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Civil Society Says Accession to the Rome Statute Will Pave the Way for the Establishment of a Culture of Peace and Justice
York, USA - The Coalition for the International Criminal Court today
called on Nepal to demonstrate its commitment to justice and the rule of
law by acceding to the Rome Statute of the International Criminal Court
(ICC)--the world's first and only permanent international court to
prosecute war crimes, crimes against humanity and genocide. Nepal,
together with Rwanda, is the focus of the Coalition's Universal
Ratification Campaign (URC) for August 2012, a monthly campaign launched
to call upon a different country to join the Rome Statute--the ICC's
During the 2012 general election, Sir Lynden Pindling's widow took to the political stage as a part of the PLP's strategy to use the late prime minister's legacy to help the party secure victory. It is debatable how successful was the strategy...
New York, NY --
Coalition for the International Criminal Court (CICC)
--a global network of more
than 2,500 civil society organizations in 150 countries advocating for a fair,
effective and independent ICC and improved access to justice for victims of
genocide, war crimes and crimes
called on Egypt to demonstrate its
commitment to international justice and
the rule of law by ratifying the Rome Statute of the International Criminal Court
(ICC) and the Agreement on
Privileges and Immunities of the
Court (APIC). The Coalition has selected Egypt as a focus for its May 2012 Universal
Ratification Campaign (URC), a monthly campaign launched to encourage countries
to join the Rome Statute. Recent parliamentary elections and
upcoming presidential elections make this an opportune time for Egypt
to display its commitment to justice and
the rule of law by joining the Rome Statute, the Coalition said...
The Court of Appeal has ruled against an attempt by UBS (Bahamas) to appeal a decision of the court to the Privy Council in London saying the case at hand is not one of general public importance.
UBS had sought leave to appeal to the Privy Council the Court of Appeal's ruling from July 31, 2013, in which it ruled in favor of Standard Chartered Bank (Switzerland) in a matter relating to a $34.2 million claim by Standard Chartered Bank on UBS (Bahamas).
In that ruling, reviewing a decision of the chief justice which had struck out the Standard Chartered's claim, Justices Anita Allen, Christopher Blackman and Neville Adderley sent the case back to the Supreme Court for retrial.
The judges said at the time that the chief justice's ruling on the matter was "unsafe", and based on "incomplete evidence".
However, UBS (Bahamas) had, according to the most recent ruling from the Court of Appeal, sought to challenge its decision to send the matter back for a re-trial on numerous grounds that "for the most part, revolve around this court's purported failure to consider and make a determination on the facts, and its purported failure to apply the relevant law."
In response, the Court of Appeal held that the issue at hand is not "one of general public importance" and they will only be "properly answered" if the retrial that was initially ordered by the Court goes ahead.
"We believe it would be premature to send the matter to the Privy Council when all of the facts have not been established," said Justices Anita Allen, Stanley John, and Abudulai Conteh.
_The case revolves around a number of shares held as collateral for a loan by UBS (Bahamas) which the Bahamas office of the Swiss bank had agreed to transfer to Standard Chartered Bank (Switzerland), according to court documents.
The shares were beneficially owned by a mutual customer of the two banks, CIF, in 2008, who owed UBS (Bahamas) "in excess of $30 million".
According to the Court of Appeal judgment on the matter, an agreement to transfer the shares from UBS (Bahamas) to Standard Chartered (Switzerland) took place via the SWIFT messaging system in November 2008, after CIF obtained a loan from Standard Chartered Bank to pay its debt to UBS (Bahamas).
The two banks agreed to transfer the shares to Standard Chartered (Switzerland) once the Swiss bank sent $34.2 million - the amount of its loan to CIF to cover its UBS debt - to UBS.
On November 12, 2008, Standard Chartered (Switzerland) transferred the funds to UBS (Bahamas) and UBS (Bahamas) began initiating the process of transferring the shares - comprising 98,068 shares in Kingate Global Fund Limited and 36,356.58 shares in Thema Fund Limited.
However, in the meantime, the Bernie Madoff fraud led to a collapse in the value of the shares and a suspension of trading in them.
"The value of the shares collapsed as a result of the well-publicized Bernie Madoff fraud. On the 12th of December, 2008, before the shares were transferred, trading in the shares were suspended and this action was commenced on the basis that the shares could no longer be transferred," said the judgment on Standard Chartered's appeal against the chief justice's ruling.
