We have three independent branches of government in The Bahamas with constitutionally defined powers and responsibilities: the executive, the legislature and the judiciary. There is a separation to ensure checks and balances exist between these centers of authority. When power is concentrated in the hands of one group, or one individual, tyranny results. In order for our system to work fairly and effectively there must be respect for the separations.

When officeholders from one branch of government abuse their authority and interfere with the workings of another, our democracy is threatened. This is especially so with the judiciary. The courts exist to ensure fairness, to protect the constitution and to ensure minority rights. Judicial officers are to make decisions based on the law and should not be interfered with by anyone. If an individual, company or organization disagrees with a judicial decision there is a system of appeal set out in law.

To contact a judicial officer and influence that individual while he is still engaged with a matter is an extraordinary violation of the rules of our political system. This is why the allegation against V. Alfred Gray is so serious. Gray is the MP for the MICAL constituency and the minister of agriculture, marine resources and local government. 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.

"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."

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."

In our system, island administrators are employees of the local government ministry, and at times function as judicial officers (as magistrates). This is not ideal, but it still happens in our Family Islands. While Gray has every right to discuss local government matters with his administrators, it is improper for him to have discussions with them on matters before them as magistrates.

Gray has admitted that he had a conversation with Newbold about a case the administrator was involved with. Gray admitted that he made a suggestion as to what could happen in the matter. The administrator granted bail as Gray suggested he could. Those admissions are sufficient to conclude that Gray interfered as a minister and MP in a judicial matter.

Prime Minister Perry Christie should therefore demand his resignation as a member of Cabinet or terminate him if he refuses to step down. If Christie leaves Gray in Cabinet it would mean that the prime minister endorses members of the executive interfering with judicial officers. It would also send a message that our system of justice can be directly interfered with by members of the executive with no consequence for the extraordinary breach. That message is profound both here and abroad. Bahamians would think fair play is not the standard in our courts, as ministers have special access to interfere.

Investors would be more wary about coming here. They would think that if you get into a fight with a minister, in this jurisdiction, ministers have unfair influence to sway the determination of matters before the court. Gray's continued presence in Cabinet diminishes our system of justice. The prime minster has a responsibility to defend the separation of powers as set out in the constitution. Gray must go.

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