The Tribune

By NICO SCAVELLA

Tribune Staff Reporter

nscavella@tribunemedia.net

ATTORNEY and former PLP member of Parliament Keod Smith yesterday withdrew his appeal of a retired Supreme Court judge’s order that he be committed to prison for 14 days for accusing her of bias in a series of affidavits over five years ago.

Mr Smith also withdrew his appeal concerning him having to pay approximately $500,000 in legal costs and fees to environmental advocacy group Save The Bays (STB) pursuant to former Justice Rhonda Bain’s December 2014 ruling.

And in both instances, Mr Smith was ordered by the appellate court to pay legal costs to STB. Both orders by the former judge stand as a result of his withdrawing, and the Court of Appeal consequently dismissing the two appeals.

In January 2014, Mr Smith was found guilty of contempt of court for impugning Justice Bain’s professional reputation through a series of affidavits he created in support of a recusal application from an ongoing judicial review to which he is a party.

Mr Smith, attorney for Canadian fashion designer Peter Nygard, had filed a series of affidavits claiming that Justice Bain should recuse herself from a judicial review proceeding, with him alleging she made a series of decisions based on her affiliation with the Free National Movement (FNM).

Mr Smith also alleged that Justice Bain had made several rulings in favour of STB’s lead attorney Fred Smith, QC, who in the past had been affiliated with the FNM, and “can only be explained as coming about as a result of her bias.”

According to Justice Bain’s ruling, Keod Smith admitted to the court that he prepared and filed the affidavits himself and that even though the affidavits were endorsed with the firm name of Ryan & Co, Smith’s former attorney Derek Ryan did not assist with the preparation of the affidavits.

On March 1, 2017, more than three years after filing the affidavits, Smith offered an apology and explanation to Justice Bain that he never intended to impugn her professional reputation, and attempted to show cause why he and Mr Ryan should not be committed to prison.

However, Justice Bain ultimately ruled that a custodial sentence is “appropriate” given the circumstances surrounding the matter, and further that Mr Smith “is a counsel and attorney at law with upwards of 19 years at the Bahamas Bar” and as such “has an obligation to respect and maintain the administration of justice and to comply with the Bahamas Bar (Code of Professional Conduct) Regulations.”

In June 2017, Justice Bain ordered Mr Smith to be committed to prison for 14 days for his actions, but said the order committal would be suspended on the condition that he pay a $20,000 fine before June 28 of that year.

In April of 2016, however, Mr Smith was ordered to pay $375,000 to STB, which was accumulated by the environmental group in court costs and fees during the legal battle.

According to documents that were filed in court and obtained by The Tribune at the time, it was ruled that Mr Smith must pay two separate fees – one in the amount of $263,500 and the other totalling $111,500.

In late 2017, STB filed a bankruptcy petition against Mr Smith in the Supreme Court over some $300,000 in unpaid legal debts.

STB, formally named the Coalition to Protect Clifton Bay, had requested a receiving order be placed on Mr Smith’s estate.

In an affidavit supporting the petition, STB Chairman Joseph Darville alleged Mr Smith committed an act of bankruptcy by failing to pay his legal debts within the last six months of December 2017.

Mr Darville further claimed Mr Smith failed to secure or compound the debt after he was served three separate summonses on September 21, 2016; June 13, 2017, and by substituted service on June 20, 2017.

According to Mr Darville’s affidavit, the first sum owed totals $111,500, with a 6.75 percent annual interest from October 7, 2014, until fully paid. The second sum is $263,500, with an annual interest from December 16, 2014, until fully paid.

The total figure now stands at approximately $500,000, Mr Fred Smith, QC, told The Tribune yesterday.