Jean Rony Jean-Charles outside court with family on Monday afternoon.
This story has been updated HERE
http://youtu.be/F1LMOmIESlQBy AVA TURNQUEST
Tribune Chief Reporter
aturnquest@tribunemedia.net
BAHAMAS-born Jean Rony Jean-Charles has been released from custody pending the full hearing of the government’s stay applicaton.
Legal counsel for the government agreed to a compromise on the release of Bahamas-born Jean-Charles with an undertaking that he will not be deported.
Loren Klein, QC, initially requested reporting requirements; however, Jean Rony's lawyer Fred Smith strongly objected the conditions of reporting requirements, stating his client is a free man who does not fear due process.
Justice Hilton said he did not see the need for reporting requirement given the circumstances.
The compromise arose after respondents attempted to file supplemental affidavits in support of their stay application, which Mr Jean Charles’ counsel had not been given a chance to review.
Mr Smith said: “If respondents wish to take an opportunity ask for an adjournment seek to introduce new papers I have no objection to that as long as there is no reporting requirement and Mr Jean-Charles is not deported.”
“This is not a bail application,” Mr Smith said. “The invisible leash is perverse. He is fighting to stay in his birth home, the absurdity of a reporting condition is highlighted by those facts.
“There is no law in the Bahamas which requires anybody to produce any form of status. (Reporting requirement) it is to create a prejudice that doesn’t exist in law and we object to it.”
Attorney General Carl Bethel, Minister of State for Legal Affairs Elsworth Johnson, and Deputy Director of Public Prosecutions Kayla Green-Smith sat in the gallery.
Loren Klein, QC, and Gary Francis represented the government, and Mr Jean Charles was represented by QCs Fred Smith and Damien Gomez, and junior partner Dawson Malone.
Ahead of proceedings, Mr Jean-Charles and his sister Clotilde shared a brief emotional moment as she reached out and caressed his face before taking her seat.
It is the first time the pair have seen each other since he was arrested in August last year.
See Tuesday’s Tribune for the full story.
Comments
DonAnthony 6 years, 2 months ago
Fred Smith is one hell of a lawyer and an even finer humanitarian. We are blessed to have him fighting for freedom in our bahamaland. There always needs to be a counterbalance to the awesome power of the state and it seems he is more than up to the task. Those who believe in democracy, and civil rights are indebted to him.
hrysippus 6 years, 2 months ago
Well said.
TalRussell 6 years, 2 months ago
Ma Comrades, if by chance you just happens bump into the learned "King's Counsel" Freddy, give the FIGHTER against INJUSTICE by the state - a big hug... you might want slip Freddy a couple bucks pass on to Jean Rony.... the Comrade has been put through gates hell by this heartless Imperial red state. Did he ever shut AG Carl Wilshire up today, and that ain't no easy accomplishment.
birdiestrachan 6 years, 2 months ago
If his sister had not seen him since he was arrested last August she did not want to see him. Fred has a game. No one excepts Don Anthony to know this. The out spoken QC does not care about the Bahamas or its people, he never has anything good to say about the Bahamas, It is my hope that Many Shanty towns will be built next door to his home. dogs or not.
birdiestrachan 6 years, 2 months ago
Bethel and Johnson they may be afraid of the out spoken QC.? Shame on both of them.
Regardless 6 years, 2 months ago
...Wow! What an attractive group shot.
SP 6 years, 2 months ago
A fine example of the people ruining our country that need to be eradicated!
Send all illegal Haitians from 1973 AND their anchor babies back to the shythole they came from and put an end to this nonsense once and for all.
jamaicaproud 6 years, 2 months ago
Freedom is a must
ThisIsOurs 6 years, 2 months ago
Good. Someone from the Family should reach out to him to ensure he is ok mentally after the horror of the past three months.
Then the government needs to fix the constitution to prevent this illegal migrant loophole
DEDDIE 6 years, 2 months ago
Although there may be some lawyers who are Fred Smith's equal, many of them are sold out either to the PLP or the FNM. No one can claim that Fred Smith shy away from taking on either party.
