The Tribune

By AVA TURNQUEST

Tribune Chief Reporter

aturnquest@tribunemedia.net

THE government’s failure to serve defence lawyers with its appeal in connection to the bribery and extortion trial of former PLP Senator Frank Smith has put proceedings in “limbo”, according to attorney Damian Gomez.

However, Director of Public Prosecutions Garvin Gaskin insisted yesterday he had acknowledgements of service from the law offices of both Mr Gomez and Philip McKenzie.

Mr Gaskin said the documents were served on February 5.

In an interview with The Tribune, Mr Gomez pointed to a seven-day window for appeal at the Magistrate’s Court level, which passed last Thursday.

Mr Gomez said Mr Smith’s legal team will object to an extension unless the government complied with a Supreme Court order requesting documents from six government agencies pertaining to controversial Crown witness Barbara Hanna and her cleaning company.

The order was granted by Justice Gregory Hilton in a court order dated April 23, 2018 but never complied with, Mr Gomez said.

“If the act states you must file and serve and you haven’t served it, then it hasn’t started,” Mr Gomez said.

“The criminal procedure requires the appellant file and serve his appeal. We have not been served yet and that must be done within seven days which expired last Thursday.

“If we are faced with an application for leave to extend time, we are going to argue that should not be granted until they comply with the order of the Supreme Court. We had asked for any and all documents related to any and all agreements…they never gave it.”

Justice Hilton said the Public Hospitals Authority; the commissioner of police; the controller of inland revenue; the secretary of revenue; the financial secretary; and the National Insurance Board were given until May 7 to comply with the order.

Justice Hilton ordered the production and consequent surrender of the copies of “any and all written communications” between the board of the PHA and the minister of health between January 1, 2016 and December 31, 2017 relating to the cleaning of the Critical Care Block of Princess Margaret Hospital; as well as copies of “any and all resolutions” of the PHA board between January 1, 2017 and December 31, 2017 concerning its approval of Magic Touch.

Justice Hilton also ordered the production and consequent surrender of an “opinion” of the Attorney General’s Office rendered to the board of the PHA, and published to the minister of health, which said the board was advised that there was “no corruption” in the grant of the contract to Mrs Hanna in 2016 for the cleaning of the CCB. The aforementioned entities were also ordered to turn over the value added tax returns for the period January 2015 to December 2017 together with “corresponding documentation” evidencing the payments of VAT payable under the Value Added Tax Act 2014 from the alleged customers of Mrs Hanna and/or Magic Touch.

They were also ordered to turn over all business licence documents for the period December 31, 2015 to December 31, 2017 including “any sworn statements” made by Mrs Hanna concerning her business gross earnings from Magic Touch, and also any document evidencing an agreement by Mrs Hanna to pay outstanding taxes and/or licence fees between herself and the government of The Bahamas.

Justice Hilton also ordered that any and all documents associated with or relating to the payment of NIB contributions for Mrs Hanna’s and/or Magic Touch’s employees, including but not limited to Mrs Hanna sworn statements, any document evidencing an agreement by Mrs Hanna to pay outstanding NIB contributions to her or Magic Touch’s employees between January 1, 2016 to December 31, 2017.

Mr Smith was acquitted and discharged of all 15 criminal charges against him.

Chief Magistrate Joyann Ferguson-Pratt, in her ruling last month, pointed to numerous “inconsistencies” and “discrepancies” in the Crown’s case, and cited the “egregious” behaviour of two Cabinet ministers – National Security Minister Marvin Dames and Health Minister Dr Duane Sands - connected to the matter.

Dr Sands has declined comment on the matter, while Mr Dames has rejected calls for his resignation as ‘political nonsense’.

Mr Gomez has called for a commission of inquiry into police conduct, but yesterday acknowledged the authority to launch such a probe rested with the government.

He added: “What was recorded is a very weak appeal, it’s not arguable. I suspect the only reason it was filed to stop [news media] from printing stories on us.”

“I will wait a while, and then we will issue our civil proceedings for damages, exemplary damages and aggravated damages for malicious prosecution.”