Bahamas News
Speedy justice pledge falls short when judgment pay-outs take years, says leading senior lawyer who wants to find a solution to a decades-long problem
‘It shouldn’t take the government years and years to settle a judgment against it when the very judgment was awarded because of inexcusable delay in the first place’
#TheBahamas, January 7, 2022 – The new attorney general Ryan Pinder came out guns blazing according to an Eyewitness News post online on November 1, 2021 with headline UNBUDGETED AND UNFUNDED: AG says judgments against govt ‘have to be paid’.
I could not agree with him more.
I am fully on board with the Attorney General calling out the last administration and exposing its failure to account for $1B in liabilities, including court judgments made against the government.
I would only caution that Sen. Pinder is swinging a double-edged sword. We all know that governments are continuous and it doesn’t matter when the failure started or who was responsible for it; it only matters who stops it and is competent enough to reverse the negative consequences it created.
Although I am optimistic about the pledge of millions of dollars in funding which is claimed to have been provided in the government’s supplementary budget to cover the costs of those judgments, I remain cynical about it.
As we enter the first quarter of 2022, where is the money for these judgments? Who is receiving the favour of priority of payments as so many judgments with real priority remain outstanding while others were hurriedly and quietly paid just before Christmas? Why are the government’s judgment creditors still being told there is no money?
There are judgments for damages which were awarded against the government for its failure and breach of a citizen’s constitutional rights by causing unreasonable delays in the delivery of justice.
Article 20 of the constitution guarantees you a right to a fair trial and a trial within a reasonable time.
A still broken criminal justice system continues to result in protracted delays in matters being prosecuted, delaying in some cases vindication to the accused and the opportunity to get back to some semblance of the life you had before becoming a part of the system.
When you are compensated for this delay a part of the damages is exemplary damage to provide some incentive to the state to provide a criminal justice system where trials are heard in a timely manner. But what is the point of all of this emphasis on speed in the delivery of justice when there is no incentive to pay judgments in a timely manner and no consequences for their failure to do so.
When the government is ordered to pay they should pay and they should pay promptly. As citizens we have to pay utilities or face disconnection of services provided by the government if we are weeks late. As a business owner you can’t get business licenses renewed or a Customs bond renewal if you are a licensed manufacturer under the Act until you pay the government its taxes.
We expect the government also to learn from their mistakes, errors in judgment on flat out breaches of civil rights and liberties. So it shouldn’t take the government years and years to settle a judgment against it when the very judgment was awarded because of inexcusable delay in the first place.
It’s now all out in the open that the past government failed to budget for these judgments. Could this also explain why judgments under former governments also went unpaid for long periods of time, budget after budget after budget?
This type of inexcusable delay is not new. Successful Litigants against the government have been bowing and scraping at the feet of government personnel since time immemorial begging, following up or paying for favour to get money they are lawfully entitled to.
The question for us as citizens is whether any government’s failure to account for debts ordered by the court to pay was willful and contumelious.
Was this failure to settle these judgements tantamount to a system thumbing its nose at the judiciary and also to the Constitution?
To know that a debt had been ordered to be paid by the Court and to have the means and deliberately, willfully and contumeliously fail to make provision to pay would be circumstances for which, if done by an ordinary citizen, would expose him to penalty for Contempt of Court. 
How do we punish this type of Contempt of Court committed by the government of the day? How do we hold government accountable for ensuring that the AG’s emphatic statement that these judgments “have to be paid” comes to fruition? How do we ensure that this government pay judgments and not mere lip service? How does this government avoid getting sliced by the same sword it’s now wielding?
As 2022 rolls in, can we all now expect and demand that all judgments be allocated for in the next and ensuing budgets and supplementary budgets? Can we all now expect them to be paid promptly now that the AG and the PM have exposed this failing of the former government? Can we demand and expect that they will do differently? Is there something else besides advocacy that we in the legal profession can bring to the table to help solve this vexing problem and erase this sore from the health of our legal and judicial system?
