NASSAU, Bahamas –Fred Smith, QC, yesterday urged Deputy Prime Minister and Minister of Public Works Desmond Bannister to stop making comments that “undermine the independence of the judiciary”, The Nassau Guardian reported on Thursday, June 10.
On Tuesday, Bannister said it is now “open season” for people who want to build homes illegally in The Bahamas, as he critiqued a Supreme Court ruling, which bans further demolitions in shantytowns on Abaco unless court approval is granted.
He described the ruling, which was delivered by Supreme Court Justice Cheryl Grant-Thompson on Monday, as “a flawed decision” that is “wrong in law”.
Yesterday, Smith told The Nassau Guardian, “I urge Minister Bannister not to make comments which are more appropriate for his lawyers to make if they appeal. Judges’ rulings are to be respected. They are not flawed or incorrect until the Court of Appeal says so, and then, even the Privy Council can speak to what the Court of Appeal says.
“But for the executive, for Mr. Bannister, to be making mischievous, misleading, misconceived comments, which undermine the rule of law, which undermines the independence of the judiciary, which devalues a judgment of the Supreme Court, it should not be made. He should stop.
“I urge Minister Bannister to cease and desist making comments that undermine the independence of the judiciary because let me remind him: fair but for the grace God goes I.
“When the FNM (Free National Movement) needs to go to court for something, they will want to uphold whatever judgment the court gives. Win, lose or draw, there should be respect for the pronouncements of the judiciary.”
Smith said it appears to be an “open season on the judiciary”.
“It’s a crying shame that our government doesn’t do something about it, instead they encourage [it],” he said.
“So, I urge the government to stop abusing the judiciary, who are only doing their jobs as independent members of the three-part system of government we have.” See link to complete story in The Nassau Guardian at https://thenassauguardian.com/smith-says-dpm-wrong-to-criticize-court-ruling/?fbclid=IwAR2nMdtIjZ_pbZnEY77ZmA94R7G8tDdruYk2l9O02DiSAhhAD5ggY0jaaKw