By KHRISNA RUSSELL

Tribune Chief Reporter

krussell@tribunemedia.net

ATTORNEY Wayne Munroe, QC, has accused the competent authority of “playing games” with Bahamians’ liberty, as he suggested the country could be on the brink of upheaval over the issuance of a new emergency proclamation.

Speaking to The Tribune yesterday, Mr Munroe questioned the grounds for which a new proclamation has been issued, adding attorneys are exploring a lawsuit against the government over the continuous restriction of people’s movement.

His comments came the day after Governor General CA Smith issued the new proclamation, his third since the COVID-19 pandemic began earlier this year.

The new proclamation was issued a week after Prime Minister Dr Hubert Minnis told the House of Assembly he intended to seek Parliament’s approval to extend the country’s state of emergency, which was set to expire on November 30 under a previous proclamation, to December 28.

However, the newest emergency proclamation means a state of emergency can be in place for up to six more months, unless revoked earlier.

“What happens is the Constitution says that the Governor General can make a proclamation of a state of emergency and it has a life of 14 days and then it says Parliament may extend up to six months but nothing requires the Governor General to put that in his proclamation,” Mr Munroe said.

“But stop and think about this, the current regime that they are in means that the state of emergency that we’re currently on could have been extended to the middle of January. We are now coming to the end of November. How do they know what will be the state of affairs by January?

“The competent authority is playing games with people’s liberty. The Bahamian people’s patience is going to run out with them and they will soon learn that 8,000 policemen and soldiers cannot control 400,000 people. They need to stop doing stupidness.

“The bottom line is this: you have a state of affairs that can remain until the middle of January, why oh why are you at the middle of January purporting to say you will need more time than that?

“What is the need for the precipitous declaration now? Haven’t they told us that the rate of infections and hospitalisations are falling? Aren’t the fatalities falling? So what is the emergency?

“He’s going to bring it to a point that people like me are going to tell the public that 8,000 police cannot subjugate 400,000 people.”

Mr Munroe said with the continuance of emergency orders, Bahamians will have no choice but to fight for their rights. “At some point the Bahamian people will have to do what has always been done when tyrants and despots try to take their rights. You sometimes have to resist them.”

Attorney General Carl Bethel told The Tribune on Tuesday night that a new proclamation was issued because the government “wished to avoid debate on a new proclamation in the middle of the Christmas holidays”.

“It would take MPs out of their constituencies for about a week having regards to the need to table in both Houses (of Parliament) and debate the next day.

“The Governor General in his own deliberate judgment decided to make the proclamation. He could have always said no. It was ultimately his decision,” Mr Bethel explained.

Tuesday night, Progressive Liberal Party leader Philip “Brave” Davis said the opposition party “does not and will not support the new proclamation of emergency issued this evening by the Governor General.”

Mr Davis said in a statement: “We will refuse to allow the matter to be debated... in the House and will not waive the notice requirement.

“The issue of the proclamation is an abuse of power. Civil liberties have been suspended long enough and we say the suspension must end and go no farther.”

The Bahamas has been under a state of emergency since the Governor General first issued a proclamation on March 18, shortly after the country recorded its first COVID-19 case.

That initial proclamation expired on June 29 after the government failed to bring a resolution in time to have it extended.

However, the Governor General swiftly issued a second proclamation.

Last week, former Minister of State for Legal Affairs Damian Gomez, QC, told The Nassau Guardian the government may face litigation if a new proclamation of emergency was issued.

“I think they’ll start to see litigation at that point,” Mr Gomez said.

“My view of it is, firstly, you should only use states of emergency sparingly. Doing it repeatedly undermines the perception of the country as a country governed by laws and freedoms.”

The proclamation is set to be debated in the House of Assembly today.