Article Written by: Mrs. Tanya Cash
Email: tanya_cash@hotmail.com
28th November, 2010
Please allow me to express my opinion and very serious concerns in this wonderful forum.
It was indeed Bribery, when Judges of The Bahamas unlawfully accepted the Executive’s offer of salary increases, when the government both Administrations), in A.D., 2007, unlawfully passed a resolution increasing Judges’ salaries, a violation of the rule of law!
What is Bribery?
Bribery is defined as, an inducement, and enticement, accepting something of value, knowing it to be unlawful, and for favors to be done, for the individual(s) offering the thing of value.
Although, the Executive, the Government of The Bahamas, unlawfully passed resolution increasing the salaries of Judges, more shockingly, Judges of our Courts unlawfully accepted the offer of salary increases, of the Executive, knowing it to be unlawful, illegal, and a violation of the rule of law, according to former Supreme Court Justice John Lyons.
Justice John Lyons Ruled That The Bahamas
Government Broke The Law
In A.D., 2006, former senior Supreme Court Justice, John Lyons, during a civil hearing, in Grand Bahama, ruled that the Executive ‘Broke the Law’, by not Appointing a Commission (Independent), in 2003, and 2006, to review ‘The Remuneration of Judges’ Salaries, and Pensions Act’ , which makes the Judiciary of The Bahamas beholden (but I say, indebted) to the Executive, therefore, making the Judiciary of The Bahamas unconstitutional, not independent and not impartial.
Portions of Justice Lyons’ Ruling Further States that:
1)The Executive, the Government of The Bahamas, ‘Broke the Law’, in 2003, and in 2006, by neglecting or refusing to nominate a Commission (Independent)to Review The Judges’ Salaries and Pensions Act,under Section 4 of The Act, which is mandatory, and was enacted to ensure the independence of the Judiciary….
2) Cabinet has plunged the Nation, into a ‘Constitutional Crisis’.
3) The independence of the Judiciary is protected by the constitution, but that the Judiciary has been stripped of its independence, because the executive broke the law, and that this very serious problem which can only be corrected by ‘A Constitutional Amendment’ (a referendum would have to be called by the executive), and not by Legislation, nor by The Judiciary’.
4) That it is the only way a Judge can get a salary increase. That any increase must be done in accordance with the Independent Review Procedure……That it cannot be fixed by further Legislation to amend The Act, and that a Court Declaration cannot be made….That the Opportunity for The Appointment of the Independent Commission must be made within the strict time limit of Section 4, which is every three years (that is in 2003, 2006, and again in 2009).
When Justice Lyons made this shocking ruling, he adjourned the matter, shut down his Court room, while refusing to hear any other matters, and returned to Nassau until the Executive, corrected this very serious problem.
Prime Minister Hubert Ingraham Refuses to Call A
Referendum
Despite Justice Lyons’ Ruling, which, is still law, to date, Prime Minister, Mr. Hubert Ingraham, four (4) years later, is still refusing to obey the law, by calling a Referendum, to correct this very serious problem of the Judiciary, yet stating, that he would not call a Referendum, until after the next General Elections (2012), which, to me means, whenever he sees fit.
A Message To Prime Minister Hubert Ingraham:
Mr. Hubert Ingraham, you MUST obey the law of the land, you cannot just do whatever you wish, whenever you wish, sir!
Our Country is dying, people are hurting, while being oppressed and suppressed. Many cannot get justice, because of the unlawful, illegal decisions, The Government of The Bahamas, and our Judges continue to make.
It is wrong, Mr. Ingraham, for you to do whatever you wish, whenever you wish, to the detriment of our Country, and our people.
It’s upon you, sir, to do what is right, by obeying and enforcing the law of the land!
The Law, is to be obeyed by ALL, and not when we see fit, as no one, is above the law!
You may think you do not have to account to the people, who you continue to dictate to, speak down to, and apparently have no respect for.
But, one day, Mr. Prime Minister, you would have to account, for your actions.
For The Great One, who is a God of Righteousness and Justice, does not sleep, nor does He slumber!
Judges of The Bahamas Judiciary Completely Compromised
Former Supreme Court Justice John Lyons also ruled that:
It must be clearly understood that judges can only, as a matter of law, receive financial benefits (salary,pensions etc.) that have been recommended and given effect to, in strict compliance with the provisions of the act.
