Lawyer Fred Smith has filed a lawsuit in the Supreme Court against Immigration Minister Shane Gibson, the Director of Immigration, and the Attorney General for the alleged unlawful arrest and detention of a Bahamian citizen by immigration officials on Grand Bahama.
Mr Smith, an attorney at Callender and Co. has filed a writ on behalf of Lewis Alman, the plaintiff, who was arrested by immigration officials and forced into a van during the small hours on June 23.
Although Alman, 20, was born in England, his mother, who married an Englishman, is a Bahamian. Before his arrest, he had applied to be registered as a Bahamian citizen and was awaiting his certificate of registration.
In the writ, Minister of Immigration Shane Gibson is named as the first defendant, Vernon Burrows, as Director of Immigration, is named the second defendant, and the Attorney General is the third defendant.
The plaintiff's claim is for damages, aggravated damages, and punitive and exemplary damages for alleged assault, battery, false imprisonment, and breaches of his constitutional rights under Articles 15, 17, 19, 20, 27, 25 and 26 resulting from his unlawful arrest and detention at Grand Bahama Airport.
It also alleged that Mr Alman was subjected to inhuman and degrading treatment; and therefore, notwithstanding the knowledge that the allegations against the plaintiff were unfounded, insisting on continuing to wrongfully detain the plaintiff.
Mr Smith said that Mr Alman will also be bringing criminal proceedings against the individual immigration officers for alleged kidnapping, threats of harm, and assault and battery in the criminal courts.
Alman, who is employed at Kelly's Freeport Limited, returned to the Bahamas a year ago with his mother, Jennifer Alman, the sister of Freeport businessman Joe Thompson.
On June 23, Alman and his girlfriend were leaving the 'Feel the Rush' parade in downtown Freeport when a van pulled up and a swarm of immigration officers dressed in battle fatigues and armed with guns surrounded him and began questioning him.
Mr Alman and his girlfriend tried to explain to the officer that his mother was a Bahamian and that he was awaiting his certificate of registration for Bahamian citizenship.
"When I was approached. I volunteered to go and get the papers so I could show them. I had a copy of the letter from Immigration in my vehicle stating that they had no objection to my living and working in the Bahamas.
"Immigration would not let me approach the vehicle or get to my house or telephone to call a relative to get the papers."
Instead, Alman was allegedly handcuffed by officers and spirited away in an immigration van. He remained in the van for many hours as officers travelled all over Freeport randomly stopping people and seizing and detaining them.
Mr Alman was allegedly detained overnight in a cell by the immigration department for 10 hours. He was allegedly kept in handcuffs, in cramped and uncomfortable conditions, and was not allowed to call his mother or relatives.
His mother became very worried when he had not returned home, and was later informed by his friends about what had happened.
Mr Alman was released the next day following inquiries by his uncle Joe Thompson, and family friend Joseph Darville.
Mr Smith, who is also president of Grand Bahama Human Rights Association, said the action taken by the immigration officers was an abuse of Mr Alman's rights.
He said: "The law does not allow random questioning by officers of the state. We are presumed innocent and we do not live in an inquisitorial state."
Mr Smith said abuse by immigration officials must stop and called upon all Bahamians to decry this behaviour.
Although James Rolle. Deputy Director of Immigration, was very professional and apologised, Mrs Alman was very saddened by the entire ordeal.
"That night, I was just afraid. I was afraid for my son because I did not know why he had been taken. I thought a terrible mistake had been made. I thought if I took his papers he would be released. I could say it was a terrible mistake but I was not allowed to see or even speak to him. I was completely dismissed. They said nothing could be done until the next day. Mr Rolle was good. He got my son released. "There was no reason for him to be detained. He said a mistake had been made. It made me very sad as a Bahamian that my son is not welcome here. I think it is very wrong. This is our home. My entire family is here."
Mr Alman said the entire incident was very frightening and degrading.
"I feel they targeted me because I was white. They targeted me for their amusement. My car was parked near where they took me away. I told them I had papers in my car.
"I left England one year ago to return home. I consider Freeport my home. I returned to make a contribution to my community. This whole thing has made me feel very degraded. I was scared. "The Bahamas is supposed to be a first world country, a place where people can live without being in fear. Since I was taken away, I feel scared whenever I see a uniform. I have been afraid to travel. I do not know what they will try to do to me when I come back in.
"I no longer feel safe. I am afraid to go out at night, even to events like 'Feel the Rush'."
Chris Lowe of Kelly's described the alleged action of the immigration officers as "disgraceful."
"I have known the Lewis' family for more than 20 years. When he returned to the Bahamas with his mother he was employed at Keliy's.
"Personally. I think this is disgraceful. In this day and age we have people who will treat other people like animals."
He said it is disruptive to a company's operation.
"From the company's perspective, which offers benefits, statutory rights will not be denied by the company. We stand behind him as a company. We will allow him to pursue his statutory rights," he said.
By DENISE MAYCOCK, Tribune Freeport Reporter
