Attorney Fred Smith may have to answer questions concerning how two Cubans, who were being sought by local authorities after being branded a national security risk, were able to leave The Bahamas.

Foreign Affairs Minister Fred Mitchell advised Parliament yesterday that a formal complaint was being prepared against the lawyer to the Bahamas Bar Association.

Smith represented Carlos Pupo and Lazaro Seara Marin, who were held in prison without charge for almost three years. Though Smith recently said he was not aware of their whereabouts, both men have reportedly returned to the United States, according to a Tribune article.

Mitchell's statement followed assertions made by Fort Charlotte MP Dr. Andre Rollins in the House of Assembly on Wednesday night.

As tempers flared over the former PLP MP's numerous jabs at the government -- many of which centered around Canadian fashion designer Peter Nygard, and court documents that outline an alleged murder plot against certain members of the Save the Bays group -- Rollins raised the unrelated matter of the Cubans.

"They said those two Cuban men could not walk the streets of this country because they were a menace to society, a threat to national security and that they were refused entry into the United States," said Rollins, during his contribution to the mid-year budget debate.

"Yet, those Cubans are residing and working in Miami, Florida, to this day. So, the question is, who is not telling the truth, Mr. Speaker? Did the minister of foreign affairs mislead this House on the belief it would be impolitic ..."

Yesterday, Mitchell said, "It also seems to me, if as reported to me, the member alleges that he, out of peculiar knowledge, knows that these individuals are in Miami and working, that he ought to answer some questions as well about his conduct.

"And I say also that it is also in the purview of this Parliament to move a formal vote on censure against irresponsible members of Parliament."

Senior Justice Stephen Isaacs freed the Cubans on February 18 after Smith brought an application and the government's lawyers had no objection. After the court's decision, Mitchell classified Pupo and Marin as "a national security risk". In the House of Assembly last month, Mitchell claimed the men had criminal records in the United States.

The Nassau Guardian confirmed that in November, Mitchell asked Cabinet to grant the men asylum and release them into the general population. At the time, Mitchell reported to his colleagues that the men had satisfied all security requirements to be released into the population. The opposition has demanded a full explanation on the matter.

Prime Minister Perry Christie again defended the government's handling of the matter yesterday.

"I indicated, Mr. Speaker, that we had tried the United States of America by a direct request of the prime minister," he said. "We had tried the Cuban government by a letter written by me to the president of Cuba, Raul Castro.

"We tried other governments, Mr. Speaker, in the region, including Panama, and all had been rebuffed, Mr. Speaker, of those persons not being fit and proper, including the United States of America.

"And so, I just want the record to reflect that as prime minister at the first available opportunity, I have made that position clear because it is a matter now where, at the highest level, representations must be made to the United States of America with respect to this matter."

Royston Jones Jr.

Guardian Staff Reporter

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