THIS STORY HAS BEEN UPDATED HERE
http://youtu.be/F1LMOmIESlQ2.30pm UPDATE: Jean Rony Jean-Charles has arrived at court this afternoon for his hearing.
By AVA TURNQUEST
Tribune Chief Reporter
aturnquest@tribunemedia.net
BAHAMAS-born Jean Rony Jean-Charles was sensationally arrested and taken to the Carmichael Road Detention Centre having returned to the country on a court-ordered and state-issued travel document this weekend.
His arrest follows an emergency stay of Supreme Court Justice Gregory Hilton’s landmark ruling ordering his return, which Justice Hilton reportedly granted while Mr Jean-Charles was in the air travelling back to The Bahamas from Haiti.
Mr Jean-Charles travelled to the country on a Flamingo Air flight from Cap-Haïtien, Haiti, which landed around 3pm.
To get to Cap-Haïtien, Mr Jean-Charles travelled from Port-de-Paix on the back of a moped. A journey that took some nine hours to complete, according to his lead attorney Fred Smith, QC.
In Nassau, Mr Jean-Charles was immediately stopped by immigration officers and detained for nearly two hours before he was taken to a bus and driven to the Carmichael Road Detention Centre (CRDC).
His attorney Crispin Hall Jr was present at the airport; however, Mr Hall Jr said he was not allowed to speak to Mr Jean-Charles and was told by immigration officials he would have to see him at the CRDC.
At the airport, The Tribune observed Minister of Immigration Brent Symonette shortly after 4pm, who declined comment at the time.
While this newspaper was waiting outside the airport for Mr Jean-Charles to be escorted out, immigration officers attempted to conceal his exit.
Upon seeing The Tribune, the officers began to run to a waiting bus with Mr Jean-Charles in tow.
Mr Hall Jr shouted to his client not to sign any documents or speak to officials without the presence of an attorney as the bus sped away.
Once at the CRDC, Mr Hall Jr was initially denied access, but was later allowed to speak with Mr Jean-Charles for 15 minutes in the presence of an immigration officer, The Tribune was told.
Mr Hall Jr arrived at the facility at 5pm, but was not given clearance until 6.30pm.
“It was unbelievable,” said Mr Hall Jr, “the efforts and the extent they went to. It was obvious they knew we were present because they used evasive tactics trying to distract me while others went through the back to take him to the bus.
“When the call came through and I was able to speak with him, he was terrified, confused, shivering. He was cold and complained about how horrible, tough and arduous the ride was to the airport in Haiti. And how fearful he was after arriving, thinking he was a free man.
“He realised in the airport something was wrong because they kept him and were looking at his documents.”
Mr Hall Jr added: “But when they took him and arrested him and they forcefully pulled him by his shirt and shoulder, because he has an ailment in his legs it was painful to keep up with their pace. He was afraid, he said he didn’t know if someone was chasing after him to hurt him or what.
“He didn’t know who was the good guys and who were the bad guys. He said he didn’t know if they (immigration officers) were saving him from someone or taking him.”
Attorney General Carl Bethel confirmed to The Tribune on Saturday that he had requested the stay after he had learned that Mr Jean-Charles’ landing was “imminent.”
Mr Bethel said Mr Jean-Charles’ homecoming broke an agreement he made with Mr Smith to argue a stay of the order before a judge at 3pm on Monday.
However, Mr Smith emphatically denies making such an agreement and maintains he advised officials he would continue to try to bring his client back at the earliest opportunity.
Mr Bethel, on Saturday, said: “Senior counsel (Fred Smith) and I agreed we would argue before a judge at 3pm after lunch. He decides to bring the man in knowing that we have an application and the time, and knowing that if he did what he did today (Saturday) it would have the effect of making government’s application futile.
“The court made a ruling staying its original order, the question of his detention or otherwise will be determined in court.”
Appeal
On Friday, the government filed an urgent appeal against Justice Hilton’s ruling, making its case that the administration of good governance could be significantly affected.
Among the grounds for appeal, it was stated that Justice Hilton was wrong in law and principle, and overreached his constitutional authority when he ordered the government to immediately issue a travel document for Mr Jean-Charles to allow him to return from Haiti to the Bahamas at the government’s expense, and to grant him legal status no later than 60 days after his return.
