0

Jean Rony Seeks $1m Damages

Jean Rony Jean-Charles on his way to appear before Supreme Court Justice Gregory Hilton.

Photo: Shawn Hanna/Tribune Staff

Jean Rony Jean-Charles on his way to appear before Supreme Court Justice Gregory Hilton. Photo: Shawn Hanna/Tribune Staff

By NICO SCAVELLA

Tribune Staff Reporter

nscavella@tribunemedia.net

BAHAMAS-born Jean Rony Jean-Charles will seek over $1m in damages from the government over his unlawful arrest, detainment and subsequent deportation to Haiti last year, his lead attorney said yesterday.

Fred Smith, QC, told Supreme Court Justice Gregory Hilton his client would be seeking “more than $1m” in restitution for what happened to him between September and November of last year, and that such a substantive figure would teach the government to act in accordance with the law.

However, Mr Smith stressed to reporters that in making the figure known, he was not seeking to interfere with Justice Hilton’s assessment on damages for his client.

To justify the rationale for seeking the hefty sum, Mr Smith referred to the previous court decisions on the unlawful arrests and detention of both Harvey Tynes, QC, and Tamara Merson, which he said saw both individuals receive over a quarter of a million dollars in damages.

However, Mr Smith said Mr Tynes was in jail for some 17 hours, while Ms Merson was imprisoned for three days, as opposed to Mr Jean-Charles who was detained at the Carmichael Road Detention Centre (CDRC) for over two months.

“So whilst I am not seeking to influence the judge’s assessment on damages, I was simply in that article referring to the other cases which would be in comparison, he would be entitled to substantial damages,” the senior attorney said, referring to a previous article in The Nassau Guardian which quoted him as saying his client would be seeking “substantial damages” because of the whole ordeal.

Mr Smith’s comments came after a hearing over the government’s application to stay Justice Hilton’s landmark ruling on January 30, in which the judge found that Mr Jean-Charles was “unlawfully expelled” from the Bahamas after having been detained at the CRDC from September 18 to November 24, 2017 in breach of his rights guaranteed under Article 25(1) of the Constitution.

Justice Hilton also ordered the government to immediately issue a travel document to allow Mr Jean-Charles to return from Haiti to the Bahamas at the government’s expense and to grant him “such status” that would “permit him to remain in the Bahamas and to legally seek gainful employment” no later than 60 days after his return.

The government subsequently appealed that decision, and an emergency stay was subsequently issued by Justice Hilton while Mr Jean-Charles was in the air travelling back to the Bahamas from Haiti. Attorney General Carl Bethel said at the time he requested the stay upon learning that Mr Jean-Charles’ landing was imminent. Upon his return to the country, Mr Jean-Charles was apprehended by immigration officials and carted off to the CRDC. He has since been released.

Yesterday, attorney for the Crown Loren Klein submitted in his side’s support of the stay application that the government would suffer a “substantial prejudice” if the stay is not granted, and that the Crown would be further prejudiced if Justice Hilton’s judgment is not allowed to be scrutinised by the Court of Appeal.

Conversely, Mr Klein submitted that Mr Jean-Charles would suffer no real prejudice from the stay application, particularly as the Crown has promised not to arrest, charge, detain, or expel or interfere with Mr Jean-Charles pending the appeal.

Mr Klein also indicated that the Crown would be objecting to the affidavits filed on Mr Jean-Charles’ behalf by his sister Clotilde Jean-Charles, attorney Crispin Hall and another individual on the grounds that they contain “scandalous” information and that one or more of them is irrelevant.

In response, Mr Smith said the Crown failed to address the merits of Justice Hilton’s judgment, and that his submissions were filled with “technical” and “procedural” arguments. Mr Smith further charged that Mr Klein did not address the “wholesale breach” of his client’s rights.

Mr Smith also dismissed suggestions that Mr Jean-Charles’ matter will open the “floodgates” for future court actions concerning similar immigration issues, stating that while it does set a precedent, it would not have any bearing on any future and/or potential actions of a similar nature, as potential claimants would still have to launch and present their own cases.

After hearing submissions from both sides, Justice Hilton indicated that he would make a determination on the matter by Friday at 10am, subsequent to him reviewing the oral and written submissions by counsel as well as the transcripts for the various proceedings on the matter.

After yesterday’s hearing, Mr Bethel who was present in the courtroom, told reporters that the Crown is “satisfied” that the stay it applied for ought to be granted.

However, when asked what the government would do if the stay is not granted, Mr Bethel said: “I don’t do speculative law. I deal with everything as it comes. We have, as I’ve indicated, made our application for the full stay for which we applied Friday, and we will continue to press on regardless. When the court makes its ruling, we’ll see what happens then. I’m not going to guess. But we will be resolved to pursue a clean appeal to the Court of Appeal where these issues will be properly ventilated.”

