BAHAMAS Bar Association President Elsworth Johnson yesterday defended Attorney General Allyson Maynard-Gibson against critics calling for her resignation over her decision to stop a private prosecution against the Sandals Royal Bahamian resort.
While he noted that the matter reinforces the argument for an independent director of public prosecutions, Mr. Johnson branded criticisms as “unfair” and suggested that the move could bolster public perceptions of her level of independence in the role.
“High ranking members of the Cabinet seem to be saying that the AG should have consulted with them,” he said.
“The attorney general, that office doesn’t have to condescend to anybody when deciding to prosecute or nolle a matter. It is to be seen as independent.
“For persons to be making accusations, especially when you don’t know her consideration, without all the facts, its very unfair.”
“I don’t know that you go so far to say that because she decides to nolle a matter, that she should resign, especially when one can’t show there was any misconduct or that she was biased in any way.
“They nolle matters on a continuous basis, it’s just that you don’t hear about it.”
He added: “Why is it that this one is bringing so much public attention?”
“Highly political persons are expecting her to act a certain way. Perhaps her efforts in this matter indicate her level of independence.
“It may demonstrate or highlight the level of objectivity and independence that she brings to her office rather than the opposite… that she is not going to be swayed by proponents of labour union or senior members of her party,” Mr. Johnson said.
The nolle order halts the action launched against the resort, its general manager, Gary Williams, and financial controller, Fitzroy Walker, by five officers of the Bahamas Hotel Maintenance and Allied Workers Union (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, 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.
Much of the public outcry over the nolle has hinged on the premise that it was signed on August 15, the same day the hotel terminated more than 600 employees.
However, in response to the pushback, the Office of the Attorney General released a statement clarifying that the order did not come into effect until it was entered in the Magistrate’s Court on September 19.
Mrs. Maynard-Gibson explained that the private prosecution was initiated by the union, and not the state, while civil proceedings were underway in the Supreme Court between BHMAWU and the resort.
She said the nolle order did not prevent or compromise efforts to negotiate an industrial agreement between Sandals and the union.
While her party, the Progressive Liberal Party, has backed her decision, Mrs. Maynard-Gibson has come under fire from the labour movement and the Official Opposition - both groups have called for her immediate resignation. Some of her Cabinet colleagues have also criticised her.
Last week in an article published in The Nassau Guardian, Labour Minister Shane Gibson said he was disappointed that Mrs. Maynard-Gibson did not notify him of the decision as he and other government officials were actively working to resolve issues between the resort and the union.
His position was supported by Deputy Prime Minister Philip Davis, and Tourism Minister Obie Wilchcombe, with both senior ministers stating that the move sent the “wrong message”.
Mrs. Maynard-Gibson last week maintained that she would not be swayed in the execution of her constitutional duty “by the political objectives of her colleagues or anyone else.”
By Ava Turnquest, Tribune Chief Reporter
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