Legal counsel also requested Justice Hilton’s order be stayed pending the outcome of their appeal.
Email correspondence obtained by The Tribune purports to show that Mr Smith advised Mr Symonette and Immigration Director Clarence Russell of Mr Jean Charles’ return and flight details at 12.58pm on Saturday.
In an email, Mr Smith explains he was unable to give an earlier advisory as it had been very challenging to arrange transport for Mr Jean-Charles from the hillside slums of Port de Paix, to the airport in Cap-Haïtien.
According to the chain of emails, Mr Bethel notified Mr Smith at 1.58pm that Justice Hilton had ordered an emergency stay of his orders pending a full hearing and determination on the government’s application for the same.
Mr Bethel noted in the email, which was copied to Mr Symonette and several senior officials: “The Department of Immigration is to be so guided.”
Mr Bethel sent a dated and signed copy of the stay order at 2.54pm Saturday.
The ex-parte order states that upon hearing legal counsel, Mr Bethel and Franklyn Williams, orally and on the basis of grave urgency that “all further proceedings and the judgment in this action…be stayed pending the hearing and outcome of the application of a stay made by respondents and set down for a hearing on Monday.”
In response, Mr Smith argued the emergency stay could not be applied to an aspect of a judgment that had already been complied with, adding that he was surprised he was not called to participate in the hearing of the emergency stay.
Yesterday, Mr Smith said: “I am shocked that Mr Bethel is publicly sharing our private conversations especially when his version is inaccurate. I have respected our private lines of communication. As I said we had no such agreement. I’m sure if there had been such an agreement he would have communicated this in writing during our detailed email exchanges on Thursday and Friday regarding Jean Rony’s travel and documents.”
Mr Smith continued: “I am sure that if you ask him, Mr Bethel will confirm that he repeatedly asked me for undertakings that I would not seek to fly Jean Rony into the Bahamas on the travel document that his government issued and I repeatedly declined to do so. I was very clear throughout that I intended to continue my efforts to bring in Jean Rony.
“There was no confusion about that,” he added.
Comments
bogart 6 years, 2 months ago
As he was born of Haitian parents who were illegal he should be sent to the Haitian Embassy until the big question is ansewred of his papers rather than a prison confinement area that may or may mot be legally recognised as a Detention Centre. It is time the Haitian Embassy come out in support of what is lawful from their Constitution as it relates to thousands of their citizens.
TalRussell 6 years, 2 months ago
Ma Comrade Citizens would appreciate it if PM Minnis, Immigration Minister Brent and AG Carl Wilshire, turned down the volume on rearresting born at Prince Margaret Hospital Jean Rony and help solve the serious crime. debt and lack jobs crisis facing the nation..... really, so many ignored 2017 general election promises to focus your times and energies on. Jean Rony is no threat to the citizens and residents and why would the Imperial red state think this once a PMH born baby must be kept locked up and treated likes Bahamaland's first Political Prisoner. They should be ashamed their actions. Let's pray today they come face-to-face with a Judge that understands for 35 years Jean Rony has NEVER presented a threat to the safety or security the citizens or residents, never once in 35 years. UN JAIL this once a PMH born baby.
DDK 6 years, 2 months ago
While one has to feel sympathy for the unfortunate Jean Rony or Jean Charles who may or may not have been born in the Bahamas in perhaps either 1982 or 1985, many of us are not impressed by the way Immigration, lawyers, and Bahamas Government in general have handled this situation, and feel no sympathy for: people who, it is said, threaten to riot if Bahamas Government does not rebuild their dwellings destroyed in the recent Mud fire; the proliferation of Haitian flags on vehicles, licensed or otherwise, driven by persons licensed or otherwise in OUR Bahamas blaring music in strange tongues; grandmothers, legal or otherwise, from foreign shores continuing to give birth as a common practice; for persons legal or otherwise from foreign countries over-crowding our health and educational facilities; persons who operate thousands of illegal businesses; persons whose agenda seems to be to overrun Bahamians in their own country; and, finally, have no respect for successive Bahamas Governments and their politicians that have allowed this outrage to continue unchecked for so long.
