Bahamas News

The Ministry of Tourism has decided not to pursue the reintroduction of taxes imposed on complimentary hotel rooms, Tourism Minister Obie Wilchcombe has announced, placating longstanding concerns about it among local hoteliers.

Minister Wilchcombe made the disclosure as he addressed the closing ceremony of the National Tourism Conference on Friday.

The ministry had been considering reintroducing the tax as the Ministry of Finance sought the assistance of the Department of Hotel Licensing in closing the leakages created by the underreporting of various hotel properties for room tax purposes.

“I should wish you to know that the Ministry of Tourism does not intend to pursue the re-introduction of the complimentary room tax,” the minister announced.

“I do intend however to expand the scope of responsibility to Hotel Licensing. Its expanded role will include closer monitoring of our properties aimed at reducing the level of complaints by our guests.”

The Bahamas Hotel Association had been arguing about the inherent unfairness of penalizing hotels for contributing to marketing and promotional efforts, which generate additional revenue for the public and private sectors, and for providing complimentary rooms for charity and other goodwill reasons.

It reasoned that the industry would have been far better served if the focus were placed on enforcement efforts directed at those properties that may be abusing the system rather than discouraging those operators who are committed to revenue producing activities.

BHA officials had pointed out that competing destinations do not assess taxes on complimentary rooms for marketing or goodwill.

Newly elected Bahamas Hotel Association (BHA) president Russell Miller had explained that if imposed, the tax on complimentary rooms would have likely had a profoundly negative impact on hotel operators.

“All of the hotels (would be affected) by this at some point during the course of the year,” he said.

“Some participate more than others so there would be a significant impact to the industry and the hotels do not agree with this and would not like to have that put in place.”

He said that in addition to having to cover the cost of the room rate itself the hotel would also have to add on a gratuity and room tax for the complimentary rooms.

The gratuity added on is a flat rate across the board for all BHA hotel properties and is calculated according to the industrial agreement between the BHA and the hotel union, Mr. Miller explained.

The decision against imposing the taxes was made after an evaluation of the idea’s feasibility and desirability taking into account the priorities and differing interests of various industry stakeholders.

According to the latest data released by the Ministry of Tourism, up to last September hotel room revenue exceeded $302 million, a 5.6 percentage hike over the same period the year before. The room revenue collected for the month of September alone was over $14 million, the data showed.

By Tameka Lundy
The Bahama Journal

Chief Executive Officer of Jones Communications Network Wendall Jones said recently his company’s new television station, JCN Television, will easily be the CNN of the region when it hits the airwaves March 15.

Mr. Jones said the TV station will be free from political interference and will operate on a world-class scale.

JCN Television represents the third leg in Mr. Jones’ media enterprise, which also includes the Bahama Journal and Love 97 FM. Programming will air on channel 14.

JCN Television will be unlike any other local television facility in the market, according to Mr. Jones, who said he wants to set a new standard of excellence in television broadcasting in the Bahamas.

Mr. Jones attributed his company’s success to his highly trained news team, which he said is responsible for transforming the company into the tour de force that it is today.

He said his media empire has enjoyed tremendous success over the years thanks to the staff and said he feels confident that its success will carry over to television.

“I believe that the success that we have enjoyed over the years is due to the kind of employees that I have been able to surround myself with. It’s not just Wendall Jones; it is the hardworking staff of this company – whether they are in programming or in news or management. They have made JCN what it is today,” he said.

“And it is through this quest for excellence that successive governments have seen what we have been able to do and extended us the licenses to do what we are doing. So, I’m just the leader setting the vision and ensuring that people follow certain guidelines to achieve the vision that we have set for the company. We have a good idea of what the vision is for television and I believe people in the company have bought into the vision. With that kind of support behind me I believe the world is our oyster.”

Mr. Jones boasted that there is no other media company in the country like Jones Communications in terms of dynamics and quality programming.

“It’s the talent that we use on television that will make the difference. We are subscribing to a high level of production. Mediocrity will not be a part of JCN Television,” he said.

