BACK AND FORTH: Johnson's lawyers push back against Sands' claim of no hearing notice

Fri, Mar 10th 2023, 03:41 AM

NASSAU, BAHAMAS — In conflicting statements released today, FNM Chairman Dr Duane Sands and Vice Chairman Richard Johnson presented different accounts of yesterday's ruling in the Supreme Court, which overturned Johnson's suspension by party officials.

Justice Deborah Fraser's ruling stated that Sands and FNM Leader Michael Pintard are prohibited from "restraining, prohibiting, or interfering with (Johnson) in the discharge of his functions as a duly elected Vice Chairman of the Free National Movement," until further deliberations are made on the matter.

Johnson was previously barred from attending central council meetings after a special meeting held at the FNM's Mackey Street headquarters in October 2022.

Following his suspension, Johnson vowed to challenge the decision's constitutionality in court.

In a memo sent to the FNM's Central Council in response to the ruling, Sands alleged that the hearing occurred "without notice" and without legal representation for the party present.

However, Johnson's legal counsel dismissed this claim as "simply untrue."

Shortly after Sands' memo was released to the media, Moss & Associates issued a press statement alleging that an associate of Khalil Parker, KC, had acknowledged the documents' receipt.

"On Tuesday, March 7, 2023, at 6:23 pm, we forwarded advance copies of the Ex Parte Summons with Notice and Second Affidavit of Richard Johnson, along with our Skeleton Arguments, to Attorney Khalil Parker, KC, by email, and copied that email to three of his associates at the Chambers of Cedric L. Parker & Co.

"On Wednesday, March 8, 2023, at 2:09 am, we forwarded a copy of an email confirmation we received from the Bahamas Judiciary Listing Office, which confirmed our application for a Hearing date from the said Summons, to Attorney Khalil Parker, KC, by email, and copied that email to three of his associates at the Chambers of Cedric L. Parker & Co.

"On Wednesday, March 8, 2023, at 12:32 pm, we delivered duly filed copies of the Ex Parte Summons with Notice and Second Affidavit of Richard Johnson, along with our Skeleton Arguments, to the Chambers of Cedric L. Parker & Co. The Ex-Parte Summons had inscribed thereon the date of the hearing before Her Ladyship Mrs. Justice Deborah Fraser as being on Wednesday, the 8th day of March, 2023, at 2:00 o'clock in the afternoon.

"The Defendants, therefore, had full notice of the date and time of the hearing and of the substance of the application," the press statement concluded.

"The hearing did not commence until 2:45 pm. Neither Attorney Khalil Parker, KC, nor any other counsel for the Defendants, appeared at the hearing."

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