分类： society

The Court of Appeal in The Bahamas has issued a landmark ruling, declaring that neither the government nor Bahamian resident Dahene Nonard will be required to pay legal costs in a protracted citizenship case that has stirred controversy due to a delayed judgment issued by a retired Supreme Court justice nearly three years after leaving office. The decision, delivered by Justice Crane-Scott with the concurrence of Chief Justice Sir Ian Winder, Justice Charles, Justice Smith, and Justice Turner, emphasized that fairness and justice necessitated both parties bear their own costs. The court stated, “the justice of this particular case dictates that there be no order as to the costs of the appeal.”

The case traces back to 2013 when Ms. Nonard applied for Bahamian citizenship. After years of inaction, she sought judicial review and constitutional relief in November 2018, alleging the government’s failure to process her application. The matter was heard in February 2021, but the presiding judge reserved her ruling. It was not until August 2024, three years and five months later, that the judgment was delivered—nearly three years after the judge’s retirement. The government appealed, arguing the retired justice lacked constitutional authority to issue a ruling post-retirement. In July 2025, the Court of Appeal agreed, deeming the August 2024 judgment unconstitutional, invalid, and a nullity. The court set aside the ruling and remanded the case to the Supreme Court for rehearing.

The cost issue remained unresolved until the recent ruling. The government, represented by attorney Kayla Green-Smith, argued it was entitled to costs as the successful party. Ms. Nonard’s legal team, led by Frederick Smith, KC, countered that the delay and appeal were caused by the judicial system, urging no order on costs. Justice Crane-Scott acknowledged both parties as innocent victims of the delay, stating, “Neither the appellants nor the respondent are responsible for the delay which transpired after the learned judge reserved her decision in February 2021.”

The court highlighted that while the government technically prevailed on appeal, its victory was based on the judgment’s unconstitutionality, not the merits of its legal arguments. Justice Crane-Scott emphasized that applying the usual costs rule would be unconscionable, as Ms. Nonard had no fault in the delay. The ruling referenced section 30(1) of the Supreme Court Act and Rule 24(5) of the Court of Appeal Rules, which grant judges discretion over costs. It also cited precedents like Scherer v Counting Instruments Ltd, affirming that a successful party has no automatic right to costs, and each case must be evaluated on its unique facts.

A newborn baby boy, still with his umbilical cord attached, was discovered crying in bushes off Marshall Road yesterday morning as heavy rain began to fall. The incident has sparked a police investigation and widespread concern. According to authorities, the infant was found by a passerby, Acharro Gaitor, who alerted the police shortly after 9 a.m. Gaitor, who was in the area at the time, described the emotional moment of discovering the child. ‘I started praying,’ he told ZNS News. ‘That’s the first thing I did, and my prayer is that the child will live and represent the kingdom of God.’ Emergency medical services were immediately called to the scene, and the baby was transported to a nearby hospital. Police later confirmed that the infant was in good health despite the ordeal. Chief Superintendent Darron Nixon, the officer in charge of the Carmichael police station, issued a heartfelt plea to the baby’s mother, urging her to come forward. He emphasized that there are numerous resources available for women facing crisis situations. ‘Mothers should not have to endure this kind of trauma,’ Nixon stated. ‘It is a traumatic situation, and she needs to know that there is help available. We are not blaming her, and we hope she will come forward to us and let us know that it is her child. The child is still alive, and there is help for this situation.’ The incident has raised questions about the support systems in place for vulnerable mothers and the importance of community awareness.

Authorities have initiated an investigation into a suspected suicide following the discovery of a man’s lifeless body at a residence in Garden Hills early Tuesday morning. The incident unfolded at a home on Chenille Street, near Soldier Road, where distraught family members and friends gathered in an emotionally charged scene. According to Inspector Gerard Culmer, law enforcement was alerted by a family member who found the victim in a state consistent with hanging around 6:30 a.m. Emergency medical personnel reportedly made efforts to resuscitate the man but were unable to save him. The coroner subsequently pronounced the man dead. The circumstances surrounding the incident remain under investigation as the community grapples with the tragic loss.

In response to the impending threat of Hurricane Melissa, Prime Minister Philip “Brave” Davis has issued a mandatory evacuation order for over 1,400 residents in the southeast Bahamas. The order, effective from October 27 to November 1, targets vulnerable islands including Inagua, Mayaguana, Acklins, Crooked Island, Long Cay, and Ragged Island. Priority is given to the elderly, the sick, and children, with air and sea transportation provided to relocate evacuees to New Providence, where shelters and accommodations have been arranged. The decision follows consultations with the Disaster Risk Management Authority and the Bahamas Department of Meteorology, emphasizing the precautionary nature of the evacuation to ensure safety before conditions worsen. Forecasts predict hurricane-force winds, heavy rainfall, and storm surges of up to six feet in the southeast Bahamas. Supplies and emergency personnel have been pre-positioned, and all government agencies are operating under the National Disaster Response Framework. Deputy Director of Meteorology Jeffrey Green reported that Hurricane Melissa, currently a Category 5 storm with sustained winds of 175 mph, is expected to impact Jamaica, Cuba, and the Bahamas. Evacuation flights began early yesterday and will continue today, with over 370 people already relocated. Authorities anticipate the number of evacuees to exceed 1,400. Prime Minister Davis expressed solidarity with Jamaica, the Dominican Republic, Cuba, and Haiti, which are already experiencing the storm’s effects, acknowledging the fear and uncertainty such storms bring.