Categorized | National News

Fred Smith’s Premise Is Flawed

By P.J. Malone

 

Isn’t the premise of Save The Bay’s attorney and Director, Fred Smith, wrong? If I remember correctly, the Member of Parliament did not call for a review of the Court’s ruling following the case brought against the Commonwealth of The Bahamas’ Members of Parliament. A review by the House of Assembly Committee on Privilege was called for at the onset of the matter.

How can Parliament be interfering with a case before the courts if the Committee’s review is about determining whether or not the court has jurisdiction to entertain the matter in the first place? The Committee’s review is not focused on the ruling, but focused on the fact that Save The Bays’ unfounded charges were legitimized at the onset.

To wait for the courts to finish dealing with the matter is to legitimize the courts decision to accept Save The Bays’ position on the matter in the first place.

It also invalidates the separation of powers. To say that Parliament is not allowed to operate under its rules and parliamentary practices because the court has made a ruling on a matter—where the court’s validation of the matter is being called into question—is wrong.

Queens Counsel Wayne Munroe also asserts the need for separation of powers in the functioning of the different bodies. He said,

“If what they’re [Parliament] saying is we’re going to take a judgment look at all of the documents filed in the ruling, and related persons, in theory that could include a judge. A matter being sub judice can’t prevent parliament from acting.”

“The fact that you rush out to court doesn’t stop Parliament.

“Separation of powers means that Parliament has the power to deal with something that comes before it.

“I don’t understand the difficulty with Parliament doing what it is supposed to be doing, regulating its own procedures while the court deals with an issue before it.”

So, individuals objecting to Parliament’s Committee review should go back to the original House proceedings and listen to the call for the House of Assembly Committee on Privilege to review the matter.

So often Fred Smith, working as Save The Bays Director and attorney, rails against the establishment with a convoluted argument that people sometimes think is right simply because he speaks so vehemently about it.

If you accept the premise of his arguments, you can follow his position to a logical conclusion. However, lawyers should pay close attention to his premises and the foundation upon which he builds his cases against whoever happens to be in his crosshairs, and you will find very often that those premises are flawed.

Furthermore, Fred Smith is not the be all and end all on legal matters in the Commonwealth of The Bahamas.

Just like the case he brought against the Member of Parliament in the first place; he asserted that the Member of Parliament, in essence, ‘stole’ the emails. He also asserted that the Member of Parliament disclosed private information.

The Member of Parliament has publicly stated that he was sent the emails, and it has been shown that Fred Smith has no evidence that the Member of Parliament illegally obtained them in any way.

And, we all know too well that Save The Bays Inc. is a United States Treasury 501(c)(3) and is obligated to share its financial information with the public. So where is the disclosure of private information?

In this case before the Committee, Fred Smith is suggesting that the Parliament is acting based on the Judge’s final ruling, which would then bring into question Parliament’s wisdom in responding to a judge’s ruling.

However, Fred Smith is very aware that the call for parliamentary review came at the very beginning of the case brought against Members of Parliament. The entire matter is to be reviewed and it is not just focused on the judge’s ruling.

Fred Smith seems to rely on the Bahamian people not being smart enough to see through his constant use of smoke and mirrors to obfuscate the issues. Bahamians are smart enough to see right through you Fred Smith!

Also, I would suggest to the President of the Bar Association, ‘you were right the first time’. Separation of Powers should be respected by all parties.

Individuals really can’t allow Fred Smith to pressure them into taking his position on matters when the facts are not on his side.

Fred Smith’s premise is flawed. All lawyers should check it out before jumping on Fred Smith’s three-wheel bandwagon.

Fred Smith likes to suggest that we will be seen as a banana republic if we don’t do as he suggests. What makes us a banana republic is when we allow a pseudo Bahamian like Fred Smith effectively working on behalf of non-Bahamian hedge-fund billionaire like Louis Bacon to cause chaos and confusion and interfere with the democratic functioning of the Commonwealth of The Bahamas.

Fred Smith needs to behave more like a patriotic Bahamian and not manufacture flawed arguments that upend our democracy in an attempt to destroy our government on behalf of a non-Bahamian.

 

Written by Jones Bahamas

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