The Tribune

“THE use of an untested affidavit to make allegations that smear my character is irresponsible,” declared Deputy Prime Minister Philip Davis in a statement on March 11 condemning The Tribune for printing documents filed on March 9 in a court case brought against Canadian fashion designer Peter Nygard and his lawyer Keod Smith in which Mr Davis’ name was mentioned as having known two “hit men”, allegedly hired by Mr Nygard.

“It is astounding that a newspaper of record would stoop to such nonsense. This is indeed a new low even for The Tribune. I condemn it,” Mr Davis declared at the time.

The documents to which Mr Davis objected were filed in the Supreme Court by Save the Bays on March 9. They claim to show that Mr Nygard masterminded a two-and-a-half year campaign of harassment, intimidation and violence in the Bahamas, including entering into a conspiracy to murder prominent local attorneys Fred Smith and Pericles Maillis, American investor and philanthropist Louis Bacon and Tribune Business Editor Neil Hartnell.

In the affidavit, it was claimed that the two hit men were known to Mr Davis.

“The only conclusion for printing the affidavit was to create political mischief,” Mr Davis told The Tribune. “This kind of political gamesmanship is unbecoming. It is clear from the morning daily story that I have no connection to this matter, so it is clear that the only intention is to smear.

“I express my deepest disapproval of this level of uncivil, indecent, uncultured act by The Tribune crafted in their haste to spew lies. This is indeed shameful!”

In an editorial published on March 14, The Tribune made no apologies. It was an alarming case. The 400-page affidavit contained serious accusations involving allegations that Mr Nygard had employed hit men, “Toggie” Bullard and Wisler “Bobo” Davilma, to stage several hate rallies and commit such criminal acts as arson, harassment, and even murder.

This was a public record filed in the Bahamas Supreme Court. Bahamians had a right to know, and without a Freedom of Information Act, The Tribune had a duty to tell them. The Tribune made no claim to the truth of what was filed in the court documents. That is for the court to determine. And because we put no stamp of approval on any document as to its veracity, The Tribune published all the documents, videos and tape recordings filed. What was not published in The Tribune, was put on The Tribune’s web site – tribune242 – where it still resides for any member of the public who wants to be informed to read and listen for themselves. They can then make up their own minds about what is going on in their country and follow the case when it eventually goes to trial.

This case has such serious implications — it is a case in which secret videos show an undesirable familiarity with several government ministers.

Filed and bearing a Supreme Court stamp, the publishing of this material is covered by privilege, which means that there are no legal repercussions as long as there is no deviation from the published facts and all trial and interpretation is left to the courts.

That is why The Tribune has restricted any comment from the public through letters to the editor and on the web site because the matter is sub judice and as such cannot be further discussed in any public forum outside of the court.

However, at 8.27 last night, Elcott Coleby of Bahamas Information Services sent a Press release, prepared by a Mick Sitrick of New York stating that “Peter Nygard’s attorneys have provided new evidence to authorities in the Bahamas that, together with evidence presented in the March 9 lawsuit filed in The Bahamas could demonstrate that Louis Bacon, Bahamas Senator and FNM Chairman Michael Pintard and witnesses supporting the lawsuit involved in the scheme to implicate Mr Nygard, have committed crimes.”

Attached were lengthy affidavits sworn by Wisler (“Bobo”) Davilma, and Livingstone (“Toggie”) Bullard, Jr, the two hit men named in the documents now on file in the Supreme Court. The statements of these two can be heard in video conversations posted on tribune242. They are already on file in the case now before the Supreme Court.

Unlike the documents already on file, we have discovered that the information and documents sent by Mr Coleby from Mr Nygard’s representatives have not been filed in court.

This means that The Tribune will not be protected by court privilege, and, therefore, cannot publish them.

We urge Mr Nygard’s representatives, if in fact they are serious about the accusations contained in their documents, to rush to get them on the Supreme Court’s file with the official Supreme Court stamp on them as evidence that they have been legally filed. The Tribune will then have a duty to publish them, as it did for Save the Bays.

However, The Tribune respects the authority of the court, and will do nothing with these documents until the Nygard side regularises its legal position to make it possible for us to publish.

Until then, The Tribune’s presses and website will remain silent.