The Clifton Review 

The Clifton Review is a tri-weekly column that examines the question of the Clifton project along with the evolution of the war between two billionaires. We covered the start of this war with articles describing the battle over easement rights, the mysterious burning of a home, the blocks to rebuilding, and countless questionable court filings.

While the 2018 series salutes fashion mogul Peter Nygård’s Golden Jubilee detailing his rags to riches story, his incredible business success over these past fifty years and an inside look at how he did it, The Clifton Review will also continue to address current affairs as they relate to the good of The Bahamas. 

Your Duty To Your Country

By P.J. Malone

What responsibilities do attorneys have to a society? The regulations for their profession show that theirs is not a profession that they can just practice without obligations.

How many attorneys are there in the House of Assembly for the Commonwealth of The Bahamas? And how many of them recently voted for the passage of the Criminal Evidence (Witness Anonymity) bill?

It appears as if they need to be reminded of their duties as attorneys.

Lest they have forgotten, Rule XII of the Bahamas Bar Code of Professional Conduct Regulations, outlining requirements for The Attorney And The Administration of Justice, state 

The attorney should encourage public respect for and strive to improve the administration of justice.

1. The admission to and continuance in the practice of law implies on the part of the attorney a basic commitment to the concept of equal justice for all within an open, ordered and impartial system….
2. The attorney’s training, opportunities and experience enable him to observe the workings and to discover the strengths and weaknesses of laws, legal institutions and authorities. He should therefore lead in seeking improvements in the legal system, but his criticisms and proposals should be bona fide and reasoned.
3. The obligation outlined in the Rule is not restricted to the attorney’s professional activities but is a broad general responsibility resulting from his position in the community. His responsibilities are greater than those of a private citizen. He must not subvert the law by counselling or assisting in activities which are in defiance of it, and he must do nothing to lessen the respect and confidence of the public in the legal system of which he is a part….

Need we say more? Lets.

It cannot be stressed enough that the idea of passing a bill that contravenes the Constitution of The Bahamas is not just foolish, but a serious matter that should not go unchecked. Such action undermines our society and is in direct contradiction of the responsibilities of our lawmakers.

It is difficult to understand how they could even come to a place of making such a decision that goes against their professional responsibilities:

Are they ensuring with this bill that there is “equal justice for all”?

In creating and passing this amendment, were they focused on “proposals that are bona fide and reasoned”?

Did they take care “not to subvert the law by counselling or assisting in activities which are in defiance of it”?

We think not!

Will the Senate act responsibly or will they follow suit?