John 6 years, 2 months ago
First of all there is nothing so spectacular about this case except for Fred Smith's will to fight and determination to see his cases to the end without fear of the outcome or the consequences. Rony should never been deported, according to the laws of the Bahamas,and he should not have been detained on his return as he posed no flight risk and his only trip outside the Bahamas was at the expense of the Bahamian people. The only question now is will justice be allowed to take its natural course or will there be some curve balls thrown. As the people of the Bahamas await to see who of the 30 persons arrested more than week ago will be charged and the charges that will be brought against them. Cash, drugs and helicopters.stolen cars and guns
Cas0072 6 years, 2 months ago
What laws are those exactly? At best, there is a gray area as to whether or not he should be allowed to apply for citizenship when the law provides an explicit window for such applications. And that is provided that he can provide proof of being born in the Bahamas. The only law that clearly applies to him is that the minister can grant him citizenship at his discretion.
licks2 6 years, 2 months ago
There is no gray area in the time frame given by the constitution. . .WHY DO YOU THINK THAT MR. SMITH "JUMPED THE GUN" and brought in Mr. Charles before the government had its chance before the court. . .or why do you think that the same judge who ruled in the case granted a stay. . .allowed the Immigration to detain Mr. Charles without demanding a release from the DC as Smith demanded and had to be brought to court? I and everybody who have a "open view" or some reading skill knew that Mr. Charles release would happened while his case goes to court for review of stay! Mr. Smith knows that his case is dead in the water constitutionally and if he "push" through the courts Mr. Charles will be deported on constitutional ground. . .and the PC will uphold that deportation! Mr. Smith is "trying his case in public" because he knows in law he has no case!!
John 6 years, 2 months ago
hopefully The Tribune has taken an up-to-date photo of Rony an will stop printing the sinister looking one they have virtually worn out since this matter arose.
rawbahamian 6 years, 2 months ago
Leave it to Fred Smith, then we will all have to learn Creole in order to answer to our "naturalized" Haitian employers within the next ten years and Mr. Smith will be ... I believe that Fred Smith is being funded/bankrolled by our massive Haitian population who in turn would make us fight for our birth rights when they wrestle control of our "Foreign Bahamian Government" to put a Haitian Prime Minister in place. If this precedent follows through then the backlash will go on for a very long time to our detriment.
DEDDIE 6 years, 2 months ago
You have to give us more credit than that. Are you insinuating that we don't have the aptitude to be the employers and that we are destine to be employees. I hope you are been sarcastic.
licks2 6 years, 2 months ago
Out birth right is protected by our constitution. . .the world court. . .all 25 UN accords the Bahamas is signatory to. . .and international law. . .iron clad! Mr. Smith is a poor lawyer. . .he got his client trow in the pen again and a judge had to asked the government to compromise and allow him to stay out until his case is heard. . .THERE WAS NO COURT ORDER. . .THE GOVERNMENT ALLOWED A COMPROMISE. . .Mr Smith raised hell when they were going to "slap" reporting requirements on him. . .the judge said that "the circumstances" did not necessarily required a reporting regiment. . .the government conceded. . .they were not received a court order! The delima 'created" by Mr Smith was jumping the gun a bringing the man here before the court got done. . .THAT WHERE THE GOVERNMENT HAD ITS POWER OF ARREST FROM AS WELL AS THE JUDGE GRANTED THE STAY OF EXECUTION. Therefore, Mr. Charles "HAD TO" go to court to be released. Mr. Smith is making one big mess of this case. . .he is now in contempt of court. . .he knows that and they know that. . .the government and the court are "treading carefully" around this "wild and woolly" lose cannon lawyer. . .
