The Tribune

ON TUESDAY, The Tribune reported that the Bahamian law firm representing Sarkis Izmirlian, the developer of Baha Mar, had expressed frustration over the Bahamas Bar Association’s rejection of its application to bring in a foreign Queen’s Counsel to join their legal team.

It is true that their application was rejected. However, Tim Prudhoe, a British barrister, is not a Queen’s Counsel. Rather, he is a highly experienced financial litigator, whose practice focuses on offshore jurisdictions and their interaction with financial centres around the world. Mr Prudhoe, a highly respected lawyer in his speciality, represents companies and big net worth individuals based in the US and the Caribbean in all aspects of financial matters.

The Tribune reported that Bahamas Bar Association president Elsworth Johnson told Mr Ferron Bethell of Harry B Sands, Lobosky and Co that the Association had rejected his application for Mr Prudhoe to join his firm’s legal team lfor this particular case because it “was not in the interest of justice”.

In view of the suspicion — and yes, anger with anything to do with our government and the Export-Import Bank of China, and its side-kick CCA Bahamas — the first reaction was: “In the interest of justice for whom— Bahamians or Chinese?”

For once, we can confirm that it was not in the interest of either. It was rather in the interest of a closed-shop fraternity that fiercely guards its gates to keep out all interlopers. The first thing that excluded Mr Prudhoe was that he is not a QC. It is true that we have many outstanding senior lawyers here, but it is a young Bar without the depth of experience required to cover the type of international disputes that could come our way. Our senior lawyers frequently consult with their counterparts abroad, especially in dealing with conflict of laws in international jurisdictions. So when it comes to knowledge, no country can close its doors to the outside world, unless, of course, it so caters to its inferiority complexes - or is it false pride? — that it will forever remain in the world’s backwater.

Also a litigant has the right to the best legal representation available, and if The Bahamas cannot provide it, then for the period required, he should be allowed to bring in an expert from outside to assist in his case.

According to the Bahamas’ Legal Profession Act, Chpt 64 Counsel and attorneys, s. 11 it says:

“Notwithstanding anything to the contrary in this Act, the Bar Council, upon being satisfied that the interests of justice so require, may determine that any person qualified in accordance with the First Schedule shall be specially admitted to practice for the purpose of conducting particular proceedings specified…”

Apparently, Mr Johnson is not “satisfied that the interests of justice” requires the presence of this expert. We are pleased that Mr Bethell has demanded an explanation. It is not as if the request is for Mr Prudhoe to be a permanent member of the Bahamas Bar. It’s a temporary measure for the duration of a special case. Surely other members of the Bar are not going to catch leprosy by his presence. However, they might acquire extra knowledge, which would do them some good in the future.

Earlier this year, the Financial Services Group, a committee of the Bar Association, wrote to the Council, suggesting that a survey be conducted of all members to discover their views on whether the sector should be opened to “free movement” of specialist lawyers.

“Financial services has long been the second pillar of the Bahamian economy and has provided many opportunities for Bahamian attorneys. However, we have been criticised for the dearth of attorneys who currently practice in the area,” the survey document added. This particular case apparently needs a financial expert, who should not be denied.

There are members of the Bar who have said that the “inability of foreign, specialist financial services attorneys to practice in this nation is costing the Bahamas business, as the legal profession lacks the base of expertise and necessary contacts to attract it.”

We agree. This country cannot continue to cripple itself because it refuses to open its mind and doors to the world of knowledge. It would also be the best antidote to encourage those content in their own mediocrity to wake up and move forward.

We shall watch this case with a great deal of interest.

How to make a corrupt state noble?

This would be quite a feat! There is an interesting back-and-forth debate currently moving on our e-mail between intellectual friends who are concerned about the future of this precious country should the Christie government continue for another five years.

Taking a quote from a 9th century ecumenical patriarch — St Photius I of Constantinople–

“Worthy is the prince it is said, who takes a small state and makes it big” –they have added “I, on the other hand, say that worthy is the prince who takes a corrupt state and makes it noble and distinguished”.

With an election only eight months away, the FNM in seemingly hopeless disarray with fringe groups trying to decide which way to jump and what to join, this small group among themselves are trying to find a worthy prince to take this corrupt state and make it “noble and whole again.”

“If PGC (Perry Christie) represents charisma, this has not served us well,” wrote one.

“Unfortunately, it seems charisma and political rallies - aka big Junkanoo beer parties - have more traction in our culture than values, vision, and national goals with long term benefits.

We need a quantum shift in terms of expectations. It all comes back to the issue of Education, and education and education.

“We need a better educated public to foster a better economic, social, political and ecological environment.”

To which another replies: “I agree the answer is education, but I also agree that we need a saviour now.”

A candidate, who has outlined a plan of what he would do if he were prime minister, has been suggested, but sidelined because it is claimed he lacks “the charisma that Bahamians expect from leaders”.

Maybe our readers would like to join the discussion with suggestions on how, or where, to find such a worthy prince?

And it doesn’t have to be any of the present contenders, but any outstanding person in this community who, in your opinion, would have the integrity and ability to take this corrupt state and make it noble and distinguished.

If you are interested, please send your letters to letters@tribunemedia.net.