"The plaintiff (Standard Chartered) had requested the return of the $34.2 million on the grounds that as the shares had not been and could no longer be transferred to it, the condition for payment had not been satisfied and therefore the plaintiff said it was entitled to the return of its money."
Standard Chartered (Switzerland) asserted that since the shares were not transferred following its transferral of $34.2 million to UBS, the "consideration for the payment under the contract had wholly failed".
However, UBS said that "it had performed all that was required of it under the contract".
Prime Minister the Rt. Hon. Hubert Ingraham tabled Amendment Bills in
Parliament Monday, July 26th, 2010 which would change the fee structure for matters
before the Supreme Court.
Instead of lawyers having to make out multiple cheques for small
amounts to process matters before the Court, each matter will now
require the payment of a single fee.
This is expected to make the processing of matters before the Court quicker and more efficient.
Suspects to be arraigned in court today - As a result of intense police investigations into a number of serious crimes, Central Detective Unit Officers have charged the following persons who will appear in the Magistrate's Court, Nassau Street today to be formally charged...
NASSAU, The Bahamas - Community youth were drawn by the hundreds and encouraged to compete with each other on the basketball court, rather than criminal court.
Young men between the ages of 16 to 21 represented basketball teams from all nine centres in New Providence, as well as other areas, and competed at Englerston Park, Christie Park and Pinewood Park from dusk until late into the night.
"The objective of the whole thing is to get the young men to get to know each other from the different areas and to compete among each other, but to do it in a healthy environment and learn how to get along with each other through the sport of basketball," said Ella Lewis, New Providence Urban Renewal Coordinator.
"It's been extremely successful and every night the court is filled. We were wondering and see this is definitely the way to go in reaching the young men because they will come out to this. We have more than 300 people on the court both watching the game and participating. They are coming from all the different areas."
From March 30 to April 3, Urban Renewal Community Programme's nine centres held an Inter-Urban Basketball Jamboree, under the theme "You're My Brother". A spirit of community empowerment attracted thousands of spectators across New Providence communities for five days to watch teams play against each other for championship trophies from Englerston, Farm Road, Yellow Elder, Pinewood, Nassau Village, Bain & Grants Town, Elizabeth Estates, Flamingo Gardens, Fox Hill, Fort Charlotte, Kemp Road, and St. Cecilia.
Developers behind Cotton Bay Estates Limited have come up short in a Supreme Court ruling that denies the validity of $11 million worth of performance bonds.
The ruling, filed on behalf of Judge Stephen G. Isaacs, sided with CIBC FirstCaribbean International Bank (Bahamas) and Penn's Renovation & Construction Company, claiming "the bonds are not valid and enforceable against the bank".
Hague--The Coalition for the International Criminal Court--a global
network of more than 2,500 non-governmental and civil society
organizations in 150 countries--today urged states to use the extended
nomination period for the upcoming International Criminal Court (ICC)
elections to continue to identify the most highly-qualified candidates
for the available positions. States parties to the Rome Statute--the
ICC's founding treaty--now have until 16 September 2011 to nominate
candidates for six judicial vacancies. The election, together with that
of the Prosecutor and six members of the Committee on Budget and
Finance, scheduled to take place at the tenth session of Assembly of
States Parties (ASP) in December 2011, represents the most significant
changeover in ICC officials since the creation of the Court...
Nassau, Bahamas -
Chief Justice Sir Michael Barnett
is pleased to announce the appointment of Justice Roy Jones as a Justice of the
Supreme Court and Mr. Milton A. Evans as an acting Justice of the Supreme Court.
Both Justice Jones and Mr. Evans will be sworn in by the Governor General on
Tuesday, 1st February, 2011.
Justice Jones served as a Justice
of the High Court of Jamaica from April, 2002 to December, 2010. On 20th
December, 2010, he was sworn in to act as a Justice of the Court of Appeal of Jamaica. Justice
Jones also served as an acting Justice of the Grand Court of the Cayman Islands between January, 2010 and March, 2010...
The Bahamas has executed by hanging 50 condemned persons from December 1929 to January 6, 2000, pursuant to the sentence of death pronounced by the Supreme Court of The Bahamas. There is presently one condemned prisoner awaiting execution. The murder rate is currently at 94 and climbing. Therefore, the fear of violent crime has elicited a public cry for a solution to crime. For some the resumption of hanging is the answer, in spite of the compelling evidence that capital punishment is not a deterrent to the rising rate of violent crime and the risk of wrongful convictions.
