03202024 NEWS

UNION CHIEF IN

POLICE SEARCH

Force denies swoop on BEWU president was intimidation

By JADE RUSSELL Tribune Staff Reporter jrussell@tribunemedia.net

POLICE said they searched properties owned by Bahamas Electrical Workers Union president Kyle Wilson after receiving a stealing complaint –– not to intimidate Mr Wilson, who has publicly opposed the Davis administration’s

By LEANDRA ROLLE Tribune Chief

purported plan to reform Bahamas Power & Light by dividing up the company with the help of private partners. During a tearful interview on ZNS last night, Mr Wilson said he believes authorities are trying to intimidate him, and he is concerned about his elderly

“would

DEFENCE LAWYERS OPPOSE ENDING JURY TRIALS

By EARYEL BOWLEG Tribune Staff Reporter ebowleg@tribunemedia.net

DEFENCE lawyers oppose eliminating jury trials, saying the diverse backgrounds of jurors make the system preferable.

The current and three former chief justices emphasised the benefits of bench trials last week, highlighting their efficiency, among other things.

However, defence lawyer David Cash noted yesterday

that many cases come down to the “credibility or believability of the police’s oral testimony,” which he said jurors might assess differently from judges.

“The police interact with members of different communities differently,” he said. “There are wealthy communities that are meant to be protected and poorer communities that are meant

SUPREME COURT TO REVIEW STUDENT ABUSE ACCUSATION

By EARYEL BOWLEG Tribune Staff Reporter ebowleg@tribunemedia.net

A TEACHER’S alleged assault on a six-year-old child at Adelaide Primary School and the Ministry of Education’s attempt to transfer the girl to a different school may be the subject of a Supreme Court examination after a judge granted the parent leave to apply for judicial review. Justice Lorien Klein ordered that the respondents the minister of education, district

GB CHAMBER UNCERTAIN OF PM’S DIAMOND DEAL BENEFITS

HARTNELL

NEIL

By

Tribune Business Editor nhartnell@tribunemedia.net

GRAND Bahama’s Chamber of Commerce president yesterday said he was unsure what economic benefits will flow from the diamond repository proposal that the Prime Minister discussed with Botswana.

James Carey told Tribune Business he had been unable to discover any details on a facility which the Prime Minister’s Office said was “explored” by Philip Davis KC and his ministerial delegation during their five-day state visit to the African nation his week.

Union chief in police search

from page one

parents.

However, Inspector Desiree Ferguson told The Tribune yesterday that officers executed a search warrant around 6pm on Monday on the apartment of one of Mr Wilson’s tenants, not at Mr Wilson’s residence.

She said police received an official complaint about stolen items from a vehicle, and officers recovered items that were suspected of being stolen.

“At no time did officers search the residence of the

tenant,” she said. “Emphatically, I can be clear that the police in no way were using this as a form of intimidation based on the disputes that he may have going on, based on whatever his position or title is. This investigation that was launched by the police has no bearing on what he has going on with BPL.”

Mr Wilson said that Monday was the third time in four days police came to his yard.

“It’s a scary situation,” he said. “You know, I have elderly parents at home.”

He said the episode was embarrassing for him.

Insp Ferguson said: “We have a responsibility once an official complaint is lodged. The police have a responsibility to do due diligence to investigate.”

During an unrelated press conference yesterday, Free National Movement leader Michael Pintard said the search was “curious” given that BPL union leaders have recently expressed concern about a publicprivate partnership the government is pursuing to reform BPL.

Pintard joins PM in call for reform of United Nations Security Council

By KEILE CAMPBELL kcampbell@tribunemedia.net

ONE day after Prime Minister Philip “Brave” Davis called for the United Nations Security Council to be reformed, Free National Movement leader Michael Pintard said the FNM believes more equity in decision-making at the United Nations is needed.

Mr Davis’ comments in Botswana on Monday were in response to the conflict in Gaza, where thousands of Palestinians have been killed since hostilities began in October when Hamas attacked Israel.

“At the end of the day, money is determining who wields the power at the United Nations, and that does not provide, in our view, the parity in terms of deciding what is the most important set of programmes that impacts the lives of people across the globe,” Mr Pintard said during a press conference yesterday.

He said both political parties have long agreed

that the UNSC needs to be reformed. Given the country’s reliance on the United States, some were surprised by Mr Davis’ pointed comments on Monday.

Mr Pintard said principles should govern what leaders say locally and abroad, not the stature of the country wielding its veto power.

The United States of

America has repeatedly vetoed resolutions calling for a ceasefire in Gaza.

Mr Pintard said: “The veto power historically has been used in cases that are questioned by many of the

members of the United Nations, so it is not out of bounds for this or any other leader to raise a question on how one of those countries with veto power uses it.

“That is something that is appropriate for leaders of countries to raise, so we don’t take issue with him raising a question about that, as long as he is on the right side of that issue.”

BAHAMAS ELECTRICAL WORKERS UNION PRESIDENT KYLE WILSON

FREE National Movement (FNM) leader Michael Pintard, flanked by FNM secretary general Serfent Rolle, FNM chairman Dr Dwayne Sands and FNM deputy leader

Shanendon Cartwright, speaks during a press conference to announce their party’s Anti-Crime Community Initiative at FNM Headquarters yesterday.

Photos: Dante Carrer

Defence lawyers oppose eliminating trials by jury

from page one

to be policed. Judges don’t live in those communities where the police kick down doors and shoot dogs.

Judges do not experience the type of interactions with police that ordinary members of the public endure.”

“Also, there are troublesome incentives associated with judge-only trials. A government may be tempted to give extensions to judges who convict at a higher rate or give promotions to appellate courts to judges who convict more often. The jury system needs to be bolstered and not abandoned.”

Another attorney, Ian Cargill, suggested the small size of The Bahamas makes it best not to have one’s future left “to the mercy of one”.

“It’s dangerous,” he said.

Court of Appeal president Sir Michael Barnett

argued during an event marking the 25th anniversary of the Eugene Dupuch Distinguished Lecture last week that jurors of “humble origins” may not be able to fully grasp complicated matters like complex fraud cases.

