GEORGE SMITH: My right to fairness

Wednesday, January 13, 2016

By George Smith

“I pass with relief from the tossing sea of Cause and Theory to the firm ground of Result and Fact.” - Sir Winston Churchill

ON December 24, 2015, I was given an unexpected gift in the pages of The Tribune. Adrian Gibson in his column, “A Young Man’s View”, regurgitated portions of the 1984 Commission of Inquiry Report as it related to me.

Quite frankly, I share the view of several who told me that they felt that Mr Gibson’s article was unprovoked, unwarranted, one-sided and over the top.

On several occasions over the past 31 years when I was tempted to respond to references of the report directed at me, I was persuaded to let the matter rest. But thanks to Mr Gibson and the fact that whenever I am asked by a reporter to comment on topical matters of national import, my detractors castigate the content of my remarks, often with cryptic and cynical references to the commission’s report.

Mr Gibson quoted extensively from the commission’s report about Norman’s Cay, Carlos Lehder and Edward Ward. I will clearly demonstrate that the conclusions of the commission about me were unfair and unjust, having regard to its terms of reference.

Norman’s Cay

I first went to Norman’s Cay, located in the northern Exuma chain, during the 1967 general elections campaign. At that time, the cay belonged to the Bethell Estate. There was an airstrip used by the public and other property owners in that part of Exuma. There was also a dock, a clubhouse, a provisions store and a number of residents and workers living on the cay. The Bethell Estate later sold the cay to foreign interests.

After my election in 1968, as was required of any member of Parliament, I visited all areas of the constituency as often as I could. Sometime in 1978, I was informed that a client of Kendal Isaacs & Co and Guardian Trust had gotten the Central Bank’s approval to purchase large sections of Norman’s Cay. I was invited to meet the new developer and did so. I briefly saw Carlos Lehder on two separate occasions over the next two years. I was never requested to do anything on behalf of Lehder by himself, his legal or his financial representatives.

The use of a helicopter was made available to me during several election campaigns by my party and on one occasion following a sea tragedy near Farmer’s Cay, I chartered a helicopter to assist with the recovery effort. Anyone who knows the proximity of Highbourne Cay to Norman’s Cay will tell you it would be foolish to use a helicopter when a boat is considerably more convenient.

The commission wrote much about two vehicles. The facts regarding the first are simple. An offer was made and rejected. The commission suggested that the offer was a bribe, but did not state what was to be procured from me in return.

As for the second vehicle, which I purchased, the commission went to great lengths to refute my assertions as to the origin of the funds used to purchase that vehicle. The commission made no ‘direct’ suggestion as to the source of any funds, but chose to “infer on a balance of probabilities that the funds for purchase of the second vehicle came from the Lehder organisation”.

What baffled me is that the commission concluded that I ‘corruptly’ accepted funds from known drug smugglers. That conclusion was patently false and unquestionably without any factual basis. The commission failed to state what I was required to do for the ‘corruptors’. I will return to this when I address the Edward Ward allegations.

It is strange that a commission on drug trafficking paid so much attention to the evaluation of a vehicle. In this regard, on September 4, 1984, Hollingsworth & McKinney, attorneys-at-law, wrote the comptroller of customs as follows: “We act on behalf of Mrs Lourey C Smith (nee Carroll) and we are instructed to inquire of you with regard to a vehicle which was imported in Mrs Smith’s maiden name during June 1979.

“You may recall that evidence was brought before the Commission of Inquiry which indicated that there was some discrepancy with regard to the valuation of the vehicle. You will recall that an officer of your department very kindly assisted in the preparation of the relevant documentation.

“Our client is most desirous of determining whether there is any obligation on her part which needs to be discharged. In this regard, our client is anxious to deal effectively with this matter and we would appreciate your kind and early attention.”

The comptroller of customs replied on September 13, 1984 in the following manner: “Vehicle imported by Mrs Lourey C Smith (nee Carroll) June 1979.

“This refers to your letter dated September 4, 1984, which relates to the above. While you did not specifically identify a particular vehicle, I suspect that you were referring to the vehicle mentioned during the recent Commission of Inquiry’s hearing. If my assumption is correct, then I must inform you that we have not yet received copies of any relevant documents, which would show the vehicle in question was undervalued.

“I want to make it quite clear that I have been given no official direction (from my authorised body) on this matter, hence, the situation may seem as one likely to tax your patience when deciding on a proper course of action. In any case, please feel free to contact us again if you find it necessary.”

