ATTORNEY General Allyson Maynard-Gibson’s issuance of a nolle prosequi to discontinue court proceedings against the Sandals Royal Bahamian Resort and two of its senior executives was an “abomination” to justice, said Long Island MP Loretta Butler-Turner as she questioned whether the government conspired with the hotel when it terminated hundreds of workers.
This “secret,” “suspicious” and “expedient” directive of no prosecution to the Magistrate’s Court to drop the criminal action on August 15 was condemned by the MP, who said it also raised concerns over the constitutionality of the government’s actions.
She castigated the Christie administration for disrupting the judicial process, which she called a glaring example of the government’s decision to side with foreign interests over hard working Bahamians.
The former deputy leader of the Free National Movement said this constituted an “abuse of power.”
When contacted yesterday, Mrs. Maynard-Gibson refused to answer questions on the matter, telling The Tribune that the attorney general does not speak about nolle prosequis.
It emerged on Tuesday that on the same day that the nolle prosequi was issued, the Cable Beach Resort terminated nearly 600 workers to facilitate a $4m renovation. This move sparked outrage from union executives who accused the Christie administration of failing to be transparent regarding its actions and intentions.
“The revelation of a nolle prosequi by the attorney general, which was expediently and suspiciously issued the very day that approximately 600 Bahamians were made redundant by Sandals Resort, is a blatant demonstration of the callous and uncaring attitude of the PLP toward the rights of Bahamian workers,” the FNM’s shadow minister of labour and social development said in a press statement yesterday.
“The PLP is disrupting the judicial process and playing fast and loose with the rule of law by intervening in a private matter that affects the lives of hundreds of Bahamian workers and their families. The government has secretly intervened in a court matter, clearly taking sides with foreign interests over hard working Bahamians.
“The Bahamas court, the arbiter and proper place for justice to be carried out for all, is being circumvented by a heavy-handed, non-transparent and unaccountable administration, which has a habit of siding with foreign interests at the expense of Bahamians.”
She added: “The PLP has over-reached. It is acting in an autocratic and dictatorial manner. It is denying the constitutional rights of Bahamians seeking justice through our judicial system.
“The Free National Movement condemns this reprehensible act by the government. It is an abuse of power by the Perry Christie-led government and by Attorney General Allyson Maynard Gibson.”
Mrs. Butler-Turner said the PLP must be removed from office, as it was clear the party was in the business of making secret deals to preserve political power.“Instead of allowing the courts to decide the arguments on both sides of the case, the attorney general stepped in the middle of the case,” she added, seemingly becoming “the judge and jury by not giving the workers a chance to state their case in a fair and impartial forum.
“The people have every right to be extremely suspicious that the attorney general issued this secret order on the same day that approximately 600 Sandals workers were made redundant. Was the PLP government conspiring with the owners of the Sandals Resort?
“It is time for the PLP government to start putting the interests of Bahamians first. Secretly making deals made to preserve political power has consequences for the Bahamian people. The FNM will continue to fight for all Bahamians and to make their interests paramount,” she said.
Mrs. Maynard-Gibson’s instructions to issue the nolle prosequi were described by Trade Union Congress (TUC) President Obie Ferguson on Tuesday as “adding insult to injury.”
He said the entire trade union was “very shocked” by the move and accused the Christie administration of betraying and deceiving the Bahamas Hotel Maintenance and Allied Workers Union (BHMAWU) along with all workers.
Mr. Ferguson pointed out that despite the TUC’s BHMAWU affiliate, and other trade unions, engaging in talks with the government for more than a month in a bid to resolve the Sandals situation and other matters, neither the prime minister nor Mrs Maynard-Gibson disclosed that the nolle prosequi was issued.
He added that the directive was only brought to light during court proceedings on Monday.
The directive to the court “authorises” and requires it to enter into its records that the proceedings against Sandals and two senior executives “be discontinued.”
This halts the action launched against the resort, its general manager, Gary Williams, and financial controller, Fitzroy Walker, by five officers of the BHMAWU who had alleged that Sandals Royal Bahamian was in breach of the Industrial Relations Act by failing/refusing to “treat or enter into negotiations” with the union.
They had also claimed that the resort, and Mr. Williams and Mr. Walker, had violated the Industrial Tribunal Relations Act by intimidating and terminating employees. The resort, and its executives, had denied all allegations.
Sandals came under fire for making the workers redundant in order to conduct improvements at the resort. The union charged that by doing so the hotel had engaged in “union busting.”
Labour Minister Shane Gibson told Parliament last month that the resort failed to notify the government of its intentions in good time and that it was a retaliatory attack on the BHMAU. He expressed dissatisfaction with the resort’s decision to make workers redundant rather than laying them off and have them return to work when the resort reopens in October.
Last month, Sandals hosted a four-day job fair at which the terminated workers could re-apply along with new candidates.
By Khrisna Virgil, Tribune Deputy Chief Reporter
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