Free National Movement (FNM) Chairman Dr. Duane Sands said yesterday that a court hearing that saw the reinstatement of FNM Vice Chairman Richard Johnson, who was banned from attending Council meetings, "took place without notice and in the absence of our attorneys".

Johnson's attorneys, in a response to Sands, said this is "simply untrue".

Johnson sued FNM Leader Michael Pintard and Sands after party members voted to suspend him from attending all future meetings last October.

On Wednesday, Justice Deborah Fraser ordered that Johnson be allowed to attend meetings and carry out his duties as vice chairman of the party, pending a determination of his lawsuit.

In a memorandum to the FNM's Central Council yesterday, Sands said, "We are presently taking advice from our attorneys regarding the order and will address the order at a hearing before Her Ladyship in due course.

"As the Central Council is aware, Mr. Johnson is the subject of disciplinary proceedings in accordance with the constitution of the Free National Movement and has instituted an action in the Supreme Court with respect to the disciplinary proceedings.

"Giving due deference to both processes we write only to address concerns that may arise due to the wide publication of the procedural step taken on Mr. Johnson's behalf.

"The court has not, by the said order or otherwise, expressed a substantive view on the allegations raised by Mr. Johnson - the said order being granted by the court without the benefit of submissions on behalf of the party.

"The order serves only to restore and preserve the previously existing state of affairs pending further or final order and will be complied with as we take the necessary steps to secure a further hearing in this matter."

In response to Sands' memorandum, Moss and Associates, the firm representing Johnson, said they, on Tuesday March 7, forwarded an email to the FNM's attorney, Khalil Parker, KC, and copied three of his associates, advanced copies of the ex parte summons with notice and the second affidavit of Johnson, together with their skeleton arguments.

On Wednesday March 8, Moss and Associates said it forwarded an email, at 2:09 a.m., to Parker, and three of his associates, a copy of an email confirmation from the Bahamas Judiciary Listing Office for a hearing date for the summons.

At 12:32 p.m. that day, Moss and Associates said it served Parker's law firm with copies of the summons, the second affidavit of Johnson, and their skeleton arguments.

The summons had inscribed the date of the hearing - March 8 at 2 p.m.

"An acknowledgment of receipt of the aforesaid document was signed by an associate of attorney Khalil Parker, KC, and is in our possession," the statement said.

"The defendants, therefore, had full notice of the date and time of the hearing and of the substance of the application. The hearing actually did not commence until 2:45 p.m.

"Neither attorney Khalil Parker, KC, nor any other counsel for the defendants appeared in the hearing."

The post Sands: FNM will seek court hearing on FNM vice chair order appeared first on The Nassau Guardian.

The post Sands: FNM will seek court hearing on FNM vice chair order appeared first on The Nassau Guardian.

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