“We’re dealing with separate entities. Radio is what you hear; television is what you see. So, we are going to ensure that what you see is just as good or better than what you hear on Love 97. We have the talent here to make that happen,” he said.

By Rogan M Smith
The Bahama Journal

The housewife in The Bahamas is noticing that the price of eggs is increasing. US eggs, which are being imported and promoted as a specialty product, will cost more with each shipment. Bahamian eggs from local producers are holding steady at the moment because they fall under the price control mechanism.

On January 15, the price of carton of eggs at the wholesale rate was a $1.17 dozen. Ten days later, the price jumped to $1.32.When freight, duty (17%) and other handling charges are added, the price landed in The Bahamas is $51.69 per case (30 dozen). The control price, on the other hand, is $42.30, a differential of $9.39, almost $10 more. This past weekend some supermarkets were experiencing egg shortages, particularly those outlets which use US eggs to supplement the domestic supply. The price of US eggs had jumped to $63.00 per case, putting them at $21.00 above the control price.

The poultry industry has been hit by high feed costs. The reason for these high feeds is the competition between the poultry agribusiness and burgeoning ethanol industry for corn. Generally corn prices are around $2 plus per bushel; however, the ethanol industry is prepared to pay as much as $6 per bushel and still remain competitive.

Livestock which depend on corn as a feed ingredient will face escalating feed costs. Bahamians will experience a barrage of food price increases for poultry meat, pork chops, spare ribs, hamburgers, ham and steak. There is virtually no commercial livestock activity in the country; The Bahamas is totally dependent on imported meats and that makes us extremely vulnerable to the vagaries of the American supply chain on which we are dependent. 90% of our food is imported from the US.

Bahamians are already complaining about high food prices. This is the situation which eggs project and highlight our dilemma as a food deficit country. The table egg is the only commodity in which The Bahamas enjoys at a comfortable level of food security and a high degree of self-sufficiency. For months now, food importers have been undermining this agribusiness by importing a product which they have promoted as a specialty item, thereby taking market share from local producers and destabilizing their operations. With the high US prices, local food wholesalers and retailers are scurrying around and pressuring growers to supply them with product.

It will be interesting to know whether the Departments of Consumer Affairs and Agriculture respectively are monitoring these market conditions.

Sunshine Farms, Grand Bahama, the egg unit, is the sister company of Bahamas Poultry which specializes in broiler meat. In all of CARICOM, Sunshine Farms is the most mechanized egg operation and the processing equipment displayed is the most sophisticated in the hemisphere. After the last hurricane some three million dollars were invested in both Sunshine Farms and Bahamas Poultry in upgrading production and processing equipment.

Courtesy of the Bahama Journal

Spirit Airlines has increased its number of daily flights to New Providence from two to four, spelling good news for airlift to the Bahamas, according to a tourism official.

Director of Airlift Development in the Ministry of Tourism Tyrone Sawyer said with low cost carriers like Spirit Airlines expanding their schedule to include more flights to The Bahamas tourists would be more inclined to visit the country.

Spirit Airlines recently increased the number of flights between Orlando and New Providence and also between Fort Lauderdale and New Providence.

Mr. Sawyer said the low cost carrier also plans to add an additional flight from Fort Lauderdale to New Providence and another one from Orlando to New Providence in the near future.

“The increased airlift by Spirit will stimulate air stopover due to the fact that it is a low airfare carrier and its rates range anywhere from $39 and up to fly to Nassau. So with those rates and more scheduled flights that will attract visitors to our shores,” Mr. Sawyer said.

He said he anticipates that with the increased flights, other carriers would have to lower their prices to be able to better compete with the low cost carrier.

Mr. Sawyer said while the ministry is working to attract more airlines to The Bahamas, the country must maintain a balance with low cost carriers and legacy carriers.

“A lot of our legacy carriers like American Airline, Delta and U.S Airways do different things for us and they bring tourists in different ways. The larger carriers bring in more international tourists from connecting flights from their hubs and this is something the low cost carriers do not have the ability to do, so they each bring tourism to us in different ways. So it’s important to maintain that balance,” Mr. Sawyer said.