Should the judges be offered (or, worse still accept) any financial benefit not awarded, calculated or approved, other than in strict accordance with the act, they would be seen as getting a financial benefit not in accordance with the law.
Such a financial benefit would be contrary to law. The judge or judges on being offered such would be bound to reject any such offer, unless they be completely compromised. They would be breaking the law, if I could put it that way.
Please see The Bahamas Blog International: ‘Supreme Court Justice John Lyons Accused The Bahamas Government of ignoring and breaking the law’.
What Other Unlawful Acts Are Being Made By Those In Authority?
It makes you wonder, what other unlawful, illegal acts are being made by our Judges and by the Executive of our Country?
This is why our Country is in the state it is in, because persons, in authority, like our Judges and those in Government, too, are violating the law, while refusing to enforce the law of the land.
And We Wonder Why Our Country Is In The State That It Is In!
Both Administrations (PLP and FNM), even our Judiciary, continue to show utter contempt for the rule of law.
What is going on in our Country? It seems as if anything goes!
Didn’t an Anglican Bishop, some years ago, who was appointed to a Committee on Crime, not state that, ‘The Bahamas has a Culture of Dishonesty and Corruption?’
Huge Uproar as It Relates to Justice Lyons’ Ruling
There was a huge uproar, in our Country, as it relates to Justice Lyons’ Ruling, and with many having agreed with Justice Lyons, including the present Governor General of The Bahamas (Sir Arthur Foulkes), the former President of The Bahamas Court of Appeal (Justice Dame Joan Sawyer), the present President of The Court of Appeal(Justice Anita Allen), the former President of The Bahamas Bar Association (Attorney Wayne Munroe), the former Director of Prosecutions (now Justice Bernard Turner), Attorney Damien Gomez, other attorneys, and also Magistrate Rene Mckay, who had, for a short period, shut down her Court room, due to Justice Lyons’ ruling.
All Is Now Quiet!
But amazingly, as soon as the Judges/Justices unlawfully accepted their salary increases, from the Executive, ALL seemed to have gone quiet, real quiet!
We Must Demand Accountability From Our Leaders!
My Bahamian brothers and sisters, we must demand accountability from our leaders, before it is too late!
There must be an immediate Inquiry, by an Independent Body, into the illegal, unlawful acts of both the Executive (past and present), and the Judiciary of The Bahamas.
Local Ramifications
Locally, we are now feeling the ramifications of the illegal acts, being made by those in authority, who continue do whatever they wish:
i) Crime is out of control.
ii) Criminals are on a rampage.
iii) Our people are in great fear, because crime is out of control.
iv) Murderers and Rapists are constantly being let out on bail, by judges, while repeating the very same offences, while on bail, not having to truly face the consequences for their wicked, evil, actions, and making a complete mockery of the System.
v) There is vigilante justice in our Country, with
persons, unfortunately, taking the law into
their own hands.
Look Out Bahamas, International Implications Are
Coming!
Look out Bahamas, you may not see it now, but international implications, are coming, because of the illegal, unlawful actions of our leaders!
In 2006, Justice John Lyons ruled that the Judiciary of The Bahamas is UNCONSTITUTIONAL, NOT INDEPENDENT, AND NOT IMPARTIAL, yet our courts are still operating, as if, all is well.
Please see The Bahamas Blog International: ‘Supreme Court Justice John Lyons Accused The Bahamas Government of ignoring and breaking the law’.
Believe me, there will be ramifications!
Our leaders, very soon, would have to account for their actions!
We can no longer allow our leaders, to continue to do as they wish!
We can no longer afford to be silent!
We must wake up, now, before it is too late!
2012 Will Be Too Late!
My brothers and sisters, we must demand accountability, from our leaders, Now!
2012 will be too late!
Our Country, by this time, may already be taken from us, as we really don’t know what our leaders have done with our Country!
Please see: The Bahamas, The Next Turks AND Caicos’, on Bahamas Issues and Bahamas Press, or on my face book @ TanyapreciousangelofGodCash.
Wake Up Bahamas, before our Country is taken from us!
Wake up, before it is too late!
Our children, the next generation are dependent on us!
Mrs. Tanya Cash (A Very Concerned Citizen, House Wife, Mother)
