Attorney Fred Smith.
FRED Smith, QC, has condemned Attorney General Carl Bethel for his “cowardly and shameful attempt to muzzle freedom of expression” and “intimidate” activists who he said are only seeking to educate the public about their rights.
Mr Smith, president of Rights Bahamas, said the advocacy group takes any attempt to curtail the freedoms enshrined in the Constitution very seriously and is preparing a report on the “bully tactics” of the current administration to present to the international community.
He was responding to strong statements Mr Bethel made Sunday about a pamphlet circulated by Rights Bahamas.
“His complaints about a recent publication by Rights Bahamas are petty, irrelevant and totally lacking in merit; meanwhile, his threatening language toward human rights defenders should be considered highly dangerous by all Bahamians who defend democracy and fundamental rights,” Mr Smith said in a statement.
He accused Mr Bethel of using language similar to former Minister of Immigration Fred Mitchell, who he labelled an “anti-human rights scourge.”
“. . . The attorney general suggested that Rights Bahamas is somehow attempting to subvert good governance and the rule of law by outlining for members of the public their rights and privileges under the law,” Mr Smith added. “This is pure nonsense – our mission is precisely to defend the rule of law at all times, particularly from individuals in positions of power who would seek to curtail people’s personal freedoms in the name of political expediency.
“Bethel has absolutely no right to seek to silence activists in this anti-democratic, abusive fashion and I put him on notice that if he continues down this shameful road, we will have no choice but to embarrass the FNM on the high profile international stage – just as we did the Christie administration.”
On Sunday, Mr Bethel pledged to defend the country’s borders and the “patrimony of Bahamians” from a “long-running silent invasion,” as he hit out at Rights Bahamas for disseminating “inflammatory” and “misleading” information about the country’s immigration laws.
He accused the “self-appointed human rights group” of disseminating “highly offensive, inflammatory and deliberately deceptive and misleading” information about the country’s laws on immigration and rights, as well as presenting “false depictions and analyses of significant aspects of Bahamian law.”
Mr Bethel also said while people and groups have a constitutional right to freedom of speech, that right is “subject to limitations” and cannot be misused to “spread propaganda, create hysteria and perpetrate deliberate inaccuracies to accomplish a specific agenda.”
He added the government will not allow that sovereign right, along with its “solemn duty” to maintain the rule of law with decency and common humanity, to be “subverted by any person or group of persons.”
He also lashed out at the group for juxtaposing stock photos from other parts of the world with local scenes, to give the impression the events took place locally.
However, Mr Smith questioned why Mr Bethel was so perturbed by this fact.
“According to him, the use of a few stock photos in the publication, among many locally sourced images, somehow constitutes a deliberate attempt to mislead the public, spread propaganda and cause mischief,” Mr Smith said.
“This is vintage Mitchell conspiracy theory talk and quite clearly utter foolishness,” he said, also asking rhetorically if the attorney general does not think human rights abuses occur in the Bahamas.
“As for his claim that Rights Bahamas is misrepresenting the law when it comes to immigration, I would urge him to look to the many recent decisions by the Supreme Court of the Bahamas which overwhelmingly support our interpretation of the law and negate the claims of politicians that they are above it. He should also take some time to peruse the sworn statements of so many detained individuals who were vindicated by the courts, which speak in detail to the abuse, neglect, violence and corruption within the Immigration Department. The truth hurts, but that is no excuse to shoot the messenger.
“Speaking of the rule of law, it is utterly absurd for the government to continue to allow a rogue Immigration Department to run rampant, ignoring the judgments of the court and doing as they please with people’s lives, while Bethel and his colleagues get all worked up over a small informational booklet.”
Mr Smith said the Free National Movement ran on a campaign of progressivism and respect for the rule of law, but instead appears to be giving more of the same of what was experienced under the Christie administration.
“We remind the FNM that they courted civil society and human rights defenders, stood shoulder to shoulder with us during the We March demonstrations and paid lip service to the rights and freedoms enshrined in the Bahamas constitution. How far they have already strayed from that posture is made clear by Carl Bethel’s words.” said Mr Smith.
“A report on the anti-democratic bully tactics employed the current administration is being prepared for circulation to the Inter-American Commission on Human Rights, and the UN Human Rights Council; as well as Amnesty International, Human Rights Watch, Robert F Kennedy Human Rights and several other international watchdog groups,” Mr Smith said.