He said a plan to implement a non-stop flight from Panama to The Bahamas has been placed on hold for now.

Instead, Mr. Sawyer said Bahamasair has signed an agreement with Copa, the national flag carrier of Panama, so that passengers can connect in Miami and fly to The Bahamas aboard Bahamasair.

Mr. Sawyer said this agreement will be in placed until the airlines see that the Panama to The Bahamas direct route is profitable.

In addition to expanding its schedule, Spirit Airlines also plans to increase its fleet by an additional 30 aircraft.

Spirit Airlines announced last week that it ordered 30 additional airbus A-319 aircraft valued at $1.8 billion.

They are expected to come on stream between 2009 and 2013.

Sprit announced that with the additional airbus, increased service on existing routes and new destinations would take place. In its release, Sprit indicated that the new aircraft would be mainly used to service its international routes. “Sprit with hubs in Fort Lauderdale and Detroit has focused largely on expansion in The Bahamas, Caribbean and Latin America with prices that undercut competitors and promotions that offer seats for a few pennies, plus required fees and taxes,” the release said.

By Bianca Symonette
The Bahama Journal

Despite the uncertainties that linger, 2006 was a record year for tourism and 2007 is projected to continue building on that momentum, the world’s leading tourism organization has reported, predicting that this year will be the fourth of sustained growth.

The predictions were contained in a report released by the United Nations World Tourism Organization. The World Tourism Barometer stated that 2006 yielded 842 million tourist arrivals and a 4.5 percent growth rate.

“Despite downside risks facing global tourism twelve months ago – in particular terrorism, health scares due to avian flu and rising oil prices – 2006 was another year of good growth above the long-term forecast rate of 4.1%, backed up by one of the longest periods of sustained economic expansion, ” according to UNWTO Secretary General Francesco Frangialli.

Although there has been no disclosure of the specific figures, Prime Minister Perry Christie reported that more than five million tourists were again attracted to The Bahamas in 2006. The feat was apparently accomplished for the third consecutive year. There was also a reported high in earnings.

On the heels of what local tourism officials have reported was a successful week’s focus on the country’s main revenue generating industry, came associated pledges for even better efforts to improve the sector.

According to the World Tourism Barometer, one of the outstanding features of 2006 has been the continued positive results of emerging destinations, underscoring the links to economic progress. As one of the most dynamic economic sectors, tourism - it was said - has a key role among the instruments to fight against poverty, thus becoming a primary tool for sustainable development.

“By integrating sustainable tourism in the international development agenda, our sector can make a significant contribution to advance the Millennium Development Goals through a more moderate, solid and responsible type of growth,” said Mr. Frangialli.

“Three years ago world tourism began a historically new phase of growth, as it broke the barrier of 800 million international arrivals, growing more than 20 percent since then. Tourism continues to transform itself under pressure from its environment.”The report stated that in the Americas there was a 2 percent growth

Courtesy of the Bahama Journal

It has been three weeks since the New Year’s Day Junkanoo parade and no official results have been released, leading fans and Junkanooers to believe that the parade’s judging system is ineffective.

The Guardian took to the streets yesterday to get a reaction from members of the public on the delay of the official results.

“I don’t feel like these people know what it is they are doing. February is almost here. New Year’s Day is far in the past and the official results are not released yet. They are messing up Junkanoo and this has to stop,” said Clement Butler. “Something fishy has to be going on with this judging system. And this shows that the judging system is in a mess.” Jaquelle Adderley said, “I cannot think about anything that could keep the Independent Review Committee from making a quick and clear cut decision on who officially won the parade.” She continued, “Well, I would put it like this, most Bahamians don’t have any faith that the judges they choose for Junkanoo know what they are doing. And by holding off on making a decision, when Junkanoo was almost three weeks ago, Bahamians have most definitely lost their trust in the Junkanoo judging system.”

