The Tribune

By LETRE SWEETING

Tribune Staff Reporter

lsweeting@tribunemedia.net

THE Supreme Court granted a pilot leave to launch judicial review proceedings against the Bahamas Civil Aviation Authority’s refusal to renew his pilot’s licence.

Darryl Elmer Bartlett claimed the authority acted “illegally” and denied him “natural justice” by not giving him a reasonable opportunity to make a written or oral representation objecting to their decision to deny him the renewal of his licence.

Justice Donna Newton ruled: “The appeals route with the authority should have been exhausted before any further consideration is given to the applicant in the Supreme Court. However, the proper process was not followed by the authority.

“There is no evidence that the applicant was afforded proper notice and provided a date when he could address the authority on the renewal pursuant to section 33(2)(c). Even if it is accepted that the applicant applied under the wrong provision, a decision was rendered and as such he was entitled to have his appeal heard by the authority.

“I agree with counsel for the applicant that he was wrongly advised that his appeal should have been lodged under Section 44. This is not the appropriate section.

“I am satisfied that the applicant has met the standard required to obtain leave to apply for judicial review. The respondents’ application to set aside the leave is therefore dismissed. Mr Bartlett’s judicial review application should be heard on the merits. There will be no order as to costs.”

Attorney Bjorn Ferguson represents Mr Bartlett.

In February 2015, Mr Bartlett was initially convicted and sentenced in the Magistrate’s court to two years and six months in prison on several counts of possession, conspiracy to possess and importation of dangerous drugs.

Mr Bartlett appealed his sentence, and the Court of Appeal granted him bail on the condition that he surrender his pilot’s licence and that he is not issued with a new licence without the court’s approval.

The appellate court increased Mr Bartlett’s prison sentence to five years due to his role in the offences and the amount of dangerous drugs involved.

In May 2015, during his incarceration, Mr Bartlett’s pilot’s licence expired. Three weeks after his release from prison, on December 12, 2019, he applied to renew the licence.

After conducting a background check, the authority discovered the conviction for drug possession and advised him that his renewal application was under review on September 2020.

In March 2021, Mr Bartlett applied for leave for judicial review and an order of mandamus that the authority renews his pilot’s licence. He purported that the delay in rendering the decision was unreasonable and he was being treated with bias.

The authority said it became aware of the ex parte application on March 24, 2021. Michael Allen, then director general, wrote to him denying his request for renewal because he was not considered a fit and proper person to be issued the pilot’s licence as required by section 21 of the Civil Aviation Act.

Mr Bartlett then appealed to the authority on April 30, 2022. More than a month later, Mr Allen told Mr Bartlett that section 44 did not apply to his appeal and that his appeal was also lodged out of time.

Mr Bartlett subsequently filed an application on July 1, 2021, for leave to apply for judicial review regarding the refusal to renew his pilot’s licence.