QC: Judgement in email leak “saves financial industry” in Bahamas

By NATARIO McKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net

AN outspoken QC said that yesterday’s Supreme Court judgement against Education Minister Jerome Fitzgerald for breaching the constitutional rights of environmental advocacy group Save The Bays by disclosing and releasing the group’s private emails in Parliament affirmed that the Bahamas is “not a political banana republic”, asserting that it would have been the “kiss of death” for the country’s financial services industry had the judge vindicated the minister’s actions.

Supreme Court judge Justice Indra Charles ruled yesterday that Mr Fitzgerald’s actions in acquiring, disclosing and releasing the group’s internal emails were not legally justified and therefore he cannot be protected by parliamentary privilege. Mr Fitzgerald, the MP for Marathon, was ordered to pay $150,000 in damages for the breach and is permanently banned from disclosure and publication of any further material belonging to Save The Bays and must delete material within 14 days.

The Attorney General has requested and been granted a stay of the entire decision pending the hearing and determination of an appeal.

Fred Smith QC, the Callenders & Co partner and Save The Bays legal director, told Tribune Business that he welcomed an appeal. “I welcome an appeal because an appeal to the Court of Appeal and the Privy Council will only refine and sophisticate the debate on the constitutionalism and rule of law that ought to prevail in the Bahamas,” he said. “This will only encourage and promote confidence in our judicial system. The Supreme Court and judges of the Bahamas are independent not only in spirt but in substance.

“As a businessman in the Bahamas whose oldest law firm does a substantial amount of business in the asset protection, Trust and financial services industry work internationally, I am very pleased that the Supreme Court has protected the privacy of the financial confidential information of businessmen, NGOs and organisations in the Bahamas. It would have been the financial kiss of death for the government to have been vindicated in their illegal hacking and intrusion into the private emails, banking and financial correspondence of Zachary Bacon, whose brother is an international financial icon in the world and an environmental organisation such as Save the Bays. The judge, by one stroke of her judicial pen, has saved the financial industry of the Bahamas.”

Mr Smith contended that if the Supreme Court had not ruled in favour of Save the Bays, “it would have been the death knell of our banking and financial services industry”.

“It would have meant that when it was expedient for the government, whenever they targeted a political enemy they could have without consequence release the confidential information of any financial institution in the Bahamas,” he said. “We would have seen the flight of tax and financial services business to the Cayman Islands, Bermuda, Turks and Caicos etc. We would have lost yet another 653 jobs in this sector as we did in the last five years,” said Mr Smith.

“I have had interviews with the Economist, the Financial Times and other international publications, all of whom have been watching and waiting for the judgement from the Supreme Court. Had the judgment not gone in favour of Save The Bays it would have been a very dark cloud hanging over the Bahamas’ business environment. I thank God for this constitutional victory,” he added.

Comments

birdiestrachan says...

The judge by one stroke of the pen saved the financial institutions of the Bahamas . does the outspoken QC really believe this.**? The QC knows that Media always have reports obtained they say.**. The only people he is speaking to is Fried Bacon. MY question is how many of Fred Smith cases are in this same judge Court? and how when there are so many cases his cases always seem to be at the top of the list.? are lawyers given the right to select what Judge they wish to hear their cases???

Posted 3 August 2016, 3:03 p.m. Suggest removal

birdiestrachan says...

The QC thanks God? It seems he should be thanking the Judge

Posted 3 August 2016, 3:05 p.m. Suggest removal

Entrepreneur says...

Any action by any judiciary or a leading lawyer anywhere that upholds the right to prevent illegal hacking of private communications, such as e mails related to normal commercial and environmental matters (I.e. non terrorism), is to be warmly applauded.

Hopefully this will provide an excellent opportunity to develop a cutting edge privacy law in the Bahamas to help attract leading businessmen and entrepreneurs to the Bahamas.

If that could go hand in hand with developing cutting edge Banking legislation, and perhaps even some double tax treaties in areas related to Global Security and Environmental matters at least, we could help start drive the Bahamas to be a regional powerhouse....

Posted 3 August 2016, 4:32 p.m. Suggest removal

Economist says...

Save The Bays has done The Bahamas a great service. NGO's (BNT, BREEF, BHS, BASARA, RED CROSS, to name a few) provide valuable services throughout The Bahamas and, indeed, the world.

Mr. Fitzgerald's actions put, not only all NGO's but our entire Financial Services at risk. I can only hope that the Court of Appeal is as harsh, if not harsher, on Mr. Fitzgerald for his irresponsible behavior.

He talked about de-stabilization, his actions, if not punished, were destabilizing in every sense of the word.

Posted 3 August 2016, 4:55 p.m. Suggest removal

banker says...

As usual, Fred Smith is right again. Someday, somehow, history will see him as a great patriot. The Bahamas is not enlightened enough to see that now, except for a very few.

Posted 3 August 2016, 5:50 p.m. Suggest removal

The_Oracle says...

I agree Banker, however the question is,
why is he the only one? Out of our multi thousands of Lawyers,
why is he the only one?
Until he moved for Judicial reviews, No judge had even heard of them!
Certainly the judges were scared to entertain one.
And that belies the problem we have had since majority rule:
Adhering to the law, and using the proper mechanisms to challenge the laws
"as interpreted" has been our failure. Typically we receive a wrong political interpretation, which stands unchallenged.
People do not seem to realize, dilute or ignore, or selectively apply the law and you undermine the stability of a society. Keep moving the goal posts and try to play a fair game of soccer!
Funny how they still love the pomp and circumstance of the Colonial order including the queens honors, but do not even hold a pretense of adhering to the basis of it.
How many times has the privy council ruled against Government, only to have the ruling ignored?
They undo themselves and us with them!

Posted 3 August 2016, 7:57 p.m. Suggest removal

Sickened says...

Why is he the only one you ask? Maybe because someone ended up putting a hit on him, and several others who speak up, AND the police do nothing about it.

Posted 4 August 2016, 12:01 p.m. Suggest removal

Franklyn says...

...the question of how the emails got into the possession of a government minister has not being addressed, and was the actual act an illegal act?

Posted 3 August 2016, 8:47 p.m. Suggest removal

My2cents says...

I bet that's not the only reason he's thanking God. I guess STB, and whatever it's about, is safe now as well.

Posted 4 August 2016, 1:24 p.m. Suggest removal

Entrepreneur says...

I dont think he's the only one. Young Dywan Rodgers is blazing a trail in that Spicer case, standing up for truth and justice...

And now Damian Gomez QC is speaking up too.

We minorities in the Bahamas deserve as fair a treatment and as equal rights. I thank the good Lord for honourable men like Fred Smith QC, Dywan Rodgers and Damian Gomez QC.

We need more lawyers who do the right thing!!!

Posted 4 August 2016, 7:35 p.m. Suggest removal

Socrates says...

I applaud the ruling but have grave reservations that it will stand on appeal. In the meantime, a way has to be found to put a bridle on these little gods who slander people at will and hide behind parliamentary privilege. Its the very idea that some group has greater rights than the rest of us that is partly responsible for citizens taking matters into their own hands, as they feel there is no other recourse. As for Fred, he is a courageous national hero, but as it is written, a prophet is never accepted in his own country.

Posted 8 August 2016, 2:53 p.m. Suggest removal

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