“There is a lot of stuff going on in Junkanoo. Junkanoo has become an economic thing. Once upon a time, Junkanoo was about culture. Now, it’s all about the money. It’s not about culture anymore,” said Bernard Kemp. “The face of Junkanoo is being changed, because with them taking so long to make a decision and holding back on the official results, it seems as though the judges of the parade have not done their job.” Edgar Moxey said, “I think at this late stage, it is totally ridiculous. By now we should have enough experience with Junkanoo to formulate what the criteria would be to win a parade and then release the results within a reasonable time. Even if there is a protest a window period for decision making should have been made.” Margaret Tynes said, “I am ashamed about what is going on. This type of slow and drawn-out decision making, makes us as Bahamians look as though we can’t do anything right. And it makes outsiders look at us as though we can’t run any type of efficient program.”

A gag order is in place for members of the Saxons and One Family Junkanoo Groups until the Junkanoo Independent Review Committee (IRC) finalizes their decision on the New Year’s Day parade. The IRC is an independent body that is appointed by the Junkanoo Committee of New Providence (JCNP) to evaluate the issues surrounding a protest, and make a final decision on the official results of a Junkanoo parade. The IRC committee is headed by former Attorney General Paul Adderley.

A source close to the Parade Management Team and the JCNP told The Guardian that the One Family Junkanoo group protested the New Year’s Day parade shortly after the unofficial scores placed the group in second position.

Despite the findings of the IRC, when the official results are released, many Junkanoo spectators told The Guardian they have lost their confidence in the judging system for the major parades.

By Lashonne Outten
The Nassau Guardian

A Police Corporal attached to the Urban Renewal Unit was arraigned on Tuesday before Chief Magistrate Roger Gomez in court number one on Bank Lane for the rape of a 16-year-old girl.

According to court dockets, 35-year-old Roosevelt McKenzie of Garden Hills allegedly forced the teenager to have sex with him on Wednesday Nov. 22 while in New Providence.

Corporal Mckenzie was not required to enter a plea. Chief Magistrate Gomez initially recommended that the case be tried in the Supreme Court, however prosecutor Althea Porter asked that the case be switched to court No. 5. A preliminary inquiry will be held when the matter resumes on Feb.8.

Mckenzie was granted bail in the sum of $10,000 with two sureties and was represented by lawyer, Willie Moss.

If convicted, Mckenzie could face up to seven years in jail as well as face disciplinary measures by the police force. According to Assistant Commissioner Reginald Ferguson, first time offenders are usually faced with a minimum of seven years in jail while repeat offenders are liable to be given anywhere from a minimum of 14 years to life for the crime of rape.

In another rape case 24-year-old Nimrod Thompson was not required to enter a plea when he appeared before Magistrate Marilyn Meers in court No. 5 on three counts: Robbery, rape and causing harm.

Thompson, a resident of Montell Heights allegedly broke into the house of a woman on Jan. 21,2007 located on East Street South with the intent to commit the indictable offense. He is also alleged on the same day and time to have had sex with the woman against her will and caused her harm.

Thompson who has previous convictions was not granted bail and was remanded to Her Majesty’s Prison until his case is heard again on April 26, 2007.

Also in court No. 5 on Tuesday, 23-year-old Stephen Davis from Kemp Road was arraigned before Magistrate Meers for unlawful intercourse.

According to court dockets, on Wednesday, Jan. 10, 2007, Davis had sex with a 12-year-old girl. He was not required to enter a plea. Bail was set at $10,000 and the case was adjourned until April 26, 2007.

Meanwhile in court No. 10 on Nassau Street, 21-year-old Johnny Beaubrim of Kennedy Subdivision was charged with the possession of an unlicensed firearm and possession of ammunition.

Court dockets indicated that Beaubrim was allegedly found with a black Austrian Glock pistol with the serial number BCTO76 on Saturday, Jan. 2007. He was not licensed to carry the weapon. He was also allegedly found with six .45 rounds of ammunition.

Beaubrim pleaded not guilty to the charges and Magistrate Guillimina Archer granted him bail in the amount of $10,000. The case was adjourned until May 2, 2007.

He was represented by lawyer, Jeff Farquharson.

By N. Thomas-Brown
The Nassau Guardian

The legal mesh ensnaring embattled US celebrity Anna Nicole Smith has acquired another knot – she is now being sued for unpaid legal fees by the first lawyers in the country to represent her.