Settling judgments should be an urgent priority for this and all governments. Unlike contracts where parties can negotiate themselves into and out of commitments, once the matter becomes a judgment or a court order there is a mandate of one of the three branches of government.
I am grateful that this Attorney General is committed to purging the government’s existing contempt of court in settling its outstanding judgment debts. As an officer of the Court there may be ways that working with the Attorney General can help to bring about reform in a meaningful way. However much of the heavy lifting has to be done internally.
Civil matters go to court that should be settled. Criminal matters are thrust needlessly into the system without ample regard for due process. Money judgments increase exponentially by interest added on with the passage of time. Matters linger in the system too long, and all of this is at the expense of the taxpayer.
These are but a few of the many ways in which delays in the delivery of our system of justice results in justice denied.
So let’s not whine about problems we can fix. Just fix it.
Photo Caption: Senior counsel and former President, Bahamas Chamber of Commerce and Employers’ Confederation Tanya Wright applauds the attorney general for saying judgments against government must be paid, but wants to know where is the money which was promised to pay outstanding judgments, why there are years of delays as lives of those who deserve justice remain upended and what can be done to fix the system. If there is a problem, there is a solution, she says.
NASSAU, Bahamas — Caribbean Bottling Company (CBC), local producers and distributors of Coca-Cola and Dasani products concluded their 10 weeklong Twist To Win campaign with four $5,000 Mall at Marathon shopping sprees.
The campaign which was available throughout the entire Bahamas allowed consumers to enter by purchasing a 20oz bottle with a yellow cap
from the following brands: Coca-Cola, Coca-Cola No Sugar, Sprite, Fanta Orange, or Fanta Grape. Each yellow-cap had a unique alpha numeric code underneath which they submitted to the Twist To Win WhatsApp number.
With each qualifying purchase, participants residing in The Bahamas were entered to win instant prizes and into a grand prize draw to win one of four $5,000 shopping sprees at the Mall at Marathon.
Participants also enjoyed exciting instant prizes such as: Airpods, JBL Speakers, premium Coca-Cola merchandise, $500 Visa gift cards and Amazon, Spotify and Apple Music digital gift cards.
Out of 76,000 plus submissions, Brian Bethel, Ashia Demeritte, Merlin Adams, and Taraceta Neely won the coveted Mall at Marathon shopping sprees at the following select stores, Kelly’s House & Home, The Sports Center, John Bull, Brass & Leather, and BTC.
Leading up to the grand finale shopping spree, Coca-Cola hosted a Trivia Showdown with the eight finalists to determine the four winners. Finalists were tested on their knowledge of World History, Pop Culture, Caribbean Bottling Company and Coca-Cola Facts!
After a few rousing rounds of trivia, the four winners were declared after each winning their spot in the shopping spree by answering their questions correctly and choosing the “Grand Prize” Coca-Cola labeled bottles at random.
The morning of the shopping spree Coca-Cola gave the winners exclusive access to the Mall at Marathon and its participating stores before
their usual operating hours. Grand prize winners were greeted with wide smiles from Coca-Cola brand representatives and morning bites before the big event.
At the start of the thirty-minute clock the grand prize winners along with each of their Coca-Cola shopping assistants ran to the various stores collecting items in their arms and carts.
Merlin Adams, a husband and father of four was proud to have executed his game-plan at the end of the shopping spree. With toys, a new phone and materials for his home from Kelly’s, Adams felt accomplished in what he gathered.
Taraceta Neely, a winner from Eleuthera collected beautiful bags for herself and relatives from Brass and Leather and Brian Bethel bought matching athletic and outdoor wear from The Sports Center for his family.
The final winner Ashia Demeritte bought linens and household items in addition to a new phone from BTC right in time for Christmas.
Caribbean Bottling Company is proud to share the real magic of Coca-Cola with the grand prize winners and the may instant prize winners across the Twist To Win campaign. For more updates on new products, promotions, and events follow www.cbcbahamas.com.