Professor Ann Spackman, in her book "Constitutional Development of the West Indies 1922-1968" (1975) at page 21, argues that one of the legacies of plantation slavery, colonialism and racial oppression in the Caribbean is the continuing "emphasis on coercion and control" and the existence of harsh laws enforced in a punitive spirit during most of the historical experience of the Caribbean since 1492.
Lloyd Barnett, Q.C., in an essay entitled "The Present Position Regarding the Enforcement of Human Rights in the Commonwealth" in the West Indian Law Journal (November 1980), counters that the Commonwealth Caribbean, in addition to having legacies of slavery and colonialism, has also been the beneficiary of the common law which flowered into passionate self-determination and aspiring constitutionalism.
However, the challenge facing constitutional jurisprudence in the Caribbean is to move away from the English techniques of statutory interpretation, applicable to ordinary legislation, when interpreting the Constitution that requires a more flexible and purposive interpretation, informed by international human rights instruments and the evolving global standard of human rights, human decency and norm of respect. The Privy Council, in A.G. of Gambia v. Jobe (1985), held that there should be a liberal and contextual construction of the Constitution to give effect to the intent and purpose of the Constitution.
The tension between the punitive application of the law and restorative justice approach is most vividly illustrated around the issue of the death penalty in The Bahamas. Articles 16, 17 and 30 of the Bahamian Constitution provide:
16. (1) No person shall be deprived intentionally of his life save in execution of the sentence of a court in respect of a criminal offense of which he has been convicted.
(2) A person shall not be regarded as having been deprived of his life in contravention of this Article if he dies as a result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justified...
17. (1) No person shall be subjected to torture to inhuman or degrading treatment or punishment.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question authorizes the infliction of any description of punishment that was lawful in the Bahama Islands immediately before 10th July 1973.
30. (1)... Nothing contained in or done under the authority of any written law shall be held to be inconsistent with or in contravention of any provision of Articles 16 to 27 (inclusive) of this Constitution to the extent that the law in question -
(a) is a law (in this Articles referred to as 'an existing law') that was enacted or made before 10th July 1973 and has continued to be part of the law of The Bahamas at all times since that day.
Saving clauses, such as contained in Article 17 (2) and the general saving clause contained in Article 30 (a), which were intended to be transitional until law reform removed existing laws inconsistent with the Constitution, are sometimes used to limit the enforcement of personal liberties granted by the Constitution.
Chief Justice Telford Georges, in an essay entitled "The Scope and Limitations of the State Machinery" in Human Rights and Development (1978) at page 45, argued, with respect to a similar clause in the Constitution of Trinidad & Tobago, that such clauses "... considerably limits the scope of the machinery of judicial review as a method of enforcement of the rights apparently enshrined in the Constitution. The judicial view... is that the constitutions create no new rights. They merely preserve existing rights."
Article 30 (a) is construed as saving Section 312 of the Penal Code that pronounces that the death penalty is the punishment for murder as being compatible with and not in contravention of any of the fundament rights and freedoms contained in Articles 15 to 27. Until 2011 the mandatory sentence of death by hanging was applied upon the conviction of murder and treason.
However, the Privy Council, informed by the evolving jurisprudence in Europe, has forced the Commonwealth Caribbean to conform to the evolving standard of human decency and human rights in the application of the death penalty. In 1993 the Judicial Committee of the Privy Council, in the case Pratt and Another v. Attorney General of Jamaica (1993), held that the execution of the death penalty after five years was unconscionable delay and would constitute a contravention of Article 17 (1) of the Constitution, except where the delay had been the fault of the accused.
This ruling resulted in scores of condemned prisoners in The Bahamas having their death sentences commuted to life imprisonment due to delay. In 2000 the Privy Council, in Neville Lewis, overturned Reckley v. Minister of Public Safety and Immigration (1996) and held that (a) a condemned prisoner has a right to the secure protection of the law and to due process which would be denied if he were to be executed before the completion of a hearing before the Inter-American Commission on Human Rights; (b) that a condemned prisoner who applied for mercy had a due process right to know what material had been placed before the Prerogative Committee on Mercy and be afforded the right to make representations and know the reasons for the decision of which the process is subject to judicial review; and (c) that the passage of time and their treatment in prison may constitute inhuman or degrading treatment.