But Ms. Smith’s current lawyer – who has always been authorized to accept service of legal documents on her behalf – says she may not pay.

He also says he has yet to receive any of the documents filed against his client by her former legal representatives, despite those documents being made public.

None of the documents, including a writ of claim, an affidavit and the attending order and a summons was served on either Ms. Smith or her legal representatives before being made public, according to Wayne Munroe.

Mr. Munroe responded to claims made by Ms. Smith’s former lawyers that she has an aversion to paying her bills, saying that media reports alerted him to the legal action Callenders and Co. has taken against their former client.

“It might appear funny, but that’s the reality of it – a lot of things with regard to this matter…we discover with the aid of the press. Sometimes the first time I know of something having happened – and a lot of matters tend to happen ex parte – is when a member of the press calls me for a comment,” Mr. Munroe told the Journal.

“But be that as it may, the circumstances [being what they are], as I say we would be very grateful to see a copy of any pleadings filed against our client and any order obtained, and any affidavit used to obtain that order.”

The action stems from what Callenders and Co. claim are unpaid legal fees. Mr. Munroe does not question that the firm is owed money for legal services rendered to Ms. Smith, but he pointed out that the bills presented for payment were not itemized.

Asked whether Ms. Smith would pay the Callenders’ bill, Mr. Munroe explained that as far as they are concerned, there are a number of steps to be completed before that can happen.

“First they’d render [the itemized bill]. In the correspondence…Ms. Marshall [Anna Nicole Smith] claims to have a claim against Callenders and Co. for breach of attorney-client privilege and breach of duty,” Mr. Munroe explained.

“[I wrote a letter in which I] request the itemized bill, and put [Callenders] on notice of that fact.”

In other words, Mr. Munroe contends that the award for the claim for breach of duty will offset the cost of the legal fees.

Callenders’ junior partner Tracy Ferguson, in a December 4 letter to Mr. Munroe, said Mr. Munroe’s request that the bill be itemized was “wholly inappropriate” as he and Callenders’ senior partner Michael Scott were co-counsel to Ms. Smith.

As a result, Ms. Ferguson continued, Mr. Munroe was “well aware” of Callenders’ “extensive attendances rendered in relation to matters arising out of the death of Daniel Smith, which was our primary remit.”

Mr. Munroe told the Journal that requesting an itemized bill was a matter of course.

“It’s the right of a client, when a lawyer delivers a bill, to have an itemized bill. [Such a bill] having been requested, we haven’t received one. Again we are grateful to the press for bringing things to our attention with regard to litigation upon our clients in the court,” he said.

As for service of the documents on him on behalf of Ms. Smith, Mr. Munroe pointed out that the door to his office does not require “buzzing” to open.

“We’ve never received that itemized bill at our request, and I’m told that they have filed a writ, and we’re kind of anxious to see it,” Mr. Munroe said. “I think my office is fairly easy to find – it’s not in a gated community and we have no bars on our doors.”

He noted that the point of writing letters back and forth is to settle matters. Once a matter is taken to the courts, he said, the parties must stand back and let the courts make the decision.

“We’re supposed to approach these things not precipitously,” he said. “Before you start suing people, you’re supposed to put all efforts to settle [matters].”

The first bill submitted by Callenders was for $72,282.65, apparently submitted on September 22. It requests payment for “professional services rendered by Michael Scott and Tracy Ferguson in connection with [the estate of Daniel Smith].”

Daniel Smith was the 20-year-old son of Ms. Smith, who died last September 10 in Doctors Hospital while visiting her days after she had given birth to a daughter.

Among the services set out in the first bill are various attendances at the house in counsel with [Ms. Smith] and Ben Thompson, continuous attendances at the Coroner’s Court, continuous attendance with respect to the estate of Daniel Smith, taking a statement from Howard Stern for a press release at Ms. Smith’s request, numerous telephone conferences with Mr. Stern, and attending to press releases with the media.