BahamaPundit 6 years, 2 months ago
WTF is going on in this country? It is clear that Haitians are abusing the law to chain immigrate into the Bahamas with anchor babies. So, what do you do when one group of people is abusing the law to the destruction of your country? You change the law. Duhhhhh.
licks2 6 years, 2 months ago
Why? If this present law is so "gray area". . .then tell me why "HYPED UP" LAWYER LIKE SMITH FILE A WRITE IN THE SUPREME COURT FOR A JUDICIAL RULING ON THAT FACT? The stated time frame "KILLS" any argument any lawyer can bring to our courts, the appeal court Amnesty International, World Court, UNHRC or any court on this planet! UN CHARTER 1954 in Geneva guarantees all member states that absolute right as members! All 25 UN accords allowed member states "RIGHT" to reservations, derogation or abstentions based on their national constitutions. . .which are absolutely off limit to other member countries interference! That's why this judge is in hot water now. . .he breached that international protocol. This membership right is most powerful in the UN. For example, the USA declined to become signatory to the Child protection accord. . .a security council member constitution did not allowed it to sign that most binding accord for children around the world. . but the USA leads all other nations in implementing the accords intents. . .they just can't constitutionally sign ti!
SP 6 years, 2 months ago
Referendum!!! Nuff said!
DEDDIE 6 years, 2 months ago
Even if a referendum was successful today it effects will not be retro-active. All foreign babies born today still will have the right to apply for citizenship upon turning eighteen because that would have been the law they were born under. By then I will be more concern but my citizenship in another kingdom.
licks2 6 years, 2 months ago
You are not being too smart in this case. . .that article is "entrenched" in our constitution. . meaning "only" the people can change it by referendum. . .FEE SIMPLE. IF THE PEOPLE WANT RETROACTIVE ENFORCEMENT. . .THEY WILL GET IT. . .OR NOBODY. . .I MEAN NOBODY. . .INCLUDING MR. SMITH WILL GET THAT ARTICLE AMENDED! THIS CASE IS TRULY THE PEOPLE'S TIME. WHAT DO YOU THINK THE BAHAMIAN PEOPLE WILL DO IF THIS GOES TO REFERENDUM. . .THE WAY THEY FELL ABOUT MR. CHARLES, HIS LAWYER, THE JUDGE AND A FEW OTHERS? A BIG FAT NO!! REMEMBER THE GENDER EQUALITY REFERENDUM? The government had a "true loop hole" to scoot around that gender question. . .it already had an out existing within the constitution itself. . .THIS CASE HAS NONE. . .PERIOD! MR. SMITH CREATED A THEM AND US SITUATION. . .WITH THE PEOPLE HAVING THE GREATEST POWER TO CHANGE OR GRANT HIS DESIRES. . .THE BAHAMIAN PEOPLE "EAT" IN AN ELECTIVE KIND OF DECISION MAKING ANY PERSON OF GROUP THAT MAKE THEM MAD. . .THE LAST MAY ELECTION, THE GENDER REFERENDUM. . .MR CHARLES WILL GET NOTHING FROM THESE PEOPLE! THANKS TO HIS COMBATIVE LAWYER!
DEDDIE 6 years, 2 months ago
Ex post facto laws are always frown upon and are usually struck down by higher courts. I could assure that the Privy council have struck down several of them. The general rule is that Ex Post Facto laws can be made re-retroactive if it will result in an accrue of benefit to the individuals affected. If a group of individuals will be disenfranchise then it is usually struck down on the basis of fairness. In the Dominican Republic they were successful at passing a Ex Post Facto law due to the fact that their highest court of appeal is government controlled and thus no autonomy.
licks2 6 years, 2 months ago
This is different. . .any amendment will automatically become an entrenchment as well. . .again requiring a further referendum to change. . . will the high court say the constitution is not constitutional? High courts interpret the constitutions not make them. . .what is there is there as defacto law. Remember that same DR law is enforced today. . .the UN is currently "begging" the DR to amend that law. . .however, it remains until today. . .Spanish persons of Haitian decent are being deported en-masses from that nation!
TheMadHatter 6 years, 2 months ago
DEDDIE...We are not "insinuating". We are stating clearly. Bahamians will be the underdogs. Go for a trip to Haiti today and you will see a picture of the Bahamas just a short 15 years from today.
Parliament already is 1/39th taken over, and the growth will be exponential after today's event.
