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Bethel: Law will prevail in cases of misfeasance

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Attorney General Carl Bethel.

By KHRISNA VIRGIL

Deputy Chief Reporter

kvirgil@tribunemedia.net

ATTORNEY General Carl Bethel resolutely assured Bahamians that where facts and evidence align with the laws of the country, they could confidently expect that his full authority will be used to guarantee the director of public prosecutions ensures that the law prevails.

This, he said in the Senate yesterday, will apply to those who once held positions of power and influence wherever they may be. If these persons are found to have engaged in misconduct or misfeasance, the attorney general said the law will run its course, adding if a person is found guilty of a crime, they will “do the time”.

On Monday, Mr Bethel said there is a “growing list” before the director of public prosecutions of allegations of misconduct, misfeasance and misappropriation concerning situations that occurred under the former Christie administration.

He further stressed that the Office of the Attorney General would not get involved in the “day-to-day political wrangling on these issues” and all allegations would be referred to the DPP to make a judgment on whether or not a crime has been committed.

His statement followed accusations levelled by Minister of State for Grand Bahama Kwasi Thompson who said several matters of “concern” regarding Urban Renewal in Grand Bahama have been passed on to the Office of the Attorney General for review.

Last week, Works Minister Desmond Bannister told parliamentarians that some members of the Christie administration are “guilty” of misfeasance.

“I have no axe to grind with anybody in the former government or any public official whether in elected office or not,” Mr Bethel told senators during his wrap up of the 2017-2018 budget debate in the Senate on Tuesday. “I have no axe to grind. I make no judgment, but I do what is lawfully required because if the law has been violated there must be justice and I assure the Bahamian people justice will come.

“So let me say when the facts are in and when the facts meet the law, then other things will happen.

“And it’s only when the facts and evidence are in then it will be appropriate for the attorney general to form a preliminary view and thereafter to pursue the course of justice, which might be indicated by the facts and evidence and this attorney general will do so without fear or favour.”

He continued: “Bahamians can rest assured that all those who might have enjoyed positions of power, influence, responsibility (and) wherever they may be if found likely to have committed a crime, then the law will take its course.

“If you committed a crime, you will, if found guilty do the time. If there be misconduct or misfeasance in office, which is found not rising to the level of a crime, but is sufficient to warrant a civil action for damages, then if the facts meet the law then the law will prevail.”

He further suggested that there were serious issues with lucrative contracts being issued and money paid out without approval of the Cabinet.

“We’ve seen ministers in that other place (the House of Assembly) produce evidence of contracts being entered into for millions of dollars without Cabinet approval. That’s unheard of. What it amounts to? I don’t know.

“I say about that that if that is so then it violates every norm or ordinance or ethic of governance that I have ever been exposed to.

“When I was in Cabinet for 15 years, any contract over $250,000 had to go to public tender at the Tenders Board and when it didn’t, it could be ratified by Cabinet. But no contract could be entered into lawfully without the sanction or ratification of Cabinet.

“I don’t know what the facts are. I have referred them to be ascertained. If they are ascertained I will hear the legal advice. If that is the legal advice and the law and the facts match up that is all that this attorney general will say, but in all things I will exercise a judicious temperament and judgment on whatever is presented because at the end of the day I have no axe to grind,” Senator Bethel said.

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