The Tribune

By RASHAD ROLLE

Tribune Senior Reporter

rrolle@tribunemedia.net

ATTORNEY Wayne Munroe is fighting an effort by the Royal Bahamas Defence Force to host a disciplinary hearing involving a marine accused of vulgar gyrating at a party in contravention of Prime Minister Dr Hubert Minnis’ COVID-19 orders and RBDF rules. 

A video allegedly showing RBDF marines dancing at a pool party went viral last month. Force officials said they would investigate to ascertain if the people were RBDF personnel and then deal with the matter accordingly. 

Disciplinary hearings are now set to begin involving marine Zovinar Hoyte.

In a summons filed on June 26, Mr Munroe wrote that he is seeking a declaration that the charges brought against his client under Section 75(A) of the Defence Act breach Article 15 (b) of the Constitution.

Section 75(A) of the Defence Act says every person subjected to the Act who is “guilty of any act, conduct or neglect prejudicial to the discipline of the defence force, the safety, interests or operations of the defence force…shall be liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.” Article 15 of the Constitution addresses fundamental rights and freedoms of people.

Mr Munroe, QC, is also seeking damages for the alleged breach of his clients rights under the constitution, an injunction restraining the RBDF and the Office of the Attorney General from further breaching his client’s constitutional rights and an order requiring RBDF Commodore Raymond King to reveal what evidence and advice he used “to satisfy himself that he should lay the aforesaid charges against” his client.

Earlier this week, Mr Munroe told The Tribune he expects to file an affidavit in the case soon.

“If a marine is doing something off duty, out of uniform, in a private residence, assuming this is her, which is something she does not admit, then will this action not breach her constitutional rights to freedom of association?” he said. “It’s clear she hasn’t made any tape and hasn’t distributed it, so how can the actions be contrary to discipline?

“How a marine or officer dances in private, how can that ever impact the discipline of the force? They can’t regulate completely private behaviour that has no connection to the discharge of their duties. They can restrict their freedom of association to an extent but they can’t do it willy nilly.

“They claim that this is her in this video, they claim the video was made during the emergency period. They claim that if it was made during the state of emergency that it breaches the lockdown laws and that it is prejudicial to discipline. But if you get a video and you do not have the original copy, how do you know when the video was made? How do you know where it is made and if you only see buttocks in your face, how do your put a face to that buttocks and how do you know it isn’t photoshopped?”