Comments
Porcupine 6 years, 9 months ago
Asking Bahamians to abide by the law.............................................. Imagine that. Try driving on the streets of Nassau. Try using facts in an argument. Try getting transparency and honesty from our government. If not for the likes of people such as Fred Smith, I can't imagine how low this country could fall. Hey, I don't agree with everything he says and does. But who the hell else with any voice in this country fights for the average man? Someone in our government? Let's get real for a change and look outside our smoky windows. It's a big world out there.
My2centz 6 years, 9 months ago
When lawyers like Fred Smith and Justice Hilton, use the courts to uphold what is illegal because it reflects their personal convictions...they are making a mockery of the legal system. Advising people that law enforcers are powerless, when the constitution states otherwise, is again mocking the system. This man is not about "abiding" by the law, he likes to hover above it and encourage his 'clients' to do the same. His real impact on the country, if successful, will not be a positive one.
Porcupine 6 years, 9 months ago
Then let the Bahamian courts decide what is the law. That's what the courts are for. Smith is merely a lawyer, he is not a judge.
My2centz 6 years, 9 months ago
Exactly. I was simply disputing your claim that Fred Smith is about enforcing the law. However, vigilante justices like Hilton need some disciplinary action and/or continuing education. Rulings that overreach a judge's authority and contradicts law, is what legitimizes Fred Smith's unconstitutional efforts.
BigSlick 6 years, 9 months ago
Susie Thompson?
DWW 6 years, 9 months ago
One cannot simply assume that as soon as uniform is donned, that the person wearing the uniform is instantly transformed into the perfect unblemished person. The cloth does not make the man or woman. The actions do. We all know that what goes on in the detention centre is not in any way shape or from lawful or right. you might as well set up a firing squad while you are at it.
My2centz 6 years, 9 months ago
What assumptions did I make about the detention center or immigration officers? Seems like you are though.
The same can be said, in fact I said it, of individuals who tout themselves to be defenders of the constitution but celebrate unconstitutional victories, and distribute flyers that not only contradict the law but essentially tells illegals to disobey law enforcement. There is something seriously wrong that.
hrysippus 6 years, 9 months ago
Pouryourwine, good post, so many of the other posters are so obviously paid by unsavoury plp operatives to spout thoughtless cliché, after cliché as an alternate to reasoned arguments.
sealice 6 years, 9 months ago
Bethel is right in some sense of what he's saying - giving a pamphlet with non bahamian pictures and a Shiteton of big words that none of them can understand is sensationalizing this thing even more..... And why if he's so "uphold the law" can't he accept that they are illegal aliens? We have enough problems without trying to fix another countries problem...
DDK 6 years, 9 months ago
Don't think this man likes The Bahamas. Wonder if the learned QC is familiar with the term "treason"?
TigerB 6 years, 9 months ago
I gave this some taught, if Fred defends every so call illegal, he stands to make a ton of money if those Immigration officers doesn't get those persons to court in a timely manner, it will be civil side of the cases he will focus on, and he stands to win them all based on the constitution, if those persons are charge and not sent to court within a 48 hours period. That is hard considering the officers have to make up court files just as the police do. I'm wondering what other lawyers is also looking at this in this sense. I hope no one else get on board, it may be a money making affair for them all as they will file law suits against the government..
DWW 6 years, 9 months ago
well for starters we could modernize the system so that every statement and file doesn't have to be hand written. it would be a very good start given the quality of education and simple spelling ability of the average bahamian. ever given a statement to the police in this country? seriously, 2 paragraphs takes 2 hours.
DWW 6 years, 9 months ago
and copied by hand. and lost 3 times. And ever noticed that the police stations are using commodore 64 computers from the 90's that they stopped making parts for 20 years ago.
birdiestrachan 6 years, 9 months ago
What did "We march" come out of??. There were Those
fronting it, but it came out of some deep darkness. it goes very deep. it was a wicked plot.
It was wrong to use stock phots, Perhaps the FNM Government never heard "When you lay down with dogs you will get up with fleas. and do not hold snakes to close. They will bite. Do not sell your soul to the devil. When one wants to win at any cost, they stop to low
OldFort2012 6 years, 9 months ago
Smith is right insofar as the Immigration Department is obviously staffed by morons incapable of setting up a legal and efficient system for deporting the thousands of illegals here.
