Appointment of new Barbados chief justice runs into legal snag
The appointment of a new chief justice of Barbados has run into a legal snag.
According to the Barbados Nation newspaper, on the eve of Chief Justice-designate Marston Gibson taking up the job, investigations have revealed that a challenge has been made to the pending appointment, since it does not appear that he meets all of the legal criteria to qualify for the top judicial post.
Gibson, who has been residing in New York for the past 20 years and has been practicing and teaching law there, was just two weeks ago in Barbados making final preparations to take up the vacant chief justice position.
But, reached over the weekend on Long Island where he lives and is Judicial Referee of the New York State Supreme Court, Gibson confirmed that a question had been raised about his qualification to serve as Barbados' chief justice under the Supreme Court of Judicature Act.
"My immediate response was to text and speak to the prime minister, Freundel Stuart, he explained without disclosing the details of the conversation.
He added, "I have also spoken to the Attorney General Adriel Braithwaite, and the position I take is that I am going to leave it in their hands.... I have not done anything and I don't know what they are planning to do.
"I am sure that in the fullness of time they would get back to me with the outcome of their discussions," Gibson said.
Under section 7 of the Supreme Court of Judicature Act, anyone who wants to become chief justice or court of appeal judge in Barbados must have been practicing for no fewer than 15 years in a Commonwealth jurisdiction, or serving during the prescribed period as a parliamentary counsel or as a professor or teacher of law at the University of the West Indies (UWI), or at a school for legal education approved by the Judicial and Legal Services Commission.
Gibson, a Rhodes Scholar with law degree from the UWI and Oxford University in England, had been poised to succeed the retired chief justice, Sir David Simmons, and was expected to take up office next month.
The latest development has reportedly reopened the door for the top judicial spot, with legal sources suggesting that Justice of Appeal Andrew Burgess was the front-runner.
Also mentioned as possible choices were Acting Chief Justice, Sherman Moore, and Justices of Appeal Sandra Mason and Peter Williams.
T&C in tax dispute with former US billionaire
The British Caribbean dependency of the Turks and Caicos Islands announced Monday that it has begun civil proceedings against a former U.S. billionaire who is fighting for what remains of his luxury real estate empire.
The territory's government claims Timothy Blixseth, founder of an uber-exclusive resort in the Montana Rockies that went into bankruptcy after he diverted hundreds of millions of dollars for his own use, helped conceal the true value of his private island retreat called Emerald Cay and significantly underpaid a stamp duty tax on the land deal.
Blixseth's Boston lawyer rejected the charge, however, accusing the Turks and Caicos of an "outright hold-up." He said his client would fight the case to the highest court in Britain, if necessary.
"This is an extortionate attempt to extract money from Mr. Blixseth because he owns property in TCI while the responsible parties -- the corrupt government of Michael Misick and the seller of the property -- appear to have played some role in the original stamp tax transactions," attorney Michael Flynn said Monday.
Blixseth bought the ritzy 5-acre island in the Turks and Caicos Islands in 2005, when the territory was governed by Misick, a high-flying former premier who is being investigated for the alleged misuse of public money and profiting from the sale of government-owned land to developers.
Widespread allegations of corruption against Misick and other local officials led British authorities to impose direct rule in August 2009.
The islands' current government asserts Blixseth paid $28 million for Emerald Cay while land transfer documents recorded the purchase at just $10 million. They accuse him and other defendants of conspiring to avoid payment of taxes of $2.73 million and instead paying $975,000. They are seeking an outstanding stamp duty of $1.75 million as well as a penalty of $7 million.
Flynn contends Blixseth does not owe the tax, never signed the land transfer document and is blameless in the entire matter. He puts the fault on the seller, Gary di Silvestre, and Misick's administration. He said Blixseth intends to "expose all of the corruption."
Blixseth's Emerald Cay property has a nine-bedroom mansion featuring a man-made sandy beach, several docks and a retractable bridge linking it with the island of Providenciales. Blixseth had planned to include the island in his Yellowstone Club World luxury residence group before filing for bankruptcy.
An advertisement in the Robb Report, a magazine that caters to the wealthy, once said Blixseth would accept $75 million for Emerald Cay or he would be willing to swap it for a Gulfstream jet or a luxury New York apartment. He later lowered his price to $48.5 million.
Blixseth was once proclaimed a billionaire in Forbes magazine's list of the 400 richest Americans. He founded the Yellowstone Club, a millionaires-only resort that counts former Vice President Dan Quayle and Los Angeles Dodgers owner Frank McCourt among its members. The ski and golf club fell into bankruptcy two years ago, and CrossHarbor Capital Partners of Boston bought the 13,600-acre resort for $115 million last year.
About 23,000 people live in the Turks and Caicos, a sparsely populated tourist destination and financial haven near the Bahamas. (AP)
Warner wants Digicel Cup added to FIFA calendar
Caribbean football strongman, Austin 'Jack' Warner, says he will urge FIFA to add the Digicel Caribbean Cup (DCC) to its international calendar.
Warner, who is president of CONCACAF, said there were problems with teams not being able to access their foreign-based players and this move would force clubs to release their players for national duty.