The bill also lists attendances and telephone conferences with Anthony McKinney (eventually co-counsel on the case) and telephone conferences with Dr. Cyril Wecht, the celebrity pathologist Callenders’ hired to do an independent autopsy of Daniel Smith’s body.

Dr. Wecht’s autopsy found that Smith died from complications due to the interaction of three drugs in his system, only one of which he was prescribed.

A Coroners’ Inquest into Smith’s death has at last been scheduled to begin on March 27, after the original date of October 23 came and went with authorities floating the idea that an inquest might not be needed.

According to an affidavit sworn by Ms. Ferguson, Callenders’ knows full well that Ms. Smith is “well able” to pay the bill she has been presented, “but that she has a total aversion to paying her bills and that she will seek to avoid paying the fees by any means that occur to her, including by sending her money in this jurisdiction abroad.”

As a result, Callenders secured an order from Supreme Court Judge Stephen Isaacs that Ms. Smith not be allowed to deplete her bank accounts at Scotia bank and Ansbacher (Bahamas) below $113,217.00.

Mr. Munroe pointed out that after severing the legal relationship, Callenders partner Michael Scott said on a number of occasions that the law firm’s involvement with Ms. Smith had been very limited.

He explained.

“Every client has a right to an itemized bill. One was especially necessary here because when certain matters arose, it was being claimed that Ms. Smith wasn’t being represented by Callenders. Specifically, Mr. Scott alleged that they didn’t represent Ms. Smith in the transaction with Ben Thompson. Then it was suggested that they only represented her sparsely in the permanent residence application,” Mr. Munroe said.

“I think the contention [is] that their representation really and truly was for the matters involving the inquest. Well there was a bill for a period before her son ever died, and so one would be very concerned to see what items were billed for there.”

Mr. Munroe added that Ms. Smith – whose whereabouts he could not confirm – was not overly bothered that her former lawyers are suing her.

“From what I can tell, she’s amused,” he said. “In terms of being overwrought by it, she isn’t. She takes it all in her stride.”

By Quincy Parker
The Bahama Journal

The developers of Eleuthera Properties Cotton Bay Villas announced on Monday that Phase I of the development will open a few months later than originally announced.

It will come less than two months after the development’s water and sewerage infrastructure is installed.

The opening of Cotton Bay’s 73-room resort was scheduled for May or June 2007, but on Monday Eleuthera Properties Chairman Franklyn Wilson disclosed that it is now slated to take place in November.

“Our general contractor had a personal medical challenge…We are now committed to have the first phase of the project opened before Thanksgiving of this year,” Mr. Wilson said.

Mr. Wilson made the announcement during a contract signing event for the installation of water and sewerage in the first phase of the project.

The contract was signed with Pro Line Underground Utilities and Construction, a 100 percent Bahamian-owned company headed by James Rolle.

Mr. Rolle explained that the $2 million agreement calls for a total of 58 manholes, the installation of over 11,000 feet of water main, about 8,000 feet of sewer lines, three pumping stations and four fire hydrants.

“We are indeed committed to complete these works before the agreed time of September 30, 2007,” he said.

“My company strives on doing quality work, and we have always endeavoured to maintain our excellent reputation which has followed us for the past 15 years.”

According to Mr. Wilson, subsequent contracts will be executed “in the very near future” for additional underground infrastructure work like electricity.

Cotton Bay’s Phase I will comprise two and three bedroom villas, 114 estate lots and a 26,000-square foot clubhouse.

Future phases will include an 18-hole championship golf course, wellness center/spa, additional real estate development and an expanded marina.

“What is happening in South Eleuthera is really awesome…This thing is having significant impact. There are now lines outside the bank. We see evidences of other businesses opening or expanding and this gives me a tremendous amount of pleasure,” Mr. Wilson said.

“…Because of what we are doing we are also increasing the viability of getting potable water in Rock Sound and Tarpum Bay.”

But Mr. Wilson also admitted the development company has faced challenges getting to this point.

“You would have problems meeting targets because people are busy. This is the biggest challenge right now – getting things done. Today, there is a serious problem,” he said.

Cotton Bay’s Managing Director Wim Steenbakker said the pace of construction will be critical.

