Many Bahamians feel Justice Jeannie Thompson is a danger to Bahamian society. The Court of Appeal apparently thinks so as well.
Yesterday, the appeals court strongly suggested that Justice Thompson excuse herself from any further proceedings in the case against drug accused Austin Knowles.
This comes as the appeal court overturned another ruling made by Justice Thompson in Mr. Knowles’ case which would have forced the Governor General Dame Ivy Dumont, Magistrate Carlita Bethel, the Superintendent of Prison and Foreign Affairs Minister Fred Mitchell to release all information regarding Mr. Knowles’ extradition.
The court pointed out that the ruling was not in line with the Constitution because the Constitution protects the Governor General from disclosing information relating to the function of her office and neither the courts nor the Privy Council could force such disclosure.
On May 24, Justice Thompson also ordered that the Governor General produce within 14 days all the documents within her possession or control pertaining to the appointment of Health Minister, Dr. Marcus Bethel, as acting Minister of Foreign Affairs in February of last year.
Justice Thompson had questioned whether the appointment was done correctly.
Dr. Bethel was appointed while Foreign Affairs Minister Fred Mitchell was out of the country and signed the authority to proceed with the extradition of Austin Knowles.
Justice thompson had ordered that the Governor General disclose all correspondence with the Prime Minister Perry Christie in relation to the extradition and that Mr. Mitchell disclose all receipts for his travel associated with the times the extradition was signed.
Editor’s Note: A local tabloid paper has reported that Minister Mitchell’s trip, at that time, was unneccessary and that initially the government did not have the money to fund such a trip. The tabloid reported that PM Christie suddenly “found” the money at the last minute.
The Appeal Court said yesterday that the argument made by Justice Thompson, that the Governor General is not the country’s head of state, was foolish.
Dame Joan Sawyer continued, “This order flies in the face of everything the judicial oath stands for. How can you order a minister to disclose the court documents in his possession? How could that be? It would not only be imnpossible in law, but you are trying to have him corroborate his own evidence.”
“Mr. Damien Gomez’ submission that this (Appeal)court has no jurisdiction has no merit. The appeal is therefore allowed and the order of the judge (Thompson) is set aside.”
“But we strongly suggest,” Dame Sawyer added, “that the learned judge recuse herself from the hearing of the proceedings”.
Source: The Tribune Newspaper
