Jean Rony Jean-Charles
By AVA TURNQUEST
Tribune Chief Reporter
aturnquest@tribunemedia.net
LAWYERS for Bahamas-born Jean Rony Jean-Charles are hoping his citizenship application can be supported by documents filed with the Immigration Department for his siblings.
Mr Jean-Charles has had difficulty sourcing documents for his parents in Haiti, a common phenomenon that was said to have stalled his application process in the eight months since he was returned to the country on a now-void court order.
Advertisements notifying the public of his intention to apply for citizenship were published in local newspapers this week, renewing discourse on social media over the controversial case.
Yesterday, his attorney Fred Smith said: “As you know it’s difficult for people from Haiti to get documents. Luckily for him, his siblings have previously applied and have been granted citizenship. So we hope his application can be considered based upon historical documents that are already in the possession of the Immigration Department, such as his parent’s birth certificates, marriage, etc.”
Mr Smith continued: “But the real point is that he has a birth certificate in respect of his birth, records of his attendance at schools, he has his medical and hospital records, and he even has a police record, all of which go to establishing his birth in the Bahamas and continuous presence.”
Back in February, Attorney General Carl Bethel noted Mr Jean-Charles’ case had unearthed a significant and far-reaching legal challenge over the verification of birth certificates.
A recent Court of Appeal ruling, which quashed an earlier Supreme Court order granting Mr Jean-Charles constitutional relief for his arrest and deportation, has reignited scrutiny over the 35-year-old’s identity and whether he can prove his claim to his own birth certificate.
For his part, Mr Smith maintained the position he held throughout Mr Jean-Charles’ trial proceedings – there was no legal basis for an individual to prove who they are.
“Let’s remember there is a presumption of innocence,” Mr Smith said, “he doesn’t have to prove who he is. The government never alleged or submitted evidence that Jean Rony Jean-Charles, who sued the government and in respect they issued a travel document from their own records at the Ministry of Foreign Affairs, and at the hearing of the Court of Appeal, there was never an allegation that the Jean Rony Jean-Charles that was physically before the courts, was not Jean Rony Jean-Charles.”
Mr Smith said the suggestion there was a legal obligation for people to prove who they are was only recently injected into Bahamian public life by former Immigration Minister Fred Mitchell.
“To this date,” he continued, “Jean Rony Jean-Charles has committed no offence known to the immigration law and yet he is being pilloried publicly because of this rumour about his identity.”
Comments
TheMadHatter 6 years ago
Carl Bethel should say a decision to grant citizenship will be made on Nov 30th but at that time if the decision is yes to grant it to Jean then the government will also grant citizenship to 50,000 other Haitians who are now in Haiti on a lottery basis and that the Bahamian office in Haiti is currently accepting applicants for the lottery pull up to a maximum of 100,000 applicants so that each person has a 50/50 chance of winning.
The Defense Force will provide transportation to the winners.
Let's don't beat around the bush. If we want Haitians lets get Haitians. There are 12 million to choose from. Repeat the same lottery annually.
DDK 6 years ago
Are you worried that there may be those that might take your suggestions seriously and start lining up?
TheMadHatter 6 years ago
No. I am not. This slow death we are suffering could be made more merciful and humane by simply getting it over with. Bring 200,000 in every 3 months. Bahamians LOVE Haitians - esp the Christian Council. It will be pure joy.
sheeprunner12 6 years ago
The case should be on its way to the PC ......... If Red Fred is bluffing, send the Haitian back home or give him p/residency ......... but NO citizenship (that will set precedent for all who didnot apply at 18 (like the Constitution stipulates).
TalRussell 6 years ago
Ma Comrades, the Privy Council would toss out the "must apply citizen at age 18" jack ass of a provision in we Constitution... and so should even the most junior we supreme court justices with even the most basic understanding we constitution.... surly a constitutionality misunderstanding something the common man's and woman's holding session peoples court on any one we street corners does fully comprehend must by age and only age 18 makes for no common sense and which we Bahamaland, does stands alone be written into any other country's constitution.
