The Tribune

EDITOR, The Tribune.

It is very disappointing and disheartening to observe the level of disrespect geared toward the supreme law of our country.

The constitution of the Commonwealth of The Bahamas serves as the blueprint on how the machinery of government should work and also serves as the social contract between the government and the people.

I continue to sit and observe how the government of The Bahamas continue to violate the supreme law of our land. The current cabinet of The Bahamas consist of several lawyers. But most importantly the Attorney General acts and operate as the attorney for the government (country). The Legal Profession Act (Bahamas Bar Professional Code of Conduct Rule IX) also mandates that attorneys who hold public office continue to discharge their duties as attorney at the highest standard.

In the constitution of The Bahamas at Part V or article 118 it mandates the establishment and composition of a Police Service Commission. As a result of this, I conducted some research and soon found out that the three members of the Police Service Commission were Rev Charles Saunders (Chairman), Mr Paul Farquharson QPM and Mr Alonzo Butler. Further research revealed that Rev Charles Saunders has been incapacitated for some time now and Mr Alonso Butler had passed away.

Therefore, in effect the Police Service Commission has one member, Mr. Paul Farquharson QPM. This now drives me to my second point. Article 119 clearly outlines how appointments and transfers are made in the police force. Article 119, paragraph 6 states that powers to make transfers within the police force is vested in the commissioner of police. It clearly doesn’t provide the commissioner of police with the power to transfer officers outside of the police force. Interestingly, the minister of national security has no power to transfer any police officer.

The power to remove officers at the rank of assistant commissioners from the police force is vested in the governor general acting in accordance of the advice of the police service commission.

This then begs the question; how can any legal transfer or removal take place if the constitutionally mandated police service commission has been defunct or improperly constituted?

So clearly, the attempt to transfer or remove assistant commissioners Ken Strachan and Clayton Fernander in its current form is illegal and unconstitutional. The supreme law of the land must not be trivialized. The constitution must be respected by everyone. No one is above the law, including the government.

Bjorn R Ferguson

Nassau

March 5, 2020