The Tribune

By JADE RUSSELL

Tribune Staff Reporter

jrussell@tribunemedia.net

THE Bahamas Bar Association condemned the arrest of attorney David Cash, who was charged with disorderly conduct and obscene language after attempting to meet with his client, Mervie Knowles, a Grand Bahama care home administrator accused of elder abuse and financial exploitation.

Kahlil Parker, president of The Bahamas Bar Association, expressed concern about Mr Cash’s recent arrest when he sought to visit Ms Knowles, who was being held in custody at a Freeport police station. Mr Parker said Mr Cash had emphasised his client’s constitutional right to private communication with her attorney. Mr Parker said that attorneys representing people in custody have a responsibility to assert their clients’ inalienable rights.

Mr Parker cited Article 19(2) of the constitution, which states any person arrested or detained shall be permitted, at their own expense, to retain and instruct without delay a legal representative of their own choice and hold private communication with them.

“We remind the officers of the Royal Bahamas Police Force that when one of our members present themselves at a detention facility in fulfillment of their constitutional duty to and in vindication of the constitutional rights of any detained person, they are not alone,” Mr Parker said. “As an association, we stand in solidarity with all of our members on behalf of every citizen, resident, and visitor in The Bahamas who each upon arrest or detention, has a right to be represented by and private communication with counsel without delay.”

The Bar Association noted the charges against Mr Cash for disorderly conduct and obscene language and cautioned authorities to respect lawyers’ roles in defending fundamental rights.

It is alleged that on Saturday, November 2, while at the Central Police Station in Freeport, Mr Cash behaved in a disorderly manner and used obscene language to the annoyance of Police Officers 3429 Curtis and Woman Sergeant 3169 Forbes. On Monday, in Freeport Magistrate’s Court he pleaded not guilty to both charges. Magistrate LaQuay Laing granted Mr Cash $1,500 bail. The matter was adjourned to January 20, 2025.

Mr Cash travelled to Freeport on Saturday to represent Ms Knowles, who had been detained in police custody since October 29 in connection with a fraud investigation concerning the assets of an elderly resident. The attorney claims that he was initially denied access to see Ms Knowles.

“I went to go and see her and represent her while she was in custody, and essentially, I was denied initially that right to see my client, and it is either the constitutional rights of these defendants or persons in custody are going to matter or don’t. And my position is that the constitution matters, and so, that is what landed me in court today,” Mr Cash said.

Mr Cash was later permitted to see Ms Knowles that evening and represented her through the weekend until her release on Sunday. He also alleged he was detained for 11 hours on Saturday.

The Bar Association president expressed concern over Mr Cash’s detention and highlighted the lack of adequate facilities in police stations for private attorney-client communications. Mr Parker said the Bar Council would engage with relevant authorities to address the matter.