NASSAU, BAHAMAS — Betty Bain, a retired Department of Immigration office manager of 45 years, admitted under cross-examination in the Supreme Court yesterday that she could not recall from memory interviewing a Jamaican woman and her Bahamian spouse as part of their spousal permit application more than 10 years ago.
The couple was accused of a fake marriage and the woman, Claudia Bethel, alleges she was raped by a senior immigration officer while in his custody.
Yesterday’s hearing was a continuation of a civil suit Bethel launched against the government after the sexual assault case was dismissed years ago.
Her lead attorney, Fred Smith, QC, cross-examined Bain before Justice Indra Charles.
Bain was responsible for interviewing applicants for spousal permits between 1997 and 2012.
Bain said she processed “a lot” of interviews, but could not recall an approximate amount processed each year. She said over the years, marriages of convenience persisted in The Bahamas.
Smith asked Bain if she was aware that the offense of marriage of convenience did not exist in up to 2012.
But Bain said she could not recall, though she believed that to be accurate.
Asked if she was told that or if it was a policy enforced by the department, Bain said she could not remember being told that.
She said interviews were conducted to the “best of our ability”.
She insisted she did not approve any applicants, but passed them on for the director of immigration’s consideration.
Referring to a signed interview document, which she held up and acknowledged as her signature, Bain said she was told to interview the couple and submit the application.
She said if any issue arose the applicant would come under further investigation, but that was not something she did.
Asked if she specifically recalled the interview with Bethel and her spouse, the witness said she could not.
“You would have no recollection of anything that happening in that interview,” Smith asked.
“No sir,” Bain said.
She acknowledged that her recollection was based on the documentation of the interview.
Smith asked if she could recall how the couple met, but the witness said she could not and would have to refer to the interview document.
Asked if she could recall who informed her of what specifically, Bain said she was unable to so beyond reviewing the document.
Smith asserted that the document did not specify whether Bethel or her spouse said what in the interview.
Bain said she knew she interviewed the couple, holding up the document that bore her signature.
“Before Ms Claudia Bethel signed this document could you recall if you read it to her,” Smith asked.
“No sir,” Bain responded.
She indicated that she asked the spouses to read the document for themselves before signing, noting she knew this was done as this was a standard practice done is all of her interviews.
“In all interviews, I did,” Bain said.
“So, you didn’t read it aloud to the spouses,” Smith continued.
Bain responded: “No, but I would ask them to read it to themselves
“You can’t remember anything about the interview, can you?” Smith pressed.
“No sir,” Bain said.
Smith also asserted that Bain’s affidavit gave the appearance that she had a specific recollection of the interview.
“But you don’t,” Smith put to the witness.
“I don’t,” Bain conceded.
The attorney said it was critical to determine who said what, and whether what the immigration officer wrote down was accurate.
“You don’t remember who said to you, the things that you wrote down,” the QC asked.
Bain said based on the interview sheet it was clear that she asked questions for the foreign spouse to answer, which she conferred with the Bahamian spouse.
She said: “I did the interview, I can’t run from that.”
She also told the court that she could not say which interviewee said what specifically to which time, insisting “that don’t make sense to me”, given the timeframe that has elapsed since the interview.
She insisted anything written on the interview sheet was provided by the interviewees.
Bain insisted she would ask questions of the foreign spouse, and ask similar questions of the Bahamian spouse for concordance.
Smith said there was no indication of Bain asking those ‘secondary questions’ to the Bahamian spouse.
Cross-examination continues on Monday.