Emac 6 years, 2 months ago
Amen!
sheeprunner12 6 years, 2 months ago
Time for the lovers of illegal Haitians to let this story go ......... let us solve real problems in this country like the dump and Out Island development ...... If you are illegal, go (back) home!!!!
stillwaters 6 years, 2 months ago
I agree, this is getting boring
DDK 6 years, 2 months ago
The immigration problem IS a real one! Nobody is just "going back home"!
DEDDIE 6 years, 2 months ago
The saga continues. Its obviously an abuse of the process. The Supreme court had given the Department of Immigration two orders in 2017 that mandates Jean Rony be returned by a specific date. The government ignored those orders. Travel documents were only issued after the Supreme Court provided specific instructions to the government that would have made the ignoring contemptuous. No that he is back, you arrest him. Even if the last ruling was stayed what about the rulings in 2017.
hrysippus 6 years, 2 months ago
Defence Force Officers chased the attorneys' car, ... ... ... The attorneys fled right by Bahamar, ........... ... ............. ... The tourists could only look on in fright, ....... .. .. .. ..... At this armed pursuit carried out in daylight,.. ... .. ... .... To The police station on Cable Beach, ... ... .. ... ... The sanctuary they needed to reach,..... .. ... .. ... ... For protection from these Nazi goons, . ... ... .... .... Who is paying their piper and calling their tunes? .. .. .. ... Is it the Minister or the Commodore? ........ ... ... ... Surely they're acting outside of the law, .. .. ... .. ... Drag them in cuffs before the court, . .. .. .... ......... Let this be a lesson their colleagues are taught, .. .. .. .. .. When you have a gun and a uniform, .. .. ... .... essential your actions to the law must conform.
TalRussell 6 years, 2 months ago
All we can hope for Ma Comrades is at 1:00 pm today when"King's Counsel" Freddy gets before the Justice to battle with AG Carl Wilshire that the Justice asks the AG, why was it that a Bahamaland Travel Document was issued to Jean Rony, bearing an outdated photograph of a much younger Jean Rony.... when it would be certain that during his months of detainment at that unauthorized detention center, there would most certainly have been a photograph taken of Jean Rony as a grown adult man's?
If the Justice himself applied Bahamaland Travel Document and presented with his application a photograph some 20 years since it was taken - would he have been issued such an important official government travel document. The photograph attached just doesn't add up?
I mean likes how was it the immigration officials at the airport could have possibly known they had the right man's in their custody ... certainly not from the image on the photograph on document in front them? How will the Justice tell who is the real Jean Rony .. is there evidence before the court that the image is really that of the real Jean Rony.... and from where did government obtain that photograph?
Ma Comrades, are you not curious how was it the government came possession of that photograph... like I hope the learned court Justice will be as curious at 1:00 pm?
Reality_Check 6 years, 2 months ago
As I've often said:
In a high stakes cock fight between a Haitian rooster and a Bahamian rooster, I would put my money on the Haitian rooster to win hands down - no contest! In another 10 years at most the Haitian roosters and their all too easily impregnated Haitian hens will have control of our parliament and our country.
Well_mudda_take_sic 6 years, 2 months ago
Repost:
SYMONETTE HAS BEEN MINISTER OF IMMIGRATION AND ATTORNEY GENERAL UNDER PAST GOVERNMENTS LED BY HUBIGGITY AND TRUE TO FORM HE WILL ONCE AGAIN DO ABSOLUTELY NOTHING TO ADDRESS THE SERIOUS ILLEGAL IMMIGRATION ISSUES TEARING APART THE FABRIC OF OUR SOCIETY AND THREATENING OUR NATIONAL SECURITY. SYMONETTE AND CARL BETHEL WILL ONLY GIVE LIP SERVICE TO THE ENORMITY OF THE ISSUES INVOLVED IN PROPERLY FIXING OUR ILLEGAL IMMIGRANT CRISIS. BOTTOMLINE: SYMONETTE, MINNIS AND THE ENTIRE FNM PARTY LEADERSHIP WOULD RATHER PANDER TO THE "HAITIAN VOTE" THAN DO THE RIGHT THING EVEN THOUGH 50% OR MORE OF THE "HAITIAN VOTE" IS LIKELY ATTRIBUTABLE TO ILLEGAL IMMIGRANTS WHO HAVE OBTAINED BAHAMIAN CITIZENSHIP BY WAY OF FRAUDULENT DOCUMENTS THAT HAVE BEEN "SOLD" BY CORRUPT OFFICIALS WITHIN THE DEPT. OF IMMIGRATION AND REGISTRAR GENERAL'S OFFICE (I.E. REGISTRY OF BIRTHS).
jackbnimble 6 years, 2 months ago
VERY true!!