If they did that he could not complain or profit. I wonder if he is paying them to be this inept?
hrysippus 6 years, 9 months ago
and again the elected politicians have sleeked to restrict the very people they have been elected to serve. Mitch Hanna was a good example when he tried to include in the constitution a clause that would only allow citizens of the Bahamas to move from one island within the Commonwealth to another with government permission, thankfully the British Foreign Office would not countenance such an abrogation pf power to elected officials. The so-called spy bill has so much opportunity for evil people in positions of power in our government to use the information that will be then entitled to collect for nefarious ends. Fred Smith has consistently warned us of the danger inherent in this bill. I hope we listen. With regards to the comments of the AG, I may be wrong, but he seems to have an issue with the way in which the courts have acted regarding immigrants, seems a little strange to me since he is a very important part of the system he may be criticising.
Economist 6 years, 9 months ago
We will have to wait and see what the Court of Appeal has to say. But, at the moment the law is what the Supreme Court says it is.
birdiestrachan 6 years, 9 months ago
When the outspoken QC takes the FNM Government to the international agencies including Mr: Robert Kennedy will he also present his publication with the stock photos??. He is also wrong to paint all Immigration Officers with the same brush. They are not all bad
Mr: Smith has expressed his desire to have a Haitian Political party in the Bahamas. The more Haitians that are allowed in the Bahamas will make his dream come true.
All should pay attention . inch by inch. day by day. that is how changes come. While folks are asleep.
Chucky 6 years, 9 months ago
Birdie, you may be right in saying that "all Immigration Officers" are not bad.
But the truth is, and history has proven that the "peaceful majority are irrelevant" .
In this case a few decent immigration officers , they are irrelevant. The bully scum immigration officers will do their crimes, and the few decent ones will turn a blind eye. Notice, not one "good " immigration officer has stood up to and called out the wrongs!
All major crimes of history have been committed by relatively small segments of societies, here it's not different, except that the larger majority tends to support the actions.
The Bahamas, the county we have spent our lives in, has for the most part a large majority of problem people, with few good people, and even fewer good people who actually stand up for what's right.
Mr. Smith is standing up, notice how unpopular this makes him. The general populous calling for him to be sent away.
Notice, this is exactly how our society is on every major issue.
Bahamians are fools, uneducated, big mouth, nasty , lazy , stupid fools for the most part.
We need as many good ones to stand up as possible, and for the rest, well if they can't stand along side, then they should go back into their caves and bury their heads.
When you add no value, you are a waste of food.
Porcupine 6 years, 9 months ago
And to support your argument, a quote from Martin Luther King Jr. "Our lives begin to end the day we become silent on things that matter." I appreciate your perspective.
TheMadHatter 6 years, 9 months ago
Can someone please by this clown a one-way ticket to Haiti and our immig put him on a most-wanted list so he can't return?
He will be perfectly happy down there.
sheeprunner12 6 years, 9 months ago
Indeed .......... Fred Smith QC (Quite Contrary) creates unnecessary friction by his outlandish claims against the State ......... He is given too much of a bully pulpit in our courts.
licks2 6 years, 9 months ago
He has no bully pulpit. . .Bahamians are just too ignorant of their rights, reservations, objections and derogations in those 25 UN Accords. . .I have done some reseach for goernment on that matter. . .the PLP governments followed the findings but the FNM governments seem never had any real "guts" to use its rights. . .those rights are only reasons those other international HR bodies are not "coming down" on us over the "Haitian" issue. . .we are following all rights that they gave us in the accords. The FNM government is the only governments who seem to "play soft" with this issue. . .that's what Smith is "being nasty about". . .the FNM een want to "man-up" and do what they have to do! Smith trying to "bully" the FNM then into doing something "soft" so that HIS PEOPLE CAN STAY IN THIS COUNTRY ILLEGALLY. . .THOSE WHO ARE LEGAL DON'T NEED HIS HELP. . .THE LAW PROTECT THEM!
TheMadHatter 6 years, 9 months ago
Sheeprunner. True. But the real question is WHY does this man hate the Bahamas so much that he wishes to destroy it?
CDU needs to bring him in and get him to answer that question. I understand they have a way of convincing people to be open and honest.
Porcupine 6 years, 9 months ago
Throughout history, the arguments for killing the messenger, for crucifying the "troublemakers" remain the same, Meanwhile, the masses willingly remain firmly entrenched, arms locked, in a downward social spiral.
TheMadHatter 6 years, 9 months ago
Porcupine ... why don't you hire a huge boat and make a thousand trips and bring all 12 million of them here. Hurry up. It's a humanitarian crisis!!!
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