BahamaPundit 6 years, 2 months ago
Are we insane!!!! The public schools are 90% Haitian. Most of our tax dollars are going to fund Haitian medical services in our public hospitals. We have ONE group of people, Haitian, that is abusing the constitutional system of citizenship in The Bahamas; they are defrauding the system, they have hijacked the system!!!! If your ship is sinking, you plug the hole. Change the laws to ensure that this deviltry does not continue to occur. Our laws are currently benefiting illegal actors that illegally chain immigrate and birth anchor babies, to the detriment of legal migrants and Bahamian citizens. Change the immigration laws to prevent this from happening or get the F&6K out of my face next election!!!!
licks2 6 years, 2 months ago
THE DATA SHOWS THAT THERE IS ABOUT LESS THAN 1.2% OF OUR SCHOOL CHILDREN MARKED "HAITIAN" ON THE NATIONALITY SURVEYS WHICH ARE DONE YEARLY BY MOE!
Aegeaon 6 years, 2 months ago
(Sigh). This is getting far too old. You Bahamians should be more focused on the war against crime, not against a set of people that have no intentions on destroying the Bahamas. At least you're not dying to those people, but you're being killed off by the Shadow of the Medellin Cartel.
DEDDIE 6 years, 2 months ago
I think the concerns express are hyperbolic. Even if the judge rules in Jean Rony favor it changes nothing. The government already has a policy that has been dealing with this situation for over two decades. What do you suppose was happening when a person beyond the age limit applies for citizenship. It is simply granted. Don't allow your emotions to tell your logic, the sky is falling.
licks2 6 years, 2 months ago
THEN WHY ARE THEY DEPORTING MR. CHARLES IF THE UNWRITTEN" POLICY WAS TO JUST SIGN THE APPLICATIONS? ARE YOU INSINUATING THAT THEY "HAVE A VIBE" WITH MR. CHARLES THAT HE WAS NOT ALLOWED TO "JUST" APPLY SINCE HE WAS HERE TO AGE 35?
John 6 years, 2 months ago
If ‘A’ is false, then ‘B’ is also most likely false. Meaning that if Rony documents are false and counterfeit then his... may .. never mind
DillyTree 6 years, 2 months ago
To all the Bahamians howling about the immigration problems -- who among you is willing to take responsibility for them????? This is a problem of our own making. Just thank Papa Pindling who told the Bahamian people that they would no longer have to do manual labour, to toil in the fields or get their hands dirty. So the Haitians were only too happy to take the jobs these new status Bahamians thought beneath them. So what are you howling about? This is OUR problem, Bahamians!
Jean Rony is home where he belongs. Give him his paperwork and let's hope he doesn't sue the government for his mistreatment by the thugs in immigration.
Cas0072 6 years, 2 months ago
Are you serious? With the average property size being a mere 100 by something, and with many more Bahamians not even owning homes, it is time for you illegal immigrant deflectors to stop pointing fingers at people who are simply trying to make it in their own country. It is not the average Bahamian that keeps illegal immigrants employed and the shanty towns running. As always it is the haves who employ them and it is the haves who are protected. It isn't even about the Haitians. Of course Haitians can happily work for $2 an hour when they pay little to nothing in rent and steal utilities. Far be it for any Bahamian to want to make a liveable wage. I guess that is what you call having status.
DonAnthony 6 years, 2 months ago
“It is not the average Bahamian that keeps illegal immigrants employed“, this is a patently false statement. The average Bahamian benefits from cheap Haitian Labour and either directly or indirectly employs them as well. Any one in the construction Industry in The Bahamas will tell you the sector would collapse without Haitian Labour. It is their cheaper Labour that subsidizes the construction of Bahamian homes. Without this the cost of the average home would be thousands to tens of thousands more expensive. Even if they rent they benefit as rent would be higher but for the lower Labour costs associated with construction. Same for the landscaping business, does the average Bahamian clean their own yards, if not they are benefiting from lower Labour costs due to cheaper Haitian Labour. This is true for many other sectors of the Bahamian economy as well, Haitian are here for a reason they are employed by Bahamians, some average some rich, but the benefit apples to both.
