The Tribune

By TANYA SMITH-CARTWRIGHT

tsmith-cartwright@tribunemedia.net

ATTORNEY and activist Fred Smith has come out hard against a Cabinet minister’s criticism of a Supreme Court’s ban on demolishing shanty towns in Abaco pending the outcome of a judicial review, saying the remarks were “scandalous”.

Mr Smith has called on Minister of Works Desmond Bannister to apologise to the courts, retract his words and wait for the matter to be resolved in the legal system.

He spoke to this newspaper a day after Mr Bannister criticised a Supreme Court ruling that banned the government from further demolishing shanty town structures across Abaco. Mr Bannister said the ruling sets a “dangerous” precedent that has “usurped” the power of the Ministry of Works.

The Deputy Prime Minister also said the decision would create “open season” for anyone to illegally build on land that they do not own. He added that the ruling “doesn’t make sense” and is not “worth the paper it is written on”.

Earlier this week, Supreme Court Justice Cheryl Grant-Thompson ordered an extension of an injunction already in place to include all unregulated communities in Abaco. The injunction prohibits the government from evicting shanty town residents and disconnecting services in their communities.

The government also has to “cease and desist” from “any further interference” with the respective communities until the outcome of a judicial review. The ruling also stops the government from demolishing structures without first getting approval from the court.

Mr Bannister referred to Justice Grant-Thompson’s ruling as “a flawed decision” and “wrong in law”.

Mr Smith, who represents the applicants in the matter, defended the justice’s ruling.

“Thank you for the opportunity to comment on the Deputy Prime Minister’s comments which are scandalous and they bring the administration of justice into disrepute,” he said. “The fact that the Deputy Prime Minister of The Bahamas can actually say that a judgement written by a justice of the Supreme Court is, and I quote, ‘not worth the paper it’s written on’, unquote, is a slap in the face of the judiciary.

“It is a disgrace to our democracy. It’s shocking. I want the Deputy Prime Minister to remember that when the FNM is not in government they will need to rely on an independent judiciary to determine cases. What’s good for the goose is good for the gander.

“How can our Deputy Prime Minister expect anybody to respect the judges when this is the kind of rubbish and abuse that rolls off the FNM’s tongue against a judge of the Supreme Court? This is not the party that Sir Cecil Wallace Whitfield died creating; having fought to create a party that respects the rule of law. That many FNMs from childhood served. This is shameful and I hope he is reconsidering what he said.”

He also indicated that the judgement’s meaning was skewered by the minister.

“I cry shame on Minister Bannister for saying such things about the judiciary,” he continued. “I hope it was a momentary loss of sanity for him to say that. I hope he apologises to the judiciary for scandalising it, for bringing it into disrepute.

“We as lawyers must protect the judiciary, not undermine it, devalue it and subject it to criticism and trivialise its judgements. It doesn’t matter how offended we are or how badly we think we have been treated by a judgement, the courts of The Bahamas, the Supreme Court of The Bahamas deserves respect. And, furthermore, the minister is (not being truthful) politically about the meaning of the judgement.

“The judge has not given free licence for open season for building illegally. The judge was very clear, ‘I gave an injunction’. All she is asking the government to do is to respect the process. You don’t demolish first and then ask for forgiveness later. As the judge said, if there is somebody who is disobeying the order, if someone is building illegally, put the facts before the court, make your case and let the judge decide.”

He also said: “I urge the Deputy Prime Minister of a party that I have unreservedly supported for decades to apologise. I have supported the FNM for over 40 years.

“The judge has not usurped the power of the minister of works, the judge has not given license to everybody in The Bahamas to go and build without the respect for the relevant laws. This is very simple, there is a judicial review and constitutional challenge before the court to respect the process. It’s very simple. In the rule of law, first and foremost you respect the process.”