New Category : Court

Man jailed for fictitious marriage

Fri, Mar 17th 2023, 08:16 AM

A Bahamian man who married a second Jamaican woman without divorcing his first Jamaican bride was on Thursday sentenced to one year in prison.

Lavardo Ferguson, 36, of Pinewood Gardens, pleaded guilty to entering into a fictitious marriage and making a false declaration at his arraignment before Senior Magistrate Carolyn Vogt-Evans.

Ferguson married his first wife, Rokelle Brown, on October 11, 2011. He married Christina Dunkley on March 10, 2022 without first divorcing Brown.

Ferguson obtained a marriage license for the second union on February 22, 2022 by falsely claiming that he was a bachelor.

On the day of his bigamous marriage, Ferguson also falsely declared that he was single.

On March 13, 2023, Registrar General Camille Gomez-Jones contacted police and reported that Ferguson and Dunkley came to the office seeking information about Ferguson's divorce to Brown.

A check of the records showed that Ferguson was still married to his first wife.

During her interview with police, Dunkley said that she and Ferguson began dating in April 2021. She said she learned about his first marriage when they went to the National Insurance Board (NIB).

Ferguson, who was unrepresented at his court appearance, said he was unaware of the divorce procedure.

He claimed that his first wife's lawyer came to his home a year after they wed and served him with divorce papers, which he signed.

Ferguson said he was of the mistaken belief that signing the papers ended his marriage.

He said he had not heard from or seen his first wife since he signed those papers.

Ferguson said he learned that he was still legally married to Brown when he and his new wife went to register his wife at NIB so that she could get a job.

According to the prosecutor, Ferguson's second bride had overstayed her visitor's visa and was being sought by immigration officials.

In mitigation, Ferguson said he worked as a security guard at The Nassau Guardian and had two daughters with two other women.

In sentencing, Vogt-Evans said, "The defendant has breached a fundamental and sacred sacrament, that is the union of marriage, ordained by God. The state of the immigration crisis in this country is that breaches of this kind allows persons to bypass the proper channels of their entry and residence into The Bahamas. Therefore, this is a most serious offense."

Vogt-Evans said that the court had to send a strong message to would-be offenders.

Court rules in favor of development, but reduces insurance claim

Court rules in favor of development, but reduces insurance claim

Mon, Mar 6th 2023, 08:29 AM

Chief Justice Ian Winder has ruled that an insurance company pay the insurance claim of a development adjacent to Lyford Cay, albeit at a significantly reduced amount.

In the matter between Bolingbroke Ltd., which entered into a policy for its development Jacaranda at Christie Terrace; and Summit Insurance, Insurance Management and Island Heritage Insurance, the chief justice ordered judgement to Bolingbroke in the amount of $352,052 - however the company had sought a $1.02 million claim on the loss of property and $441,273.19 for a loss on content claim.

The claims were made following Hurricane Matthew in October 2016, during which significant damage was made to the property including a main house, guest house and play house.

While Bolingbroke made its claim, the insurance companies asserted that there was no proper cause of action, which Winder ruled previously that he found no merit within.

"In Bolingbroke's statement of facts and issues, it asserted that its scheduled and documented loss on the property claim is US$1,021,735.34, and its loss on the content claim is US$441,273.19. This was an issue a year prior to the trial of the action on March 16, 2020. Coincidentally the sums now claimed are lower than the sums referenced in the amended statement of claim. Bolingbroke is entitled to abandon claims but that may have cost implications," Winder said.

He continued, "The defendants rely on the reports of Veritas Consultants Limited and say that the building claim is estimated to be $645,644.93."

Winder did not account for the contents claim in his computation, saying it was unproven and took account of underinsurance of the appraised $7.2 million property in reaching the final sum.

The ruling was handed down on March 1st, with party submissions to be heard within 28 days as to the proper order to be made for costs in the action.

Father is jailed for 25 years for incest

Tue, Feb 28th 2023, 08:06 AM

A FATHER was yesterday sentenced to 25 years in prison on two counts of incest for forcing his now adult daughter to have sex when she was still a teenager.