“The community needs to grow with us rather than us getting ahead of the community. We have seen those mistakes elsewhere in The Bahamas like in Exuma. These small companies need to get off the ground, get the right people to work and that is what is happening with us,” he said.

“Now it’s a challenge to ensure that we have enough housing available for permanent employees…From the beginning, we have been focused on bringing people home to Eleuthera…And this is another milestone we are already looking forward to.”

Last month, Eleuthera Properties Ltd. launched an international design competition for architects under 40.

Applicants may submit a 3,000-sqare foot to 5,000-square foot one story or spilt level private resort home design.

The idea is to challenge architects to come up with the “perfect home” for the Cotton Bay community.

The first place winner will be awarded $5,000; the second place winner will be awarded $3,000 and the third place winner will be awarded $2,000.

The architect with the winning design will also have the opportunity to work with the Cotton Bay team.

The T. Albert Sands Award of $5,000 will be given to the best design submitted by a Bahamian architect, in honour of Cotton Bay’s late visionary.

By Macushla Pinder
The Bahama Journal

James Alexander Bain was arrested and charged on Monday with manslaughter by negligence, four and a half years after a boat he was driving slammed onto a Paradise Island beach, causing two-year-old Paul Gallagher’s death.

The British toddler was with his family on vacation at Atlantis, Paradise Island, when the horrific incident occurred.

An arrest warrant had been issued for Bain in November of 2006, according to authorities, but was not executed until Monday. The delay had caused Paul and Andrea Gallagher, the boy’s parents, to wonder whether Bain had eluded justice.

Bain, 29, appeared before Chief Magistrate Roger Gomez clean-shaven and well dressed. He was not required to enter a plea to the charge, and was granted $10,000 bail – without objection by the Crown – with two sureties.

Mr. Gomez had intended to require Bain to report to a police station every Saturday, but when Bain pointed out that he was a fisherman for Geneva Brass Seafood, the magistrate instead required him to surrender all his travel documents.

“Would I be allowed to have those back, sir?” Bain asked the court, to the exasperation of some in the court who sucked their teeth.

“You’ll be able to get your documents back at the end of the case,” Mr. Gomez told him.

Authorities, speaking on condition of anonymity, confirmed that the reason police had been unable to execute the warrant for Bain’s arrest was because he was out on the boat.

Last week, Director of Public Prosecutions Bernard Turner said that other evidence surfaced following the review of the local investigation by London’s Metropolitan Police. This resulted in the case being reopened.

“Other evidence came to light and other matters were done and the joint review with the Metropolitan Police took place, and as a result of that review a report was produced that first the investigation and the coroner’s inquest that took place in The Bahamas were looked at, and then certain decisions were made,” Mr. Turner told the Journal.

“…The warrant has to do with a decision relative to whether we saw a prima facie case of criminal culpability…I can state as a fact that a warrant has been issued, but in terms of discussing the evidence, I would never discuss evidence in respect of a particular matter.”

The boy’s mother, Andrea Gallagher, had welcomed the issuing of a warrant for Bain’s arrest, but insisted that the owners of the boat are just as culpable.

On Monday, Mr. Gomez set a fixture date of January 30 at magistrate’s court 10 at 10am. On that date the magistrate will fix a date for the preliminary inquiry, which will determine whether there is enough evidence against Bain for him to be tried in the Supreme Court.

Among the potential witnesses listed on the police docket are Paul Gallagher Sr., Evangeless Williamson, co-owner of the boat, Atlantis security guard Rory Saunders, and others.

Mrs. Gallagher told the Journal early in January that she welcomed the issuing of a warrant for Bain’s arrest, but also wanted to see the owners of the boat charged.

“They have to face prosecution because they’re the ones giving the authority to their drivers to use these vessels, to take them out for commercial purposes and to use them for tourists. They have to face charges, not just the boat driver,” she said.

“Of course, he was there, he drove the boat, but at the end of the day the owners are as much to blame as he is. So we want to see (the owners of the boat) face the manslaughter with negligence charges and go to prison.”

By Quincy Parker
The Bahama Journal