Attorney Romona Farquharson called this a poor assumption yesterday.

“I don’t see why there’s a feeling that they would, the average populace or persons who have been selected to a jury, be backward in some way and not able to understand the concept of fraud or stealing,” she said.

“We have to be so careful in not wanting to just throw the baby out with the bathwater because when you’re talking about your jurors, those are persons who ought to have the same sort of demographic, sort of background, and who can somewhat understand you and make that

determination with that sort of thinking and understanding in mind.”

She noted that compared to jurors, judges sometimes come from more affluent backgrounds than defendants.

Another defence lawyer, Bjorn Ferguson, believes jury trials should remain for indictable offences like murder, but supports giving people the option of a bench trial in some instances, noting this exists in the Magistrates Court for summary matters.

“Normally, the jurors can’t follow the evidence or can’t follow the flow of the trial, and so that could be unfair both to the defendant and to the prosecution,” he said.

Attorney General Ryan Pinder said on Sunday that the government is unlikely to put forward a constitutional referendum concerning jury trials, a constitutional right.

POLICE DENIES THREAT TO SEARCH UNDERWEAR OF GIBSON’S RELATIVE

from page one

Mr Gibson owned ––and properties allegedly belonging to the former chairman of the Water & Sewerage Corporation (WSC).

He said Deputy Police Commissioner Leamond Deleveaux assembled a team that went to Long Island in April 2022 after authorities received a fraud complaint from the corporation.

He said officers identified properties of interest in Grays, Long Island and Deadman’s Cay.

He said several vehicles and ATVs allegedly belonging to Aaron’s Car Rental were also identified and photographed during the visit to the island.

He said officers searched the surrounding property near the vehicles and found a house from which the rental company

appeared to be operating. He claimed he met an elderly man there who gave his last name as “Gibson.”

Mr Gomez, cross-examining him, said: “I put it to you that you said to him that you would search his house and go through his underwear.”

Mr Pratt responded that this never happened. He said he knew how to conduct himself.

When asked about police interviews with various witnesses and defendants, he denied that they were officially interviewed at the WSC’s headquarters.

Several witnesses, including Tanya Demeritte, previously claimed police questioned them at the corporation.

Mr Pratt was shown a 2021 property sale agreement allegedly between Ebenezer Methodist

Church and Adrian Gibson. Asked about the purchase price on the document, he said it was around $525,000.

Mr Gibson is facing money laundering charges concerning his tenure as WSC executive chairman under the Minnis administration.

He is charged with former WSC’s general manager Elwood Donaldson, Jr, Joan Knowles, Peaches Farquharson and Jerome Missick.

Mr Gomez, KC, Murrio Ducille, KC, Bryan Bastian, Ryan Eve, Raphael Moxey, Ian Cargill and Donald Saunders represent the defendants.

Meanwhile, acting Director of Public Prosecutions Cordell Frazier, Cashena Thompson, Karine MacVean and Rashied Edgecombe are the Crown’s prosecutors.

Video evidence in Kwondrick Lowe’s inquest shows he threw an object seconds before being shot by an officer

By PAVEL BAILEY Tribune Staff Reporter pbailey@tribunemedia.net

SURVEILLANCE footage showed that 18-year-old Kwondrick Lowe threw objects seconds before an officer killed him near Kemp Road in 2023.

The Coroner’s Court inquest into the killing continued yesterday.

Police claimed they engaged Lowe around 12.30am on January 21, 2023, pursuing him into Hillbrook Close, where he was shot and killed.

Inspector Kevin Deveaux of the police digital forensic unit testified that he retrieved two sets of security footage from Mil’s Chinese Restaurant and Bar showing what happened on the night of the shooting.

Footage shown from a camera at the rear western side of the building showed Lowe in a blue hoodie running behind two parked vans around 12.36am. Three officers appear in the frame shortly after searching for the deceased as he continued to duck behind the van’s hood. Lowe retrieves an object from his waistband and throws it before police Constable 4041 Anderson shoots him. PC Anderson’s actions are the subject of this inquest.

When questioned by K Melvin Munroe, the attorney for the officer, Inspector Deveaux said there was about two seconds between when Lowe threw an object

and was shot. According to the footage, additional officers arrived at the scene around 12.40am.

Footage from a camera at the front western side of the building showed the first of three officers using flashlights to search for the object thrown by the suspect in a nearby yard.

Detective Sergeant Danielle Cooper, the investigator that night, testified that he spoke to the officers involved in the shooting at the scene. With the aid of photographs taken by Detective Sergeant Austin Bowles, Detective Cooper told the jury that she found the deceased’s body lying face up between the two vans near a pool of blood. She also said there was bullet damage to the wall of the restaurant where Lowe was shot.

The deceased’s mother left the court in tears when photos of her son’s corpse were displayed.

Sergeant Cooper said a black Baretta APX 9mm firearm reportedly belonging to the deceased was found in a nearby yard 47ft from his body.

Detective Constable Leroy Strachan of CSI said five 5.56 cartridge casings were recovered near the deceased’s body. He said he collected the deceased’s alleged firearm and eight unfired 9mm rounds. He also indicated that the weapon and magazine were swabbed for fingerprint analysis.

However, when asked by a juror if there was evidence that the handgun was fired in the vicinity of Lowe’s body, DC Strachan confirmed that there was none.

Assistant Superintendent Jamal Edgecombe of the police firearm section read Inspector Greenslade’s report, which said PC Anderson was qualified to use the black 5.56 Colt M4 Carbine Rifle he had on the night of the incident.

ASP Mario Durrell collected this weapon at the scene along with 23 unfired rounds of ammunition.

ASP Edgecombe told Mr Munroe that the rifle was a shoulder-fired weapon.

He explained that to protect people, officers are not trained to wait for an armed suspect to fire before engaging.

He said officers are trained to respond in seconds in these situations because failure can result in the loss of life.

When questioned by Caniska Taylor, the deceased’s cousin, ASP Edgecombe said officers would not shoot if a suspect is surrendering with both hands up. He added that officers would use proportional force to subdue a suspect.

