The Tribune

BY NEIL HARTNELL

TRIBUNE Business Editor

nhartnell@tribunemedia.net

THE BAHAMAS’ largest retail mall yesterday asserted “there has to be a better way” after peak Saturday shopping was disrupted by Immigration enforcement actions branded “very aggressive” and heavy-handed.

Troy Johnson, the Mall at Marathon’s general manager, emphasised to Tribune Business that - while the complex and its tenants have no intention of prohibiting, or obstructing, the Immigration Department or other government agencies in the lawful execution of their duties - the whole approach must be radically different from the past weekend.

He confirmed that Immigration officers, double the number who would usually be present for enforcement activities, “pulled people off the line, pulled them to the side” at the Mall on late Saturday morning during the height of the week’s busiest shopping day to check their lawful status in The Bahamas.

This, in turn, provoked “unease” among Mall shoppers, Mr Johnson told this newspaper, adding that when he arrived both patrons and staff at tenant businesses were talking about the “whole demeanour” displayed by the Immigration officers. The latter’s actions sparked intervention by Mall security and police, who urged Immigration to be mindful of the crowds and resulting disruption.

The Mall general manager added that the Immigration enforcement team “dialled down” and left the retail complex after that encounter, but he pledged he “does not intend to leave the matter and let it lie” given fears that Saturday’s events could be repeated unless addressed with the authorities.

He added that the Mall will now undertake legal “due diligence” to determine what enforcement powers officers have under the Immigration Act and its regulations given that the weekend’s actions sparked multiple questions over whether they required warrants or court Orders signed by a judge/magistrate to act as they did.

One source familiar with events, and speaking on condition of anonymity, told Tribune Business that when challenged on this point by Mall security, the senior Immigration officer in charge replied to the effect: “We are Immigration. We have total control. We can do what we want.”

This was later corroborated by Mr Johnson, with the source adding: “Immigration was walking around from store to store looking for people. Saturday is the busiest shopping day of the week. It was right before lunch on the busiest shopping day.

“The Mall, as a Bahamian-owned entity, is probably the largest taxpayer to the Government when you look at real property tax, the VAT paid on rentals and Business Licence, and then you throw in the VAT paid by tenants and Business Licences. Why come and disrupt that business flow on the busiest day?

“Why are you doing this on a Saturday? Come back on a Monday or a Tuesday if you want to carry through this exercise. You cannot totally disrupt operations. Under what law can you do this? It’s ridiculous. What are you doing? Are we turning into a communist or authoritarian state now? That’s what it looks like.”

Darron Pickstock, the Golden Gates MP and minister of state for Immigration, did not respond to a Tribune Business message seeking comment before press time last night. Other efforts to obtain comment from the Immigration Department also proved fruitless.

“Here’s my whole take on the ordeal,” Mr Johnson told Tribune Business. “The overall encounter was very aggressive in the sense there were so many officers - not the usual amount, where there may be three to four who come through. In reality, on Saturday, when the Mall was packed, there were eight or nine officers.

“Their overall demeanour, pulling people off to the side, pulling people off the line, yes, you may look at someone and they may a foreigner, but how do you come to that conclusion” without more evidence. The general manager added that the way it was carried out was “not the best look” for either the Mall or The Bahamas.

Disclosing that he was alerted to Immigration’s presence and actions by Mall staff, and came back in in response, Mr Johnson said: “It had got pretty intense. When I came in I had patrons at the Mall, people working in the Mall, talking about the general role of the officers, their whole demeanour, and how they stopped people to check their permits.”

“Based on what I was told, and some of what I have seen, there were some people who were kind of uneasy with the overall approach,” the general manager said. “It was just disruptive, and made some patrons at the Mall uneasy about the whole take down so to speak. It’s something that does not to be seen in the community spotlight. We cater to all walks of life.”

Mall security then intervened to request that the Immigration team “be mindful” of the impact their actions were having on Saturday trading. “The whole approach to how it played out could have been conducted a bit quieter,” Mr Johnson added, questioning why officers simply did not stand at the Mall’s entrances and check the legal status of shoppers there.

“There was no method to the madness,” he said, adding that Immigration departed after the encounter with Mall security and the police. “I would say, again, the approach. We do not want to be prohibitive to them doing what they’re doing, but be mindful that the Mall is crowded and, at the very least, there will be some disruption.”

Mr Johnson said management could have worked to “help minimise disruption” if they had known of Immigration’s plans in advance. “The main point is we’re not opposed to what they are doing; we get it, but there has to be a better way to do it,” the Mall chief added. “Would they do this at Atlantis or Baha Mar?

“We’re going to address it. During the whole ordeal I had an opportunity to chat with one of my directors. I said we need to have some conversations [with Immigration and the Government] . The approach is not to say we are stopping you, or have the right to stop you, but there has to be a better way to do so.

“Now this has come up, we’re going to do our due diligence from a legal perspective to see what rights they have, what does the law truly allow just because you want to go into stores and look for anyone without a valid permit,” Mr Johnson added.

“I don’t intend to leave it and let it lie. If it could happen once, it can happen again. Who’s to say, because of this approach, it doesn’t happen again in a worse manner than before…. The views of the customers, patrons and tenants are.. was this even necessary?”

Mr Johnson said Immigration’s enforcement powers, and whether it should notify Mall management of its plans, are “questions we are going to follow through to find answers on. We don’t intend to leave it quietly. We need the Government agencies to carry out their jobs effectively and efficiently. But it’s the manner in which it’s done, and how it affects the Mall as a community centre going forward”.

The Mall chief said Immigration had informed him it plans to investigate Saturday’s events. He added that the Mall’s surveillance system captured footage of the incidents and it would be “more than happy” to share this with the authorities if required.