John 6 years, 2 months ago
The Haitian problem needs a permanent fix to it. Set the law clearly in stone. Either children born to illegal immigrants will be deported or will have to register as citizens in the country of their parents OR they will be permitted to stay in the country and apply for citizenship at the age of eighteen. The fact that Rony was both deported to Haiti then returned to The Bahamas from that country shows the deportation process is workable. According to officials, Rony had no travel documents when he was deported. And if records and documents confirm that Rony was in the country from birth to present, the least that should be done is to grant him permanent residency. And yes there is a problem with false documents in this country. Just the number of persons, Haitian and Filipinos And Hispanic And even Chinese who have drivers licenses and cannot speak English for basic communication.
jackbnimble 6 years, 2 months ago
And people continue to overlook the fact that even if he was in the country 'from birth to present' (and this is questionable) he NEVER made any effort to apply to get himself regularized. This case will be the make or break point of whether unregularised persons born to illegal parents can continue to do this. Again, I find it interesting that the learned QC continues to say the Government should adhere to the rule of law and not deny persons their constitutional right to reside and yet where the law says you should apply for citizenship at 18 and you fail to do so, THAT law should be completely overlooked "cuz you born here" and we cannot deport you. Tell me if I am missing something because I fail to see the sense in this.
John 6 years, 2 months ago
Did Rony not his documents were lost in a fire. And somewhere along the line did he not say Immigration kept losing his files. Would be interesting to know where they got that early photo that is attached to the emergency travel document that was recently issued.
My2centz 6 years, 2 months ago
She (the sister) claimed it was lost after she sent it with a friend, no mention of a fire. I think neither could remember the particulars from the travel documents used when he was a minor. This is why he initially provided the wrong birth date and legal name for his alias.
TalRussell 6 years, 2 months ago
Ma Comrades, there's a story behind the red state's decision and 'possession' of the outdated photograph attached to such an official travel document... is it just that the immigration department are that outdated in way they process applications... no damn wonder immigration minister Brent pointed at stacks unprocessed applications resting on his office's floor. {Why make this up?}
Honestman 6 years, 2 months ago
This has been badly handled by government.
seamphony 6 years, 2 months ago
what is the government to do if the dude (name and age still TBD) is sitting on his laurels for the last 18+ years instead of getting his status straight while already in the bahamas.
they should have told him to handle his application through the bahamian embassy in haiti.
TalRussell 6 years, 2 months ago
Ma Comrade 'King's Counsel" Freddy today at 1:00 pm should ask the Justice to asks AG Carl Wilshire - exactly what were the acceptable identity documents provided for the use of a some 20-year old photograph of Jean Rony... like who in immigration had the proof that it was a provable image of the Bearer of the Bahamaland Travel Document?
Likes, where did the photograph surface from and will the Justice today at 1:00 - demand to examine what documents were used by immigration to satisfy them that it was a true likeness Jean Rony that they were looking at?
This photograph might not even be that of a much younger Jean Rony... or at minimum - comes with no real proof to arrive at such important state issued ID granting decision?
TalRussell 6 years, 2 months ago
Ma Comrades the case building that all the whilst Jean Rony was being held against his will as a political prisoner at a 'unregularised detention center - the red state's immigration department had to have known they were long in possession of copies of Jean Rony's birth certificate of having been born at PMH. These are facts, okay.
This calls for Her Excellency the Governor General to appoint a Royal Commission of Inquiry to look into how could the state have known so much about Jean Rony - yet pretended no nothing?