The 48-year-old man, whose name is being withheld to protect the identity of the victim, was represented by Murrio Ducille, KC. He appeared before Justice Guillimina Archer-Minns. #There, he faced sentencing for two counts of incest after being convicted last October of sexually abusing his daughter in 2015 and again in 2016 when she was 15 and 16 years old. #During the complainant’s earlier testimony, she said that in 2015 after her father had picked her up from band practice, he took her to his upscale condominium instead of to her mother’s house. # Once there, he guided her to an area near the condo’s pool bathroom where he rubbed her breasts and thighs as well as kissed her neck. # While the victim tried to resist him and leave the area, the father undressed her and forcefully had sex with her while she was pinned to the floor. # In the second incident a year later, after the complainant tried to give her father a second chance after he started paying child support, he took advantage of her once more in his home after they got pizza. # It was there after putting on pornography that the convict made sexual advances towards his daughter that she refused, only for him to forcefully have sex with her once again. # Charges were officially filed against him in 2017 and he was arrested later that same year. # In an earlier trial appearance, an audio recording was played in court of the accused begging his daughter not to tell anyone of the incidents because he was afraid of going to jail. # While the accused vehemently denied the charges against him throughout the trial, he was visibly shaken after a jury of eight unanimously found him guilty of both counts of incest. # During the reading of the convict’s probation report, Basil Cumberbatch, assistant director of public prosecutions and prosecutor in this case, called the incest charges rape. Mr Cumberbatch further said the convict refusing to plead guilty, forcing his daughter to relive the incidents. # He told the justice that a 20 to 30-year sentence would be appropriate. # In his latest court appearance Justice Archer-Minns sentenced the accused to 25 years at the Bahamas Department of Correctional Services for each charge, to be served concurrently.

The 48-year-old man, whose name is being withheld to protect the identity of the victim, was represented by Murrio Ducille, KC. He appeared before Justice Guillimina Archer-Minns.

There, he faced sentencing for two counts of incest after being convicted last October of sexually abusing his daughter in 2015 and again in 2016 when she was 15 and 16 years old.

During the complainant’s earlier testimony, she said that in 2015 after her father had picked her up from band practice, he took her to his upscale condominium instead of to her mother’s house.

Once there, he guided her to an area near the condo’s pool bathroom where he rubbed her breasts and thighs as well as kissed her neck.

While the victim tried to resist him and leave the area, the father undressed her and forcefully had sex with her while she was pinned to the floor.

In the second incident a year later, after the complainant tried to give her father a second chance after he started paying child support, he took advantage of her once more in his home after they got pizza.

It was there after putting on pornography that the convict made sexual advances towards his daughter that she refused, only for him to forcefully have sex with her once again.

Charges were officially filed against him in 2017 and he was arrested later that same year.

In an earlier trial appearance, an audio recording was played in court of the accused begging his daughter not to tell anyone of the incidents because he was afraid of going to jail.

While the accused vehemently denied the charges against him throughout the trial, he was visibly shaken after a jury of eight unanimously found him guilty of both counts of incest.

During the reading of the convict’s probation report, Basil Cumberbatch, assistant director of public prosecutions and prosecutor in this case, called the incest charges rape. Mr Cumberbatch further said the convict refusing to plead guilty, forcing his daughter to relive the incidents.

He told the justice that a 20 to 30-year sentence would be appropriate.

In his latest court appearance Justice Archer-Minns sentenced the accused to 25 years at the Bahamas Department of Correctional Services for each charge, to be served concurrently.

AG seeks permission to demolish shanty towns

Mon, Feb 6th 2023, 08:42 AM

THE Attorney General filed a summons on Friday seeking permission from the courts to demolish an expanded shanty town in Abaco as well as at two locations in New Providence.

