The Tribune

By KHRISNA VIRGIL

Deputy Chief Reporter

kvirgil@tribunemedia.net

FOLLOWING the arrest and release of former Nassau Village member of Parliament Dion Smith and several Bahamas Agricultural and Industrial Corporation employees in connection with a police probe into “theft by reason of employment,” attorney Wayne Munroe said a team is “looking at” whether there are grounds for his clients to sue over the handling of the matter.

While the noted attorney said there is no need to rush into taking legal action over the matter, two separate contexts will be explored before a final decision on the next move is made.

Mr Smith was appointed executive chairman of BAIC under the Christie administration and Mr Munroe said as far as he knows, that appointment has not expired.

On Sunday, Prime Minister Dr Hubert Minnis denied accusations that the probe was a political “witch hunt”, adding that his government will not “interfere” or “obstruct” the Royal Bahamas Police Force as the organisation carries out its work.

It was his response to a warning from Official Opposition Leader Philip “Brave” Davis last week that the new government should avoid succumbing to widespread expectations of “witch hunts” as he raised concerns over an excessive display of force by police at BAIC.

“I am corresponding with the Ministry of Agriculture over the fact that people seem to think that Mr Smith isn’t still chairman at BAIC,” Mr Munroe, QC, said in an interview with The Tribune yesterday.

“When as far as we know he is. So to avoid any awkwardness we correspond with them to set up the position and give them the opportunity to respond.”

Mr Munroe said it was his understanding that Mr Smith’s appointment does not expire until June 30.

“...Which doesn’t mean that it can’t be revoked, but it means that if it has to be revoked then he would have to be given notice of it, and there are certain things that would have to happen.”

Asked whether Mr Smith or any of the employees were considering legal action over their arrest and detainment, Mr Munroe continued: “We are looking at it. There are two contexts when you look at whether there was anything wrongful with the initial arrest and then whether there was anything wrongful with the detention over the evening.

“So for instance it may be just that the mere arrest may be wrongful and the detention even at that point may be wrongful as well. Even if the case can be made for an arrest, detention overnight may not be justified.

“So from our point of view there is no need to rush into anything. We need to consider it carefully and take full statements from everyone so that when we file an action we’ll have everything.”

Last week, eight BAIC workers were arrested, part of a probe into “theft by reason of employment” at the corporation.

While the workers were later released without charge, Mr Smith, who is also the former deputy speaker of the House of Assembly under the previous Christie administration, was also taken into custody Thursday.

He was released on Friday.

Last week, Mr Munroe told The Nassau Guardian that his client decided to watch the May 10 general election results at BAIC last Wednesday and had taken his speaker and television set to the building.

He also claimed that the former MP and several BAIC workers packed these items and other personal belongings after Mr Smith learned he had lost his re-election bid.

Asked to respond to Mr Davis’ accusations, Dr Minnis said on Sunday: “No, no, no. We have said repeatedly that we are a transparent government; an honest government and we will treat all people equal.

“We are a government for The Bahamas (and a) government for the people. It’s the people’s time,” Dr Minnis continued following a service of thanksgiving at Cousin McPhee Cathedral for the Free National Movement’s victory at the polls.

“We will not interfere with the police. We will allow the police to do their job and not obstruct it and let the chips fall where they may,” he also said in another telephone interview with The Tribune on Sunday afternoon.

On Thursday, Mr Davis issued a statement in which he took issue with the treatment of the employees, all of whom were said to have worked with Mr Smith, and suggested that both the government and law enforcement owed the country a full explanation.

He questioned why police officers visited the government agency with guns drawn to investigate allegations made against workers, characterising the “Gestapo style” approach as “overkill”.

His statement was released hours before police arrested the former Nassau Village MP.

“Descending on a corporation during working hours Gestapo-style with guns drawn in the circumstances of the allegations made against the employees seems like overkill,” Mr Davis’ statement read.

“None of these people would have been armed and no arms were involved in any of the allegations. The new government has to be careful that it does not live up to the widespread expectation of witch hunts by them following a campaign.”