Nolle prosequi for Sandals is 'an abomination to justice'

Thursday, September 22, 2016

By KHRISNA VIRGIL

Deputy Chief Reporter

kvirgil@tribunemedia.net

ATTORNEY General Allyson Maynard-Gibson’s issuance of a nolle prosequi to discontinue court proceedings against the Sandals Royal Bahamian Resort and two of its senior executives was an “abomination” to justice, said Long Island MP Loretta Butler-Turner as she questioned whether the government conspired with the hotel when it terminated hundreds of workers.

This “secret,” “suspicious” and “expedient” directive of no prosecution to the Magistrate’s Court to drop the criminal action on August 15 was condemned by the MP, who said it also raised concerns over the constitutionality of the government’s actions.

She castigated the Christie administration for disrupting the judicial process, which she called a glaring example of the government’s decision to side with foreign interests over hard working Bahamians.

The former deputy leader of the Free National Movement said this constituted an “abuse of power.”

When contacted yesterday, Mrs Maynard-Gibson refused to answer questions on the matter, telling The Tribune that the attorney general does not speak about nolle prosequis.

It emerged on Tuesday that on the same day that the nolle prosequi was issued, the Cable Beach Resort terminated nearly 600 workers to facilitate a $4m renovation. This move sparked outrage from union executives who accused the Christie administration of failing to be transparent regarding its actions and intentions.

“The revelation of a nolle prosequi by the attorney general, which was expediently and suspiciously issued the very day that approximately 600 Bahamians were made redundant by Sandals Resort, is a blatant demonstration of the callous and uncaring attitude of the PLP toward the rights of Bahamian workers,” the FNM’s shadow minister of labour and social development said in a press statement yesterday.

“The PLP is disrupting the judicial process and playing fast and loose with the rule of law by intervening in a private matter that affects the lives of hundreds of Bahamian workers and their families. The government has secretly intervened in a court matter, clearly taking sides with foreign interests over hard working Bahamians.

“The Bahamas court, the arbiter and proper place for justice to be carried out for all, is being circumvented by a heavy-handed, non-transparent and unaccountable administration, which has a habit of siding with foreign interests at the expense of Bahamians.”

She added: “The PLP has over-reached. It is acting in an autocratic and dictatorial manner. It is denying the constitutional rights of Bahamians seeking justice through our judicial system.

“The Free National Movement condemns this reprehensible act by the government. It is an abuse of power by the Perry Christie-led government and by Attorney General Allyson Maynard Gibson.”

Mrs Butler-Turner said the PLP must be removed from office, as it was clear the party was in the business of making secret deals to preserve political power.

“Instead of allowing the courts to decide the arguments on both sides of the case, the attorney general stepped in the middle of the case,” she added, seemingly becoming “the judge and jury by not giving the workers a chance to state their case in a fair and impartial forum.

“The people have every right to be extremely suspicious that the attorney general issued this secret order on the same day that approximately 600 Sandals workers were made redundant. Was the PLP government conspiring with the owners of the Sandals Resort?

“It is time for the PLP government to start putting the interests of Bahamians first. Secretly making deals made to preserve political power has consequences for the Bahamian people. The FNM will continue to fight for all Bahamians and to make their interests paramount,” she said.

Mrs Maynard-Gibson’s instructions to issue the nolle prosequi were described by Trade Union Congress (TUC) President Obie Ferguson on Tuesday as “adding insult to injury.”

He said the entire trade union was “very shocked” by the move and accused the Christie administration of betraying and deceiving the Bahamas Hotel Maintenance and Allied Workers Union (BHMAWU) along with all workers.

Mr Ferguson pointed out that despite the TUC’s BHMAWU affiliate, and other trade unions, engaging in talks with the government for more than a month in a bid to resolve the Sandals situation and other matters, neither the prime minister nor Mrs Maynard-Gibson disclosed that the nolle prosequi was issued.

He added that the directive was only brought to light during court proceedings on Monday.

The directive to the court “authorises” and requires it to enter into its records that the proceedings against Sandals and two senior executives “be discontinued.”

This halts the action launched against the resort, its general manager, Gary Williams, and financial controller, Fitzroy Walker, by five officers of the BHMAWU who had alleged that Sandals Royal Bahamian was in breach of the Industrial Relations Act by failing/refusing to “treat or enter into negotiations” with the union.

