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.
“Whenever An Attorney Seeks Legislative Changes”
By P.J. Malone
Why did Members of Parliament pass a bill that violates the Constitution of The Commonwealth of The Bahamas?
What were their motives? If you are going to pass a bill, the Criminal Evidence (Witness Anonymity bill), that is in direct conflict with our Constitution, there must be a reason for contravening our laws in such a way.
There are only two choices here: They have a strong political motive for committing this act or they are dim-witted. Now, which is it?
We would like to believe that the individuals we have elected to represent us in the House of Assembly are not dumb.Furthermore, they admitted to realizing that the bill goes against The Constitution of The Bahamas. So, it has to be a political motive.
Why else would they blatantly repudiate—in essence, that is what they did—The Constitution of the Commonwealth of The Bahamas that they are sworn to uphold?
Here’s the troubling part about the entire situation: An attorney introduced the bill. Did he forget something?
Let’s remind him of his ethical responsibilities from Rule XII of the Bahamas Bar Code of Professional Conduct Regulations:
Whenever the attorney seeks legislative or administrative changes, he should disclose whether he is pursuing his own interest, or that of a client or whether he is acting in the public interest. The attorney may advocate such changes on behalf of a client eventhough he does not agree with them, but when he purports to act in the public interest, he should espouse only those changes which he conscientiously believes to be in the public interest.
The attorney who introduced the bill stated that it might be in conflict with The Bahamas Constitution. How could that be in the “public’s interest”?
The bill that they passed suggests disrespect for some individuals and their rights.
There are dire implications from such willy-nilly changes that disregard The Constitution. Such actions can cause a breakdown in society as cited from these statements in the preamble of the New York Lawyer’s Code of Professional Responsibility:
The continued existence of a free and democratic society depends upon recognition of the concept that justice is based upon the rule of law grounded in respect for the dignity of the individual and the capacity of the individual through reason for enlightened self-government. Law so grounded makes justice possible, for only through such law does the dignity of the individual attain respect and protection. Without it, individual rights become subject to unrestrained power, respect for law is destroyed, and rational self-government is impossible.
Lawyers, as guardians of the law, play a vital role in the preservation of society.
Bahamians will not accept our politicians deciding whose rights are important to protect and whose rights are dispensable. We have not granted any individual in The Bahamas the authority to do so. How dare they even try!
The governing body of Commonwealth of The Bahamas needs to fix this problem that they have created.