Cas0072 6 years, 2 months ago
You are also deflecting talking about benefits and indirect employment. Same old talking points and no supporting statistics. Have you done a comparison of the benefits indirect or otherwise of overcrowded schools and overextended resources? How about the cost to the economy when the money they earn is spent in illegal establishments that don't possibly pay VAT and the rest is sent out of the country? I still maintain that the average Bahamian does not benefit from illegal migration. Would the construction industry truly collapse or would they make less profits? If the cost of living were lower maybe Bahamians would be able to work these jobs or I guess they could choose to live like the illegal Haitians, which is the only other option. But chiding Bahamians for not accepting unlivable wages is ridiculous and having Haitians that are readily available to work for peanuts drives down that rate as well.
On the flipside, if Haitians were forced to pay market rent and utilities, many of them would run for the hills because that is defeating the purpose of their being in The Bahmas.
DonAnthony 6 years, 2 months ago
I simply took issue with the statement you made which I quoted. It was a false statement, nothing you said in your reply refuted this. To believe that the average Bahamian does not benefit from cheap Haitian Labour is divorced from reality and to be ignorant of basic economic theory.
Now the other point you are making that they are a financial burden on Bahamians I do not dispute, as I agree clearly that is the case. Now the question is what is the net benefit and I would say the jury is out on that and a through economic analysis is necessary. You seem to have already made up your mind, what data is that based on? On the face of it my guess is that they are a net economic benefit to The Bahamas. I have a degree in economics from a top 20 American university, have worked at the Central Bank and was trained in economic analysis and have managed a very successful business, I could be wrong. What qualifications do you have?Would love to see a comprehensive study done by the central bank. Haitians do pay taxes, especially with the implementation of Vat which is a rather difficult tax to avoid.
bottom line :The reality of cheap Haitian Labour is a massive subsidy for every Bahamian, it comes with negatives, no one absent of a comprehensive economic analysis knows the net benefit.
My2centz 6 years, 2 months ago
Beyond the employers who enjoy the benefits of cheap labor...how are they are saving poor Bahamians money? Are you making the assumption that savings are passed down to the consumer and not spent in Miami?
Can you say how many Haitian children are in the public schools? How many have given birth and utilized health services annually? How many have avoided paying property taxes because they are renting from a slumlord or squatting? Annual repatriation costs? How much of VAT is avoided in favor of their unlicensed local shanty town stores and businesses? How much money is sent out of the country annually?
The strain illegals place on the limited resources of the country is seen and felt much more than any benefit they provide. So, on the face of it, despite your degree, you cannot say illegals are benefitting the country.
Cas0072 6 years, 2 months ago
To assert such a claim as the construction industry would collapse and the other hidden benefits of illegal immigrant labor, without supporting evidence, is made even worse considering your alleged qualifications. I responded specifically to Dilly Tree's statement that the employment of Haitians was fueled by lazy Bahamians who feel they are too good to perform manual labor and hence, hire Haitians, keeping them employed. That is ridiculous rhetoric that is levied against the native population of any country by illegal immigrant enablers. On it's face, it is apparent to me that it is a parasitic relationship. Apparently you have no evidence to the contrary.
DonAnthony 6 years, 2 months ago
There you go off on another tangent again. Try to focus. You made a false statement. Try not to make false statements, educate yourself. Ask any contractor, if you ever worked on a large project in this country you would understand. Haitians are invaluable and do the jobs few if any Bahamians would. We all benefit from this cheap Labour. This is the reality, no diversion or deflection changes that reality.
Cas0072 6 years, 2 months ago
Nope, I simply responded to your tangents. I disagreed with the position that the average Bahamian is at fault for sustaining illegal immigration through employment. Enter you, illustrating my point of who benefits from employing illegals, but also insisting that the people that are most impacted benefit too. Without facts and figures, your ‘net benefit’ theory is just that.
Aegeaon 6 years, 2 months ago
Don, you're facing an earlier generation of Bahamians that sold themselves into the hands of the Mexican Cartels in the 80's. They're the ones who caused all the crime to rise to the top and think that Americans or other wealthy foreigners. They're the most vocal and powerful of them all.