The Edward Ward

Matter

In what can best be

described as an appalling abuse of power, the commissioners went to Miami to hear from Edward Ward who was incontrovertibly established to be a self-

confessed drug smuggler who was still serving a jail sentence in the United States for his crimes and was a party to a plea-bargaining arrangement with the US authorities.

Edward Ward alleged that he gave me $100,000 on a houseboat at Paradise Island in the presence of Everette Bannister.

It should be noted that when Ward, who claimed to have seen me previously at Norman’s Cay “campaigning”, was asked to describe me, he described me as “a black man, round face and a sharp dresser” . . . “I believe he had a full head of black hair medium height and slightly overweight.” Such a description of me at that time was incredibly inaccurate.

Ward was never asked to identify me before the commission as the person to whom he had paid the $100,000 as was done in other instances, if only using photographs. I should point out that my attorneys were never advised in advance that such evidence was to be given at the Miami hearing.

The commission chose to disregard Ward’s blatant contradictions, with the consequence of having someone who served at Cabinet level, being served up as the sacrificial victim of an adverse finding.

Factual inconsistencies notwithstanding, the commission decided that I would be that victim.

When the commission rejected the evidence of my brother, they rejected the evidence of a distinguished and decorated soldier, who had earned the right to be believed over a known and self-confessed, convicted criminal.

The Bahamas attorney general accepted the recommendation of the commission and on January 23, 1986, a case was brought to court against me. Following the evidence, I was discharged. I attach a transcript of that case.

Following the report of the commission, the eminent jurist Paul L Adderley stated that the commissioners “failed to exercise the required prudence” and that their findings related to me “were an act of gross injustice”.

The commission was most unfair to Mr Idris Reid, who spent his entire adult life in exemplary public service. He showed me kindness and consideration, for which I am eternally grateful.

Mrs Lourey Smith (nee Carroll), a proud Bahamian lady and mother, with a successful career of many distinguished years in the law, has always maintained the highest ethical standards and the abortive attempts by the commission to impugn her character and reputation can best be described as a fanciful frivolous frolic devoid of any foundation whatsoever.

The commissioners’ findings lack reasonable factual foundation and their unscholarly approach was unfair to me and an injustice to themselves. The Bahamian people were entitled to a better report.

The commission has caused me many, many sleepless nights. I have suffered so much for so long and have lost many opportunities. I am scarred but still not shattered. I have been knocked down but have refused to stay down.

I am most grateful to the people of Exuma. In large measure, they have been the source of strength during my ordeal. I remain devoted to them.

I am often reminded of the Psalmist who admonished: “Commit your way unto the Lord. Trust in Him and He will act. He will bring forth your vindication as the light, and your right as the noonday.”

May love, mercy and peace rule in our Land!

• George A Smith is a real estate broker and consultant. He was a member of Parliament for 29 years, parliamentary secretary to the prime minister and a member of the delegation at the London talks on independence. He was

chairman of the

secretariat that directed the programme for

independence, and a Cabinet minister for 11 years.

Comments

sealice says...

same lies you said before - no one believed them then - no one believes em now

Posted 13 January 2016, 3:53 p.m. Suggest removal

Godson says...

Seallce, since you are of the view that Mr. Smith “lies’… and that “no one believed him/them then and no believes him/them now”… would it have made a difference with you, in regards to a change in your comments, had he ball-over and confessed that he had in fact done wrong? And if he had confessed wrong, what then would be your comments? Would you compliment, or, would you still ridicule him? I want to know your answer as to whether or not there is, or ever could be, a positive and constructive difference in his life, or for that fact, your view of him.

Posted 14 January 2016, 8:20 a.m. Suggest removal

well then he would be the only PLP until the fella that just switched boats to PONY UP TO THE TRUTH... something we rarely see from the PLP.

Posted 14 January 2016, 1:19 p.m. Suggest removal

You mean Mr. Raynard Wells... nonetheless, you did not thoroughly answer my questions. But, is a persons ability to "PONY UP TO THE TRUTH" a matter of political affiliations???

Posted 14 January 2016, 6:48 p.m. Suggest removal

ThisIsOurs says...

I don't have to go back to the 1980's commission of inquiry. In January, "2013" I believe, night of the gaming referendum, George Smith said on national tv, and quite angrily at that, "why does it matter how you made your money?". If I hadn't heard it myself I would not have believed he uttered those words publicly. Some may say he misspoke. But I cannot think of any situation where a man of character would ever think to say those words as justification for anything.

Now does he deserve a second chance? Sure, but second chances don't start from the top and trust has to be earned. If you want people to forget what you did, forget that, it won't happen, it's the price you pay.

