The Tribune

ATTORNEY General Carl Bethel lashed out at former State Minister for Legal Affairs Damian Gomez for his attempt “to intimidate and besmirch law enforcements and Crown Prosecutors”.

The statement comes after Mr Gomez announced his team plans to take legal action on the way investigations were handled in the Shane Gibson case. Mr Gibson's lawyers called for the removal of Police Commissioner Anthony Ferguson and planned to make a complaint to the Bar Association to have Director of Public Prosecutions Garvin Gaskin disbarred.

Mr Bethel explained that Bahamian law provides avenues for those wishing to seek legal recourse for judicial matters. Furthermore, he reminded Mr Gomez that the law restricts him from attacking law enforcement officers and prosecutors.

“If Mr Gomez and his client have legal issues with anything done by the prosecution (or police investigators), there are established legal remedies which he can pursue on behalf of his client – none of which involve loose and apparently malicious threats against the employment or employability of any prosecutor or public official engaged in a legal matter before our courts,” Mr Bethel said in the press statement.

He added, “Mr Gomez should be reminded that the Law, namely the Justice Protection (Amendment) Act 2014, specifically prohibits and criminalizes any form of Obstruction of Justice (which includes attempts) and which also specifically prohibits threats aimed against the (continued) employment of any Law Enforcement Official or Prosecutor engaged in a criminal trial.”

The Attorney General criticised the move by Gibson’s lawyers stating that threats of this nature are uncalled for. “A civilised society cannot long survive if the administration of justice, and the administrators of the system of justice, can be subjected to such apparent threats aimed at their continued employment as Members of the Bar or as Law Enforcement Officers,” said Mr Bethel.

The dispute comes after Assistant Superintendent Deborah Thompson admitted in her testimony during the trial that key witness statements, including Jonathan Ash’s, was synchronised.

In response to Mr Bethel, Mr Gomez said he was surprised at the comments as he is following the legal course to address the matter. Mr Gomez said it is well established for witness statements to be evidence and therefore should not be tampered with. “ASP Thompson gave evidence in the Shane Gibson trial, during the course of her testimony she said she composed the statement of Mr Jonathan Ash in his absence. Secondly, she also testified that she organised and conducted a conference meeting between Mr Ash and Miss Deborah Bastian and their two lawyers. In addition, she (Thompson) indicated that she informed the Director of Public Prosecutions about what she was doing. She, therefore, participated in an unlawful meeting which is to change a witness statement and to adjust the evidence of the Crown to strengthen their case, that is something that is not permitted. And the presiding judge in the trial indicated that what happened on September 21st was wrong,” said Mr Gomez.

He added: “The Legal Professions Act provides a method by which persons who are aggrieved may complain about lawyers in the conduct of their profession. My client has instructed me to avail himself of the provisions of the Legal Professions Act which protects him. He has also instructed me to take steps as are contemplated by Articles 120 and 121 of the Constitution and The Police Act in relation to complaints to proceed with relating to the Commissioner of Police and ASP Thompson.”

This week, Mr Gibson was acquitted on all counts of bribery of which he has been accused and his lawyers say they intend to sue for malicious prosecution on Mr Gibson’s behalf.