Jean Rony Jean-Charles
By AVA TURNQUEST
and NICO SCAVELLA
Tribune Staff Reporters
THE GOVERNMENT on Friday filed an urgent appeal against Justice Gregory Hilton's landmark ruling on Bahamas-born deportee Jean Rony Jean-Charles, making its case that the administration of good governance could be significantly affected.
Among the grounds for appeal, it was stated that Justice Hilton was wrong in law and principle, and overreached his Constitutional authority when he ordered the government to immediately issue a travel document for Mr Jean-Charles to allow him to return from Haiti to the Bahamas at the government's expense, and to grant him legal status no later than 60 days after his return.
Legal counsel has also requested Justice Hilton's order be stayed pending the outcome of their appeal.
In the certificate of urgency, obtained by The Tribune, Kenny Thompson, Assistant Counsel in the Attorney General’s office states: "The appeal involves the interpretation of Constitutional provisions and the Immigration Act. Further this appeal has far reaching implications and is a matter of national importance to the Government of the Commonwealth of the Bahamas and to the country as a whole and a speedy resolution of this matter will provide clarity in the area of Immigration Law."
Mr Thompson estimated the hearing would take three days.
Justice Hilton ruled that Mr Jean-Charles' rights under Article 19(1), (2) and (3) and Article 25 (1) of the Constitution have been breached, and ordered the government to pay Mr Jean-Charles for the breach "in such amount as to be determined" after hearing submissions by counsel.
In his 39-page ruling, he found that Mr Jean-Charles was "unlawfully expelled" from the Bahamas on November 24, 2017, after having been unlawfully detained from September 17, 2017 to November 24, 2017, in breach of his right guaranteed under Article 25(1) of the Constitution.
The government's notice of appeal motion, stated the learned judge erred in relying on third-party evidence, that of Mr Jean-Charles' sister, to support a constitutional claim; and further argued that the affidavit "fell away" once his habeas corpus application was dismissed.
A hearing date had not been set up to press time; however, The Tribune understands the matter may be scheduled for Monday afternoon.
On January 31, the Passport Office issued an emergency travel document valid for one year for Mr Jean-Charles, and lists the 35 year old as a Haitian national.
Attorney Fred Smith, QC, has protested his client's identification as a Haitian national in court, his receipt of the document was not to be regarded as an acceptance of that status.
Comments
My2centz 6 years, 10 months ago
It's great they are filing an appeal. However, his constitutional right expired at 20. The laws clearly need to be updated. But meanwhile, it's ridiculous to use the courts to enforce or deny claims that do not adhere to the constitution. This countersuit is just as bogus and essentially enforces at birthright status, or citizenship. Regardless of which side "wins", it will still be a landmark ruling with far reaching consequences for the country.
bluesky 6 years, 10 months ago
Who is footing the bill for this case, obviously not Jean Rony. Is it Human rights, Callenders & Co or Fred Smith personally?. Who will be responsible to pay cost if the case goes to the privy council and the Government wins?
Required 6 years, 10 months ago
You and I are footing the billl. For while the initial ruling contains indeed some parts that are open to challenge, the legal argument at the core is clear: immigration needs to take people before a magistrate within 48 hours after detaining them, and must not deport people without a valid deportation order. His constitutional rights were violated, and they didn't even follow the Immigration Act. So, government will lose, lawyers will get richer, and you and I get to pay the bill as the stupid taxpayers we are.
TalRussell 6 years, 10 months ago
Ma Comrades, the Imperial red state's filing an 'urgent' appeal is about as abusive of the constitution as the appeal court needs to toss out the state's appeal.... bearing in mind there was nothing urgent about Jean Rony being only but one of thousands tossed out country without due process by consecutive governments including three previous Papa Hubert's 15 years red reign.This Imperial red state is now into its 20th year abusing the constitution and the appeal Judges should laugh at the plea sudden urgency. You'd thought PM Minnis, his immigration minister Brent along with AG Carl Wilshire should've, would've known you just can't dispatch your immigration officers be swooping a grown man's born as a baby on Bahamaland soil - up and off the public street whilst out buy a single plain cigarette and buy it and looking forward smoke it lawfully he was doing. The appeal Judges need tell the red state, look this was not a marijuana cigarette Jean Rony, once a Bahamalander baby was out buy, look that face, does that looks be face weed smoker? Appeal dismissed and with costs King's Counsel.
sheeprunner12 6 years, 10 months ago
The Creole Advocate and Judge Hilton must be investigated for collusion ...... This ruling should not have even been acted upon and entertain bringing Jean Rony back here.