As it stands currently, the DCC does not fall within the FIFA calendar and clubs are not obligated to release players.
"I intend to approach FIFA with a proposal to include the 2011 dates of what has now become the premier football tournament in the region," said Warner.
"I have also heard the numerous complaints of our members over the difficulties they encounter in gaining access to their foreign based players during this competition. If we succeed in our quest to include the tournament in the FIFA calendar, then this challenge would be significantly reduced.
"This competition must be used as a device to propel our talent onto the world stage and by allowing our local federations greater access to their international talent we will ensure that the standard of the competition is lifted.
"We cannot and must not waste this glorious opportunity afforded to us, but we also must alter the rules of engagement to ensure our players are given the best possible opportunities."
The current situation meant that Trinidad and Tobago were without their top professionals from the foreign leagues and with only domestic-based players to choose from they slumped out in the group stages of the finals in Martinique.
Jamaica's Reggae Boyz, who won the tournament when they beat Guadeloupe in the final, were, however, boosted by the presence of their foreign players who had completed their campaigns in the American MLS league.
The Jamaicans though, were also without their British-based professionals.
Tremendous growth
A powerful FIFA vice-president, Warner said the Digicel Cup had grown tremendously and stressed the time had come to have the best players involved in what was the Caribbean's premier football tournament.
"The football has been truly exciting. The players have become more tactical and technical and have given to us a level of hope that we can raise our game to that of world competitors," Warner pointed out.
"The 2010 edition of this competition has truly marked the dawn of a new era in Caribbean football. Our players are developing and we as administrators must continue to pursue strategies which will foster further growth, we must all strive for excellence."
He said his vision was to ensure the DCC became a world class competition.
"Progress lies not in enhancing what is but in advancing to what it could be and we in the Caribbean will be transforming this competition into one comparable to all other international competitions," he said.
"No longer will we stand in awe and wonder after others for in the Digicel Caribbean Cup we can see our beginnings as a football region. No longer will we be intimidated by others because as we play together we grow stronger and become bolder."
The Digicel Cup serves as a qualifier for the CONCACAF Gold Cup with the top four teams automatically qualifying as the Caribbean representatives.
The Gold Cup will be played from June 5-25 in the United States next year.(CMC)
Minister of Finance meets with New Tax Reform Committee in preparation for new tax system in 2012.
Minister of Finance Hiro Shigemoto met on Monday with the soon to be established New Tax Reform Committee to discuss a plan of approach for the reform of the countries tax system by 2012.
Minister Shigemoto said the meeting that took place is part of the austerity package that was approved by the Council of Ministers in order to develop a tax system that takes into consideration the current economy.
"The country is at the crossroads. We have to have a balanced budget; and in order to balance that budget, we had to present an austerity package that includes over Naf.30 million in costs cutting measures and raising revenues by over Naf.40 million.
"Besides the aforementioned, stakeholders that I have consulted with to date have been informed that the increase in Turn over Tax is a temporary measure which would allow us over the next 12-months to develop a tax system that is tailored made to our socio-economic development," Minister of Finance Hiro Shigemoto explained on Monday.
The meeting was organized to outline the steps to be taken and the involvement of stakeholders in the process. "We want a tax system that is fair, simple, and progressive. The aim is to increase compliance as well. With our new tax system, there are many expectations in the business community as well as for the general public to have an efficient and effective system in place that covers our public sector expenses and services rendered to the community.
"It is imperative that the new system is in line with agreements made with Kingdom partners. Transparency of this process is key and Government wants as large a consultation as possible. The Government website (www.sintmaartengov.org) will be an avenue to be used to allow members of the public to provide suggestions about the new tax system for the country," Minister of Finance Hiro Shigemoto said on Monday.
The Department of Fiscal Affairs has prepared a plan of approach which will guide the process. Some of the issues to be dealt with are also the relationship with the North side of the island where double taxation is concerned and the exchange of information with the neighbouring islands.
"There is no ideal tax system, but with the input of all stakeholders, unions, business sector and members of the community, I am very confident that we will come up with a system that best suites our needs and requirements as a country," Minister Shigemoto concluded.
Members of the New Tax Reform Committee are Acting Secretary General of Finance Sherry Hazel, Senior Policy Advisor Ruth Boyrard-Brewster, Cedris Josepa and Sissy Fung from Fiscal Affairs and External Fiscal Attorney Judith Brewster, Inspectorate of Taxes Maria Bass, Island Receiver Minerva Gumbs, Economic Affairs Dijkstra, and representing the Head of Finance Cassandra Royer-Wilson.
Ministry Launches Suicide Hotline in the Bahamas
The Ministry of Labour and Social Development and the accounting firm, Grant Thornton Bahamas have partnered to launch a hotline during the months of December and January, to provide counselling and support to those experiencing difficulties during this time of year.
During a press conference on Friday, Minister of Labour and Social Development Dion Foulkes announced the launch of the hotline as a result "of the increased incidences of suicides and attempted suicides in The Bahamas in the past few years."
This year alone, there have been many reports of suicide and attempted suicide.
In fact, just last week, a 35-year-old man threw gasoline on himself and set himself afire.