FREE Jean Rony, NOW and if Canada was willing accept a family Bahamalanders, fleeing a Hurricane, then why not political prisoner Jean Rony?
bogart 6 years, 2 months ago
Tal I did google but rony jean and looked at thhe images and you may hzve something in that the photogrsph might not even be that of a younger Jean Romy. The younger photo has someone with obvious much larger ears....unless your ears shrink as you get older..?....lol
TalRussell 6 years, 2 months ago
Oh Ma Comrade, you better believe the red state should have known that "certified copies" Jean Rony's birth certificate, health records, photographs, schooling and works records were all the whilst he was in detention - safely filled away atop Hawkins Hill... but couple walking steps away from the offices of the minister immigration and immigration director? I'd say they even knew at age 16 to have been imprisoned at Fox Hill over a conviction simple possession marijuana? This could very well brungs down the Imperial red state..... funny they knew exactly what files go to pull a photo of Jean Rony - but only after the Justice ordered them issue that travel document?
birdiestrachan 6 years, 2 months ago
Tribune Journalist way with words. "He was thrown into the detention center" The Truth is he was detained at the detention center. The Drama King must be writing these headlines. As the outspoken QC said there are thousands more to come and the Japanese man got one million. Imagine the millions the Bahamas will have to pay.
These folks have a way with these documents and who can say who is who. What happened at the Haitian Embassy who said they had no recorded of him being deported. They just blame the Immigration Department for all. At this rate there will soon be no need for Immigration Departments or Immigration Officers, in the Bahamas
birdiestrachan 6 years, 2 months ago
what about Bahamian young men who cares about them? They to have some stories to tell
TalRussell 6 years, 2 months ago
Ma Comrade the last time anyone cared about the common man's - was in 1967 when Pindling and Milo B - ran the light-skinned Bay Street oligarchy off Bay Street... although populuar folklore has them as being of the pure white race.
DDK 6 years, 2 months ago
For those of you who think the migrant crisis is old news, check out the Mud and Peas in Abaco. Would imagine Sand Banks is more of the same. https://www.facebook.com/dacheraminat...">https://www.facebook.com/dacheraminat...
TalRussell 6 years, 2 months ago
Wow! Ma Comrades, no Bank Lane shuffle in leg shackles - just maybe the Imperial red sate has finally heard the international world's outcry?
John 6 years, 2 months ago
There are over 50 million overseas Chinese. Most overseas Chinese are living in Southeast Asia where they make up a majority of the population of Singapore (75%) and significant minority populations in Thailand (14%), Malaysia (23%), Indonesia, Brunei (10%), the Philippines, and Vietnam. . . "In 2016, the U.S. State Department estimated that there are 9 million U.S. citizens living abroad, an increase from an estimate of 4 million in 1999." . . "As of a 2010 report by the Asia Pacific Foundation of Canada, there were 2.8 million Canadian citizens abroad (plus an unknown number of former citizens and descendents of citizens)" . . ".Jamaicans Living Overseas. "There are 2.7 million Jamaicans living at home and the official estimate is that, an equal number of Jamaicans also lives overseas. Last year, Jamaicans living abroad send home approximately US$2.6 billion."
. . "Nov 25, 2016 - Based on the latest numbers compiled, there are just under 6,000 Bahamians currently incarcerated within The United States (U.S) between Federal, City and State prisons. There are just under 200 Bahamians locked up in US Federal prisons with four of them being women. Another 3,000 to 6,000 are ... Missing: living...the number of Bahamians living abroad is estimated to be under fifty thousand and three to four times as many decendants.
TalRussell 6 years, 2 months ago
Comrade (Rutherford) alias John, whats your point... did I misidentify?
John 6 years, 2 months ago
I am practicing my English, Tal...
TalRussell 6 years, 2 months ago
Ma Comrade, you talk far better argument on talk radio than you does writes.
John 6 years, 2 months ago
rawbahamian 6 years, 2 months ago
You know Tal, I agree, the "Red State" officials should pay more attention to correcting all of what the "Gold State" officials did to put us in this dire state of joblessness, crime, corruption and all of the other negative actions that led to their resounding defeat !!!
TheMadHatter 6 years, 2 months ago
birdiestrachan says... what about Bahamian young men who cares about them? They to have some stories to tell.
TheMadHatter replies... No Birdie. Our Fox Hill Prison is a wonderful paradise for Bahamians. Only people in the detention center sleep on bare floor and suffer other inhumane treatment. The only thing one can complain about at Her Majesty's (Fox Hill) Prison is the downy pillows have too many feathers.
Sign in to comment
Or login with:
OpenID