The Tribune

QUESTIONED by the FNM about what part he might or might not have played in influencing the decision of Mayaguana’s administrator, acting in his capacity as island magistrate in the case of one of MICAL MP Alfred Grey’s constituents, Mr Gray virtually told FNM chairman Michael Pintard to “go take a hike!”

“The FNM needs to worry about how they are going to make some impact in the government of this country and try to find leadership.

“That’s what they need, leadership. Until they get that they are not worthy of comment.”

Who does this arrogant little man think that he is to tell anyone — particularly a Bahamian — that he is not worthy of comment? Or that when questions concerning the administration of government are asked they should not be answered?

Government ministers like V Alfred Grey seem to forget their position as servants of the people, and it is the people of this country, whether they like it or not, to whom they owe many explanations. They have denied Bahamians a Freedom of Information Act, claiming that they need more time to amend what has already been drafted by the previous government. Unfortunately, the important business for which they seem not to have time, is piling up and being excused out of existence.

Despite the fact that there is no Freedom of Information Act (FIA)— and it would seem under this administration that there never will be one — does not mean that the citizens of this country cannot ask questions. Nor can the government hide behind the lack of an FIA as an excuse for not answering those questions.

We are not here to judge whether Mr Gray’s advice to the island administrator influenced the administrator’s decision to suspend a jail sentence until the appeal of the accused had been heard. The fact remains that the person, who was found guilty of a minor offence, was on his way to spend three months in HM Prison, Fox Hill, now euphemistically called the Department of Correctional Services. Apparently it was pointed out to the administrator/magistrate that as the accused had appealed the conviction, it was in the magistrate’s power to suspend the jail time until after the appeal was heard.

Mr Gray, a lawyer, denies interfering with the course of justice. Mr Gray does not remember who made the first call, whether he called the magistrate or the magistrate called him to ask for advice. However, he admits to advising the magistrate on his powers. Needless to say, the accused did not take that flight to Nassau.

Opposition Leader Dr Hubert Minnis called for Mr Gray’s immediate resignation, alleging that this act “signals that any Cabinet minister and member of the executive branch of government has the power to instruct a member of the judiciary to take or not to take a course of action.

“The independence of our judiciary is one of the cornerstones of our democracy and should always be protected. As a senior member of the Bahamas Bar, Minister Gray also knows that it is not only important that justice be done, it must also be seen to be done,” said Dr Minnis. Dr Minnis argued that in his opinion Mr Gray had “crossed the line.”

We recall the time when Wilton Hercules was chief magistrate in Nassau. He was a tough magistrate, who took no nonsense, not even from the interfering politicians.

After his retirement, he spent some time in the Caymans. At the time the late Sir Etienne Dupuch had also moved to the Caymans and he and the retired magistrate would walk the Five Mile beach every morning.

From the stories that the retired magistrate told Sir Etienne of the political interference that made him bitter about his time on the bench in Nassau, we recommend that this matter not only be investigated, but a line be drawn in the sand to make certain that the executive branch of government keeps a more respectable distance from the judiciary.

After all, if justice in this country is to be respected it — like Caesar’s wife— “must be above suspicion.” Or to put it another way – “a true judge must not only be impartial he must look impartial.”

As it now stands there are doubts about what took place in that telephone conversation between Mayaguana’s administrator and the minister responsible for local government.

Opposition leaders have asked questions. They are entitled to answers — without the arrogant insults.