The Tribune

By LYNAIRE MUNNINGS

lmunnings@tribunemedia.net

A LOCAL advocacy group is celebrating a decision by the Judicial Committee of the Privy Council to send the Jean Rony Jean-Charles case back to the Supreme Court for consideration of an application of constitutional aid.

Human Rights Bahamas (HRB) said the group is “overjoyed” by the decision, adding the ruling is a “huge win” for the cause of access to justice.

HRB legal director Fred Smith, KC, said the ruling serves as a “crucial victory” for the principles of access to justice and respect for the fundamental rights of everyone in The Bahamas.

He said: “This ruling has established that constitutional complaints can be heard as part of a habeas corpus action and other matters. Essentially, it has reinforced the point that an individual’s ability to seek redress for violations of their fundamental rights and freedoms, cannot be limited under our legal system.

“In its ruling, the Privy Council found that the rights enshrined in the Bahamas Constitution should ‘be given a liberal interpretation in order to give individuals the full measure of the rights and freedoms which the Constitution confers.’”

The Privy Council’s ruling is the latest in Mr Jean-Charles’ legal battles concerning his expulsion from The Bahamas to Haiti on November 24, 2017, after being detained from September 17 of that year.

In a landmark 2018 ruling, Supreme Court Justice Gregory Hilton noted that Mr Jean-Charles was deprived of his personal liberty, unlawfully arrested, and detained/falsely imprisoned in breach of his rights guaranteed to him under the Constitution.

Although the ruling was thought by many to have far reaching effects on how the country handled similar matters of citizenship, the Court of Appeal ultimately dismissed Justice Hilton’s ruling due to procedural issues.

The Privy Council recounted the particulars of the case, concluding that “the appeal be allowed, but only to the extent of remitting the application for constitutional redress to the Supreme Court to enable it to direct that the application proceeds as though begun by writ.”

The London body said parties have to lodge their submissions as to costs within 21 days.

Mr Smith is hopeful that the Privy Council ruling serves as a “wake-up” call for The Bahamas, adding that authorities must be reminded to respect the rights and freedom of every individual, inclusive of “Bahamian-born people of Haitian descent like Jean Rony”.