ASP Edgecombe told Ms Taylor that officers are not trained to shoot suspects on their hands or feet but to fire until they feel the threat is subdued.

Angelo Whitfield marshalled the evidence.

COURT of Appeal president Sir Michael Barnett argued during an event marking the 25th anniversary of the Eugene Dupuch Distinguished Lecture last week that jurors of “humble origins” may not be able to fully grasp complicated matters like complex fraud cases.

ADRIAN Gibson and his lawyers speaking outside court.

Review delay over ‘Demon Slayer’ ban erased benefits, theatre claims

By LYNAIRE MUNNINGS Tribune Staff Reporter lmunnings@tribunemedia.net

THE government’s lengthy review of the Film Control Board’s decision to ban an anime film has erased whatever benefits Fusion could have attained from overturning the decision, according to the theatre’s chief lawyer.

Tecoyo Bridgewater said Fusion had projected a profit of $42k over 30 days if it had been allowed to show “Demon Slayer: Kimetsu no Yaiba - To The Hashira Training”.

The Film Control Board gave the movie a rare D rating, preventing it from being shown in local theatres.

Fusion appealed that decision within 21 days as the law requires, but has reportedly heard nothing from the government about the review status.

Minister of Youth, Sports and Culture Mario Bowleg told this newspaper on March 5 that the review would involve the Office of the Attorney General.

Attorney General Ryan Pinder said “no” yesterday

when asked for an update and timeline for a decision.

Mr Bridgewater said although Fusion would not benefit from having the ban overturned at this late stage, the company would still “show it for the fans” if allowed.

The head of the Film Control Board previously defended the committee’s rating, saying the movie had no understandable plot and was not in English.

Mr Bridgewater responded that the board was considering matters outside its regulatory framework. He called for changes to the “archaic” law and review system.

“The regulation clearly states that a film may be denied ‘where it goes against public order or decency or other reasons undesirable in the public interest’,” he said. “The board thereby would be acting outside of its scope if it disallows the playing of a film because it has no storyline or it anticipates or assumes that a minor may or may not see it when it is exhibited. This, in my estimation, will be ultra vires the powers given to them.”

POLICE CHIEF FERNANDER ANNOUNCES RBPF TECHNOLOGY EXPO EVENT FOR APRIL

By JADE RUSSELL Tribune Staff Reporter jrussell@tribunemedia.net

THE Royal Bahamas

Police Force will host a technology exhibition in April highlighting gadgets and resources used in its fight against crime.

The police force’s firstever expo will be held at the Paul Farquharson Conference Centre from April 8 to 10, showcasing such technology as Shotspotter, CCTV cameras, police vehicles, and drones.

Police Commissioner Clayton Fernander told reporters yesterday that a new drone unit led by Assistant Commissioner Warren Johnson will be introduced.

“From Pixels to Protection: Innovation in Public Safety” is the exhibition’s theme.

Commissioner Fernander said the use of technology is highlighted in his 2024 policing plan, which National Security Minister Wayne Munroe is expected to table in the House of Assembly for viewing.

He said the plan includes preventative initiatives, gang intervention strategies, and details about partnering with Urban Renewal.

DEMON SLAYER: KIMETSU NO YAIBA - TO THE HASHIRA TRAINING

POLICE Commissioner Clayton Fernander unveils the banner for the Royal Bahamas Police Force (RBPF) Technology Expo is displayed during a press conference at Police Headquarters yesterday.

Photo: Dante Carrer

Supreme Court to review student abuse accusation

from page one

superintendent, and the attorney general –– “take all necessary steps to” immediately reinstate the child, Zendaya Deal, to Adelaide Primary School pending the hearing and determination of the

matter. He also ordered that the respondents pay $2,500 in costs to the applicant.

Romona FarquharsonSeymour, lawyer for the parent, claimed the saga began on November 6, 2023.

She claimed an art teacher holding a ruler injured the face of the six-year-old girl. “The mother was not informed of the incident by the school, but rather became aware when the child was being retrieved from school,”

she claimed. “Upon her arrival at the school and making enquiries as to what had happened and why she was not informed, a verbal altercation ensued between the mother and art teacher.

“A complaint was

made to the police about the assault to the child and verbal assault to the mother, but no charges have been laid.”

Mrs Farquharson-Seymour said on February 28, the Ministry of Education decided to transfer the child to another school

after two meetings with the mother and no appearance by the art teacher. She said the mother believes this was “purely motivated by the union having a protest and no regard to the lack of a fair hearing or the wellbeing of the child”.

Six Senses expecting final approvals by April with construction beginning as early as late summer

By DENISE MAYCOCK Tribune Freeport Reporter dmaycock@tribunemedia.net

SIX Senses Grand

Bahama could obtain its final approval from the Department of Environmental Protection and Planning (DEPP) by the end of April, according to the company.

Matt Rienzo, chief of marketing and staff at Weller Development Partners, said renderings of the residences in the $10m to $20m price range were released last week.

Construction is scheduled to start in late summer or early Fall. The Six Senses resort, which will comprise 45 waterfront and canal villas, is expected to be completed in 2026.

The company concluded its stakeholder engagement consultation process at the end of February and is working through the last two months of the DEPP process.

“Since releasing the renderings, we’ve seen significant interest just in the last week alone; we are very excited about where we are in the process right now,” said Mr Rienzo on Tuesday.

He said a large portion of the interest comes from the United States, the key market because of its proximity to The Bahamas.

He also expects interest from Canada, the UK, and elsewhere.

“We also expect that whether it’s residents who are purchasing

homes or guests visiting the resort, there will be international interests as well,” he said.

Mr Rienzo said there will be 10 beachfront residences and 18 on the canal, with prices ranging from around $10m to over $20m.

“We are creating a new market in Grand Bahama regarding the price point, but the offering is unique. It is consistent with other luxury properties in the Caribbean and The Bahamas,” he added.

The residences’ design will seamlessly blend with the natural environment and feature view sheds, a unique feature.

Mr Rienzo said that Six Senses ethos is deeply rooted in wellness and sustainability, adding that the resort and residences will be environmentally focused.

“We feel the people who are buyers are socially conscious and want to do things with their money that make a difference.

