crimes against us and our country. Minnis will not get more than one year at most to do this. By then, if he fails, the level of widespread public discontentment will reach a crescendo and the long knives will be drawn by very influential and ambitious members of the FNM. And you can be rest assured one of the longer knives will be unsheathed by none other than Carl Bethel himself. Minnis had better carefully watch his back and make sure what he promised gets done by the most transparent means possible without any cute and coy interference by the AG with the proper outcome of justice that must be meated out to restore the public's confidence in government.

screwedbahamian 7 years, 4 months ago

Seem like we have two (2) separate governments going on in our Bahama land. One elected by the people based on campaign promises and one appointed with a different agenda. ITS THE PEOPLES TIME!!! Maybe???

DDK 7 years, 4 months ago

It's starting to look that way. Dr. Minnis averred quite often during the campaign that matters of corruption would be dealt with by the A.G. (not then appointed). Doc, if you and the Cabinet want the people to continue to Roc with you, best advise your A.G. to come up with evidence and prosecutions. If you wanna go Two Straight then you better not pull a Trump on The Bahamian People.

John 7 years, 4 months ago

When you talk to PLP's, no matter how 'educated' they claim to be, they have a whole different view about how their PLP government raped, robbed and ravished the Bahamian peoples' money and squandering funds. They don't see nothing wrong with hiring friends, lovers and family who are unqualified for a position, or paying two, three four times the value of a contract or allowing persons to collect three, or four times the value of their regular pay in overtime. Or when people are hired and don't show up they still get paid. They can't seem to comprehend the long term consequences of these actions, like how it has put the Bahamas in the financial position it is in today. An undesirable one. A four times downgraded credit rating. And their only justification: "Ain't y'all is do the same ting when y'all in power."

DDK 7 years, 4 months ago

Then they can't really be educated in the ways of the world, can they?

birdiestrachan 7 years, 4 months ago

The educated on this site do not understand. that the FNM was telling lies. First they said the VAT money was missing. then they said BAHA MAR deal was diabolic. They have problems with who received contracts. These things are not evidence. It can not stand up in a court of law. There is no concrete evidence. No one will be going to jail. so you will all have to get over the disappointment. and move on. this is coming from a "D" grader. Education is not common sense. the Bahamas has to many educated Fools. who love to wear their so call education on their chest. Book knowledge can be taught but wisdom and understanding comes from God.

So go ahead and correct my grammar and my spelling it is all right.

BahamasForBahamians 7 years, 4 months ago

Eat some FNM Butt Kalik!

sheeprunner12 7 years, 4 months ago

The FNM Cabinet must not back down from these PLP devils .......... If Carl refuses to prosecute all those who took part in these crooked deals and make them repay the State ....... then we will demand that Minnis finds an AG with back bone ......... No time to let these crooks slide now

John 7 years, 4 months ago

PLP's are like gamblers. They know the odds of winning are stacked against them (gamblers) so they go and lose up all their money, then promise to quit but as soon as they get the opportunity they are back to gambling. Likewise it is the PLP's nature to squander, misuse money and get the country into financial problems. Even knowledge and wisdom cannot change their nature. Everything they touched is overpriced, money gone missing or it didn't get completed. look at the numerous thousands of feet of sidewalks that remain incomplete. Did the contractors get paid for these already or just mobilisation monies?

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