Posted 14 January 2016, 8:58 p.m. Suggest removal

As a card carrying member of the FNM, I still say that we need to do away with the bitterness and hate by which we express our opposition to the governing party and their members. It is this beastly attitude that makes me concern and that 'mucky' the good prospects for a functioning democratic system and the outcome of its processes.

Yes... if these persons were to retire, as I also want them to, how then would we treat them? Would we continue bashing them or seek to make their retirement irritable and uncomfortable just because of what we feel they were lacking, and therefore, their failures in the past? Friend, let's do a check on our attitude. It is a determining factor in our altitude... Love ya

Posted 14 January 2016, 8:33 a.m. Suggest removal

Economist says...

While I always felt that Mr. Smith was a minor player in the debacle that was Carlos Leader, he was still nevertheless a player. His biggest crime is that when all the complaints and reports were coming in, least no one forget Norman Soloman's report and the subsequent fact that his car was, it would appear, fire bombed, Mr. Smith did nothing.

He was the MP for the area. It was clear to anyone with an ounce of common sense what was going on. It went on for a couple of years before the NBC News Report and the subsequent Commission of Inquiry put an end to it all.

Mr. Smith is guilty of letting down the Bahamian people when he had the position and ability to do something, so for him to now expound on this country is a privilege that he has forever forfeited.

Please go quietly into the shadows Mr. George Smith that we may hear you no more.

Posted 13 January 2016, 4:34 p.m. Suggest removal

cmiller says...

George,
Please! Go! Don't talk! Don't come back! Please!

Posted 14 January 2016, 7:59 a.m. Suggest removal

Seallce, since you are of the view that Mr. Smith “lies’… and that “no one believed him then and no believes him now”… would it have made a difference with you, in regards to a change in your comments, had he ball-over and confessed that he had in fact done wrong? And if he had confessed wrong, what then would be your comments? Would you compliment, or, would you still ridicule him? I wan to know your answer as to whether or not there is, or ever could be, a positive and constructive difference in his life, or for that fact, your view of him.

Posted 14 January 2016, 8:34 a.m. Suggest removal

OK then... let's say I join in with bashing Mr. George Smith for what the Commission of Inquiry concluded about him...

WHY THE HELL THEN DON'T WE STAND UP AND GIVE PRAISE AND HONOR TO MR. NORMAN SOLOMON. GIVE HIM THE KUDOS THAT HE, WOULD THEN AND NOW, DESERVE FOR STANDING UP ALONE (I recalled precisely) AGAINST THE ACTIVITIES THAT WERE CARRIED OUT IN NORMAN'S CAY???. Is it because his skin was white???

He got his car burned down, home shot at and his life was seriously threatened.... I sold the newspapers in those day and it was I who had the guts to read out the headlines to my purchasing customers!!!

Friends, my greatest fault is this, though not being subjected to the Commission of Inquiry... unlike some others, I CAN RECALL...

Posted 14 January 2016, 8:44 a.m. Suggest removal

Godson, the facts, as you know, are that Norman Solomon went to Normans Cay and was chased off at gun point.

He reported his experience to the House of Assembly, of which George Smith was a member. In fact Mr. Smith was the member for the very constituency in which Normans Cay is situate.

Mr. Solomon went because other people had reported, publicly, that there was very suspicious activity going on at Normans Cay. Reports had been coming out since 1980.

With all this information before him Mr. Smith remained silent and took no action. That leads to a couple of conclusions, none complementary of Mr. Smith.

He has shown that he is either corrupt, incompetent or both, but no matter how you look at it, he was in a position of power (he was a minister in the Cabinet of the Government), in a position to do something, yet he did nothing and so failed the Bahamian people.

He did not listen to us when we cried out for help. He abandoned his people.

At least, in his old age, he should show some respect to the Bahamian people, and say no more.

Posted 14 January 2016, 10:17 a.m. Suggest removal

And to be frank with you, and other readers, ever since the Inquiry, and now as an informed adult, I have observed the life and pursuit in this society of the Chairman of that Commission... and I say at best, I am not impress with him... it seems, he too, like Sir Lynden, is into hoarding wealth and position for he and his family. In fact, because of this display greed and better-than-thou-upmanship attitude, I think sometimes that I owe Sir Lynden an apology for the stance I took against him back then... which actually emanated from the information and impressions I got as a result of the 1983 Commission.

Then to hear the Chairman's son the other day talk how he and Sir Lynden was close friend, notwithstanding, he and I work closely in Englerston to unseat the PLP there. But, my point remains, why have not we, as 'honest citizens' done more to recognize Mr. Solomon and the brave stand he took against crime and criminals. The life of this man should have been continually heralded in our ears for centuries to come.

