The Tribune

Over the course of 72 hours, attorney Fred Smith attempted to negotiate with the Government over Jean Rony’s return to The Bahamas. In addition to numerous telephone calls with the government officials involved, the trail of emails between the two sides show how fast the situation developed - and how for Jean Rony how his dream of returning safely to the country of his birth ended in him again being detained.

On 2 Feb 2018, at 11:28 AM, Fred Smith wrote:

Gentlemen,

Not having received an answer from you to my email below, in particular in relation to my Offer Of Compromise While Reserving All Rights at paragraph 3 below, and given the obligation upon JC to mitigate his damages as best he can, I confirm that JC will proceed to use the ETD under protest as set out below and reserving all of JC’s rights.

Regards.

From: CARL WILSHIRE BETHEL

Sent: Friday, February 02, 2018 11:32 AM

Dear Mr. Smith,

There can be no change to the ETD in the circumstances, and it agreed that all parties may reserve their respective positions.

Regards

AG

From: Fred Smith Sent: Friday, February 02, 2018 11:33 AM

To: ‘CARL WILSHIRE BETHEL’

Dear Mr. Attorney,

Thanku kindly for your confirmation.

Regards.

From: Fred Smith Sent: Saturday, February 03, 2018 12:59 PM

To: ‘CARL WILSHIRE BETHEL’

Cc: ‘BRENT SYMONETTE’

Dear Minister Symonette and Mr Russell,

I write further to Minister Simonetta’s request to me in his email dated January 31, 2018 below;

“When you know the travel plans please advise me so that I can advise the Officer in Charge at LPIA”

To notify you that Jean Rony Jean Charles is flying back into The Bahamas on a Flamingo Air flight as per his ticket attached for ease of reference.

Can u please therefore advise the Officer in charge at the LPIA to expect HC’s arrival and see him through without any issue.

His flight is due to land at LPIA at 2;30 pm this afternoon.

His family is very much concerned to avoid fanfare at the airport upon his arrival, and so I have arranged to simply have a person from my office receive him when he comes through Immigration and Customs.

I would appreciate it if the government does not alert the press or anyone else to JC’s arrival at the airport.

I was unable to advise you earlier as it was challenging to even get JC from the hills of Port de Paix and into Cap Haitian to catch this flight.

Luckily he was able to make it.

Regards.

From: CARL WILSHIRE BETHEL

Sent: Saturday, February 03, 2018 1:58 PM

To: Fred Smith

Dear Mr. Smith, Minister Symonette

Pursuant to the email fro Mr. Smith advising of the imminent arrival of his client Mr. Rony; and on application to justice Hilton on the basis of grave urgency, his Lordship has granted an emergency Stay of his Orders made on the 30 the January 2018 pending the determination of the hearing of the full application of a Stay on Monday the 5th February 2018.

The Department of Immigration is to be so guided.

Regards

AG

From: Fred Smith Sent: Saturday, February 03, 2018 2:43 PM

To: ‘CARL WILSHIRE BETHEL’

Dear Mr Attorney

Judge Hilton has confirmed to me that he has issued a stay.

Given that a ETD has already been issued and that my client has acted upon it and is in fact already in the air and he is to land in Nassau in @15 to 30 minutes, the emergency stay which you have obtained cannot in law fasten upon that aspect of the judgment which has already been complied with.

I trust that this fact and the series of emails below were shared on the emergency motion for a stay.

You were duty bound to make full disclosure to the judge an urgent exparte motion especially in circumstances where you had complied with that aspect of the order.

These are pivotal facts.

I assume the application for an emergency stay was made by phone?

If so, I am surprised that I was not called beforehand to invite me on the phone to or put me on notice.

I take the position that only those aspects of the judgment which have not been complied with can be stayed at this juncture.

Accordingly,

Please ensure that my client is not illegally expelled once more, and that he is permitted to pass through immigration when he arrives.

Please let me know what is to happen shortly as I have an associate waiting outside for him at the airport.

I look forward to a full minute of the motion before the judge exhibited to an affidvait in support of the emergency motion, of the motion and in due course an order in writing.

I regard the actions taken in the circumstances as aggravating damages and will rely upon them as such.

Regards.

