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, THE BAHAMAS — Some of the most successful and accomplished professionals and business leaders in the country
recently shared their experiences and nuggets of wisdom with students at University of The Bahamas (UB) about thriving in a wide range of careers.
The University Centre for Counselling and Career Services and the Career and Job Placement Advisory Unit collaborated to host the 2024 Career Symposium which brought students face to face with leaders in the careers to which they aspire.
Vice President of Academic Affairs, Dr. Maria Oriakhi, said the symposium was key to developing potential as university students strive to leave their mark on the world.
Ms. Rickell Curry
“In the spirit of collaboration and growth, let us engage in meaningful dialogue, cultivate relationships, and harness the power of collective wisdom to shape our futures,” said Dr. Oriakhi. “Together, let us embark on this journey of exploration and discovery, united in our commitment to realizing our fullest potential and making meaningful contributions to our communities and beyond.”
Promoting careers in psychology, Ms. Curry noted that psychologists are equipped with the ability to help others, troubleshoot areas of weakness within themselves, and become better people and professionals in the process.
“The floor is yours to be able to explore. There’s no job where you don’t have to deal with people, so learning, even if you get a bachelor’s in psychology, is a great grounding,” she said.
Dr. Darville, one of few interventional radiologists in The Bahamas, offered another nugget of advice on choosing an area of study.
Dr. Elizabeth Darville
“It is important to know enough about yourself in order to make the decisions you want to make,” said Dr. Darville. “You have to work on yourself first and know what you want to do. Radiology gives you a chance to have fun. It gives you a chance to mold your career closer to your personal life than other medical specialties might.”
Another growing field is project management which Mr. Hepburn called a life skill. He also urged a commitment to lifelong learning.
“Individuals that continue to learn become unstoppable, period,” said Mr. Hepburn. “It is so true. When you learn, you become unstoppable because nothing can stop you in your process of development.
Mr. Wellington Hepburn
“The more you know, the more valuable you are. We need individuals who are cross functional—that can operate in different capacities. So please understand that your learning should never stop.”
With small and medium-sized businesses helping to drive the economy at an incredible rate, Ms. Rolle affirmed the importance of entrepreneurship in any economy.
“When we talk about entrepreneurship, we usually look at it from a myopic standpoint,” she said. Ms. Rolle. “What do I mean by that? Small, but usually about self: ‘how do I make more money?’ And in some cases, some look at entrepreneurship as a way of survival. ‘I need to make a couple extra dollars, I have this bill to pay’. Those types of things.
Ms. Samantha Rolle
“But entrepreneurship really, in its truest form, is about innovation, whether it’s a new concept or any existing concept that you innovate new ways, or help expand the economy.”
The career symposium was held at the Harry C. Moore Library and Information Centre and is held every academic year.
PHOTO CAPTIONS
- Career Symposium 1: UB Vice President of Academic Affairs, Dr. Maria Oriakhi, delivers the opening address at the 2024 Career Symposium.
- Career Symposium 2: Students and guest speakers enjoy a lighthearted moment during the 2024 Career Symposium.
- Career Symposium 3: Ms. Rickell Curry speaks to students during the 2024 Career Symposium.
- Career Symposium 4: Dr. Elizabeth Darville delivers remarks during the 2024 Career Symposium.
- Career Symposium 5: Mr. Wellington Hepburn educates students on the importance of project management during the 2024 Career Symposium.
- Career Symposium 6: Ms. Samantha Rolle talks about the role and importance of entrepreneurs and entrepreneurship in any economy.
Office of University Relations
University of The Bahamas
2nd Floor, Michael H. Eldon Complex
Oakes Field Campus
P.O. Box N-4912
Nassau, The Bahamas
Tel: (242) 302-4355/4354/4365
Rashaed Esson
Staff Writer
#TheBahamas, April 15, 2024 – After years of thorough maintenance, The Thomas A Robinson National Stadium in The Bahamas is finally getting a multi-million dollar makeover, readying the 10-year old facility ahead of the World Athletics Relays on May 5, 2024; it is being staged in Nassau for the fourth time.
This $36 million refurbishment is being funded by the Chinese Government, as part of a vision to enhance the country’s sport infrastructure to benefit youths in athletics. The stadium was gifted to The Bahamas in 2012 by the Chinese.
The relay is the qualifying event for the 2024 Summer Olympic Games and there will be 32 national teams, in each relay event, and 20 races on both days of competition, according to World Athletics.
Day 1, will have 20 heats across the five Olympic-calibre events (4 heats each for 4×100, 4×400, men, women and mixed) and will qualify 40 teams for the Summer Olympics.
Distinctly, the top two teams from each heat will directly qualify for the 2024 Games.
On day 2, 30 more national teams will be qualified through 15 heats and five finals, across those five events.
The upgrades which include new trusses, rooftops, seats, the lawn, score boards, LED displays and more, are expected to be complete at least two weeks before the relays, being held under the theme: ‘Chase the Sun’.
In a special ceremony on Monday April 8, The Bahamas Prime Minister, Philip Davis said:
In December 2023, our shared vision took shape, as the government of the Commonwealth of The Bahamas, and the government of the People’s Republic of China, inked an implementation agreement for the renovation of the stadium. This gesture of goodwill and friendship, from the Chinese government to undertake the China Aid Maintenance and Renovation project of our national stadium, stands as a testament to the strong bonds that unite our countries. This project, executed by China Urban Construction Research Institute Company Limited, and the China Machinery Industry Construction Group Company Limited, reflects our shared commitment to excellence, innovation and mutual development.”
Additionally, H.E Dai Qingli, outgoing Chinese Ambassador to The Bahamas who also attended that ceremony, spoke.
“At the end of the project, the Bahamian people will get a fully renewed and modern world class stadium because everything is going to be either renewed or repaired,” she said.
Some 1,600 athletes will be in The Bahamas for the World Athletics relays, with five events. The Bahamas won the bid over Lausanne, Rome in 2022.
Mario Bowleg, Minister of Youth, Sports and Culture in reports, thanked China for their contribution to the redevelopment of the stadium.
“We thank them for their commitment to ensuring that they bring this facility back up to A1 standard so that we can continue holding international events and using these facilities as a development of our young people.”
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