In Henfield and Ricardo Farrington v. A.G. of The Bahamas, the Privy Council reduced the period by which The Bahamas must execute a condemned prisoner from five years to three and a half years due to an oversight that The Bahamas is a party to the Inter-American Commission on Human Rights. The five-year rule was subsequently reinstated. The Privy Council, in Forrester Bowe, Jr. and Trono Davis v. The Queen (2006), held that section 312 of the Penal Code Act that declares the mandatory sentence of death for the conviction of murder "should be construed as imposing a discretionary and not a mandatory sentence to death". Consequently, the mandatory sentences of death imposed on Forrester Bowe, Jr. and Trono Davis were quashed and the cases were remitted to the Supreme Court for consideration of appropriate sentences.
In light of the Privy Council's ruling in Forrester Bowe, Jr., the Parliament of The Bahamas amended the Penal Code Act in 2011, by removing the mandatory sentence of death for the conviction murder and setting out the circumstances that will attract the death penalty of a person convicted for murder, such as the murder of a member of the police force, a prison officer, a member of the defence force, a judicial officer, a witness, a juror, the murder of a person during the course of a felony or the murder of more than one person.
Trends in thinking
The trend in judicial reasoning by the Privy Council, informed by the evolving standard of human rights and human decency, will eventually lead, in my opinion, to a judicial finding that the death penalty is contrary to human rights and human decency. The reaction in The Bahamas and the wider Commonwealth Caribbean to this trend has been a desperate effort to retain the death penalty. In this context, some advocates have proposed delinking The Bahamas from the Privy Council as the final appellate court for The Bahamas in favor of either the establishment of final appellate court in The Bahamas or by accepting the compulsory original jurisdiction of the Caribbean Court of Justice. The Bahamian society, on reflection, must determine whether the death penalty is a deterrent to crime or cold-blooded killing by the state, which brutalizes the offender and the society. When the state kills does it lessen its offensiveness and elevate killing into principle? If the justification is the principle of "an eye for an eye", should we not also advocate that rape be undertaken by the state as a punishment for rape?
Chief Justice Gubbay of the Supreme Court of Zimbabwe, in the case Catholic Commission for Justice and Peace in Zimbabwe v. Attorney General and Others (1993), argued that retribution is not a sound rationale for the death penalty as follows: "Because retribution has no place in the scheme of civilized jurisprudence, one cannot turn a deaf ear to the plea made for the enforcement of constitutional rights. Humaneness and dignity of the individual are the hallmarks of civilized laws. Justice must be done dispassionately and in accordance with constitutional mandates. The question is not whether this court condones the evils committed by the four condemned prisoners, for certainly it does not. It is whether the acute mental suffering and brooding horror of being hanged which has haunted them in their condemned cells over the long lapse of time since the passing of sentence of death, is consistent with the guarantee against inhuman, or degrading punishment or treatment."
The European Court of Human Rights in the case Soering v. the United Kingdom (1989) abolished the death penalty in the European Union. Similarly, South Africa, Australia, India, New Zealand, Namibia, The Gambia, for example, have also abolished the death penalty. In the United States, 18 states have abolished the death penalty.
In The Bahamas, without an adequate public defender's system, there is a significant risk that innocent persons may be wrongly convicted for murder, since most defendants in capital cases tend to be poor African-Bahamian men, sometimes with mental problems and background of abuse. There needs to be a more disciplined focus on the causes of crime in The Bahamas and the comparative deterrence of the death penalty in relation to life imprisonment.
1. The government should commission The College of the Bahamas and the Eugene Dupuch Law School to conduct a scientific study to determine the comparative deterrence between the death penalty and life imprisonment to inform public education and policy on the issue of the death penalty.
2. The law reform commissioner should be directed to conduct a comprehensive review of all "existing laws" that may be saved under the "existing law provisions" of the Constitution and recommend amendments to ensure consistency of all laws with the Constitution.
o Alfred Sears is an attorney, a former member of Parliament and a former attorney general of The Bahamas.
The Court of Appeal yesterday upheld a ruling by Chief Justice Sir Michael Barnett...
By NATARIO McKENZIE
Tribune Staff Reporter
NEW Court of Appeal President Anita Allen called her appointment to the head of the Bahamas' appellate court the "culmination and exclamation point of a lifelong love and passion for the law."
Judge Allen, formerly a senior justice of the Supreme Court, was sworn in yesterday as the new president of the Bahamas Court of Appeal at a brief ceremony at Government House attended by about 300 guests.
"There are defining moments in one's life, and certainly, today is one of them for me. It is the culmination and exclamation point of a lifelong love of and passion for the law," Judge Allen said after ...