It is no secret then that incidents like these are becoming more and more prevalent in today’s society.
As experts attribute depression as a major risk factor, especially during the holidays, the forged partnership between the Ministry of Social Development and the law firm is an effort to help mitigate any suicides or attempted suicides over the holiday season.
"This initiative would operate through the existing hotline 322-2763 operated by the Department of Social Services," said Mr. Foulkes.
"Twenty one counsellors will man the hotline to receive calls from people who feel depressed or are concerned about what is going on in their lives."
The 21 trained counsellors will be supported by the Department of Social Services as well as Dr. Kirk Christie, psychiatrist at the Sandilands Rehabilitation Centre.
They will be provided with cell phones specifically for answering calls from the hotline and Grant Thornton will provide a weekly stipend to the counsellors.
"What we are doing as a result of discussions is simply expanding the existing hotline" said managing director of Grant Thornton, Paul Gomez.
While the hotline has been in existence for quite a while, officials are hoping to revamp the whole process.
"All we are doing is simply expanding what is already in existence," he said.
Dr. Christie said his department sees many cases of failed suicide attempts and parasuicide – suicide attempts or gestures of self-harm where there is no actual intent to go through with it.
"There are stress related issues related to the Christmas holiday season, such as persons who may have lost a loved one during this period or just before the holiday and these are all precipitating factors which cause persons to become depressed," said Dr. Christie.
He further said that in 60-70 per cent of completed suicide those persons have underlying major depressive disorders.
Officials say that after the two-month period, an assessment of the initiative will be conducted to help determine if it should be continued.
It was also announced that BTC has committed to help introduce a national hotline that would be a 1-300 number and would be made available by the Department of Social Services.
Individuals who may be experiencing difficulties and are in need of counselling or support are asked to call the hotline number at 322-2763.
Police had Busy Weekend Investigating Armed Robberies.
The Police Special Robbery Unit over the weekend have been quite busy investigating several armed robberies and at least one attempted armed robbery.
A man with initials S.H.P. filed an official report with detectives stating that on Friday evening at approximately 09:00 p.m. while walking on the boardwalk he was suddenly attacked from behind by two unknown men and forced to the ground. A third man came and stole his wallet containing some cash, credit-cards, identification card and his Black Berry Bold II phone.
Another man identified as D.A.Q. filed an official report with detectives stating that on Friday evening at approximately 10:15 p.m. while on his way home from work and walking on the Simpson Bay road he was almost ran over by a white car. The car stopped at which time two young men jumped out. A fight immediately broke out between him and these two men when they demanded money from him. Two other suspects stepped out of the car got into the fight. The victim continued struggling at which time the suspects tried to him push into the trunk of the car, however that did not succeed. The suspects then fled the scene in their car and not being able to steal anything from the victim.
A man with the initials L.M.M. stated that on Friday December 10th at approximately 10:30 p.m. while standing and talking to a friend outside of Carolina Bar on the Soualiga road, he was approached from behind by two unknown men at which time one of the men pulled his gold chain from his neck. The suspects then took-off running through street next to the tennis court.
A man with initials O.T stated that on Sunday December 12th at approximately 01:30 a.m. while driving through Mullet Bay in his car, his path was suddenly blocked by another car. Four men jumped out of the suspected car and attacked him. He was pulled from his car, thrown to the ground and severely beaten by these men. They robbed him of his Cellular telephone, his vehicle and U.S. $ 400 in cash. The vehicle was later found abandoned.
Baby’s Death Under Investigation & Murder rate rises in Bahamas
Police received a call around 10:30 a.m. Saturday that a male infant was unresponsive.
The baby was taken to the Princess Margaret Hospital (PMH) via EMS personnel where he was pronounced dead.
Police said an autopsy will be performed sometime this week to determine the exact cause of death.
Investigations continue.
Firearm Arrests
Police confiscated three firearms this weekend.
The first arrest happened around 8:30 p.m. Saturday.
Officers from the Mobile Division were on routine patrol on Augusta Street when they spotted a man acting suspiciously. Police said when the man saw them he began to run.
Officers chased the man and later captured him. They alleged that he had two handguns and an assortment of ammunition on him.
The 28-year-old Quarry Mission Road resident was later taken into custody.
A 35-year-old man was also arrested Saturday night after police allegedly caught him with a loaded handgun.
Officers said he was acting suspiciously at the time.
The Dorsett Street, Fox Hill resident was arrested at Potters Cay Dock around 10:55 p.m.
Police Investigate Two Shootings
Police are also investigating two separate shootings that happened moments apart on the same street Friday night.
Police said the first incident happened shortly after 7:00 p.m. Friday.
According to police, a man was walking in the Eneas Street area when he was approached by an armed man with dreadlocks.
Police said the culprit fired gunshots at the man who was hit several times.
The culprit immediately fled the scene, police said.
The victim was later taken to hospital in an ambulance.
Moments later, around 7:30 p.m., another man was assaulted and shot while walking through a tract road on the same street.
Police said a group of people in a silver Honda car approached the man and fired shots at his left leg.
He was also taken to hospital where his condition was also unknown up to last night.
As of today the country’s murder count now stands at 93.