This is just another foolhardy waste of precious Bahamian Treasury funds and court time and resources ............ How much wasted money has Red Fred cost the Bahamas over the years??
DEDDIE 6 years, 10 months ago
Not wasted money at all. Its a plus when the constitution of the Bahamas is defended and upheld. I hope Fred Smith takes on police brutality. We as a society have come to accept that killing and beatings by the police is normal.
sheeprunner12 6 years, 10 months ago
Well ......... maybe you are an illegal Haitian (or a sympathizer) ...... then Red Fred is a hero to you.
What is going on right now with this Jean Rony case is a national waste of time.
DEDDIE 6 years, 10 months ago
I have been a Bahamian at the very least as long as you. Before then a British subject like everyone else. Well you got me on the latter. I am an admirer of anyone who fight injustices. I have pictures of Mandela and Martin Luther King openly displayed. Just like Fred Smith both men were hated and ridicule by the side opposite but loved by the people they fought for.
ohdrap4 6 years, 10 months ago
Me too!!! righ underneathe PGC's picture.
sheeprunner12 6 years, 10 months ago
This is not fighting injustice ........ this is an unjust and unwise legal ruling by a rogue judge. A judge does not have the right to create legal tumult because he/she may have a hidden agenda .......... Hilton should be disciplined by the CJ for this stupid unconstitutional ruling.
Emac 6 years, 10 months ago
Why are you even trying to debate with that one, when anyone can see whose side of the fence he/she belongs. Like the old saying goes, a fisherman will never call his fish spoil. No matter how we fight it, Haitians will always be for Haitians. Now is the time for Bahamians to come together and demand that this government bring a referendum to the people to amend the Constitution regarding who can apply for citizenship. Every country in the world is disgusted by the influx of the unwanted Haitian nationals!
DEDDIE 6 years, 10 months ago
Emac, you find it difficult to believe that some Bahamians are humane. There were some white people who march with Martin Luther King and also there were whites who supported majority rule. They too were label niggers or nigger lovers. Its amazing how history repeats itself.
My2centz 6 years, 10 months ago
We are for the most part humane people. When in our history have we ever been violent toward illegals and/or Haitians or not shared the wealth of the country with them? We don't have to sing a happy tune as we do so, or as watch the country rapidly evolve in Haiti. It's disgusting how people like you try to make it taboo for Bahamians to stand up for Bahamas by labeling it something offensive.
TalRussell 6 years, 10 months ago
Ma Comrade Emac can drive over human society to adopt a dogie or cat, take new adopted friend home to be feed and given plush toys, bathe, nourish and take to doctor regular shots, love and cuddle with but oh no - not if it barks in creole.
So, amazing what goes into peoples head when they think language separates us.... for if we put Jean Rony in a police lineup black suspects of similar heights, head and facial hair, etc, there's no telling he couldn't have been born at PMH, no different than Emac.
My2centz 6 years, 10 months ago
What does his physical appearance or language have to do with anything?
His case is filled with holes starting with his unverified birth certificate where his sister was allowed to sign an affidavit in lieu of and the fact that he never applied for status, before or after the window. This justice conveniently applied and disregarded laws within the same article to reach his verdict. And to top it off, he went above his level of authority to demand status, for a man who never applied for status. His ruling also essentially, rendered immigration officers powerless in performing their jobs. These are the issues, his complexion and height have nothing to do with it.
rawbahamian 6 years, 10 months ago
I was under the impression that The Law states that if you are born here to ILLEGAL IMMIGRANT PARENTS then you have to apply for citizenship at the age of 18. Should you CHOOSE to not apply then you are subject to capture and deportation back to your parents homeland. SIMPLE !!! The ONLY RIGHTS illegal immigrants have here in The Bahamas, is the right to leave and either go back home or elsewhere. We are not responsible for their plights and people like Fred Smith and Judge Hilton are going against the written law for their own agendas. If they feel so strongly for these people, then show us by packing up and relocating there and deal with THEIR ISSUES where they are !!!
DDK 6 years, 10 months ago
Amen!
sheeprunner12 6 years, 10 months ago
Read Article 7 ......... it says NEITHER of his parents is a Bahamian ...... It does not say legal or illegal ....... But if you are born to Haitian parents in The Bahamas, the Haitian Constitution says that you are Haitian ...... If you are born in the USA to Bahamian parents, you are a Bahamian ..... DUHHHH There is NO birthright citizenship clause in the Bahamian Constitution .... The people have a right to apply at 18 ...... that is all they are entitle to.
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