PRIME Minister Hubert Ingraham revealed yesterday that Senior Justice Anita Allen will be appointed as President of the Bahamas Court of Appeal in January 2011, with incumbent President Dame Joan Sawyer set to retire this month.
Prime Minister Ingraham revealed the intended appointment at a televised press conference at the British Colonial Hotel yesterday.
Senior Justice Anita Allen will be made President of the Court of Appeal in January, Prime Minister Ingraham said yesterday.
The constitutional retirement age of a Court of Appeal Justice is 68, however Dame Joan will turn 70 on November 26 and complete the two-year granted extension.
Dame Joan was appointed President of the Court of Ap ...
HOUSE OF ASSEMBLY
HON. TOMMY TURNQUEST, M.P.
MINISTER OF NATIOAL SECURITY
COMPENDIUM OF ANTI-CRIME BILLS
Wednesday 19th October, 2011
The Court of Appeal will today hear arguments on the appropriate sentence for a man whose murder conviction was reduced to manslaughter on appeal.
After substituting the murder conviction with one of manslaughter, the Court of Appeal gave Dominique Moss a 25-year sentence for killing a woman in Freeport, Grand Bahama.
The Privy Council sent the case back to the Court of Appeal last November after ruling that Moss had the right to be heard on an appropriate penalty.
At the Privy Council, Moss' attorney argued that the sentence of 25 years is, on the facts of this case, manifestly excessive both generally and in particular because the sentence imposed by the trial judge on his co-accused was one of six years.
The court ruled, "The defendant was, and is, entitled to address the proper factual basis for sentence now that the conviction for murder has been quashed.
"He is entitled to address the relative roles of the two accused. He is entitled to address the proper tariff for manslaughter in The Bahamas, the proper place within that tariff for the present."
The high court was referring to the sentencing range for manslaughter, and whether the crime deserves the most severe penalty.
In the early hours of the morning, the defendant and his co-accused took the female victim from a bar and onto a golf course with the object of having sexual intercourse with her, according to the evidence.
There was evidence that she was reluctant to go. Her body was found the next morning in standing water on the course.
Her throat had been cut to the extent that her head was almost severed from her body. There were signs of sexual assault. In police interviews Moss and Lotmore each asserted that the other had killed her.
An edict from a senior policeman banning ex-convicts and suspects wearing ankle bracelets from the world relays this weekend could cost the government a lot of money, according to Bar Association President Elsworth Johnson.
Assistant Commissioner of Police Leon Bethell made the pronouncement when announcing security arrangements for the race.
"Persons who wear ankle bracelets, those persons known to be gang members and those persons with the propensity to commit crime or cause mischief will not be allowed into the stadium," Bethell said.
The Nassau Guardian
contacted Bethell on Sunday to ask him what was the legal basis for the decision.
Bethell, who is also a lawyer, did not state any statutory provision that gave police the authority to impose additional sanctions on suspects on bail without the approval of the court.
"We're trying to save this country," he said.
"Persons who feel that they are aggrieved can take us to court, and we can say that we had information. You don't have the information that we have.
"We are going to police the stadium. If something goes wrong, you are going to be critical of your police force.
"The world will be on us, and while the world is watching The Bahamas, we cannot allow the criminal element to destroy our country."
According to Bethell's criteria for admission to the stadium, businessman Craig Flowers, who was convicted of allowing his premises to be used for a lottery; Bishop Randy Fraser, who was convicted of abusing his position of trust by having sex with a church member he was counseling and Carlos Lamm, a drug convict and former campaign general for Education Minister Jerome Fitzgerald, would not be allowed into the stadium.
Johnson has urged people who fall into this subset to get a declaration from the Supreme Court alleging that their constitutional rights would likely be violated.
"We are a country of laws," the Bar Association president said.
"If one institution should be seen to be following the laws it is the police. These persons have constitutional right of movement. Only the court could restrict their movements.
"I don't agree that these persons should not be allowed to a public event at a public facility. That doesn't make any sense. This is not a police state."
Johnson said police should act on reasonable suspicion, not a just a hunch.
"It would be foolhardy for the police, without any good reason, to refuse to allow these persons into the stadium without reasonable cause because they will cost the government a lot of money that the government can ill afford to spend," he said.
Johnson said the police have the lawyers at the Office of the Attorney General at their disposal, if they had any doubts about the legality of their actions.
