Thursday, June 13, 2013
By DANA SMITH
Tribune Staff Reporter
dsmith@tribunemedia.net
MONTAGU MP Richard Lightbourn said the Opposition plans to move ahead and request a “special committee” to investigate the circumstances surrounding the nolle prosequi signed by then acting Attorney General Jerome Fitzgerald.
This is despite Mr Fitzgerald’s repeated assertions that no one has the power to question the rights of the attorney general as outlined by the Constitution; and yesterday he pointed to a situation that happened under the first FNM government involving a nolle prosequi (no prosecution).
Outside of the House of Assembly, Mr Lightbourn said he was not satisfied with Mr Fitzgerald’s explanations. He criticised it as an attempt to “brush it off.”
“They’re hiding behind the assertion that it’s a matter of national security,” he said. “The whole thing is so suspicious when you look at the circumstances under which it was granted. That is really what causes the concern and makes one suspicious that something is not right.”
The issue in question involves George and Janice Hayles who each faced a charge of possession of a firearm and ammunition, after police said they were found with a .380 pistol and 19 live rounds for the weapon.
The accused, represented by Allyson Maynard-Gibson before her appointment as Attorney General, pleaded not guilty to the charges at their arraignment days after their arrest in 2010.
The discontinuation of the charges took place last year on Friday, December 28.
The document bore Mr Fitzgerald’s signature because Mrs Maynard-Gibson was out of the country at the time.
Not long after the charges were dropped, Mr Fitzgerald issued a statement saying he was satisfied that grounds existed for his decision. He said he did so because it was a matter of national security.
He also pointed to articles in the Constitution that granted the Attorney General power to “discontinue at any stage, before judgment is delivered, any criminal proceedings” in defending himself against criticisms from the FNM.
“We’re going to pursue our request for a special committee to investigate it. It appears they refuse to give it to us but that doesn’t make it go away,” Mr Lightbourn told the press.
“That you would go and issue this to someone who was a client of the present attorney general and it just sounds too convenient that she happened to be away and the backup had to be away, and they go and appoint him acting, and he finds cause to make a beeline for the Attorney General’s Office to dig out this file out of all the hundreds – and no doubt thousands – that are up there and determine in that flash of an eye that this was a matter of which was national security.”
In the House of Assembly yesterday, Mr Fitzgerald said: “Since those on the other side and the newspapers want to bring names in the paper, I’m going to take you back in time a bit... One Mr John Mosko gunned down an unarmed man in the middle of the road, in broad daylight. He was charged with murder before the courts.
“Mr Mosko applied for bail. He was represented by Sir Kendal Isaacs – who was his lawyer. The honourable Cyril Fountain was the chief justice at the time and Sir Orville Turnquest was the attorney general.
“On the application for bail made by Sir Kendal Isaacs, Sir Cyril Fountain wrote a short judgment where he stated something to the effect that ‘I’ve known Mr Mosko and his entire family all of my life, and I have no hesitation in granting bail.’ It was a big issue and it opened the flood gates to what we have today.”
Later on, Mr Fitzgerald continued, “Sir Orville Turnquest was the attorney general and issued and signed off on a nolle prosequi in favour of Mr Mosko. Over the past five years, he and his company, were awarded tens of millions of dollars of contracts from the FNM government. Now that smells... As a matter of fact, it stinks.
“So if they when they want to ask about a select committee or they want someone to talk about a nolle, I suggest they go and talk to justice Cyril Fountain, talk to Sir Orville Turnquest or Mr John Mosko and let them educate them on the nolle and the authority of an attorney general.
“But don’t come in here playing fool. Don’t come in here talking foolishness and don’t come in here impugning my integrity and my character.”
In the House of Assembly, Mr Lightbourn explained that matter “was something that was debated fully in this House.”
He said: “This unfortunately, is the problem with this government. Every matter that comes before it, they seem to excuse it by referring to some matter that happened some time ago. We’re dealing with the future. We’re dealing with this issue now.”
Mr Fitzgerald had also said yesterday: “I made the decision I made based on recommendations on the file from other agencies and other officials and that’s on the record... I don’t know them from the man on the moon. I never met them. If they walked in front of me today - I know nothing. I don’t know them.”
Comments
My5Cents says...
100% agree..they quick to put everyone behind bars for guns..put these 2 behind..too much suspicion..
Posted 13 June 2013, 12:08 p.m. Suggest removal
concernedcitizen242 says...
