GB Human Rights Assoc. Calls For AG’s Resignation:

Bahama Journal:
Nassau, Bahamas:

The Grand Bahama Human Rights Association released a statement on Wednesday calling for the resignation of Attorney General Allyson Maynard-Gibson, accusing her of "disrespectful behaviour" regarding the independence of the judiciary and comments in parliament regarding Supreme Court Justice John Lyons.

"The attorney general cannot defame a judge under the protection of parliamentary privilege," said Fred Smith, president of the Grand Bahama Human Rights Association.

"In addition, the Association calls upon the chief justice to bring Mrs. Maynard-Gibson, an officer of the court, before him to show cause why she should not be committed for contempt of court in making scurrilous and disrespectful comments about the Bahamian judiciary."

In a ruling on Monday, Justice Lyons accused Mrs. Maynard-Gibson of calling his integrity and reputation into question by saying in parliament that he had been misleading in a judgment he delivered on November 6.

In that judgment, and another delivered that same day, Justice Lyons accused the government of breaking the law by failing to appoint a commission under law to review the salaries of judges.

"In failing to comply with the Judges Remuneration and Pensions Act, the PLP government has shamed our democracy," Mr. Smith said.

"This is but one of the many examples of the PLP’s disrespect for the judiciary, the third branch of government. The Westminster model of constitutional democracy which governs The Bahamas depends on equal power and respect being shared by the executive, legislature and judiciary."

In addition, the Association called on the government to end the "pernicious practice" of appointing acting judges "who are beholden for their continuation in office or future permanent appointment to the arbitrary dictates of the executive."

Mr. Smith said, "It is time that the Cabinet and Parliament respect the judiciary as an equal branch of government. Our Association supports the position expressed by Justice Lyons and the position adopted by the Bar Association in defending the integrity and independence of the judiciary in The Bahamas.

"If we do not have an independent judiciary, there is no sense in having a chapter on fundamental rights and freedoms in the constitution."

23 November 2006

bahamian law