From: Fred Smith Sent: Saturday, February 03, 2018 2:52 PM

To: ‘CARL WILSHIRE BETHEL’ Cc: ‘BRENT SYMONETTE’

I should add that my client will regard any attempt to interfere with his rights under paragraph (2) of the judgment as a contempt and a motion will be pursued by my client to commit all persons found to have been in breach of compliance or interference therewith.

I do hope this will not be necessary.

Regards.

From: CARL WILSHIRE BETHEL Sent: Saturday, February 03, 2018 2:54 PM

To: Brent Symonette; Fred Smith

Dear Minister Symonette

Kindly see the Order, now initialed and dated by His Lordship.

Best Regards,

AG

From: Fred Smith Sent: Saturday, February 03, 2018 2:57 PM

To: ‘CARL WILSHIRE BETHEL’ Cc: ‘BRENT SYMONETTE’

Dear Mr. Attorney.

I confirm receipt of the email below from you

From: Fred Smith Sent: Saturday, February 03, 2018 4:17 PM

To: ‘CARL WILSHIRE BETHEL’ Cc: ‘BRENT SYMONETTE’

The position which I have expressed below, that the stay can only fasten on parts of the judgment which have not been complied with, is fortified, not only by the law, but also by the terms of the written Order which you have kindly sent.

It states clearly “..that all further proceedings and the Judgment..” be stayed.

I invite you again to permit JC through Immigration at the LPIA in Nassau.

I understand that he landed some time ago.

He was arrested by 2 policemen and taken with Immigration officers somewhere in the precincts of the airport and that he has not been allowed through Immigration. Attorneys from my chambers are waiting outside to receive him.

I request that they be allowed to see him privately and that your officers do not question my client unless it is in the presence of his attorneys, or require him to sign any papers.

I require you to release him immediately.

Regards.

From: Fred Smith Sent: Saturday, February 03, 2018 5:55 PM

To: ‘CARL WILSHIRE BETHEL’ Cc: ‘BRENT SYMONETTE’

Gentlemen

Since my previous email the following has happened

1. JC remained in the custody of Immigration and police at the airport

2. My attorneys have made many requests to see him and they have been denied access to our client

3. Minister Symonette arrived and went in and met with his officers and or with my client

4. My attorneys continued to ask to see our client

5. An Immigration Officer was talking to my Attorneys when they spotted a group of Immigration Officers walking out with Jean Rony in restraints

6. My Attorneys immediately called upon the group of officers for Jean Rony.

7. The group of Immigration Officers began to run away and Jean Rony began to falter and he was dragged by a large Immigration Officer while in restraints

8. They got into a small immigration van surrounding Jean Rony and refusing to allow my attorneys to speak with him

9. Jean Rony appeared terrified

10. He has no idea what is happening to him as the last thing that he knew was a conversation with me as he was leaving the airport in Haiti to arrive in the Bahamas expecting to be a freeman on his arrival and going through immigration.

11. Minister Symonette also began to leave and my Attorneys went to speak with him

12. He refused to speak with Mr. Crispin Hall

13. My Attorneys left the airport and followed the Immigration bus to the detention center

14. Upon arrival they asked to see Jean Rony

15. They have been refused permission to see Jean Rony

16. They have been told that the Detention Center is now closed and they cannot see our client

17. My attorneys are insisting on being allowed to see our client

18. Immigration and Defence Force Officers are now threatening to lock up my attorneys

19. We seem to have gone full circle from when I tried to see Jean Rony in the first email at the bottom of this series on December 4, 2017, when I too was refused permission to see Jean Rony

I ask for someone who is responsible in this government to please intervene and to allow my attorneys to see Jean Rony immediately.

If you do not allow this I intend to make an emergency application to the judge under Article 28 of the Constitution to be permitted to see our client.

I shall be exhibiting this entire series of emails to the application

Please please please stop this abuse!!!!!

From: Fred Smith Sent: Saturday, February 03, 2018 9:06 PM

To: ‘CARL WILSHIRE BETHEL’ Cc: ‘BRENT SYMONETTE’

Gentlemen

I wish to register the strongest objection and protest to what has happened since my last email and to require you to immediately release JC and respond to the various matters raised below.

