The Tribune

By DENISE MAYCOCK

Tribune Freeport Reporter

dmaycock@tribunemedia.net

THE trial of Canadian resident Bruno Rufa, who is accused of working illegally in The Bahamas and was subsequently deported, opened yesterday in the Freeport Magistrate‘s Court.

Attorney Fred Smith, QC, assisted by Carey Leonard, of Callenders & Co, is representing Mr Rufa, who is on $2,500 cash bail.

Mr Rufa, who owns a condominium at the Coral Beach Hotel, was arrested by immigration officials on January 30 for working at the pool bar without a work permit. He was charged on February 2 before Magistrate Debbye Ferguson with engaging in gainful occupation contrary to Section 29 (1) and (2) of the Immigration Act.

In February, following an adjourned court hearing, Mr Rufa was taken into custody and deported back to Canada by immigration officials. Mr Smith obtained a Supreme Court injunction, restraining his client’s deportation, allowing him to return to Freeport.

Taking the stand on Wednesday was prosecution witness Maxine Michalski, who was employed at the Coral Reef Bar and Grill for five years as a bartender/waitress.

Ms Michalski said that Jim and Joan Neill were the owners and operators of the bar and grill. In a statement entered as evidence, she said in December 2014, Mrs Neill informed the staff that the Coral Beach Hotel board members had given her one month’s notice in writing that the board would be taking over the establishment.

Under cross-examination by Mr Smith, Ms Michalski said that she was fired in February because she did not open a bank account to have her salary deposited on a weekly basis.

She said that on February 4 she went to the Department of Immigration to speak with immigration officer Racquel Lightbourne.

Ms Michalski told the court that of all the persons employed at the bar, she had been employed there the longest.

“You felt you were the manager of the bar after Joan Neill was not there?” asked Mr Smith. “No,” Ms Michalski replied.

Referring to the statement she gave at the Immigration Department on February 4, Mr Smith said Ms Michalski’s answer was inconsistent, and directed her to page three where Ms Michalski had said: “I asked her why she couldn’t just use one of my Christmas bonus accounts and she said no. I thought I was the manager and I wanted to tell her how to pay me.”

Ms Michalski said those were not her words and explained that she was repeating what was said to her.

“I put it to you and suggest that you said you thought you were the manager and you could tell her how you should be paid,” said Mr Smith. But Ms Michalski denied this.

Prosecutor Erica Kemp objected and said Mr Smith had failed to show that there was any inconsistency because Ms Michalski, under oath, had provided an explanation in the witness box as her evidence.

Mr Smith said that it is a question of interpretation, and requested that the document be submitted as evidence.

“Rufa is charged with being pool manager,” he explained. “She made a statement at the Immigration Department. It is pivotal to the case.”

Magistrate Ferguson allowed it to be admitted and exhibited as MM1.

In re-examination, the prosecutor asked Ms Michalski what was her involvement with Rufa in 2009. She said he was a customer. She said that he did not bring any supplies to the bar and grill and did not have any involvement in terms of her pay, or the operation of the bar and grill during that time.

She told the court that bar and grill was managed by Mrs Neill and her husband, Jim, who died in 2013. She said during 2013 and 2014, Mrs Neill managed the bar and grill.

“Were you the manager at the bar and grill?” asked Mrs Kemp.

“No, I never told anyone that,” Ms Michalski said.

The matter was adjourned to June 16 and 17.