They had also claimed that the resort, and Mr Williams and Mr Walker, had violated the Industrial Tribunal Relations Act by intimidating and terminating employees. The resort, and its executives, had denied all allegations.

Sandals came under fire for making the workers redundant in order to conduct improvements at the resort. The union charged that by doing so the hotel had engaged in “union busting.”

Labour Minister Shane Gibson told Parliament last month that the resort failed to notify the government of its intentions in good time and that it was a retaliatory attack on the BHMAU. He expressed dissatisfaction with the resort’s decision to make workers redundant rather than laying them off and have them return to work when the resort reopens in October.

Last month, Sandals hosted a four-day job fair at which the terminated workers could re-apply along with new candidates.

Comments

DillyTree says...

This is nonsense -- no reason for Sandals to be prosecuted for this. LBT needs to spend more time worrying about her own constituency and less time complaining about things she has no business with and trying to win points for political grandstanding. .

The bottom line is that the unions are the ones who need investigating. If they had done their job properly, there would have been no need for any of this. Sandals got tired of being dictated to by the "mafia unions" with all their thuggish posturing and unreasonable demands.

Though losing one's job is never a good thing, those who got paid out, instead of sitting idle for 2 months while Sandals completed renovations actually made out better than if they remained there. And now Sandals has presumably hired back many of the good workers while gotten rid of the slackers and troublemakers. I think that makes a much nicer working environment for everyone! I look forward to going back to work.

Posted 22 September 2016, 11:23 a.m. Suggest removal

TalRussell says...

Comrades! What if I took a leap faith to compare Long Island's Loretta to Leviticus with her always fumbling around with what she supports and doesn't support as a Red Shirt MP? I use Leviticus cause for many we modern day Christians, it is a funny book, believing Jesus replaced what he didn't like but never touched the things in Leviticus he liked. So for we modern day Christians. while we're quick to turn to reference Leviticus to make we Biblical Authority case but only for the things we like while ignoring all the things we don't like. Even Paul said a lot of Leviticus no longer applied - except of course for the parts that did?
Good Lord, my head all dizzy from mindthoughtin that one -even though I never touched that
"abomination feelin," Loretta says she's personally experiencing. That "abomination feelin" even tougher than Leviticus.
What about ducking out on the 410 Convention delegates, many Long Islanders does think that alone should have been enough of an "abomination feelin" for anyone to feel?

Posted 22 September 2016, 2:10 p.m. Suggest removal

theplpsucks says...

you are an epitome of an idiotic PLP even when the PLP is the Government and responsible for something you continue to blame the FNM. I guess you would blame the FNM if your dog ran down the street!

Posted 22 September 2016, 2:52 p.m. Suggest removal

Comrade ThePLPSucks, according to your viewpoint, please note that the only PLP
cross-reference that comes to my mind is the time when Salt Pond's MP Loretta, crossed over the House of Assembly isles to the PLP's side to slap the hell out the man she now must fight for her political life for to remain Salt Pond's MP.
For the record Comrade Tal, was not present in the House on the day the slapp'in incident was happening. I can assure you my hands were not involved.

Posted 22 September 2016, 4:16 p.m. Suggest removal

licks2 says...

I said earlier that Sandals will rue the day they made that high-handed whole sale firing of their staff and that decision will go on to destroy that brand name with the world. . .now this travesty of local justice!! Yinna must have forgotten that $12 million fine in the Turks and Caicos' Islands. . . or the negligence suite in Florida and how yinna tried to "duck" paying for a case that happened in the Bahamas. . .to take advantage of ole jack-up no fault laws in the Bahamas after the family lost the man in the home. . .the longer this run on the world will check up more on Sandals. . .SHE WILL SINK LIKE A PLP SHIP! Paying Lawyers and having ya past looked into will do more harm than the amount that must be paid out after the wrongful dismissal trials and rehiring. . .that company has done gone a shot it toes all off with its high-handed foolish thinking. I read the papers the other day. . .now they calling the redundancies dismissals instead. . .too late for them. . .either word. . .they screwed! They need to send they Jamaican staff home and hire some Bahamians or get us some smarter Jamaicans. . .this crew digging them deeper into a money hole day by day with their hard-mouth. . .and little business skills!

Posted 22 September 2016, 2:13 p.m. Suggest removal

sheeprunner12 says...