Prime Minister Phillip ‘Brave’ Davis confirmed the filing in a tweet on Friday, a week after announcing the government’s plans to seek a modification of an existing shanty town injunction. #He also revealed that further steps to address the country’s immigration problem will be outlined in the days ahead. #“This morning, the Office of the Attorney General filed a summons seeking permission to demolish the expansion of a shanty town in Abaco and at two locations in New Providence,” the prime minister tweeted on Friday. #“I am coordinating a cross-government response with the senior leadership of the Royal Bahamas Defence Force, the Ministry of Immigration, the Royal Bahamas Police Force, the Ministry of Works, and the Attorney’s General Office. #“In the coming days, I will outline further steps on immigration, focusing on enforcement, protection of our borders and international cooperation.” #The filing came the same day the Prime Minister received deaths threats from an anonymous caller who phoned into his office - with investigations into the matter said to be continuing. #It also follows months of reignited calls for more to be done to address the shanty town problem and increasing protests over what some term to be an “immigration crisis” in the country. #Local officials have long lamented the increasing number of illegal communities springing up on several islands, including Abaco, Eleuthera and North Andros. #Central and South Abaco MP John Pinder told reporters last month that the issue of shanty towns on the island is about to reach a “boiling point”. North Eleuthera MP Sylvanus Petty also recently voiced concern that the problem is getting worse on the island. #Meanwhile, the Davis administration has repeatedly maintained that illegal shanty towns will not be allowed to go unchecked indefinitely, while vowing that any action taken will be done in accordance with the law. #Currently, shanty towns in Abaco and New Providence are covered under a 2018 Supreme Court injunction that bars demolition of the structures pending an outcome of a judicial review over the matter. #After Hurricane Dorian hit Abaco in 2019, the Minnis administration sought to have the 2018 injunction varied to exclude Abaco shanty towns and their residents and started demolishing newly built structures on the island post Dorian. #However, the government was ordered to cease and desist from further demolitions when Justice Cheryl Grant-Thompson ordered an extension of her injunction to include all unregulated communities in Abaco. #They must now get approval from the court before demolishing any further structures, as the injunction remains in place. #On January 26, Prime Minister Davis told reporters it was the government’s intention to seek a modification of the injunction so officials can stop the growing numbers of illegal developments in the country. #He also responded to criticism that the government has not been doing enough the stem illegal migration after The Bahamas repatriated a “record” number of irregular migrants last year. #Currently, The Bahamas is experiencing a spike of illegal migration from Haiti and also from Cuba. #“Maybe they could tell us what else we can do, but we know that we are doing all that we can,” Mr Davis said last month. #“They’re going to continue to come. As long as the conditions in Haiti persist, we’re going to have people trying to get out of Haiti and if you speak to them most of them are not coming trying to get to The Bahamas. #“They are trying to get to the United States of America. And as they come into our waters, because of our international treaties we are bound to process them and return them as quickly as we can. That’s what we’ve been doing.”

Prime Minister Phillip ‘Brave’ Davis confirmed the filing in a tweet on Friday, a week after announcing the government’s plans to seek a modification of an existing shanty town injunction.

He also revealed that further steps to address the country’s immigration problem will be outlined in the days ahead.

“This morning, the Office of the Attorney General filed a summons seeking permission to demolish the expansion of a shanty town in Abaco and at two locations in New Providence,” the prime minister tweeted on Friday.

“I am coordinating a cross-government response with the senior leadership of the Royal Bahamas Defence Force, the Ministry of Immigration, the Royal Bahamas Police Force, the Ministry of Works, and the Attorney’s General Office.

“In the coming days, I will outline further steps on immigration, focusing on enforcement, protection of our borders and international cooperation.”

The filing came the same day the Prime Minister received deaths threats from an anonymous caller who phoned into his office - with investigations into the matter said to be continuing.

It also follows months of reignited calls for more to be done to address the shanty town problem and increasing protests over what some term to be an “immigration crisis” in the country.

Local officials have long lamented the increasing number of illegal communities springing up on several islands, including Abaco, Eleuthera and North Andros.

Central and South Abaco MP John Pinder told reporters last month that the issue of shanty towns on the island is about to reach a “boiling point”.

North Eleuthera MP Sylvanus Petty also recently voiced concern that the problem is getting worse on the island.

Meanwhile, the Davis administration has repeatedly maintained that illegal shanty towns will not be allowed to go unchecked indefinitely, while vowing that any action taken will be done in accordance with the law.

Currently, shanty towns in Abaco and New Providence are covered under a 2018 Supreme Court injunction that bars demolition of the structures pending an outcome of a judicial review over the matter.

After Hurricane Dorian hit Abaco in 2019, the Minnis administration sought to have the 2018 injunction varied to exclude Abaco shanty towns and their residents and started demolishing newly built structures on the island post Dorian.

However, the government was ordered to cease and desist from further demolitions when Justice Cheryl Grant-Thompson ordered an extension of her injunction to include all unregulated communities in Abaco.

They must now get approval from the court before demolishing any further structures, as the injunction remains in place.

On January 26, Prime Minister Davis told reporters it was the government’s intention to seek a modification of the injunction so officials can stop the growing numbers of illegal developments in the country.

He also responded to criticism that the government has not been doing enough the stem illegal migration after The Bahamas repatriated a “record” number of irregular migrants last year.

Currently, The Bahamas is experiencing a spike of illegal migration from Haiti and also from Cuba.

“Maybe they could tell us what else we can do, but we know that we are doing all that we can,” Mr Davis said last month.

“They’re going to continue to come. As long as the conditions in Haiti persist, we’re going to have people trying to get out of Haiti and if you speak to them most of them are not coming trying to get to The Bahamas.

“They are trying to get to the United States of America. And as they come into our waters, because of our international treaties we are bound to process them and return them as quickly as we can. That’s what we’ve been doing.”