Halsbury Chambers Partner Nerissa Greene Wins Precedent-Setting Case Involving Prenuptial Agreements
Nerissa A. Greene, partner, Halsbury Chambers wins precedent-setting case in support of pre-nuptial agreements. Chief Justice Sir Michael Barnett issued a comprehensive 24-page ruling affirming the contract.
A justice of the Court of Appeal claimed he has suffered "nothing but embarrassment and hurt" as he dismissed claims made by two financial institutions that asserted a judgment he made should be set aside due to "apparent bias".
Both Justice Stanley John and Justice Christopher Blackman were hit with claims of possible bias by appellants Belgravia International Bank & Trust Company Limited and Experta Trust Company (Bahamas) Limited and calls for a February 2014 judgment in favor of CIBC Trust Company (Bahamas) to be set aside as a result in an appeal heard by the court.
On John's part, the claim stemmed from the fact that John's daughter, Amanda, was employed by Lennox Paton, the firm representing CIBC Trust Company (Bahamas). On Blackman's part, the appellants had claimed that a position he had held as a non-executive director of CIBC West Indies Holdings Limited, a corporate affiliate of CIBC between 1993-1994 and in 2001, and the employment of his son and sister with CIBC companies in Barbados, should have been disclosed by the judge due to the possibility of a resulting bias towards CIBC.
Pushpinder Saini, Q.C., appearing for the appellants, urged that there was a "duty of disclosure" on the part of Blackman and John at the
outset of the appeal in February 2013.
Addressing the claims, Blackman said the appellants did not assist in "stating what defining moment or event occurred" that would have prompted the judge to disclose a likelihood of bias.
"While extensive powers are vested in judicial officers, I don't think that the power of divination is one of them. So the question for the informed, reasonable and right minded person...(is) what would the fair minded and informed observer consider should have prompted John JA or myself in February 2013 to declare a relationship with Lennox Paton or CIBC?"
With respect to the allegation against John specifically, Blackman said he is of the view that "an informed, reasonable and right minded person, viewing the matter realistically and practically" could not have thought the decision by Lennox Paton to hire Amanda John in late 2013 could have been a factor for consideration in May 2013 when the hearing of the appeals concluded.
"In relation to myself, in the circumstance that I ceased to be a non-executive Director of CIBC related companies in 2001, the time that has elapsed is critical to the conclusion that it was more likely than not that an informed, reasonable and rightminded person....would conclude that it was more likely than not that bias or its apprehension (was) improbable.
"I am of the further view that such a person would reach the same conclusion in regard to my son and my sister's employment with the CIBC companies in Barbados, where there has been no relationship with CIBC Trust Company (Bahamas) Limited," he added.
"In the circumstances...I conclude that no reasonable apprehension of bias on the part of John or myself is established. Consequently there is no reason to vacate the judgment of the court dated February 26, 2014..." said Blackman.
Blackman also noted that each judge prepares and expresses their opinion independently, rather than having one member of the court "brief" the rest.
"(This) demonstrates that the independence and integrity of each member of this court is jealously guarded and respected both individually and collectively," said Blackman.
John said that while his 30 year old daughter, Amanda, had lived with him in The Bahamas he "had no personal input into her selection for pupilage with Lennox Paton" and he has not made "any contribution towards the facilitating of a work permit for her in The Bahamas."
"Further I say that I have not had, nor do I now have, any personal relationship with any member of the law firm of Lennox Paton or any other law firm in the Commonwealth of the Bahamas," said John.
Calling the allegations of bias "spurious", John said that they have "caused (him) nothing but embarrassment and hurt, particularly as the judgment sought to be impugned in these application was heard and determined before my daughter's engagement with Lennox Paton."
Also hearing the appeal, Justice Conteh agreed with Blackman's position, asserting that there was "not a scintilla of truth" in the allegations against the two other judges.
The judgment noted that while it is important that justice must be seen to be done, it is "equally" as important that judicial officers discouraging forum shopping.
This can be achieved by not, "acceding too readily to suggestions of bias, encourag(ing) parties to believe that by seeking the disqualifications of a judge, they will have their case tried by someone thought to be more liekly to decide the case in their favor."
The stay granted against the execution of the earlier Court of Appeal judgment on July 17, 2014, was discharged.
The underlying legal battle stemmed from a June 1996 agreement between CIBC and Belgravia, in which the two banks had agreed to act as co-trustees of a family trust. CIBC was ultimately replaced by Experta in July 2005, and Belgravia initiated legal action against CIBC for alleged breach of trust and the return of trust assets/monies still in its control.