Categorized | National News

Separation of Powers Exists For A Reason

By P.J. Malone

Fred Smith, Save The Bays Director and attorney, is continuously seeking to set dangerous precedents in the Commonwealth of The Bahamas where lawyers and a judge determine what are acceptable parliamentary practices and rule of law.

What he seems to not get is that ‘separation of powers’ exists for a reason!

Let’s examine the issues. But first, let’s put aside some of the context for this fight.

Put aside for the moment that Fred Smith is conducting this fight on behalf of Save The Bays, an organization which they have said is mainly funded by non-Bahamian hedge-fund billionaire, Louis Bacon.

Put aside for the moment that Save The Bays is a political organization—which Fred Smith has admitted to—under the guise of an environmental group and they are the ones driving this entire constitutional crisis.

Put aside for the moment that Save The Bays has been running countless political ads against the PLP Government of The Bahamas.

Put aside for the moment that Save The Bays has been continuously attacking the Progressive Liberal Party Government and has constantly sought to interfere with their governing.

Put aside for the moment that the Government of The Commonwealth of The Bahamas has a right to defend themselves against constant political attacks by Save The Bays.

Put aside for the moment that the Government of The Commonwealth of The Bahamas has an obligation to protect the Bahamian people from Save The Bays’ attempts to hide behind a nonprofit environmental label while working to undermine the governing efforts of our duly elected Government.

Put aside for the moment that The Government of The Commonwealth of The Bahamas has a duty to fight back against any foreigner like hedge-fund billionaire Louis Bacon using, for his own private purposes, a self-admitted political action committee that is pretending to be a nonprofit environmental group.

Now that we have put those aside for the time being, let’s focus on the issues at hand.

There are two factors at issue with respect to the Judge’s ruling against the Member of Parliament with respect to his speech in the House of Assembly.

1. Was the communication in the House of Assembly protected by parliamentary privilege?

Either parliamentary privilege exists in our House of Assembly or it does not. You cannot say some things are protected by parliamentary privilege and other things are not.

The bottom line is whether or not the communication was protected by parliamentary privilege. If our House of Assembly operates under an established system of Parliamentary Privilege, then the communication was protected by parliamentary privilege.

If the communication was protected by parliamentary privilege, then the judiciary’s involvement is moot. You cannot then turn around and say that the House of Assembly is interfering with a case that is in essence moot.

The second factor:

2. What were the core charges of Save The Bays?

Save The Bays argued that,

• the Save The Bays’ emails were unlawfully accessed by the Member of Parliament.
• the Member of Parliament shared private information.

Both these premises are false:

First of all, the Member of Parliament said he did not unlawfully obtain the emails nor was it proven in court that he illegally obtained the emails.

Secondly, any money received or payments made by Save The Bays is required to be listed in Save The Bays’ United States tax returns as required by all 501(c)(3) organizations. So how can the financial information that was discussed in the House of Assembly be private?

How can you ban the disclosure of the publication of information in the Bahamas that is deemed public in The United States?

These Save The Bays’ premises formed an erroneous basis for the case Save The Bays brought before the courts once again making it a moot case—in addition to the parliamentary privilege protection:

What is really troubling are the implications of the entire matter to our governing process when you consider these important questions:

How can one individual, not duly elected, decide when our governing system is appropriate and when it is not?

How can one individual determine what is allowed and not allowed in our history of parliamentary privilege practices?

How can one individual decide that she is allowed to not respect the separation of powers and it not go unanswered?

Separation of Powers exists for a reason—to protect us against abusive actions like those of Fred Smith and Save The Bays fighting on behalf of non-Bahamian, hedge-fund billionaire Louis Bacon.

Written by Jones Bahamas

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