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 Wines & Spirits (CWS), The Bahamas’ premier wines and spirits distributor is proud to announce the launch of Monument Beverage Co., its newest 100% locally produced ready-to-drink alcoholic cocktail.
Monument, “Made to Celebrate”, perfectly encapsulates everything the brand represents. Created and distributed by CWS, Monument is
inspired by culture, crafted with excellence and bursting with innovation.
This unique beverage celebrates island living with three bold flavors, Ginger Lime, Peach Passion and Melon Fizz. All of which can be enjoyed at an ABV of five-point-two percent.
The brand’s creativity really shines through each can’s packaging. Bold colored stripes, cherished native flora and fauna and of course, national monuments can all be found on each can.
The beverage’s two year plus development is a testament to CWS’ dedication to quality and innovation. Countless hours of tastings, reformulations, focus groups and package design reviews all paid off with the creation of Monument.
Karla Wells-Lisgaris, Chief Commercial Officer of Caribbean Wines & Spirits and Caribbean Bottling Company (CBC), local producers of Coca-Cola and Dasani products, shared what this authentically Bahamian made product launch means for the company.
“When we were conceptualizing Monument, we wanted to create a product that not only tasted like The Bahamas but would be an ode to the
nation as well. With those two thoughts in mind, I, along with a team of experts, created three incredible flavors we believe really connect with and celebrate the essence of island living,” she said.
“Additionally, being that Monument is the first product to be 100% manufactured by Caribbean Wines & Spirits, we really wanted to ensure that both the flavors and packaging honored our rich heritage. On each of the cans, you can find various monuments such as the Nassau Public Library in New Providence, the Garden of the Grove in Grand Bahama and the Hatchet Bay Silos in Eleuthera; all of which pay homage to our diverse Bahamian heritage.” Wells-Lisgaris concluded.”
The historic monuments found throughout our islands are more than places we pass every day; they are reminders of who we are, where we’ve come from and the stories that connect us as Bahamians.
Monument is perfectly formulated with quality ingredients, and each can celebrates a collection of these cultural icons from across The Bahamas.
Whether chilling solo beachside, gathered around a family table or backyard a grill with friends, make Monument your sip of choice. Monument is made to celebrate, visit www.cwsbahamas.com today for more details.
NASSAU, Bahamas —– Caribbean Bottling Company (CBC), local producers of Coca-Cola and Dasani products, is proud to crown Lady
Kayla of Exuma as this year’s annual Bahamas Goombay Punch Cup winner.
CBC created the Bahamas Goombay Punch Cup to further the advancement of sailing and Bahamian culture through monetary and social support. The competition judges the skipper’s performance across three regattas, The Best of the Best, the National Family Island and Long Island Regattas.
The winning sloop led by Kianno Hutchinson and Joss Knowles showcased their skillmanship in the E-Class category across each round of competition. In addition to winning the trophy, the skippers were awarded a $5,000 donation, an $8,000 stipend to the junior sailing club of their island and a limited-edition Lady Kayla Bahamas Goombay Punch commemorative can, which will be released soon.
Jonathan Thronebury, Marketing Director of CBC shared the significance behind The Bahamas Goombay Punch Cup.
“The Bahamas Goombay Punch is more than a beloved local brand; it’s a vibrant part of our cultural fabric. Just like sailing, our national sport, it carries a rich legacy that spans generations. Recognizing this shared history, we’re proud to support initiatives that celebrate and advance Bahamian culture,” he said.
Hutchinson and Knowles shared what this win meant for them.
“I felt super proud when I realized we won. I am grateful and thankful to God, for good coaches and Joss. It was really an honor winning the
Bahamas Goombay Punch Cup,” Hutchinson expressed.
“I am very honored to have been able to compete in the Bahamas Goombay Punch Cup, I think it is a great concept and idea for a competition and really adds a new motive throughout the regattas. The whole championship was super competitive, and every single race was a fight. Alvington McKenzie was extremely competitive and had us until the Long Island regatta, which made it a very fun and tough competition. Very excited to have been the winner of a super close championship,” Knowles revealed.
Lady Kayla’s owner, Dallas Knowles, shared the team’s winning strategy.
“In sailing consistency is key and our guys in Lady Kayla are some of the best in the business at staying near the top. In the end, that was enough to secure their first Bahamas Goombay Punch Cup win. We are so proud of Joss and Kianno for what they have done in Lady Kayla. Thank you to Caribbean Bottling Company for such an amazing and forward-thinking initiative,” Knowles shared.
The Bahamas Goombay Punch Cup is proud to continue its impact on sailing and community building through clean and fair competition.
For more updates on the Bahamas Goombay Punch Cup and Caribbean Bottling Company visit the website www.cbcbahamas.com today.
NASSAU, Bahamas — Caribbean Bottling Company (CBC), local producers of Coca-Cola and Dasani products, is proud to once again support Basketball Smiles for their 27th year.
Upholding its corporate pillar of community outreach, CBC proudly donated $2,000, over 75 cases of Dasani, Powerade and Sprite, reusable
Powerade water bottles and numerous marketing materials.
The annual sporting summer camp offers free basketball and life skills training to Junior and High School students.
Basketball Smiles’ mission of developing leadership qualities while fostering children’s academic achievement and self-esteem aligns perfectly with CBC’s commitment to supporting and empowering youth.
Jazmin Darling, Assistant Marketing Manager for Caribbean Bottling Company shared why the company continues to support this program each year.
“At CBC, we believe investing in our youth is one of the greatest ways to strengthen our communities. We’re proud to support Basketball Smiles each year because it goes beyond the game. This program champions healthy lifestyles, positive values and brighter futures. It’s a privilege to play a role in helping these young athletes reach their full potential each year,” she shared.
Sam Nicholls, Basketball Smiles Camp President and Founder expressed.
“Caribbean Bottling Company is an incredible partner. We are truly grateful for their generous support, which will go a long way in making a positive impact on the lives of our campers,” Nicholls expressed.
CBC is always ready to lend its support toward initiatives and programs that uplift young Bahamians. The impact Basketball Smiles makes on the community is undeniable and is why CBC remains a historic sponsor.
For more information on sponsorship, events and new products, visit www.cbcbahamas.com today.
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