“We expect sales to go well, and we expect to have really positive results over the coming months,” he said.

He said the project will help bring jobs back to Grand Bahama. About 200 jobs will be created during the construction phase and once the resort opens. Mr Rienzo believes the project will bring more economic prosperity to the island and make a difference in Bahamians’ lives and the local economy.

RENDER of villas concept art

THE DISCOVERY Bay area where the Six Senses resort is planned.

Freeport, Grand Bahama

Freeport fax

Publisher/Editor

Contributing

(242)-352-6608

(242) 352-9348

WEBSITE, TWITTER & FACEBOOK

www.tribune242.com

@tribune242 tribune news network

Sustainable peace needed in Gaza conflict

A MESSAGE was sent to The Tribune’s managing editor recently, asking just one question – what is The Tribune’s position on Gaza?

A simple question perhaps but not a simple answer, nor a simple solution.

For his part, our managing editor has his own experience of the situation in his birth country of Northern Ireland, which for many years looked impossible to resolve, or to bring about peace.

As he said, over the years there were too many outsiders there who declared what they thought would be the solution to The Troubles, while being unaware of what those solutions meant in practice.

For Northern Ireland, the peace that came about through being part of Europe together and bringing the borders down brought a peace dividend.

But it wasn’t easy. Former enemies had to learn to work with one another, to sit across from one another in Parliament, and not always hark back to the shootings and kneecappings of years gone by.

In South Africa, there was the same hard-earned healing process, with the Truth and Reconciliation Commission set up to deal with what happened under apartheid.

The commission’s goal was to bring about forgiveness and reconciliation between perpetrators and victims of apartheid. The key to it all was telling the truth. It had to be admitted that there were human rights violations before the country could move forward.

Which brings us to the situation in Gaza.

The attack that took place on October 7, 2023, when Hamas launched an

assault that saw rockets fired and thousands of militants breaching the barrier with Israel, killing 1,139 Israelis and foreign nationals, and taking another 253 hostage, was shocking indeed. To Israel and to the world.

The reprisals, with Gaza crushed by the Israel counteroffensive, has been equally shocking. The exact number of those killed is unclear, but the Ministry of Health claims 30,000 were killed by the end of February, although that number is disputed.

The response in our pages from our columnists has been broadly clear – that the first thing that needs to happen is for the killing to stop. Only then can any kind of future start to take shape, whatever that looks like, be it a one-state solution or a two-state solution.

And there is the area where we run the risk of being the outsiders who do not fully grasp the history and nuance of the situation. This conflict did not truly begin on October 7, it stretches back many years before that.

What the solution on an ongoing basis should be is something that should be determined by all parties involved to ensure peace. To bring that peace dividend that Northern Ireland saw, to see the reinvigorated economy of South Africa.

But what we can say is that the killing has to stop to give that future a chance.

As it stands, that conflict has the potential to spiral out of control and affect the region more widely, but one death or a thousand deaths, all are tragedies.

Cool heads are needed, and not just ones that are looking for a victory, but ones that are looking to build a future.

EDITOR, The Tribune

IT WAS written by the revered Chinese sage and philosopher, Confucius in 500 BC that “the ruler of a country of a thousand chariots must give diligent attention to business; he must be sincere; he must be economical; he must love his people; and he must provide employment for his people at the proper seasons”.

Two and a half years after being elected by the majority of The Bahamian people, the Prime Minister and Minister of Finance is living up to the precepts expounded by the long dead Confucius.

Having been a professional banker early in his career after graduating from Saint John’s College, the Hon Philip “Brave” Davis, KC. MP (PLP-Cat Island), is well trained in economic and fiscal policies. In fact, apart from the late Sir Carlton E Francis a man after my own heart, PM Davis may well be one of the few Ministers of Finance who would have had hands on experiences in the financial industry.

I have no doubt that the PM in his capacity as Minister of Finance will steadily guide the nation through any and all economic challenges that we are facing now and may have to contend with later on in this term. The back-to-back storms and

hurricanes, coupled with the deadly effects of COVID-19 and the aftermath devastated our economy and we were like “a dead man walking”. Now, the nation is slowly getting off its knees and onto its feet once again. The country as it progresses needs to find ways and means to enhance its revenue base and streams.

Hundreds of millions of dollars are allegedly ‘owed’ in real property taxes and interest fees. Successive administrations have dragged their feet over beefing up their collection efforts, while wringing their hands and crying over non-compliance with our tax laws. Delinquent property taxes act as an enforceable legal lien on any subjected property. If it is not paid within the time prescribed by law, that property may be seized and sold off by the government of the day. Similarly, we have heard horror stories about individuals and companies ‘owing’ NIB tens of millions of dollars in long overdue collected contributions. One hardly ever hears about criminal prosecutions and civil penalties. Half hearted efforts have been made over the years and a handful of defaulters were hauled before the Magistrates Courts and that was it. There were no public

details about payments or settlement arrangements.

We also have the scenario where millions more are due and owing for court fines and outstanding traffic tickets, especially the mandatory ones. In a nutshell the government should set up a dedicated Revenue Court, fully empowered and staffed with support staff, inclusive of Bailiffs and Process Servers. I dare say that if penalties included actual jail time that hundreds of Bahamians would rush to the Revenue Court’s administrative offices or The Public Treasury to discharge their obligations.

It takes money on the ground to deliver on the usual governmental expectations and added amenities. We need the outstanding monies and must move to eliminate legacy delinquents.

Once the PM gets back from Botswana I would urge that he; the Attorney General and his Senior Advisor, Jerome Fitzgerald to consider this proposal. In the meantime, to God be the Glory in all things. I also encourage you and yours to have a safe and enjoyable Easter, while reflecting on why He came.

EDITOR, The Tribune.

WHAT cadre of legal minds assembled by the Eugene Dupuch’s Law School for its Distinguished Lecture Series yesterday with Justices in Dialogue, and for which it was very timely: What I will say is that and what I find intriguing is the diversity of opinion, and that’s fine, because no two people were created to hold all of the same perceptions on stuff.

But as I read from The Tribune’s article, I couldn’t help myself wondering to what extent they appreciate antonyms that have opposite meaning another, synonyms?