If you look at this place, the Bahamas before we got majority and independence rule was only getting rich off of illegal and or terrorist-level activity. First it was the pirates back in the mid 1600s to early 1700s, then the Confederate racists during the American Civil War, then the mafia rum-running in the 1920s. Just when we were able to work honestly. Lynden doomed us all when he accepted about 5 million dollars from drug cartels, and I can surely bet that this made the standard of crime here today. Sell drugs or kill people, get away with it freely. Live as an honest citizen, screwed over hard.
Although this isn't on topic. Immigration isn't a grave threat compared to crime. Both ethnic groups are the victims of neglectful administrations that refused to fight the gangs, and now we're suffering today.
My2centz 6 years, 2 months ago
What can the poor Bahamian do when the government continues to cloak illegals and promote birthright citizenship even though it doesn't exist? Constantly coddling, defending and portraying Haitian nationals as victims even when they are not and clearly in breach of the law is what makes them feel above it. It's no wonder, like spoiled children, they're not afraid to bite the hand that feeds them. Today they demand their illegal residences be rebuilt, tomorrow it's a stipend for Haiti.
John 6 years, 2 months ago
@dillytree where did you get your information? You must be related to Donald Trump. #factcheck
DillyTree 6 years, 2 months ago
John, just read some of Pindling;s early speeches and you'll see where he tells the Bahamian people they will no longer have to work and toil in hard labour, as he has set them free. No more working in the fields or building the nation on the backs of the poor black Bahamians. With that mindset, how long do you think it took before Haitians were only too happy to take jobs that Bahamians were now too good for, and refused to do? Look at the average farm worker, construction worker, landscape worker and tell me how many Bahamians are working? Like I said, we created this mess with our own idealistic mindset and so have to take some responsibility for it. Instead, we howl like we know nothing about nothing. Stupidity and looking the other way is something we're very good at!
joeblow 6 years, 2 months ago
This should be a simple matter to address. Where are the defenders of the Bahamian Constitution and those sworn to uphold the rule of law?
licks2 6 years, 2 months ago
That's what this mess has boiled down to. . .Mr. Charles did not created this mess he found himself in. . .his lawyer and the activist judge did. . .SO NOW THE ONLY MATTER NOW IS WHAT SAYS THE CONSTITUTION. . .NOT MR CHARLES' PLACE OF BIRTH. . .THE NONBREAKABLE CONSTITUTION!!
screwedbahamian 6 years, 2 months ago
The only country in the world where Illegal foreigners tell authentic resident citizens how we are to run our country and who is entitled to Citizenship in our Bahama land. This is the time to say enough is enough and eradicate any and all grey matter to our Immigration Laws and Bahamian Citizenship otherwise our country will be owned by many other countries. RISE UP BAHAMIANS. "NOW'.
stillwaters 6 years, 2 months ago
Why are we Bahamians allowing these people to bully us into granting citizenship?
licks2 6 years, 2 months ago
WE DON'T NEED TO FIGHT WITH ANYONE. . .OUR CONSTITUTION HAS ALREADY SPOKEN. . .DOC MINNIS WILL DO NO OTHER. . .LAWYER SMITH MADE THIS CASE A "MATTER OF NATIONAL SECURITY". . .BUT REST ASSURED. . .THE PEOPLE HAVE THE LAST SAY IN THIS. . .WE WILL GIVEN CITIZENSHIP TO WHO WE CHOOSE TO GIVE IT. . .THAT CONSTITUTIONAL ENTRENCHMENT GUARANTEES THAT! NO JUDGE CAN CHANGE THAT!
sheeprunner12 6 years, 2 months ago
Dunno .......... this is a national conspiracy by the Rights people dem.
licks2 6 years, 2 months ago
To attempt to over throw the constitution of any nation IS AN ACT OF WAR!!! REVOLUTIONS ARE FOUGHT ON THESE MATTERS. . .
The_Oracle 6 years, 2 months ago
Immigration and status has been a political football/weapon since "Belongers" entitled to citizenship were told they were "entitled to apply" (Roker) That first transgression paved the way for the xenophobia of today. I remember the "purges" of foreign teachers, engineers, professionals, some of whom had 20-30 years "invested" in the Bahamas. Fight on Fred, restore the rule of law, reclaim justice from these self appointed post colonial masters.
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