Thursday, September 6, 2018
By RASHAD ROLLE
Tribune Staff Reporter
rrolle@tribunemedia.net
ATTORNEY Maurice Glinton, QC, believes the Minnis administration's purchase of the Grand Lucayan resort is unlawful.
In a recently written opinion piece, he described the purchase as evidence that the government's "decision-making process (or lack thereof) is critically impaired".
"By that," he noted, "I mean 'flawed' for not obviously being as informed as such process must be by views of proximate stakeholders consulted on the practicality and legality of an acquisition that will make The Bahamas government a licensee of Grand Bahama Port Authority Limited entitled to enjoy the benefits and privileges in virtue of the 1955 Hawksbill Creek Agreement and the subsequent 1960 and 1966 amended agreements, all statutory in nature as enabled by Acts of the Bahamian Parliament."
Mr Glinton argued that key government officials demonstrate a lack of curiosity and vigilance concerning the provisions of the Hawksbill Creek Agreement and its implications for public policy.
"Sound public and fiscal policies demand that the government avoid the mistakes which are bound to result from not having and following knowledge-based rather than emotionally driven decisions if attaining real long-term economic and political stability of the country are the objectives," he wrote.
"The government's purchase of the Grand Lucayan resort property will not achieve any such objectives, and not only because it is ultra vires and unlawful, but rather because, inexplicably, it is generally accepted and excused as such but rationalised around other more ephemeral principles. Nor is it another instance of bad public policy to which one is susceptible through simple indifference to, or intellectual laziness towards, disciplined research and analysis that will dictate the consequences of executing essential governmental functions and responsibilities under one's charge.
"Such instances are noteworthy rather because the decisions can often exact a high toll on the consolidated fund and citizens' pockets never shut to policy makers, and sometimes, regrettably, upon this nation's sovereignty. One should be apprehensive of the latter concern as a real possibility given some of the interests being served and the immense stakes involved."
Contacted by The Tribune yesterday, Mr Glinton said there is nothing the government could do to make its purchase of the resort legal.
"They can't be going into the consolidated fund to get money nor can they be borrowing money that they can guarantee the repayment of," he said. "This isn't just any transaction. This is a translation that violates the Hawksbill Creek Agreement."
Asked who would have standing in court to challenge the government's purchase of the resort, he said: "Nobody is thinking about litigation. Most people expect the government to respect the laws that they have made and you have a case such as this where what has happened is the government itself is breaching the law. The licensees have standing. The Port Authority ought to be protesting but they have long been able to co-opt the government through privileges in certain things and that's really how we find ourselves."
When contacted yesterday evening, Attorney General Carl Bethel said he will review Mr Glinton's commentary.
Comments
TalRussell says...
Is it possible that we colony islands comrade AG Carl Wilshire, might find that the legal commentary penned by learned "King's Counsel" Maurice - might be above comprehension his limited traffic court lawyering... hope the imported English's trained King's Counsel is still on a publicpurse's retainer.
Posted 6 September 2018, 5:07 p.m. Suggest removal
ThisIsOurs says...
Traffic court... Lol
Posted 6 September 2018, 7:32 p.m. Suggest removal
BahamaPundit says...
The Dr. paraded himself as a bastion of honesty and transparency in order to get elected. His hypocrisy means that he should be judged all the more harshly now that he is displaying the same old corrupt government style as his predecessors. I cannot begin to describe my dissapointment with his time in office. His utter lack of transparency is, to me, his greatest sin.
Posted 6 September 2018, 5:15 p.m. Suggest removal
licks2 says...
MY MY YOU DON'T UNDERSTAND A DANG THING WRITTEN UP THERE AYE? That lawyer rants een make no sense at all. . .and you just jumped on that nonsense without using ya head there fella. . .I guess the other way ya can "swing" Bahamians is to talk a whole heap of discombobulation and gee it to them. . .THEM DON'T READ NO-HOW. . .AND THEM WHO CAN READ DON'T SEEM TO UNDERSTAND TOO GOOD NEITHER!!
Posted 7 September 2018, 12:10 p.m. Suggest removal
BahamasForBahamians says...
The only reason you don't understand it is because you're too FNM to do so.
idiot.
Posted 7 September 2018, 2:40 p.m. Suggest removal
Gotoutintime says...
The HBC Act died in 1967!!
Posted 7 September 2018, 10:48 a.m. Suggest removal
mandela says...
Would you buy a used house or car without first informing oneself about the condition and what is needed to get it up and running? if the answer is yes then Mr. Glinton is wrong.
Posted 7 September 2018, 12:47 p.m. Suggest removal
The_Oracle says...
Mr Glinton is correct, however so much has gone by the wayside in this country with respect of the HCA and the Laws of the country it is no surprise the Government is proceeding the way it is.
Operating by precedent rather than rule of law, is a guaranteed method for repeating ever increasing folly.
This, as in all else that has gone before will not end well.
Posted 7 September 2018, 1:04 p.m. Suggest removal
John says...
***"The government's purchase of the Grand Lucayan resort property will not achieve any such objectives, and not only because it is ultra vires and unlawful, but rather because, inexplicably, it is generally accepted and excused as such but rationalised around other more ephemeral principles. Nor is it another instance of bad public policy to which one is susceptible through simple indifference to, or intellectual laziness towards, disciplined research and analysis that will dictate the consequences of executing essential governmental functions and responsibilities under one's charge.*** .If what the good lawyer is so affirmed and definite, then he should translate his legal jargon into simple English, so we wit one lil D average could understand." And since what much of what he is saying is opinion, or is subjected to opinion, either his or someone else's, it cannot be finite or written in stone, or in law that the Minnis government is, in fact breaking the law, and there fore subjected to be tested vis a vis litigation, as is with the case with the Web Shop boys dem. In the mindset of the Minnis government, the purchase of the hotel is essential to the revitalization of Freeport and Grand Bahama, by extension, and also for the urgent creation of immediate or. at least,
urgent employment of hundreds of Grand Bahamians, and that being the foregoing and Grand Bahama being in a state of deep depression and with no private investors coming forward, at least in the time present, to invest in Freeport, or at least to purchase and restore and operate said hotel and property, the government considers the city of Freeport, and by extension, Grand bahama, in a state of emergency and the purchase , repair and operation of said hotel essential..just saying.
Posted 7 September 2018, 2:48 p.m. Suggest removal
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