What also caught my attention was how little reflection was brought to bear on the overall checks and balances, the true spirit of the law, were blatantly missing... also missing from that panel were legal representatives from the department of public prosecutions, legal affairs, law reform commission, attorney general’s office, in order to counteract, bring a more balanced discourse, which appeared to be a one-sided event, I am sorry, but you know matters were too dire occurring in country, to sugarcoat the overall background to the administration of criminal justice in the land? After it is all said and done, my children and grandchildren will still have to call this place home, does it matter?

To what extent or degree does it matter the meaning of charge versus conviction?

For starters, there is no materially sensible proof of facts to lump them together when they can easily be considered cannot have one, without the other, holds true?

But as the Constitution these Isles dictates, after a criminal inflicts his crimes against members of the

Bahamian public, there was legal redress for the victims of crime... and a way to have a systematic record of the events previously resulted-committed, is to report the crime to the police station officers, who would interview the complainant, victim and who will compile a file, go out and investigate, seek out witnesses to the crime(s), these were all steps, legally contrived, lawfully binding and after the suspicions farewell-founded, the suspect identified and arrested with what is written in the law based on methods of what the suspect did, the manner method of operation, whether violence was used, weapon held the victim under duress, demanding money, property, threatening harm or death if failing to comply with demands being made of the assailant(s) et cetera...and with the accompanying proof, the police charges the suspect(s) with the manner in which he behaved, his utterances, body language aggressive deploy, his robbery of the victim, or armed robbery, so I ask what’s difficult about that?

In conclusion, the police don’t just charge suspects of their own volition with crimes, and in isolation, in a vacuum, those criminal case files must be presented to the department of public prosecutions for instruction, et cetera?

Finally, also occupying a good percentage of justices’ comments had to do with the Presumption of Innocence? And surprisingly, that phraseology was being hammered on for an inordinately and frivolous amount of time, but why?

Presumption 1. syn. see effrontery - a flagrant disregard of courtesy or

property and an arrogant assumption of privilege. 2. syn see Presupposition- an act of presupposing syn assumption, presumption, 3. syn see Assumptionsomething that is taken for granted or advanced as fact-decision based on assumption.

Now, Innocence - syn see ignorance 2. free from legal guilt or fault.

So, the basis of the rejection of bail for a person accused of having committed such crimes, are presumed innocent of the charges being laid by the police. And, therefore, they seemed to be advancing the belief that a police charge, therefore, does not have the legal ramification, the foothold to cause a suspect to be denied bail, no matter how many criminal charges were levelled against him, them, or the severities, many legallyminded Bahamians were at odds with this legal calculation advanced by our justices, appears legally problematic?

Surely, if one is able to have declared the presumption of innocence (subject to the outcome of a criminal trial?) the same way the presumption of innocence is declared, the presumption of guilt is the contrasting reality, that should, ought to have the same legal weight? So, justices, please do not dwell too in depth on the former, because it may very well be proven that the subject(s) were being brought guilty completely based on the evidence against them, period.

But you know, we should not be at this stage, having this conversation, on such a clearcut Constitutional dictate, self explanatory.

Submitted for what it is worth and as I have received it from On-High, hallelujah, amen.

FRANK GILBERT

Nassau, March 15, 2024.

FRANCISCO CLARAMUNT, 73, uses an umbrella to shelter from the cold wind as he sits fishing on a breakwater on a foggy morning in Barcelona, Spain, Monday.

Photo: Emilio Morenatti/AP

JAMAICAN MAN ACCUSED OF HAVING LARGE AMOUNT OF HEMP WITH INTENT TO SUPPLY

By PAVEL BAILEY Tribune Staff Reporter pbailey@tribunemedia.net

A JAMAICAN man was sent to prison yesterday after he was accused of having $94,000 worth of marijuana in his home last Saturday.

Acting Chief Magistrate Roberto Reckley charged Bryan Sparkes, 53, with possession of dangerous drugs with intent to supply.

Sparkes was allegedly found with 47lb of hydroponic marijuana in his residence in Faith United Way on March 16. Police reportedly also seized a

large sum of cash during this drug bust, which was suspected of being the proceeds of crime.

After Sparkes pleaded not guilty to the charge, prosecutor Inspector Deon Barr objected to his bail. Inspector Barr also said the defendant had pleaded guilty earlier that day to an immigration charge of having no status in The Bahamas.

Sparkes will be remanded to the Bahamas Department of Correctional Services until his trial begins on July 17. Tonique Lewis represented the defendant.

MAN ACCUSED OF HAVING A LOADED FIREARM REMANDED

By PAVEL BAILEY Tribune Staff Reporter pbailey@tribunemedia.net

A MAN was remanded in custody yesterday accused of having a loaded firearm in New Providence earlier this month.

Magistrate Lennox Coleby charged Bradley Charlton, 34, with possession of an unlicensed

firearm and possession of ammunition.

Charlton was allegedly found with a black Glock Austria .17 pistol and 13 rounds of 9mm ammunition on March 2. After pleading not guilty to the charge, the defendant was informed that he would be sent to prison until his bail hearing today.

TWO MEN CHARGED WITH ARMED ROBBERY OF A MAN IN HIS HOME

By PAVEL BAILEY Tribune Staff Reporter pbailey@tribunemedia.net

TWO men were remanded in custody after they were accused of stealing $500 from a man during an armed home invasion in Fox Hill earlier this month.

Magistrate Algernon Allen, Jr, charged Jaron Minnis, 20, and Kirk Brennen, 25, with armed

robbery. The pair allegedly entered the residence of Lorwentz Jean-Baptiste and robbed him of his wallet containing $500 cash and ID cards on March 9. The two were told that their matter would be moved to the Supreme Court by a voluntary bill of indictment (VBI). The VBIs in this matter are set for service on July 1.

GOVERNOR GENERAL, Her Excellency the Most Hon. Cynthia Pratt received students and Mr. Delano Munroe, President and CEO of the Youth Empowerment Program (YEP), along with other members in a courtesy call at the Office of the Governor General on Monday, March 18, 2024.

