A Supreme Court judge said yesterday that attorneys Keod Smith and Derek Ryan would not be allowed to frustrate the court's process.

Justice Rhonda Bain is due to begin committal proceedings against the men after finding them guilty of contempt of court in 2014.

However, the court's bailiff has been unable to serve Smith or Ryan with the notices to show cause, that were issued on August 18.

The bailiff served Lockhart & Co, the attorney, for both parties on August 26.

Elliot Lockhart, QC, principal of the firm, appeared, but he was unable to give an account for the whereabouts of his clients, whom he said he had been unable to contact.

Lockhart said that he received a letter yesterday morning from Dr. Jean Marie G. Eugene, who said that Ryan had been receiving medical treatment for the past three months.

The doctor said, "I forbid him to travel outside the United States of America [so as] not to jeopardize his treatment plan."

Bain noted that Eugene had not provided information "with respect to a time when Mr. Ryan would be able to travel to The Bahamas for these proceedings".

Bain continued, "As this is a matter for Keod Smith and Derek Ryan to show cause why they should not be cited for contempt and committed to prison, it is imperative for Keod Smith and Derek Ryan to be personally served and for them to be present in court to show cause.

"Nevertheless, the court will not allow Keod Smith and Derek Ryan to frustrate the process."

The court adjourned the matter until October 12 to allow further efforts to be made to serve Smith and Ryan.

Bain said if the men were not served by that date, she would make an order for substituted service.

Smith made contemptuous remarks about the judge in a sworn affidavit in support of an application for Bain's recusal from judicial review proceedings filed by the Coalition to Protect Clifton Bay.

The Coalition is challenging an application by Peter Nygard to further expand his estate at Lyford Cay on Crown land.

In his affidavit, Smith alleged that Bain had made several rulings in favor of Fred Smith, QC, lead lawyer for the coalition, who in the past had been affiliated with the Free National Movement, and "can only be explained as coming about as a result of her bias".

The judge on December 2014 found Keod Smith guilty of contempt for the "scandalizing" affidavits. Bain told Ryan that he "cannot escape liability" for the affidavits.

However, she stayed her ruling to allow them to appeal. The appeal was dismissed earlier this year and the matter was ordered to continue.

Artesia Davis, Guardian Senior Reporter

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