The Tribune

By DENISE MAYCOCK

Tribune Freeport Reporter

dmaycock@tribunemedia.net

CANADIAN resident Bruno Rufa was back in Freeport’s Magistrate’s Court yesterday for the continuation of his criminal trial concerning allegations that he was gainfully employed in The Bahamas without a work permit.

Fred Smith, QC, and senior associate Carey Leonard, of Callenders and Co, are representing Mr Rufa, who is on $2,500 bail.

Officials at the Immigration Department arrested Mr Rufa on January 30 at the Coral Beach Condominiums, where it is alleged that he was working at the pool bar without a work permit. On February 2, Mr Rufa was charged before Magistrate Debbye Ferguson with engaging in gainful occupation contrary to Section 29 (1) an (2) of the Immigration Act.

Mr Rufa owns a unit at Coral Beach and has resided in The Bahamas for the past 20 years.

Prosecutor Erica Kemp, of the Attorney General’s Office, called immigration officer Ricardo Sands as a witness. Mr Sands, a senior immigration officer of 29 years, told the court that there are files and a record on Mr Rufa concerning his dealings with the Immigration Department.

However, Mr Smith argued that “the files and record” on which he has based his knowledge of the facts of the evidence given in court in relation to Mr Rufa was not made available to the defence.

“Mr Sands has repeatedly based his knowledge of the facts he is giving evidence in relation to Mr Rufa on his review of the record and files kept by (the Department of) Immigration; he says there is a file at our office and it contains a record of his (Rufa) dealings with Immigration Department,” Mr Smith said.

Referring to Article 20, subparagraph two of the Constitution, Mr Smith said that every person charged with a criminal offence shall be given adequate time and facilities for preparation of his defence. He also noted that the Constitution states that every person shall be afforded a fair hearing within a reasonable period of time.

Mr Smith then made applications for Mr Rufa’s entire file and record referred to by Mr Sands in his evidence in the court to be provided to the Canadian’s legal team.

“Part of the defence of Mr Rufa will be to refer the court to what is contained in it,” he said. Mr Smith said that, since 2009, there have been complaints and “unfounded and malicious” allegations of Mr Rufa working without a permit.

Mr Smith said that Mr Rufa has been president of the Coral Beach Condominium and a member of the board of directors for many years.

“We will show that there is evidence contained in the record that immigration has been aware through exchange with the Attorney General’s Office and ourselves on behalf of Mr Rufa that he has been president and a member of the board of directors; that he has not been gainfully employed … when he was arrested on January 30; and that they knew he was not doing anything other than what he was doing for 20 years, to collect money from his staff and hold it until it is deposited the next day,” Mr Smith said.

Mr Smith stressed that there is an obligation on the prosecution to make disclosure of all relevant documents.

The QC said that Mr Rufa’s attorneys have made several requests for documents, both orally and in writing. “We have been provided some documents … now (this morning) we find the prosecution is relying on verbal evidence of Mr Sands, who has looked on records and files. Those records and file are relevant,” he said.

“Mr Rufa’s entire future in The Bahamas is at stake. He has retired and chose to live in The Bahamas,” Mr Smith said.

The trial was adjourned to December 14.

Earlier this year, immigration officers deported Mr Rufa from the country, informing the court that the director of immigration had decided that Mr Rufa was an undesirable and was to be deported as soon as possible.

Mr Rufa has brought judicial review proceedings in the Supreme Court against the minister of immigration, director of immigration and the Office of the Attorney General concerning the decision.

Judgment in that matter has been set for October 30.