Fred Mitchell

FOREIGN Affairs and Immigration Minister Fred Mitchell yesterday slammed Save The Bays Director Fred Smith for threatening to commit certain MPs to prison, warning the outspoken attorney that such actions are grounds for “contempt of Parliament” and that he “could find himself faced with imprisonment.”

Mr. Mitchell, in a statement, criticised Mr. Smith, QC, for seeking to “offend the privileges of members of Parliament.” Mr. Mitchell said no one in the “21st century” would allow a “lawyer with half baked ideas to set aside those hard won privileges which exist for the ultimate protection of the public.”

Mr. Mitchell also called Mr. Smith’s threats of prison committal nothing but “bluff, bluster, stupidity and nonsense.” He also said Mr. Smith should be declared a “vexatious litigant” and that all of his court actions “should be struck out for that reason.”

On Tuesday, Mr. Smith threatened to seek to have any member of Parliament who continues to reveal confidential information about members of Save The Bays (STB) committed to prison for contempt of court. Mr. Smith in particular directed his threats towards Tall Pines MP Leslie Miller, who on Monday reportedly threatened to reveal more information about the group to support previous claims by some PLP MPs that the group is seeking to destabilise the government.

Mr. Smith also challenged MPs who have released confidential information about STB to do so outside of Parliament, where they do not have protection. However, Mr. Smith said if they “remain cowards” and continue to do it in Parliament, he will “still hunt them down and seek to have them committed for contempt of court.”

“If Mr. Smith takes any action to offend the privileges of members of Parliament like he proposes in his latest release, where he threatens the MP for Tall Pines, there are consequences which can flow from that,” Mr. Mitchell said in a statement. “One of them is that an offender can be in contempt of Parliament and find himself faced with imprisonment.

“The parliamentary privileges of freedom of access to Parliament and freedom of speech were hard won. An English king was executed for seeking to interfere with that right. In the 21st Century, no one will allow a lawyer with half baked ideas to set aside those hard won privileges which exist for the ultimate protection of the public.”

Mr. Mitchell added: “The public nor the press should be fooled or intimidated by him and his words. No member of parliament on the PLP side, including this member of Parliament, has the slightest concern about any of Fred Smith’s machinations. It is all bluff, bluster, stupidity and nonsense. Mr. Smith takes himself too seriously.

“…He has also filed a number of lawsuits. It is my view that he ought to be declared a vexatious litigant and all of the actions should be struck out for that reason. As I said before, Fred Smith QC can go fly a kite.”

Last month, Mr. Mitchell claimed in the House of Assembly that some $8.25m had been filtered through various organisations connected with STB from 2013 to 2015. Mr. Mitchell did not identify what the $8m was for, but questioned whether STB was a “genuine environmental organisation” or an “attempt to subvert” certain parliamentarians.

Also speaking in Parliament last month, Mr. Miller claimed that five members of STB take home a combined salary of $740,000.

Education Minister Jerome Fitzgerald also indicated recently in the House of Assembly that STB has used the organisation’s banner to cover up its true intent – “to destabilise the government of the Commonwealth of the Bahamas.”

While in Parliament he read, then later tabled, private email exchanges from STB members to substantiate his point.

However, STB Director Romauld Ferreira has insisted that STB is a civil body working to protect the environment of the Bahamas. Mr. Ferreira also said as far as he knew, none of the organisation’s directors are currently receiving salaries for their posts.

The STB controversy springs from allegations that Canadian fashion mogul Peter Nygard employed two “gang members” to carry out crimes against those who opposed further development at Nygard Cay.

On March 9, four STB directors - Joseph Darville, Mr. Ferreira, Mr. Smith and Louis Bacon - and Re CB Moss, who is not a STB member, filed an affidavit by Florida investigator John Joseph DiPaolo to probe Mr. Nygard’s connection to Livingston “Toggie” Bullard and Wisler “Bobo” Davilma, the two men in question.

Mr. DiPaolo’s findings, contained in a 400-page affidavit, were part of court filings against Mr. Nygard and his lawyer Keod Smith.

Mr. Nygard has since filed his own lawsuit against those claims.

By NICO SCAVELLA

Tribune Staff Reporter

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