1. JC’s attorneys have spent nearly 5 hours at the detention center trying to see JC.

2. During that time they were threatened with arrest if they did not leave;

3. They were put under a lot of pressure to leave and Immigration and Defence Force were intimidating them

4. Crispin Hall, one of JC’s Attorneys, was finally told that he would be allowed to see JC

5. He was then taken into a room and he had to wait for over half an hour

6. JC was finally brought in to see Mr. Hall.

7. In breach of JC’s constitutional rights, an immigration officer, Mr Joseph, despite Mr. Hall’s protests, insisted on being present throughout Mr. Hall meeting with JC and seeking to advise him

8. Mr. Hall was obliged to advise JC and JC was forced to communicate with his Attorney in the presence of Mr. Joseph.

9. I also understand that your immigration officers were previously questioning and interviewing JC despite his attorneys trying to see him at the airport and at the detention center.

10. Mr. Joseph told Mr. Hall that he was instructed to stay throughout the interview.

11. JC said he felt he was being kidnapped at the airport.

12. JC complained of pains in his legs. I have previously told you of his medical challenges;

13. He was forced to run and this exacerbated his ailment in his legs and he collapsed

14. He was shivering

15. He was cold

16. Mr. Hall asked Mr. Joseph to provide him with 2 blankets

17. He began to tell Mr. Hall a lot of what had happened since his arrival and his ordeal at the hands of Immigration at the airport and since.

18. JC was desperate to speak and communicate with his attorney.

19. Regrettably Mr. Hall had to advise him not to say much in front of Mr. Joseph

20. Mr Hall was however forced to advise him of certain rights etc in front of Mr. Joseph

21. After the interview Mr. Hall was escorted outside of the main gate at the detention center.

22. Mr. Hall and another one of JC’s attorneys and staff from my chambers were waiting outside in 2 cars.

23. The Defence Force officers began aggressively accusing Mr. Hall of unlawfully taking pictures. Of course that was utter nonsense as Mr. Hall didn’t even have his phone.

24. Then a defence force officer told the commanding officer that the others outside had taken pictures.

25. JC’s attorneys and my staff were then told that it was illegal for them to take pictures and the officers began demanding that they hand over their phones

26. This is of course completely illegal as there is no law against taking any pictures, assuming they did in fact do so and further, the defence force officers did not have the right to be demanding that JC’s attorneys and or my staff give them their phones which of course contain a lot of client attorney privilege information and texts, emails, and photographs, not only of JC, but of a lot of other clients’ attorney privileged material

27. JC’s Attorneys and my staff began to feel threatened and intimidated once again and began to quickly leave.

28. The defense force officers got into an unmarked vehicle and gave chase to one of the vehicles with JC’s attorneys and one member of my staff

29. Another vehicle with defence force officers gave chase to the other vehicle.

30. This was very disconcerting and terrifying to JC’s attorneys and my staff, 2 of whom were women.

31. So afraid were his attorneys and staff that they drove one car to the Cable Beach Police Station to seek police protection against these defense force officers who were chasing them in the vehicle.

32. I suppose, seeing my attorneys arrive at the Cable Beach Police Station the defence force vehicle drove away.

33. The other car drove around being chased until he was able to evade and lose the chasing defence force vehicle.

34. The attorneys and staff are now in fear of being hunted down tonight by the Defence Force.

35. They have taken measures to sleep away from their homes.

Mr. Jean Rony Jean Charles is now in unlawful custody.

He has committed no offense.

Neither he nor his attorneys have been told the reason for his arrest and detention.

Many of his constitutional rights have been and are being breached, as are his rights under the CPC and the Immigration Act.

You are humiliating, degrading and treating JC inhumanely.

Why? What is the big issue? He is a man born of our Bahamian soil. He was born here and he belongs here. Why are you treating him this way?

Mr Symonette was on TV last night saying boldly that JC was going to be given status.

Why do this.

I must continue to put you on notice that all of these actions are needlessly aggravating damages and increasing punitive and exemplary damages and vindicatory compensation under the Constitution. Please stop and think about what you are doing.

JC’s family are in utter shock at what has transpired!

Mr. Symonette is a lawyer of 40 years. He has been attorney general.

Mr Bethel is attorney General and a Queens Counsel.

REQUESTS

1. I request you to immediately release him.

2. If you do not release him, please in the meantime, take him to a doctor and provide him with medical treatment.

3. Provide him with blankets and feed him.

4. JC also has a phone. Please let him use it to call his attorneys and family

5. In addition, may I please ave your confirmation that the defence Force will not be hunting down the attorneys from my office and staff or trying to unlawfully take their phones.