TheMadHatter 6 years ago
The law does not have to make common sense. The Privy Council can only base decisions on how they comply with the Constitution - not whether or not our Constitution is valid or makes sense, logical, moral, whatever.
TalRussell 6 years ago
Ma Comrade, don't we turn higher courts to rule on interpretation of we constitution. Are you even aware of a secret report in hands this and the previous government which clearly warns that 33.6% of we population if challenged to by authorities would not be able to certify their constitutional right citizenship... since when has it become legal to deport those individuals born on Bahamakalndr's soil?
licks2 6 years ago
I TOLD YINNA THAT FRED WILL NEVER TAKE THIS TO THE PC!! Again, I will say that Rony Jean WILL NEVER GET HIS CITIZENSHIP AS LONG AS HE HAS A STUPID LAWYER "TALKING ALL KIND OF DUMB CRAP" ON HIS BEHALF!!!
I can't believe that that lawyer said "nobody have to prove who they are. . . the presumption is innocence". . .you gatta be kidding me! That dumb statement just caused Mr. Jean any "hope" of "feeling sorry for him". THIS CASE IS LOST FROM A LEGAL STAND POINT. . .ALL DOORS SHUT TIGHT FROM MR JEAN!! SMITH'S STATEMENT MAKE LESS SENSE BECAUSE THE COURT'S LAST RULING WAS "WHO IS RONY"? THAT'S THE LEGAL HURDLE EVERY OTHER DEALING WITH MR RONY IS THE PIVOTAL POINT TO MOVE FORWARD!! YINNA HEARD WHAT BS SAID. . ."THIS CASE IS GOING TO THE PC". . .
hrysippus 6 years ago
Well done, Fred Smith, a victory for human rights and decency. Bigotry should not be acceptable in modern Bahamas but it would appear that some of my fellow posters disagree.
TheMadHatter 6 years ago
It's nothing to do with bigotry. Are you saying that anyone on Earth who is BLACK should be given a Bahamian passport?
themessenger 6 years ago
Bey, our people specially our black peeps does really love other black peeps specially if deys be hyshin or yardies dem. Hope when da shoe on da other foot no one corn gettin mash.
TheMadHatter 6 years ago
Exactly. I dont know how Bahamians can be so stupid to let them in and at the same time be smart enough to know better than to try do the same in Haiti or Jamaica. They know they woukd get chop and lock up. Try go Jamaica and just put up a shack and start working.
jackbnimble 6 years ago
This man just does not want to be deported to Haiti. I don't think he cares what he gets at this point as long as he's not deported.
Funny thing is if they lose this case at the PC level, Rony has no one to blame but Smith who will look like an idiot on an international level. I actually feel sorry for Rony to allowing himself to be a porn in all this. Smith is trying to set legal precedent for all the illegals running around without papers or fake ones. if this goes through, millions will follow... I'm guessing this is what they really want.
TalRussell 6 years ago
Above my bloggers pay scale understood why minister of immigration Brent Theodore, along with AG Carl Wilshire - has taken such a vocal hard on - public stance against regularising comrade Jean Rony...... cause can't be personal hard on in their pants against King's Counsel, who has publicly acknowledged he made handsomely financial donations send the 35 red shirts 2017 general election candidates go sit up in House.
SP 6 years ago
If the Bahamas did not have the economic burden of Mr. Jean Rony and 100,000 other Haitian parasites economic migration, which for years has placed great demands on our country’s capacity, draining our education, social, medical services and jobs, there would be absolutely no need of any additional schools every year, no VAT and NHI taxes, less crime, safer driving conditions and a surplus of construction, blue collar and white collar jobs!
The Dominican Republic complained bitterly noting that in the first half of 2010, one-sixth of all live births in her country’s public hospitals were to Haitian mothers. For several decades In the Bahamas, up to 65% of live births are to Haitian nationals. At this rate Bahamians are being actively breed out of existence by illegal, invading parasites that would like nothing more than to see their Haitian flag flying at the Prime Ministers office.
