Fight Over Smith’s Baby Continues In Nassau Court Today:
By Quincy Parker -
Nassau, Bahamas:

Now that the focus of the legal morass left by the death of controversial Bahamas permanent resident Anna Nicole Smith appears to be shifting to The Bahamas, the media circus camped out in New Providence is only likely to grow.

A hearing is set to resume before Supreme Court Justice Stephen Isaacs today at which The Journal understands that the judge may consider whether to consolidate the matters relating to the paternity and custody of Dannielynn Hope Marshall Stern, the five-month-old daughter of Ms. Smith, who died in Florida on February 8.

Virgie Arthur, Ms. Smith’s estranged mother, flew back to The Bahamas on Friday accompanied by Texas lawyer John O’Quinn, who is expected to be present at today’s proceedings.

One of Mrs. Arthur’s Bahamian lawyers, Desmar Whitfield-Henfield, told The Journal what she hopes to achieve.

"Ultimately, Mrs. Arthur’s instruction to us is to secure the safe custody and guardianship of Dannielynn. So ultimately she intends to be the sole guardian – she is not interested in joint custody," Mrs. Henfield said.

"I suppose that’s reasonable. If you think you have good chances of securing sole custody as the grandmother, then why not go for it? I think that is her mindset right now, and that’s really what she wants to happen. She does not want (Ms. Smith’s companion and lawyer) Howard (K. Stern) to have custody of that baby for all of her beliefs and reasons."

Last week’s proceedings saw lawyers representing all possible sides of the increasingly contentious matter: Emerick Knowles was there for Ms. Smith’s ex-boyfriend Larry Birkhead; Wayne Munroe was there for Mr. Stern and Ms. Smith’s estate; Anthony McKinney was present, also for Mr. Stern; and Mrs. Henfield and her Halsbury Chambers colleague Jamal Davis represented Mrs. Arthur.

Even Godfrey ‘Pro’ Pinder was present, although his client G. Ben Thompson has only a peripheral interest in the current proceedings. Mr. Thompson, reportedly another of Ms. Smith’s ex-lovers, disputes the ownership of the Eastern Road residence called Horizons, where Ms. Smith had been living with her lover and daughter.

Mrs. Arthur’s return to The Bahamas followed the circus-like courtroom antics of U.S. Circuit Judge Larry Seidlin who, after hearing testimony from practically anyone connected to the litigation, ruled that a representative he appointed for Dannielynn has custody of Ms. Smith’s body.

Immediately after Judge Seidlin handed down his ruling, Mrs. Arthur’s lawyers gave notice of their intention to appeal the ruling, while at the same time, Mr. Birkhead’s lawyers filed for emergency paternity proceedings in Florida.

Broward County Judge Lawrence Korda, who is hearing the paternity matter, on Friday noted that he was not convinced that his court had jurisdiction to hear the matter, although he left the door open for the proceedings to continue.

Mrs. Henfield reacted to the Florida judge’s ambivalence in the paternity issue.

"By birth, the child has some standing in The Bahamas and because the child was born in The Bahamas the Florida judge believes he doesn’t have jurisdiction to order a paternity test because the child is here," Mrs. Henfield explained.

"Furthermore, there is an injunction in place that the child cannot leave The Bahamas, so taking all that into account he is very reluctant to make a decision, or make an order as to paternity being granted. I think he believes that the best jurisdiction for that determination would be The Bahamas."

Last Thursday, after the lawyers for all involved discussed "procedural matters" in the Bahamas proceedings, Justice Isaacs adjourned the matter to today, and continued the injunction preventing the child from being removed from The Bahamas.

26 February 2007