By DENISE MAYCOCK

Tribune Freeport Reporter

dmaycock@tribunemedia.net

THE attorney for Bruno Rufa on Thursday made a request for his criminal trial to be dismissed in the Magistrate’s Court because of the continued refusal by government to allow his client entry to The Bahamas for his trial in Grand Bahama.

Despite repeated requests made last year to the Bahamas Department of Immigration, no permission has been granted to the Canadian, who is unable to travel to the Bahamas without the authorisation of Director of Immigration William Pratt.

Mr Rufa – a longtime condominium owner and winter resident in Freeport - is facing charges of allegedly engaging in gainful occupation without a work permit. He was arrested by immigration officials and charged in January 2015. He was released on $2,500 bail.

During the continuation hearing on Thursday, Carey Leonard, of Callenders & Co law firm which represents Mr Rufa, informed Deputy Chief Magistrate Debbye Ferguson that Rufa was not in court because he had not received permission from the Immigration Department for his entry to The Bahamas.

He said that requests were made in October and November 2016, for Rufa to be permitted in the country to attend his trial, and to deal with hurricane repairs at his unit at the Coral Beach Condominiums. Mr Leonard said the law firm has not received a response from the Department of Immigration and asked for a dismissal.

He said that Mr Rufa had attended all court dates that were set since the trial started in 2015 before being denied entry into the country.

The attorneys for Rufa have also filed a motion for a constitutional hearing in the Supreme Court concerning a refusal by the Immigration Department to a request to view the criminal file against the Canadian.

The hearing is set for June 14 and 15.

Erica Kemp of the Office of the Attorney General in Freeport, appearing on behalf of the Department of Immigration, felt that the request for a dismissal was premature because the matter has now been referred for a constitutional hearing in the Supreme Court.

“We know that (Rufa) has appeared for trial, however today’s court hearing in the Magistrate’s Court is merely an update for this court because the matter cannot proceed unless counsel for Rufa withdraws the (constitutional) application from the Supreme Court and have the matter set back here. That procedure must be done, but the matter is now before Justice Petra Hanna-Weekes,” she said.

Deputy Chief Magistrate Ferguson said that she has been advised that two dates have been confirmed for the constitutional hearing.

“Even though I know it seems to be thorn in the side of counsel for Mr Rufa - I am talking about the conduct of the Immigration Department based on what I am hearing - I would hope that the director of immigration does what is necessary for Mr Rufa to attend court to have his matters dealt with, be it in the Magistrate’s Court, Supreme Court, and the Court of Appeal. He has a right to appear,” said the magistrate.

“At this stage…since the dates have been confirmed for the constitutional hearing, I think it is a bit premature to ask for a dismissal, and so I will allow the matter to run its course until the Supreme Court makes its decision or renders a decision in the matter.

“I am sure counsel will bring to the attention of the upper courts if they face further difficulties (with immigration) to what is not being done in reference to Mr Rufa in his personal appearance for his trial in this country.”

When asked about bail extension for Rufa, she said: “I will extend bail for the defendant, I see no reason to issue a warrant or go behind to investigate what is happening. You (Mr Leonard) have been forthright with the court. And so again, I advise the (Office of the Attorney General) if they can find out if there is a difficulty, what the difficult is, or give proper advice to the Department of Immigration in terms of their conduct, if it is suspicious about your client, to exercise caution.”

Magistrate Ferguson adjourned the trial to July 13.