AG stopped Sandals case

Wed, Sep 21st 2016, 11:35 AM

The attorney general stopped a private prosecution against the top management of Sandals Royal Bahamian Resort on August 15, the same day the property made 600 jobs redundant, it was revealed yesterday.

Trade Union Congress President Obie Ferguson said it's no coincidence.

"Obviously from August 15 this nolle prosequi was signed and on August 15 all 600 workers were terminated," Ferguson told The Nassau Guardian.

The dismissals came five days after Sandals General Manager Gary Williams and financial controller Ronnie Mirza were arraigned on a private prosecution on allegations that they failed or refused to enter into contract negotiations with the Bahamas Hotel Maintenance and Allied Workers Union (BHMAWU) during the period of November 16, 2015 through July 12, 2016.

Williams and Mirza were accused of intimidating three workers and union officials and firing them unlawfully.

BHMAWU Assistant Treasurer Santino Higgs, Assistant General Secretary Latoya Archer and Secretary General Rhonda Huyler were fired on July 20.

Although Attorney General Allyson Maynard-Gibson directed the criminal case stopped more than a month ago, Ferguson said he just became aware of this on Monday.

Ferguson said he remained in the dark about the AG's position, despite holding two meetings with her subsequent to the redundancies.

He said he met with Prime Minister Perry Christie on three occasions.Ferguson said he was assured that both officials were "trying to find a resolution to the matter".

"They should have mentioned to us from August 15, they had already signed off on the nolle prosequi. They should have indicated to us that they intended to discontinue that," he said.

"What is sad is that the Bahamian workers who were charged, their matter is going on. So why wouldn't the government nolle it? On October 23 they have to be in court. Is The Bahamas for Bahamians or what?"

Ferguson was referring to the obstruction case of Omar Bernard, 51; Dwayne Frazer, 44; and the three complainants in the private prosecution.

They are accused of blocking access to the resort during a protest on July 15.

Although attorney Murrio Ducille, who acted as the prosecutor in the criminal case, said that the matter could be refiled, Ferguson said, "It doesn't make sense."

"The government controls prosecutions. Even if we bring it back again, we have no control of it," he said.

"We'd just be running around in circles, and as I've now discovered that's what we've been doing since the 15th."

He said the specifics of the union's next move will be announced at a press conference at 10 a.m. today.

"The united labor movement will be taking a position on this matter to bring it to some resolution," Ferguson said.

"We have done what I think any responsible body ought to have done; that is to deal with the government up front, but it's quite obvious that if the AG signed off on the 15th, and these people were fired on the 15th, and if they met with us and they never disclosed to us what they did, that speaks volumes."

Asked if the timing of both events could be merely a coincidence, Ferguson said, "It can't be coincidence. They knew people were going to be fired that morning."

Artesia Davis, Guardian Senior Reporter

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