PLP leader Philip ‘Brave’ Davis in Parliament last week.
By RASHAD ROLLE
Tribune Senior Reporter
rrolle@tribunemedia.net
THE Office of the Attorney General said Progressive Liberal Party leader Philip “Brave” Davis has exposed himself to possible criminal prosecution for claiming that Prime Minister Dr Hubert Minnis breached rules of the emergency powers order.
The statement came after former Nassau Village MP Dion Smith wrote an opinion piece claiming that Dr Minnis was liable to criminal prosecution and faced criminal penalties for failing to submit a report that details the “expenditures, suppliers for the goods and services procured and the reasons those suppliers were chosen” as Section 11.2 of the Emergency Powers (COVID-19 Pandemic) Regulations require.
Mr Davis has backed Mr Smith’s analysis, prompting the AG’s Office to say in a statement that they “are wrong in law and on the facts”. The AG’s Office said the men could be exposed to “possible liability in civil law” and criminal prosecution if Dr Minnis were to make a complaint of criminal libel.
The statement said: “As recited by Mr Smith in his ‘opinion,’ the Emergency Powers Regulations empower the competent authority ‘by order’ to waive procurement rules. If he does so, then the obligation of the minister of finance to report on all such procurement activities related to public health and safety to Parliament, within six weeks after the expiration of any proclamation of emergency, would arise.
“However, the fact is that the competent authority has never issued any order to waive any procurement rules.”
Mr Davis, who first raised the issue in the House of Assembly last week, noted during a press conference yesterday that he received no response at the time.
“They didn’t have an answer,” he said. “Then they spent a few days scrambling and yesterday they had their attorney general issue a laughable statement trying to get their man off on a technicality.
“Their argument, which they accompanied with ridiculous legal threats, amounts to this: the prime minister didn’t issue an order to waive the procurement rules – he ignored them, without issuing the order. And therefore, he wasn’t obligated to report to Parliament how he’s spent the people’s money.
“This is the response of a government who spent their last campaign promising transparency and accountability.”
Comments
ThisIsOurs 3 years, 2 months ago
Seriously? theyre going to waste the public's money losing another case because someone said the PM breeched the law by not submitting a report? while people hungry? Why not just submit a report?
TalRussell 3 years, 2 months ago
There's that colonial slavery threat of criminal prosecution into silence against anyone who dares to question the actions of the masters, the elected, politically appointed, and most highly privileged.
Worse when it's the colony's attorney general who is the amplifier of the threat.
Shakehead a quick once for Upyeahvote use his own millions of dollars hire a damn lawyer in private practice to be's uttering threats, twice for Not?
birdiestrachan 3 years, 2 months ago
Mr Bethel has lost the Smith case. the Gibson and some political cases have not been tried. He should be embarrassed and now he is busy talking foolishness again.
Go ahead Sir charge them. and see where it will get you and the PM. You all are the bosses and you can do what ever you all want.
desperation is settig in and sound minds are no more.
Hoda 3 years, 2 months ago
....Maybe if he wants to initiate a private action for defamation... but it speaks to larger issue in this country - yes, people have the right to say what they want and the person who is the subject of your opinion and rants has the right to sue you if you are lying or intentionally saying malicious things. I am not saying that’s what is happening. But, I think that goes from the bottom to the top. If what you are is truth why should it matter to you if you are sued.
happyfly 3 years, 2 months ago
The emergency powers act was a law that Minnis made up that entitles Minnis to make up new laws whenever he feels like it - without having to consult with the constitution nor any legally trained professional (such as the AG) Lockdowns and curfew; yes church service - no church service; no outdoor dining on Sundays; can't go to the beach; can't travel from one island to another.....all of a sudden punishable by fine or incarceration. Not even the AG could keep up with all of the new laws and variations and backflips because they literally change daily ..............and in the meantime, the Minnis Government has racked up billions of dollars in debt and not had to justify a single dollar of it. So why the big bust up in parliment and now what the AG is now saying (threatening) to Brave is that we are not allowed to talk about the finances. They got us all freaking out about the Wuhan Flu - ratting each other out for not wearing masks and having parties but when someone asks where all the billions are going, you are supposed to shut-ya-mouth. That is what this story is really about - our new totalitarian master is telling the opposition party that he will lock them up for making noise
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