I agree with LBT ..................... but no one in this country can tell the AG what to do!!!!! ......................She can defy the PM if she wishes to hold to her convictions and does not have to explain ONE damn thing!!!!!! ............ that is what the Constitution provided her

Posted 22 September 2016, 2:37 p.m. Suggest removal

No. . .the constitution never provided for a rogue AG. . .that same constitution controls how the AG must not discriminate or deny justice to citizen! But don't get me wrong. . .I do not believe for one minute that the AG made her decision without the PM and his cabinet knowledge. . .that's why she is a part of his cabinet. . .he is head of decisions!

Posted 22 September 2016, 2:54 p.m. Suggest removal

And they "lee" her high and dry for the crowd who following the rocin doc. . .they know he ger win. . .so now they are loyal to their own interest. . .LBT is learning that the hard way. . .them same people are now jumping on doc wagon. . .but I think that doc really do "feel" that he need to protect LBT. . .

Posted 22 September 2016, 2:59 p.m. Suggest removal

thephoenix562 says...

If anyone believes The AG made this decision without the knowledge of the Cabinet then I have a bridge to sell you.Right wrong or indifferent the AG is within her powers and need not explain anything to anyone. Nolle proseque is used all the time and is not a PLP invention.I hold no brief for the PLP or the AG but i see nothing wrong or untoward with this decison. I just hope the same method is used for the Union leaders on trial.

Posted 22 September 2016, 3:15 p.m. Suggest removal

There is only one person in this nation that has no constitutional obligation to report to nobody except Lady Pindling. . .in her office as GG. . .NO ONE ELSE. . .GG OR PM!! That nonsense that the AG don't have to justify any nolle is wrong and was put forth by J. Fitzgerald in his nolle shambolic. . .and we know how that MP don't like nobody hold him accountable for anything! Lets wait to see who will get nailed for the nolle!

Posted 22 September 2016, 5:19 p.m. Suggest removal

78. (1) The Attorney-General shall have power in any case in which he
considers it desirable so to do-

(a) to institute and undertake criminal proceedings against any person
before any court in respect of any offence against the law of The
Bahamas;

(b) to take over and continue any such criminal proceedings that may
have been instituted by any other person or authority; and

(c) to discontinue, at any stage before judgment is delivered, any such
criminal proceedings instituted or undertaken by himself or any other
person or authority.
(2) The powers conferred upon the Attorney-General under paragraph (1) of
this Article may be exercised by him in person or through other persons acting
under and in accordance with his general or special instructions.
(3) The powers conferred upon the Attorney-General by sub-paragraphs (1)
(b) and (c) of this Article shall be vested in him to the exclusion of any other person
or authority:
Provided that, where any other person or authority has instituted
criminal proceedings, nothing in this Article shall prevent the withdrawal of those
proceedings by or at the instance of that person or authority at any stage before the
Temporary Ministers.
Allocation of Portfolios
to Ministers.
Functions of AttorneyGeneral

person against whom the proceedings have been instituted has been charged
before the court.
(4) In the exercise of powers conferred upon him by this Article the
Attorney-General shall not be subject to the direction or control of any other person
or authority.
(5) For the purposes of this Article, any appeal from any determination in
any criminal proceedings before any court or any case stated or question of law
reserved for the purpose of any such proceedings to any other court shall be
deemed to be part of those proceedings.

Posted 23 September 2016, 10:45 a.m. Suggest removal

Then if you hold this give the AG absolute power you have another think coming! You are making the most fundamental mistake in reading and understanding a constitution. . .you fail to see: "for the purposes of this article. . .to any court. . .and vested in him to the exclusion of any other person"! This gives the AG sole power to use Nolle. . .with no appeal to any court. . .BUT YOU FAIL TO SEE THAT APPEAL TO THE GG is open to all citizen by constitution and has no means of appeal as well by any person once a decision is made. . . including the AG!

The AG cannot use her/his powers as a means of preventing the rights of citizen given in the constitution. . .any staring of stopping of a legitimate case must be done of constitutional grounds. . .not the whim of the AG. . .and if a citizen has blatant evidence where the AG has abused his/her constitutional rights. . .he or she can write the GG for relief from a rogue and unconstitutional AG! YOU NEED TO READ THE SECTIONS DEALING WITH THE ROLE AND RIGHTS OF THE GG! OR WHO ARE THE HEADS OF STATE IN OUR CONSTITUTION. . .GG, PM,PM,SOH and LOO. . .THEN THE AG!

Posted 26 September 2016, 12:02 p.m. Suggest removal