Photo: Letisha Henderson/BIS

GOVERNOR GENERAL, Her Excellency Cynthia Pratt administered the Oath Of Allegiance and the Judicial Oath, and presented the Instrument of Appointment to Roderick Dawson Malone, Attorney-at-Law, as acting vice-president of The Bahamas Industrial Tribunal during a Swearing-In Ceremony in the Diplomatic Room of the Office the the Governor General, Monday. Photo: Letisha Henderson/BIS

Focusing on the needs of women in poverty

THE 68th session of the United Nations Commission on the Status of Women (CSW) is now in its second week in New York City. The Commission on the Status of Women is an annual meeting held to discuss the progress toward gender equality and includes official events and side events held at the United Nations Headquarters in New York City and parallel events held in other locations in New York City.

Every year, there is a theme that focuses events and their contributions on a particular area. There is also a review theme, selected to encourage reflection on commitments made years before as well as continued commitment.

Every year, there is significant attention to the priority theme, and the review theme tends to get less attention in the media.

This year, the priority theme and the review theme are closely linked.

The priority theme for 68th session of the Commission on the Status of Women is “Accelerating the achievement of gender equality and the empowerment of all women and girls by addressing poverty and strengthening institutions and financing with a gender perspective”.

The review theme for this year is “Social protection systems, access to public services and sustainable infrastructure for gender equality and the empowerment of women and girls” — the priority theme of the 63rd CSW session. Social protection systems are critical to addressing the structural issue of poverty, and the provision of public resources and services along with the eradication of poverty are required for the achievement of gender equality. In reviewing a theme of a previous CSW, it is useful to look at the agreed conclusions— the outcome document that lays out everything the Member States were able to agree on and commit to during the session.

In the agreed conclusions of the 63rd session on social protection systems, the Commission set out policies and actions to be undertaken by governments in the following five areas:

1. Strengthen normative, legal and policy frameworks.

2. Strengthen women’s and girls’ access to social protection.

3. Strengthen access to public services for women and girls

By Alicia Wallace

4. Make infrastructure work for women and girls

5. Mobilise resources, strengthen women’s participation and improve evidence

These agreements came one year before the beginning of the COVID-19 pandemic which both highlighted the need for follow-through on the commitments and exacerbated the situation for women and girls who did not—and still do not—have appropriate access to social protection.

The agreed conclusions of the 63rd session included recognition of “progress made in women’s and girls’ access to social protection, public services and sustainable infrastructure, particularly in the areas of health and education”. It noted gender gaps and the challenges caused by budget cuts and austerity measures undertaken by government. These cuts represent a reversal of protection that was, in some cases, achieved before. Instead of rolling back access to social protection, there needs to be attention to and resources invested in “addressing the remaining gaps that constrain equal access for women and girls to social protection systems, public services and sustainable infrastructure”.

It was also noted that unequal power relations between women and men and the resulting restrictions in ownership and control of resources not only slow, but impede progress toward gender equality. Issues that continue to impact women and girls on a daily basis, due in part to lack of access to social protection, include “universal health-care services and education, gender-based violence, discriminatory laws and policies, negative social norms and gender stereotypes and the unequal sharing of unpaid care and domestic work”. The Commission acknowledged in the agreed conclusions that structural barriers must be eliminated in order to achieve gender equality.

Not only did the Commission address the need for social protection for women

and girls, but it noted that the design, implementation, and evaluation of those systems with public infrastructure needed to be in direct response to the specific needs of women and girls. It also spoke directly to the unpaid care and domestic work undertaken by women and the need to recognize its value. The Commission said it is necessary to “enable the mobility of women and girls, strengthen women’s participation in public and political life, as well as their economic opportunities, in particular their full and productive employment and decent work and equal pay for equal work or work of equal value, and strengthen their resilience to shocks”.

In recognising the disproportionate amount of unpaid, undervalued care and domestic work undertaken by women, the Commission noted that the needs of caregivers have not be adequately addressed by social protection systems, public services, or infrastructure which is a glaring gap. It also stated that the failure to share care and domestic responsibilities is “a significant constraint for women’s completion of, or progress in, education and training, on entry and reentry and advancement in the paid labour market and

on their economic opportunities and entrepreneurial activities, and can result in gaps in social protection, pay and pensions”. It must be noted that it significantly affects women’s employment experiences and opportunities for advancement, not only because of the care and domestic work women do, but because of the assumptions made by coworkers and managers who often decide not to extend offers at all.

Importantly, the Commission, in its agreed conclusions, made mention of the need to create an enabling environment for all women and girls at household and community levels, recognizing that gender stereotyping and harmful gender ideology lead to women and girls being considered less valuable than and subordinate to men and boys. It made the connection between this and the distribution of unpaid care and domestic work, noting that provision of care services, child care, parental leave, and other social services would be an effective intervention. The agreed conclusions also noted that “sharing of family responsibilities creates an enabling family environment for women’s economic empowerment in the changing world of work, which contributes to development, that women and men make a significant contribution to the welfare of their family, and that, in particular, women’s contribution to the home, including unpaid care and domestic work, which is still not adequately recognised, generates human and social capital that is essential for

RECOMMENDATIONS

1. Hightown. Jackie is a “fish police” struggling with addiction when she finds the dead body of a woman on the beach. She is determined to find out what happened to her and why. She becomes even more embroiled in a world of drugs and alcohol, but this time far to close to the dealers and suppliers who are quick to turn to murder. Jackie works toward sobriety and securing a spot on the federal team working on linked cases while the events of her life seem to tug her back into old habits.

