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Last Updated: Feb 1, 2021 - 10:40:05 AM |
 Nassau, Bahamas - By a written “Opinion” dated the 28th January 2021 and published on the 29th January 2021, former Member of Parliament and former Deputy Speaker of the House of Assembly, Mr. Dion Smith, a Counsel and Attorney-at-Law, alleged that the Most Honourable Prime Minister, Dr. Hubert A. Minnis MP, who is the Competent Authority, pursuant to the Emergency Powers Regulations made by His Excellency, the Governor-General, along with the former Minister of Finance, the Hon. K. Peter Turnquest MP, had violated the provisions of the Emergency Powers (Covid-19 Pandemic) Regulations 2020 and were liable to criminal prosecution, and faced criminal penalties of “a fine or imprisonment”. He further called for their resignations.
This “Opinion” is false, as there is absolutely no basis in Law for the allegations made by Mr. Smith.
Unfortunately, the Leader of the Opposition, the Hon. Philip “Brave” Davis, a very senior Attorney and, indeed, a Queen’s Counsel, decided to associate himself directly with the false allegations, when he issued a public statement on the 29th January 2021, which embraced the false allegations made by the said Dion Smith; and expanded upon the same by affirmatively stating that “this breach, which is clear and unambiguous, exposes him (the Prime Minister and Competent Authority)...to liabilities...namely a fine of up to $10,000 and/or a sentence of imprisonment of up to 18 months”.
The Opinion and the conclusions drawn, and serious allegations of criminality made, by Mr. Smith and Leader of the Opposition Davis, are based upon a false premise. They are wrong in Law and on the facts, and those false allegations expose both Mr. Dion Smith and Mr. Davis to possible liability in civil law for Libel and, possibly to criminal prosecution were a Complaint of Criminal Libel to be laid by the Prime Minister against the said persons; and in the event of convictions, to the penalties set forth in the Penal Code for persons who commit Criminal Libel.
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.
All waivers and deferrals of the operations of existing Statute Laws or Regulations, issued by the Competent Authority, have been made “by Order” in the several “Emergency Powers (Special Provisions) Orders”.
A review of all the Special Provisions Orders issued confirms that at no time did the Competent Authority ever issue any Order to waive procurement rules. Hence, the legal obligation to make a report to Parliament never arose.
The grievous allegations of criminality made against the Prime Minister and the former Minister of Finance are untrue, possibly malicious, and devoid of any lawful justification.
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