Mr. Fitzergerald, you can fool some of the people some of the time but not all of the people all of the time. The nolle prosequi was granted as a matter of national security, kindly advise the people of the Bahamas what you as an acting attorney general deem a matter of national security, you seem to want to blanket the collusion between you and Attorney General Allyson Maynard-Gibson with the term of National Security, well then Mr. Fitzgerald, you are a Member of Parliment a position which is suppose to be beyond reproach, a title that brings with it some level of decency and honor - tell me then why do you take offense when we are asking for the reason why when you were granted a nolle prosequi when the AG is out of office, if this case was going on from 2010, why could it not be granted after the AG returned to office hmmm she was not on an extended leave, also you want us to believe that in the short time you were in her office, there was absolutely nothing else more pressing than picking up this case? Secondly, this was granted soo quickly did you really do a due diligent search into the contents of the file? Obviously, a person taking up a file in any legal proceeding must read that file from cover to cover to ensure that the file is complete and there are no conflicting reports, I am sure I do not have to teach you anything on the matter, I mean with your name and integrity on the line right Mr. Fitzgerald. Contrary to your opinion of the Bahamian people we are an intelligent bunch and we will no longer sit back and watch you and this government take our beloved Bahama land down because of corruption in high places, we are fed up and this will no longer stand. IF you are not going to do what is best for our nation and the generations to come then you will have to step down. THE PEOPLE PERISH WHEN GOOD MEN DO NOTHING!!! That is all.
Posted 13 June 2013, 12:51 p.m. Suggest removal
TalRussell says...
I like the message but the wrong red shirts is da messenger. Why not investigate both AG's actions by both governments at the same time. But don't try hooking up no extension cord for free electricity, cause that WILL land your backside right behind them Fox Hill Prison bars. And, no bail granted, ya shoved right on to the big garbage heap, officially known as her Majesty's prison bus.
Posted 13 June 2013, 1:18 p.m. Suggest removal
jackflash says...
Tal,
Once again your post does not speak to the matter at hand.
I think that concerenedcitzen242 was very well written and speaks to the facts.
As an acting AG - HOW IS IT THAT THIS ONE FILE WAS DELT WITH?
Something smells fishy here(no matter if is a
YELLOWTAIL or a RED SNAPPER!
Posted 13 June 2013, 1:40 p.m. Suggest removal
concernedcitizen242 says...
This is exactly why our country is in the state it is in, I am soo long past the red, yellow, and green shirts I am a BAHAMIAN first and formost and secondly I have questions that I want answered. WITHOUT KNOWLEDGE THE PEOPLE PERISH, unlike many Bahamians caught up with political sides I am about pushing this country forward for the sake of the future generations. If you want to make this about colors well by all means you do that but I am only dealing with issues at hand. If you read this article it says nothing about the former nolle prosequi being granted AS A MATTER OF NATIONAL SECURITY, furthermore the article stated that at the time the former nolle prosequi was granted there was a debate about it in the House of Assembly so those at the time who took issue with the former nolle prosequi took the necessary steps to address the matter whether or not it ended in their favor so if they were able to do it then why the hell can't it be brought up again. I am not the one to get off topic or get emotional if you hurl certain accusations, I stick strictly to issues at hand and at the facts supporting them. I hope you have a wonderful day and get off the political bandwagon, we all have minds to think and look at the situation with or without bias, the choice is up to you.
Posted 13 June 2013, 2:35 p.m. Suggest removal
Collin says...
The funny part about it Mr. Fritzgerald protest so much about his integrity. Yet his lead general for Marathon the convicted drug dealer who is presently serving time was up and down in Marathon; providing many of the young people in Marathon with rum and 'things' all day.
It is so sad to see how Marathon youth sold out and since May 7th 5 have lost their lives in the area through violent death including the first two murders this year. All of this in the vicinity of Fritzgerald HQ. The sad example set and encouraged by the present MP of intimidation during last years campaign has come home to roost.
I can go really deep and be very specific, however, I choose to merely let him know play your above reproach with others but we know what you really are.
Posted 13 June 2013, 5:20 p.m. Suggest removal
242smt says...
The whole thing stinks of corruption. Elected officials boldly acting this way without being transparent or accountable to the people is at the core of what is wrong with the government and the Bahamas. Things will not improve in the Bahamas until this corruption is stopped.
Posted 14 June 2013, 3:21 a.m. Suggest removal
raducu says...
Of course the whole thing is corrupt. No one is taking responsibility for anything and they are passing the blame between them. things will not get better until we change the people in charge. <a href="http://incaltaminteonline.blog.com/">radu</a>
Posted 6 November 2014, 4:50 a.m. Suggest removal
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