2. Fierce, Bold & Biggity. This mix was created by DJ Ampere for International Women’s Day 2024 at the request of Equality Bahamas. It was the music to the sign-making, silkscreen printing, and other activities in the lead-up to the International Women’s Day March + Expo 2024 and was played at the What More Y’all Want?! collaborative exhibition at Poinciana Paper Press on Saturday. Check out the playlist on MixCloud at tiny.cc/iwd2024mix or on Spotify at tiny.cc/iwd242tunes.

ment”. An often overlooked area that was included in the agreed conclusions was the need for transport systems to have features that ensure they cater to people in situations vulnerability and increase safety. The Commission noted the issues of inaccessible bus stops, crowded vehicles, and inadequate lighting at bus stops. The agreed conclusions said, “The Commission reaffirms the importance of safe, affordable, accessible, age-, gender- and disabilitysensitive and sustainable land and water transport systems and roadways that meet the needs of women and girls[…]”

It is particularly important to note that, while the Commission referenced and reiterated international mechanisms and agreements including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Beijing Platform for Action (BPfA), it acknowledged “the important role of national mechanisms for the promotion of gender equality and the empowerment of women and girls, the relevant contribution of national human rights institutions, where they exist, and the important role of civil society in achieving gender equality and the empowerment of all women and girls”. It is not enough, then, that States ratify conventions and sign agreements. Domestication of international law and transformation of systems and attitudes are required. A national gender machinery and a national human rights institution, for example, are critical entities that need to be established, properly resourced, independent,

ible, and truly functional.

The agreed conclusions acknowledged that all women are not the same, and all girls are not the same. Intersections of identity directly affect the ways that women and girls access or do not access social protection systems and the ways that these systems do or do not meet their needs.

It noted that “while all women and girls have the same human rights, women and girls in different contexts have particular needs and priorities, requiring appropriate responses.”

The Commission, of course, came to the issue of financing, reaffirming “the importance of significantly increasing investments to close resource gaps for achieving gender equality and the empowerment of all women and girls through, inter alia, the mobilisation of financial resources from all sources, including domestic and international resource mobilisation and allocation[…]” Recalling one of the themes for International Women’s Day this year, “Invest in Women,” we see that money is, indeed, a major issue. Social protection does not exist without investment, and the investment must be with a view to the specific needs of women and girls and the effects of gender discrimination and the disproportionate amount of unpaid work we undertake. There is no one-size-fits-all solution, but we do know that meeting the needs of the most marginalised and people in the most vulnerable situations ensures that all needs are met. We have to start with the greatest need rather than the easiest activities, and the investments must be substantial, targeted, and sustained.

First phase of WSC upgrades at Arawak Cay completed

WATER and Sewerage Corporation announced the completion of the first phase of Arawak Cay Water and Sewer Upgrade project. This significant milestone represents a crucial step forward in the transformation and enhancement of this area. The WSC team remains dedicated to delivering exceptional results and creating a lasting impact on the Arawak Cay community.

DOCTOR W McKeeva Bush, JP, MP, Cayman Islands politician (second from right in top left photo), made a courtesy call on Minister of Labour and the Public Service, Pia Glover Rolle, Thursday at the ministry’s offices to discuss matters of mutual interest regarding labour, including minimum vs living wage, trade unions, compensatory scales and structures, and labour legislation and reform. Pictured in the group photo, from left: Permanent Secretary Gina Thompson; Minister Glover-Rolle; Dr W McKeeva Bush, JP, MP - Cayman Islands Parliamentary Secretary for Border Control, Labour, Culture, Planning, Housing, Infrastructure, Transport & Development; and Director of Labour Howard Thompson Photos: Anthon Thompson/BIS

HER Excellency Cynthia ‘Mother’ Pratt, Governor General of the Commonwealth of The Bahamas (pictured right), received Her Excellency Dileeni Daniel-Selvaratnam, Governor of the Turks and Caicos Islands, in a courtesy call at the Office of the Governor General, on Tuesday.

Photo: Letisha Henderson/BIS

Supreme Court allows Texas to arrest migrants at border

Associated Press

A DIVIDED Supreme Court on Tuesday allowed Texas to begin enforcing a law that gives police broad powers to arrest migrants suspected of crossing the border illegally while a legal battle over the measure plays out.

The conservative majority’s order rejects an emergency application from the Biden administration, which says the law is a clear violation of federal authority that would upset more than a century of immigration authority.

Texas Gov Greg Abbott praised the order — and the law — which allows any police officer in Texas to arrest migrants for illegal entry and authorizes judges to order them to leave the US

The high court didn’t address whether the law is constitutional. The measure now goes back to an appellate court and could eventually return to the Supreme Court. In the meantime, it wasn’t clear how soon Texas might begin arresting migrants under the law.

The majority did not write a detailed opinion in the case, as is typical in emergency appeals. But the decision to let the law go into effect drew dissents from liberal justices Ketanji Brown Jackson, Elena Kagan and Sonia Sotomayor.

“The Court gives a green light to a law that will upend the longstanding federal-state balance of power and sow chaos,” Sotomayor wrote in a blistering dissent joined by Jackson. The law, known as Senate Bill 4, is considered by opponents to be the most dramatic attempt by a state to police immigration since an Arizona law more than

a decade ago, portions of which were struck down by the Supreme Court. Critics have also said the Texas law could lead to civil rights violations and racial profiling.

White House press secretary Karine Jean-Pierre called the law “harmful and unconstitutional” and said it would burden law enforcement while creating confusion. She called on congressional Republicans to settle the issue with a federal border security bill.

Mexican Foreign Affairs Secretary Alicia Bárcena said via the social platform X Tuesday that the law “surprisingly” took effect Tuesday. She said that as Mexico’s top diplomat she had been clear: “the protection and support of our countrymen is the priority. I reject this measure that criminalises and discriminates against people” who are migrating. The advocacy group FWD.us said the Supreme Court’s decision could encourage other states to pass laws encroaching on federal authority. Andrea Flores, the organization’s vice president for Immigration Policy and Campaigns, said the law will “unjustly target Texas families, including American citizens, longtime undocumented residents awaiting federal relief, and recent migrants seeking legal protections.”

Texas, for its part, has argued it has a right to take action over what authorities have called an ongoing crisis at the southern border. The Texas Department of Criminal Justice said in a statement it is “prepared to handle any influx in population” associated with the state law.

Texas sheriffs’ offices have been preparing for the implementation of Senate Bill 4 since the state’s

legislative session last year, said Skylor Hearn, executive director of the Sheriffs’ Association of Texas The law allows police in counties bordering Mexico to make arrests if they see someone crossing the border illegally, he said. It could also be enforced elsewhere in Texas if someone is arrested on suspicion of another violation and a fingerprint taken during jail booking links them to a suspected re-entry violation. It likely would not come into play during a routine traffic stop, he said.

