The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

KEOD Smith failed to appear for yesterday’s contempt hearing before Justice Rhonda Bain, who he had accused of bias in the ongoing judicial review against a development project of a Lyford Cay billionaire.

Mr Smith, the former lawyer for controversial fashion designer Peter Nygard and a previous Progressive Liberal Party member of parliament, could not be located in order to be issued a summons in the wake of the judge finding him guilty of contempt last month.

Also unable to be located was lawyer Derek Ryan, whom Justice Bain said “cannot escape liability” for the “scandalising” affidavits filed by his client which undermined the integrity of the judge and the judicial system.

Yesterday’s proceedings began late and when asked for an explanation, Norwood Rolle, lawyer for Smith, informed the court that both had contacted newly appointed Queen’s Counsel, Elliot Lockhart, to deal with the contempt matter on their behalf. He said Mr Lockhart was running a few minutes late.

Justice Bain, however, inquired about Smith and Ryan’s absence.

“I can’t speak to either of their whereabouts,” Mr Rolle answered, adding that “perhaps Mr Lockhart can explain that”.

After a brief recess, Mr Lockhart addressed Justice Bain, informing her that he had been “consulted by Keod Smith and Derek Ryan in relation to your judgment”.

The new QC said he had requested the transcripts which had yet to be made available.

Justice Bain asked the lawyer about his clients, who she said could not be located, each having been issued a summons for the proceedings.

Mr Lockhart said he had met with Ryan in Fort Lauderdale, Florida, and had received a text message from Smith. He was of the view that Ryan was still out of the country spending time with his family. However, he believed that Smith was still on the island.

Both, he said, had instructed him to receive the summons on their behalf.

This information prompted Fred Smith, QC, to object on the basis that both had to be served personally with the documents for contempt proceedings.

Lauren Klein, Crown counsel for the government in the judicial review matter, agreed with Mr Smith.

Mr Lockhart said he was merely assisting the court, “not impeding it.”

He expressed his reservations about the proceedings and argued that the court had already arrived at a determination without first considering any evidence to refute the pair being guilty of contempt.

He suggested that a status hearing be set to allow for the summons to be served.

Justice Bain said she would adjourn the contempt proceedings to January 30 and told Mr Lockhart to inform his clients of the importance of their presence at the next hearing.

Last January, Keod Smith had filed a series of affidavits claiming that Justice Bain should recuse herself from a judicial review proceeding as she had made a series of decisions based on her affiliation with the Free National Movement (FNM).

Ten months later Smith attempted to withdraw the applications for the recusal of Justice Bain, notwithstanding a section of an affidavit filed in January, entitled “Justice Bain, who is she?”

Keod Smith argued the judge once worked under former Prime Minister Hubert Ingraham, that she was appointed to a high-ranking position in the Attorney General’s Office because of her ties to the FNM and that her two sons were fathered by a person he claims is a close friend and advisor of Mr Ingraham.

Keod Smith claimed that Justice Bain had made several rulings in favour of Fred Smith, who in the past had been affiliated with the FNM, and “can only be explained as coming about as a result of her bias”.

The proceedings concern a judicial review application filed by the Coalition to Protect Clifton Bay, which is challenging an application by Mr Nygard to further develop his imposing Mayan-themed development in Lyford Cay and gain a lease for Crown land reclaimed from the sea without official approval.

The coalition claims that over the last 30 years, Nygard Cay has nearly doubled in size as a result of construction works undertaken without the appropriate permits and in a manner that had caused significant damage to the surrounding environment of Clifton Bay.