The separation of powers doctrine is critical to the orderly functioning of modern democratic societies.
It divides the state into three branches: A legislature, an executive and a judiciary.
The doctrine dictates that the powers of each branch are separate and are not in conflict with each other.
When there is a conflict or abuse, or even the appearance of such, this poses a threat to the democracy.
This is precisely why V. Alfred Gray, the MICAL MP and the minister of agriculture, marine resources and local government, has landed in boiling hot water.
Gray has admitted that he told Mayaguana Administrator Zephaniah Newbold, the local magistrate, that he could release a man convicted of a crime on bail.
Gray said, as far as he knows, Newbold did just that after their conversation.
Remarkably, the minister insisted in an interview with National Review on Friday this was "the right thing to do".

"If the appeal is filed, I think that's the right thing to do," said Gray, an attorney with more than 30 years' experience.

"I didn't tell him he had to... I told him that he could consider releasing him on bail until the appeal is heard."

It is stunning that the minister saw nothing wrong with this.
Incredibly, Gray also said he could not remember whether he called the administrator on the matter or whether the administrator called him.

"I'm not sure whether he called me or I called him," he said. "I'm not sure. I did speak with him. I think it's safe to say that I did speak with him."

We reminded him, "This was just yesterday."

We again asked him if he could not remember whether he made the call or whether he received it. Gray said he speaks to administrators in the various islands that make up his constituency daily, so he would not always remember whether he initiated contact.

The details of the case in question are still sketchy as Newbold, the administrator/magistrate, declined to comment when we contacted him.
We told him the Free National Movement had released a statement in which it suggests Gray "may have called, ordered or induced" him into releasing a prisoner.

Newbold said, "I'm not prepared at this time to make any comment. That does not mean I'm not denying anything or whatever. Further down the road there may be a comment."

According to the FNM's statement, the prisoner "had already been sentenced to a term of incarceration and was merely awaiting transportation to Nassau to commence serving the three-month sentence". Reportedly, the offense was committed against a police officer on Mayaguana.

Irony
Whether a serious or a minor offense, any interference in the judicial process by a minister of the government is completely unacceptable and should be abhorred. In the interview with National Review, Gray insisted that he had not interfered in a judicial process.

"My position is very simple," he said. "By the time I heard of this matter yesterday, (Thursday) it was over. The administrator had done what he had to do in terms of [convicting], and subsequent to that he (the convict) appealed the decision of the administrator.

"And by the time I heard that the appeal was filed and when I asked him (the administrator) about that he said they filed the appeal and I said, 'Well, what is the position?'

"He said that the appeal is filed, and I told him that he should consider releasing him on bail until the appeal is heard and that's what I am told he did."

The FNM said that at a time when violent crime is at epidemic levels, it would be tragic if a senior government official were to interfere, or to be perceived as having interfered, with the proper dispensing of justice. The party expressed outrage and dismay over the "undermining of the authority of the island's magistrate, administrator and the police force". In typical arrogant fashion, Gray dismissed the FNM's concerns.

"The FNM needs to worry about how they are going to make some impact in the governance of this country and try to find leadership," he said. "That's what they need, leadership. Until they get that, they are not worthy of comment."

He later told us he would not have a problem with an independent probe into what transpired.

"I have no problems with that," Gray said. "I have no problems with that at all."

During our discussion, he added, "It is important for justice not only to be done, but to be seen to be done."

What irony, we thought. After telling us that he told the magistrate what his options were in a matter, the minister was now talking about the need for justice to be seen to be done. We asked him whether he could see how someone might conclude that justice was not seen to be done.

Gray shot back, "I speak to judges on judicial matters, so, I mean, what's your point?"

We told him, "The point is, this is your constituency. This is the administrator. We suppose that you have some authority as local government minister, as well, on who's hired, who's fired as an administrator. And so, there are some people who would see this as perhaps crossing the line or being a bit dicey for you, for the administration of justice or for the appearance of justice in this matter."

Gray responded, "Well, that's a matter of opinion."

Again, we asked the minister, "Do you see how some people would see this as interfering in a judicial process?"

Gray insisted, "What is the judicial process? The matter was over. The appeal was filed. What is the judicial process?"

We reminded him that if an appeal is filed, the matter is still before the courts.

The minister told us, "I don't think it's interference. If I had spoken to him during the matter, during the case, I would have been interfering.

"I believe that by the time I spoke to him the matter was over. The appeal was filed and I have a feeling that he would have done that anyway (grant bail). I didn't tell him, 'You must release him'. I said to him, if the appeal was filed, I think he could consider releasing him on bail until the appeal is heard."

While Gray kept insisting  on Friday that "the matter was over", he was singing a different tune last night after the Free National Movement called for his resignation. In a clear bid to kill debate on this issue, Gray said he cannot speak to this as it is still before the courts.

In a statement released to the media, he said, "In reference to recent press reports, I categorically deny that I sought to influence or pervert the course of justice. Any suggestion that I did so is absolutely preposterous and completely false. However, as the matter in question is still before the courts, I am constrained from making any further statement at this time."

During our interview with the minister on Friday, we wondered whether it is usual for Gray or any other minister to speak to a magistrate about releasing someone on bail. Gray claimed he was "not advising" the magistrate. He said he was merely "telling him his options".

"The administrator knows his duty," he said, seemingly unable to see why anyone would question why he saw the need to point out to the magistrate what his options are.

Gray insisted, "The position I took is a position that I believe was right, that if all the processes were in place, he could consider (releasing the prisoner)."

This matter is in our view very serious in nature. It does not send the right signals about the administration of justice in The Bahamas and the separation of powers.

Already burdened by one issue after the next and multiple stains on his administration, the prime minister is now left to consider the facts of this matter and determine whether Gray is still fit to serve in his Cabinet. No doubt, many will be watching.

Click here to read more at The Nassau Guardian