NASSAU, BAHAMAS — The Office of the Attorney General and Ministry of Legal Affairs has dismissed a legal opinion from former Deputy House Speaker Dion Smith regarding the prime minister’s failure to table financial reports relating to the government’s spending on coronavirus mitigation.
Smith called for Prime Minister Dr Hubert Minnis’ resignation over what he called a breach of the emergency regulations.
In a statement responding to the former MP, the government called the opinion false, insisting that there is absolutely no basis in law for the allegations made by Smith.
“The opinion and the conclusions drawn, and serious allegations of criminality made by Mr Smith and Leader of the Opposition [Philip] Brave Davis, are based upon a false premise,” the statement read.
“They are wrong in law and on the facts, and those false allegations expose both Mr Dion Smith and Mr Davis to possible liability in civil law for libel and possibly to criminal prosecution were a complaint of criminal libel to be laid by the prime minister against the said persons; and in the event of convictions, to the penalties set forth in the Penal Code for persons who commit criminal libel.”
Smith claimed that Minnis and former Minister of Finance Peter Turnquest violated the provisions of the Emergency Powers (COVID-19 Pandemic) Regulations, 2020.
He noted that Section 11(2) provides that the minister of finance shall within six weeks of the expiration of the proclamation of emergency lay a report before the House of Assembly detailing the total expenditure of the goods and services procured; the suppliers of the goods and services procured; and the reasons for the use of the suppliers of goods and providers of the services.
However, there have been three expirations of proclamation of emergencies and neither Minnis nor Turnquest provided the first two reports that should have been laid.
Smith argued that the pair both committed an offense by breaching section 11(2) and could be charged and tried for the same and if convicted, they would be liable to a fine and term of imprisonment or both.
“In The Bahamas, no one is above the law, and everyone should be treated equally under the law, just as everyone should be held accountable under the law,” Smith said.
“Consequently, because of the breaches, under the Westminster system, the most honorable thing for the offenders to do is to resign.”
The attorney general, however, insisted that the Emergency Powers Regulations empower the competent authority “by order” to waive procurement rules, which then obliges the government to make a financial report.
“However, the fact is that the competent authority has never issued any order to waive any procurement rules,” the statement added.
“A review of all the special provisions orders issued confirms that at no time did the competent authority ever issue any order to waive procurement rules. Hence, the legal obligation to make a report to Parliament never arose.
“The grievous allegations of criminality made against the prime minister and the former minister of finance are untrue, possibly malicious and devoid of any lawful justification.”