In the interest of the national security of our country for future generations of Bahamians, Mr. Jean Rony and all others of Haitian decent must not simply never be allowed citizenship, but must be deported!
bogart 6 years ago
SP.......excellent you touched on the economic impact.....goes further First some basics that it is difficult to patrol to secure borders ....realistically there are 3 nations on Bahamas doorsteps..... wid 30 million plus increasing population....increasing social challenges...with now visible noticable increasing populations communities of Dominicans, Cubans and Haitians within Nassau....and exceeding likely to get even larger with other groups coming into the Bahamas ....usually with expectatons of getting into the US...as was for years indoctrinated into minds of Bahamians by incapable leaders knowing the countrys financial inability...and lack of political will. Laws need to be stiffemed amended....significantly stiffer penalties for illegals and employers..human traffickers.....right away....same or greater than that for poachers.......revamped and separate Homeland Security...where erry illegal gardener aint gon have dere Pastor or persons of influence interfering....one govt dept glaringly creating loopholes...while the other department enforcing.... Simply put ...the whole issue needs to be revamped....and taken in light of...hard to defend geographyby small distinct Bahamian population...challenging Defence budgets......funds for catering to illegals ...instead of growth for Bahamas......in light of burgeoning increasing incursions air...sea...all means...by surrounding nations wid like 30 million people .....on da Bahamas doorstep....other means are now necessary like stiffer laws to staunch illegal flows....instead of continuing present path to being REcolonized .....by 30,000,000 foreign speaking population within.....and... on Bahamas doorstep....
birdiestrachan 6 years ago
Are there still plans to take this case to the privy council, his Lawyer did say there are many in Haiti, in the same position as this mam. Also remember his Lawyer has or had plans to sue for millions for this man and others I suppose, This case may very well be setting trends that will have far reaching consequences, if this lawyer has his way.
sheeprunner12 6 years ago
Very good observation, Birdie ............ That is why it cannot succeed at the PC.
Then we will be in the same stew as death penalty ........ and we all see how that worked out for us over the past 20 years .......... Murder rate over 100/yr
licks2 5 years, 12 months ago
14 days done gone aye? They had 14 days to apply to go to the PC. . .I GUESS THEY "EEN GERN NO PLACE". . . Rony Jean will get deported. . .AND ANY OTHER PERSON WHO CAN'T PROVE WHO THEY ARE FOR PURPOSES OF IMMIGRATION APPLICATIONS!!
TalRussell 6 years ago
Let's just say if immigration minister Brent Theodore ordered the detention of 1000 persons randomly selected out we population - an alarming 33.6% comrades under detention would not be able to provide immigration nor the courts with documentation of their Bahamalanderer citizenship. IT IS NOT A REQUIREMENT PROVE YOU ARE A CITIZEN, nor should it ever be. Why not put the 33.6% to a test - on the 35 sitting red shirts MP's and appointed senators.... cause its obvious by not filing Financial Disclosures that some either current or past serving have had difficult times when it comes proving their financial affairs.. or afraid PeoplePublic peeks at their dealings.
My2centz 6 years ago
It is a requirement to prove that you have lawful presence. If you choose to have no identification with you, it can be proven by other means. Jean-Rony and/or Jean-Charles could not be verified as such, or as having been born in the country. It is irreponsible to encourage people to forgo identifying documents, so that illegals (possibly criminals with no verifiable past) can roam freely among us.
My2centz 6 years ago
This man himself admitted to having a criminal record. That alone should disqualify him from obtaining citizenship. And there is still the possibility that he committed another crime by assuming someone's identity. To my knowledge the questions surrouding his identity was never conclusively resolved. A thirty-five year old who fumbles his birthdate and legal name is very likely not who he claims to be. At the very least, the public should be advised as to the outcome of that investigation before his application moves forward. Or did they even bother to conduct one? They make it too easy for illegals and their offspring...no wonder they keep coming; no repercussions for anything.
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