Fred Smith, I cannot help but take issue with your characterization of the constitutional crisis you have created with your efforts on behalf of the Bacons and Save The Bays.
Please tell the Bahamian public, why you found it necessary to create a constitutional crisis, in order to protect information that is deemed by the U.S. Treasury Department as information Save The Bays is mandated, by U.S. Treasury Regulations, to provide to the public.
Where is the great contribution to The Bahamas in that? How can you tell these usurpers of our democracy that they should be proud of creating a constitutional crisis over information that is by right the public’s business?
You asked questions in your letter to the editor. Well, here are the answers:
You asked, “Do persons in the Bahamas have a constitutionally protected right to privacy of their private email correspondence and financial information?”
Answer: Yes, persons in the Bahamas have a constitutionally protected right to privacy and their financial information. However, Save The Bays, as a 501(c)(3) does not have the right to privacy of their financial information.
Remember? The IRS requires,
“An organization exempt under 501(c)(3) must make available for public inspection and copying any Form 990-T, Exempt Organization Business Income Tax Return, filed after August 17, 2006.” (NonProfitExpert.com)
You asked, “If so, did the Government, through Cabinet Ministers Mitchell and Fitzgerald breach such rights inside and outside of Parliament?”
How can the Government through Cabinet Ministers breach rights that don’t exist for Save The Bays?
You asked, “Does the Constitution of the Bahamas and the Rule of Law prevail in the governance of an independent British Commonwealth nation which has a written Constitution, or does Parliament under the guise of exercising Parliamentary Privilege, prevail?”
There is no such thing as the “guise of exercising Parliamentary Privilege”. Parliamentary Privilege is or it isn’t. And in the Commonwealth Of The Bahamas, Parliamentary Privilege is! You know that Fred Smith.
You asked, “Ultimately, is the Bahamas governed by Parliamentary Supremacy (as in England which does not have a written constitution) or Constitutional Supremacy (as in the Bahamas which does have a written Constitution)?”
While you may ask a legitimate question, you have no right to belittle and challenge our democracy with such a bogus issue as the privacy of a 501(c)(3) as Save The Bays.
How dare you try to make THIS the basis upon which we examine our democracy?
You cannot have your cake and eat it too. You cannot make Save The Bays a 501(c)(3) to benefit your funders like hedge-fund billionaire Louis Bacon, and turn around and say Save The Bays privacy should be protected.
Fred Smith, you say, “The Court found that the Government acted in breach of Article 23 of the Constitution which protected Save The Bays’ freedom of expression and privacy by obtaining, possessing, reviewing and subsequently making disclosures of their private and confidential documents and information”
How can such a thing be the case when private and confidential information is subject to public review?
You make reference to this court order: “for the ‘permanent destruction and or deletion of all electronic files and or records as well as the destruction of the hard copies of all documents within 14 days’ of Save The Bays and Mr. Bacon’s documents”
Why is this necessary when IRS regulation states “501(c)(3) must make available for public inspection and copying”?
You opined, “This was a major victory for the Rule of Law and Fundamental Rights and Freedoms in the Bahamas. It also vindicates Save The Bays and its Directors and employees who were very much wronged by the Government in abusing their right to privacy both inside and outside of.”
Don’t conflate the two Fred Smith. Save The Bays as a 501(c)(3) does not have the same rights as individuals.
Fred Smith you are being disingenuous in saying that the Government’s reaction was due to a Supreme Court action launched against fashion mogul Peter Nygard.
You very well know that the Government’s reaction was in response to continuous attacks by Save The Bays who calls itself an environmental organization but acts like a political action committee and you yourself admitted to Save The Bays being a political organization.
So, how could you try to fool the Bahamian public into thinking that this is about Peter Nygard? Doesn’t the Government have a right to speak out when you attack it?
You say that “Peter Nygard’s political influence in the Bahamas is alarming and shocking!”
Where is the evidence to this Fred Smith? I don’t see any advantages given to Peter Nygard. In fact, it is Louis Bacon whose political influence in The Bahamas is alarming and shocking!” How many millions has Bacon given to the FNM, to news outlets, and to countless individuals to fight Peter Nygard?
Shame on you for perpetrating this lie! You and I both know the truth on this. Don’t make me spell it out for the Bahamian public.
On top of that, you attack the Government, challenge their right to parliamentary privilege, and then have the nerve to ask the question ‘why appeal the judgment’?
You ask if they want to be able ‘to boast internationally that the Government can unconstitutionally seize Save The Bays emails’. However, you are the one who ran to the international press to brag about challenging parliamentary privilege with respect to information that is by U.S. law the public’s right to know.
You have already embarrassed The Commonwealth Of The Bahamas and continue to do so every time you belittle our democracy and disparage our Government in such a way.
No wonder people question your ‘Bahamianism’. Where is your sense of pride Fred Smith?
You continue to pretend that Save The Bays and “financial businesses” are the same and that these businesses would leave the Bahamas because of the entire incident. Fred Smith,
The financial businesses that have invested in The Bahamas are not pretending to be charitable organizations with 501 (c)(3) statuses while really being a political organization like Save The Bays.
These financial businesses are not trying to hide information that they are required by U.S. Treasury regulations to disclose to the public—such as questionable alleged payments to various individuals—like Save The Bays.
These financial businesses are not running ads against the Government of The Bahamas and constantly attacking the Government of The Bahamas like Save The Bays.
These financial businesses are not representing one individual with personal vendettas against the Bahamas Government and Peter Nygard and using their businesses to act on the individual’s behalf like Save The Bays.
These financial businesses are not using taxpayer resources, wasting the courts time, and tying up our court system with a bunch of unfounded allegations like Save The Bays.
The financial services industry doesn’t worry about their confidential information and doesn’t compare themselves to Save The Bays because they are not a 501(c)(3).
So don’t conflate the two!
And of course the Government Of The Bahamas should appeal the ruling. What are you afraid of Fred Smith—your house that was built upon the sand falling to pieces?