Meanwhile, Mr Smith said when questioned that if the stay is granted, his legal team will take the matter up in the appellate court.

“If the stay is granted we quickly move to the Court of Appeal and get the appeal heard,” he said. “The government has given an undertaking not to trifle with Jean Rony, that is not to arrest him, not to detain him, not to expel him unlawfully. So that is a major one of his constitutional rights we wanted protected. So we’ll just wait and see.”

Comments

DEDDIE 3 months, 1 week ago

The problem with our system is that the seem type of cases or constantly been re-litigated over and over again. The Jamaican lawyer, Japanese guy, the two Cubans and now this. When will we learn that you can't simply hold someone for an inordinate among of time without taking them to court. It doesn't seem to happen to Canadians or Americans.

0

DDK 3 months, 1 week ago

Oh joy! What tangled webs we mortals weave when first we practise to deceive - the first deception having been carried out by the now famous or infamous Jean Charles or Jean Rony and, in all likelihood, his parents.

0

birdiestrachan 3 months, 1 week ago

This comment was removed by the site staff for violation of the usage agreement.

0

licks2 3 months, 1 week ago

For real birdie. . .I would suggest that you or monitors of this site remove this before you get ya tail cited for contempt of court!! "bring the thousands you mentioned influence the judge" can get you "hunted down" by the "man"!! You are not on thin ice. . .you done cross that line. . .it is just a matter of them "seeing" ya post! Crissy Love is a fugitive from justice and Omar paid $25,000 to stay out of jail for saying the very same thing you did. . .

0

DDK 3 months, 1 week ago

Just to be absolutely clear, will somebody please tell me which Governmental Department, and therefore which Minister, is responsible for THIS Jean Rony aka Jean Charles mess. Immigration, Attorney General, National Security or a combination thereof?

0

BahamaPundit 3 months, 1 week ago

I don't know how an English lawyer could quantify damages in this way? What was the pain and suffering? What were his out of pocket expenses? Pain and suffering: $12,000 max. Expenses: loss of wages etc. $8,000. Maximum damages around $20,000. Plus legal fees, say $20,000. Grand total: $40,000 or let's say $50,000 to leave room. How does a 50K claim become a one million dollar claim under the English system of law? We do not have punitive damages here, like the US -- there are no punishment damages available, only damages for loss. In my view, the amount of 1 million dollars in the claim should be laughed out of Court.

0

licks2 3 months, 1 week ago

We gat Fred Smith. . hahahahahahahahahahahahahhahaha. . .he is "wigged out" for real!!

0

birdiestrachan 3 months, 1 week ago

licks 2 it is Fred Smith in this news statement who said he Fred did not want to influence the judge. So I wrote go ahead influence the Judge. Fred used the word influence.

0

birdiestrachan 3 months, 1 week ago

licks it is also Fred Smith who said there are thousands of cases just like Jean Charles, Jean Roy. would it be fair to give one man over a million dollars in damages and not give the other thousands the same?

0

John 3 months, 1 week ago

And how much of it does Fred Smith get?

1

sheeprunner12 3 months, 1 week ago

Yep ......... the "pro bono" bull-shit artist ........ Kreole Fred is really going off on a tangent this time ......... This is not a Miami court where you can sue someone if you slip on a wet floor ......... Fred is full of legal hyperbole.

1

Tocanada 3 months, 1 week ago

This tragic story is being closely followed all over the world. The Bahamian government will learn that next time they faced with this situation they will be transparent and let every person go through due process before they deport anybody they have in custody in Bahamas . Everybody deserves to be protected by the basic human rights laws . He should be rewarded more them one million dollars that will send a message to immigration they do not operate above the law

0

Future 3 months, 1 week ago

if u cud get $1 mil for being illegal, u shud get about $12 mil for being a murderer

0

OldFort2012 3 months, 1 week ago

Typical sensational story to grab headlines. There is a well known process by which damages are assessed. Since our friend here earnt almost nothing and is a bum, he will be lucky to get $10k in distress money.

0

sealice 3 months, 1 week ago

He was in the country illegally he doesn't deserve a penny .... ignorance of the law doesn't mean it doesn't apply to you.

I am legally here and have been all my life why don't i get a million dollars for having to deal with all the regular BS that is nassau every day... ???

0

CoolHead 3 months, 1 week ago

How can some of you be so dumb and stupid or is it just out of ignorance??? Some of y'all comments disgust me to the core...🤐🙃😣

0

stillwaters 3 months, 1 week ago

CoolHead, try to live up to your name, no need for name calling on this blog.

0

Sign in to comment