Open party

Mon, Sep 26th 2016, 10:17 AM


From left: Allyson Maynard-Gibson, Shane Gibson, Obie Wilchcombe, Philip Brave Davis

The attorney general of The Bahamas has extraordinary constitutional power when it comes to prosecutions. The AG can undertake criminal proceedings against any person before any court in respect of any offense against the law; the AG can take over and continue any criminal proceedings that have been instituted by any other person or authority; and, the AG can discontinue, at any stage before judgment is delivered, any criminal proceedings instituted or undertaken by herself or any other person or authority. The AG does not have to provide an explanation for her actions.

That third power has been controversial. Attorney General Allyson Maynard-Gibson stopped the private prosecution against the top management of Sandals Royal Bahamian Resort on August 15, the same day the property made 600 jobs redundant.

The dismissals came five days after Sandals General Manager Gary Williams and Financial Controller Ronnie Mirza were arraigned on a private prosecution on allegations 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.

Maynard-Gibson's decision on the prosecution became publicly known this week. It was no surprise that Trade Union Congress (TUC) President Obie Ferguson was disappointed. Ferguson is the lawyer for the Sandals union. The union also falls under his TUC umbrella of unions. What was surprising was the public reaction of several senior colleagues of the attorney general.

Shane Gibson, labor minister, told The Nassau Guardian on Wednesday that he was disappointed that she stopped the private prosecution without giving him and others the courtesy of knowing.

"I found out about it yesterday when one of the union presidents sent it to me," he said. "When he first told me I said 'That could not have happened because I would have known about it'."

Asked if he felt disrespected, Gibson said he did. He also said the prime minister indicated that he was not aware that an order to stop the prosecution had been issued.

On Thursday Deputy Prime Minister Philip Brave Davis and Minister of Tourism Obie Wilchcombe said they shared the disappointment expressed by the labor minister. "I was not aware [about the nolle], and as I said, I share the minister of labor's concern," Davis said when asked about the issue.

Wilchcombe, in a separate interview, said Gibson spoke for "many of us".

"The reality is, the ministry responsible for labor is at the table negotiating, and I understand his argument; that if I am at the table negotiating, I should not be caught by surprise because it sends the wrong message," he said.

The other side
The attorney general is known for her steeliness. She fired back at her critics, who are also her colleagues, in a short statement Thursday night that ended forcefully.

"The nolle prosequi became effective when it was entered in the Magistrate's Court by the Office of the Attorney General on September 19, 2016," she said.

"Civil proceedings are continuing in the Supreme Court between the Bahamas Hotel Maintenance and Allied Workers Union ("the Union") and Sandals in relation to the continued existence of the union and whether Sandals should be obliged, in the circumstances, to negotiate with the union.

"Another action is before the Supreme Court on the matter of whether the Sandals employees were unfairly dismissed. The union, not the state, also commenced in the Magistrate's Court, a private prosecution against some of Sandals' managers. Persons are being held accountable through the legal process in the Supreme Court, where appropriate sanctions are available.

"One of the objectives being pursued by the government in meetings with Mr. Obie Ferguson and other trade unionists was the attempt to encourage Sandals to negotiate an industrial agreement notwithstanding the Supreme Court action. The entering of the said nolle prosequi does not prevent, nor does it compromise, further meetings and continued efforts of the minister of labor, or anyone else in the government, in relation to this goal and a successful outcome.

"The attorney general in the execution of her constitutional duty is never swayed by the political objectives of her colleagues or anyone else."

The last line of that response indicates that Maynard-Gibson is not pleased with the rebuke she received from these three senior PLPs. She thinks their interventions are driven by "political objectives".

To her defense came PLP Chairman Bradley Roberts on Wednesday.

"In our view, the Office of the Attorney General is correct in its judgment, and the Progressive Liberal Party supports the decision," he said in a statement.

"When all of the PR, the political spin and posturing are said and done, it falls on the government to ensure the integrity of the country's duly constituted public institutions."

The PM watches it all
This is the type of internal fight Prime Minister Perry Christie does not like to get involved with. His usual strategy is to let it play out, hoping it goes away in a few days.

Thus far the Free National Movement (FNM) and major union blocs have called for Maynard-Gibson's resignation. This is highly unlikely, though. She is a key ally of Christie's at a time when he is not popular.

The significance of this episode is that Gibson, Davis and Wilchcombe felt so annoyed by Maynard-Gibson's conduct that they sent a message to Christie publicly. They want him to rein her in. It is highly abnormal in the Cabinet system of government for Cabinet colleagues to openly reprimand each other. This is not a good look for the governing side in the home stretch toward a general election.

Brent Dean, Nassau Guardian Editor

Click here to read more at The Nassau Guardian

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