Before my own spiral, which happened to lead to my imprisonment, Mr. Solomon, and Mrs. Cleopatra Christie, were those persons of inspiration who stood out in my mind as, citizen and public servants of note, who were bold and dared to stand up and sacrifice themselves and careers against crime and corruption in The Bahamas.

Posted 14 January 2016, 12:18 p.m. Suggest removal

Amen!

Posted 14 January 2016, 10:53 a.m. Suggest removal

banker says...

The Kerry Commission established the guilt of all with the testimony of Gorman Bannister. Mr. Smith cannot exorcise the taint of criminality no matter how hard that he tries, because it is the truth. Smith, Pindling and the PLP are all on the wrong side of history, and nothing can change that. They sold the country for filthy lucre and we are reaping the sins of the father. Smith is still part of the problem, and the only value he adds is that of entertainment or an example of human perfidy.

Posted 14 January 2016, 11:32 a.m. Suggest removal

asiseeit says...

Mr. Smith just needs to go away, he and those like him have done untold damage to this country. It is the politicians that have brought The Bahamas to this disgusting place that we find ourselves as a Nation and he was front and center. Go away, you are not wanted, you are a parasite, and a destructive force. The Bahamas would be good to see the end of you and those like you!

Posted 14 January 2016, 12:12 p.m. Suggest removal

Economist, your are correct as far as the historical information... However, Mr. Smith has explained what is known to be the factual outcomes of the Commission of Inquiry. These may or may not be verified.
And to be frank with you, and other readers, ever since the Inquiry, and now as an informed adult, I have observed the life and pursuit in this society of the Chairman of that Commission... and I say at best, I am not impress with him... it seems, he too, like Sir Lynden, is into hoarding wealth and position for he and his family. In fact, because of this display greed and better-than-thou-upmanship attitude, I think sometimes that I owe Sir Lynden an apology for the stance I took against him back then... which actually emanated from the information and impressions I got as a result of the 1983 Commission.
Then to hear the Chairman's son the other day talk how he and Sir Lynden was close friend, notwithstanding, he and I work closely in Englerston to unseat the PLP there.
But, my point remains, why have not we, as 'honest citizens' done more to recognize Mr. Solomon and the brave stand he took against crime and criminals. The life of this man should have been continually heralded in our ears for centuries to come.

Posted 14 January 2016, 12:20 p.m. Suggest removal

Yup, Norman Solomon was on of the best Members of Parliament that we have ever had. He was sharp witted and had a good command of the English language. He kept the Government on its toes.

I always looked forward to his debate on the Budget. We could do with one or two Norman Solomon's in the House today.

Posted 14 January 2016, 12:26 p.m. Suggest removal

Thank you Economist for your sincere acknowledgement... Mr. Norman Solomon deserves our loud applauds. He made me proud to be a Bahamian; and one to walk away and stand up against crime and corruption

Posted 14 January 2016, 12:51 p.m. Suggest removal

I really take exception to your wording of "factual outcomes" of the Commission of Inquiry. It was a farce from the beginning to end, and it is a shameful chapter in Bahamian history.

Posted 14 January 2016, 2:19 p.m. Suggest removal

Sorry... I never meant to convey that what they concluded was the truth. Only that they, the Commission, had in fact produced a conclusion.

Posted 14 January 2016, 6:51 p.m. Suggest removal

I'm thinking he called it a "farce" because after all the investigations, no one was prosecuted despite the evidence that something was clearly wrong and someone*S* was the cause.

Posted 15 January 2016, 5:16 a.m. Suggest removal

Boi... this a tough statement to counter-comment...

Posted 14 January 2016, 6:55 p.m. Suggest removal

Also what gall to quote Winston Churchill, you Sir are the very opposite of Mr. Churchill. He was a man that gave himself to his country, you Mr. Smith look to see what you can get from yours. Winston Churchill worked to protect his country while you sir, are nothing more than a parasite upon yours!

Posted 14 January 2016, 12:23 p.m. Suggest removal

There is not one politician sitting in the HOA that could even come close to the class act that was Mr. Norman Solomon, he was a patriot and a TRUE Bahamian. Perry and his band of thieves would have been schooled by this giant of a man!

Posted 14 January 2016, 1 p.m. Suggest removal

Many a light skinned Bahamian accustomed to classifying themselves as "white", are deeply hurt when they spend time outside the country and are mistreated because they clearly have black lineage. To the outside world they are simply "black". Something that is apparently incomprehensible them.

Posted 15 January 2016, 5:08 a.m. Suggest removal