“I don’t think you will see anything ultimately different,” Hearn said.

Arrests for illegal crossings along the southern border hit record highs in December but fell by half in January, a shift attributed

to seasonal declines and heightened enforcement. The federal government has not yet released numbers for February. Some Texas officials sounded a cautious note.

“A lot of the local police chiefs here, we don’t believe it will survive a constitutional challenge. It doesn’t look like it’s going to, because a Texas peace officer is not trained. We have no training whatsoever to determine whether an individual is here in this country, legally,” said Sheriff Eddie Guerra of Hidalgo County. He serves as president of the Southwestern Border Sheriffs’ Coalition representing 31 border counties from Texas to California. Conservative Justice Amy Coney Barrett

suggested her vote in favour of Texas stemmed from the technicalities of the appeals process rather than agreement with the state on the substance of the law.

“So far as I know, this Court has never reviewed the decision of a court of appeals to enter — or not enter — an administrative stay. I would not get into the business. When entered, an administrative stay is supposed to be a short-lived prelude to the main event: a ruling on the motion for a stay pending appeal,” she wrote in a concurring opinion joined by fellow conservative Justice Brett Kavanaugh.

Arguments in the 5th US Circuit Court of Appeals are set for April 3.

The battle over the Texas immigration law is one

of multiple legal disputes between Texas officials and the Biden administration over how far the state can go to patrol the TexasMexico border and prevent illegal border crossings.

Several Republican governors have backed Gov. Abbott’s efforts, saying the federal government is not doing enough to enforce existing immigration laws.

The Supreme Court in 2012 struck down key parts of an Arizona law that would have allowed police to arrest people for federal immigration violations, often referred to by opponents as the “show me your papers” bill. The divided high court found then that the impasse in Washington over immigration reform did not justify state intrusion.

Top former US generals say failures of Biden administration in planning drove chaotic fall of Kabul

WASHINGTON

Associated Press

THE top two US generals who oversaw the evacuation of Afghanistan as it fell to the Taliban in August 2021 blamed the Biden administration for the chaotic departure, telling lawmakers Tuesday that it inadequately planned for the evacuation and did not order it in time.

The rare testimony by the two retired generals publicly exposed for the first time the strain and differences the military leaders had with the Biden administration in the final days of the war. Two of those key differences included that the military had advised that the US keep at least 2,500 service members in Afghanistan to maintain stability and a concern that the State Department was not moving fast enough to get an evacuation started.

The remarks contrasted with an internal White House review of the administration’s decisions which found that President Joe Biden’s decisions had been “severely constrained” by previous withdrawal agreements negotiated by former President Donald Trump and blamed the military, saying top commanders said they had enough resources to handle the evacuation.

Thirteen US service members were killed by a suicide bomber at the Kabul airport’s Abbey Gate in the final days of the war, as the Taliban took over Afghanistan.

Thousands of panicked Afghans and US citizens desperately tried to get on US military flights that were airlifting people out. In the end the military was able to rescue more than 130,000 civilians before the final US military aircraft departed.

That chaos was the end result of the State Department failing to call for an

evacuation of US personnel until it was too late, both former Joint Chiefs Chairman Gen. Mark Milley and US Central Command retired Gen. Frank McKenzie told the House Foreign Affairs Committee.

“On 14 August the noncombatant evacuation operation decision was made by the Department of State and the US military alerted, marshalled, mobilized and rapidly deployed faster than any military in the world could ever do,” Milley said. But the State Department’s decision came too late, Milley said.

“The fundamental mistake, the fundamental flaw was the timing of the State Department,” Milley said. “That was too slow and too late.”

Evacuation orders must come from the State Department, but in the weeks and months before Kabul fell to the Taliban, the Pentagon was pressing the State Department for evacuation plans, and was concerned that State was not ready, McKenzie said. “We had forces in the region as early as 9 July, but we could do nothing,” McKenzie said, calling State’s timing “the fatal flaw

that created what happened in August.”

“I believe the events of mid and late August 2021 were the direct result of delaying the initiation of the (evacuation) for several months, in fact until we were in extremis and the Taliban had overrun the country,” McKenzie said.

Milley was the nation’s top-ranking military officer at the time, and had urged President Joe Biden to keep a residual force of 2,500 forces there to give Afghanistan’s special forces enough back-up to keep the Taliban at bay and allow the US military to hold on to Bagram Air Base, which could have provided the military additional options to respond to Taliban attacks.

Biden did not approve the larger residual force, opting to keep a smaller force of 650 that would be limited to securing the US embassy. That smaller force was not adequate to keeping Bagram, which was quickly taken over by the Taliban.

The Taliban have controlled Afghanistan since the US departure, resulting in many dramatic changes for the population, including the near-total loss of rights for

women and girls.

The White House found last year that the chaotic withdrawal occurred because President Joe Biden was “constrained” by previous agreements made by President Donald Trump to withdraw forces.

That 2023 internal review further appeared to shift any

blame in the Aug. 26, 2021, suicide bombing at Hamid Karzai International Airport, saying it was the US military that made one possibly key decision.

“To manage the potential threat of a terrorist attack, the President repeatedly asked whether the military required additional support

to carry out their mission at HKIA,” the 2023 report said, adding, “Senior military officials confirmed that they had sufficient resources and authorities to mitigate threats.”

A message left with the State Department was not immediately returned on Tuesday.

MIGRANTS who crossed the Rio Grande and entered the US from Mexico are lined up for processing by US Customs and Border Protection, Sept 23, 2023, in Eagle Pass, Texas. A divided Supreme Court yesterday, lifted a stay on a Texas law that gives police broad powers to arrest migrants suspected of crossing the border illegally, while a legal battle over immigration authority plays out.

Photo: Eric Gay/AP

RETIRED Gen Mark Milley, left, the former chairman of the Joint Chiefs of Staff, left, and retired Gen Kenneth McKenzie, former commander of the US Central Command yesterday.

Photo: J Scott Applewhite/AP