Bahamas News
The Coca-Cola Art Project Astonishes Art Lovers at The Bahamas Culinary & Arts Festival
NASSAU, Bahamas — Caribbean Bottling Company (CBC), local producers and distributors of Coca-Cola and Dasani products displayed
their astonishing Coca-Cola Art Project (CCAP), during Baha Mar’s five-day Culinary & Arts Festival. Earlier this year, Coca-Cola partnered with The University of The Bahamas’ Visual Art and Design Department for a culturally rich art competition. UB’s art students were challenged to create pieces surrounding the theme, Bahamian music.
As a result, 20 student works of art were made, with four students declared as winners at the CCAP exhibit opening in Baha Mar’s ECCHO: Art Gallery in August. To recreate the culturally stimulating magic felt at the exhibit’s premiere, the CCAP was featured at the FUZE Art Tent during The Bahamas Culinary & Arts Festival.
Nine incredible pieces of art lined the walls of the Coca-Cola Art Project, four of which included the winning pieces from Jhanaisia Cole,
with ‘Gaulin Bride’; Alyssa Pinder, with ‘Shotgun Wedding’; Nelson Gray, with ‘Untitled’; and Jaela Bowe, with the piece ‘Whims of Obeah, a Folktail’. Additionally, an intimate listening room was built. It displayed students’ artistic processes, UB Visual Art and Design representatives, and a recap of the exhibit opening for audiences.
Art enthusiasts also enjoyed premium limited-edition CCAP keepsakes at the booth. Journals which featured a collage of all 20 student submissions on the front and back cover, postcards with an art piece on the cover along with the student’s name, title, dimension and materials on the back and pens designed with the CCAP’s dynamic logo.
Throughout the art festival diverse groups of people visited the art tent taking in the displays while enjoying the artistic insights from the
listening booth.
Community and culture are always at the forefront of Caribbean Bottling Community, and it was boldly showcased during The Bahamas Culinary & Arts Festival for the third consecutive year.
For more details on the Coca-Cola Art Project, events and new products visit www.cbcbahamas.com today!
NASSAU, Bahamas — Caribbean Wines & Spirits (CWS), The Bahamas’ premier wines and spirits distributor delighted Jollification
attendees with bubbles from their Bottega and Bouvet Ladubay sparkling wines and Besserat de Bellefon champagne lines.
Located in the Monument Circle on The Retreat grounds, CWS transformed The Retreat Garden into a lush lounge with Besserat, Bouvet and their latest product addition, Bottega, during the two-day affair.
The festivities kicked off Friday during BNT Member’s Night. Guests enjoyed exclusive offerings from CWS’s catalogue, offered exclusively to members. Complimentary mixes or glasses on the rocks included El Tequileno tequila, Hard Truth whiskey, House of Angostura rum, Cross Keys gin, Nemiroff vodka and a slew of wines such as Fonesca Bin, Bottega and Besserat.
Guests also savored the ‘Jolly Paloma’ cocktail, an instant favorite made with El Tequileno tequila, Schweppes Grapefruit and Domaine de Paris rose wine. To end the night, guests were treated to branded limited-edition wine tumblers as keepsakes.
On Saturday and Sunday, Jollification attendees delighted in glasses or bottles of champagne and sparkling brut or rosé wines while taking
in the comfort of the chic lounge. In addition to purchasing bottles for onsite consumption, consumers were also able to purchase bottles as gifts whether for themselves or someone special.
The sophisticated “bubble lounge” lounge was decked with velvet couches, gold rimmed cocktail tables, blue and pink pillows, and a white floral branded backdrop created for capturing the perfect picture.
Caribbean Wines & Spirits, a historic partner of the Bahamas National Trust was pleased to support Jollification 2025 to kick off the festive season and share their expansive range of spirits.
To keep up to date with all CWS products and events, visit their website at www.cwsbahamas.com today.
