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Bahamas:
30th
anniversary of independence |
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The Bahamas government is talking about the outpouring of national pride in these days due to the 30th anniversary of the indpendence at 10th of July 1973 but this is quite different to what tourists and foreign investors are saying about this little island nation, claims Harald Fuhrmann, managing director of Bahamas Consult.
Once, long ago, the Bahamas had the notoriety of being a pirate-haven — when only the laws of the jungle prevailed and where one ventured at the very risk of one’s life. The British Crown appointed Woods Rogers to perform the Herculean task of cleaning out the place and bringing a semblance of law to its wayward colony. The history of the nation since then has been characterised by occasional piratical practices, such as gun- and rum and, most recently, drug-running. But, being now a sovereign and independent nation, the Bahamas has the responsibility for cleaning up its own house. It may have the assistance of the US in its interdictions of the modern-day pirates — the drug-runners and money-launderers — but it is this nation’s responsibility to enforce its laws and administer its justice in such a way as to protect its citizens and its guests and visitors.
In a community of this (small) size it is naturally difficult to get one lawyer to help one to bring one of his peers to justice. Foreign investors are claiming that most Bahamian lawyers have an international reputation for corruption and incompetence. Not even one lawyer, in the entire country, would question the actions of the attorneys who were involved in the injustices that foreigners encounter in The Bahamas. Despite all of the allegations of corruption and incompetence, not one lawyer or the Bahamas Bar Association would speak out for reform. We have to bring this to the worldwide attention that this situation will continue until the lawyers themselves realise their livelihoods are jeopordised, then maybe they will wake up and begin the process necessary to clean up their filthy industry.
Harald Fuhrmann
criticizes the Bahamas legal profession, most of the Bahamian lawyers
and at the top of them Alfred
Sears, Bahamas Attorney General, and Prime
Minister Perry Christie
educated as a lawyer as well. Both like confrontational politics and
they have the stomach for it. Both do what they want to do but for a
society only where a minority population controlls the wealth. Here is
no true democracy and no real space for foreign investments due to a
wide spread corrupt legal profession, Fuhrmann warns in a new
website foreign investors and tourists.
Mr.
Alfred Sears, foreigners have to quiver and quake before Bahamian
lawyers as if they were a stray dog. Why? You as the Attorney
General have finally decided that the AG's office needs to be cleaned
up. OK. You hired an attorney in the meantime to come in and assist. The
bad news: Where
is this “burning” assessment I have signed? Why do you hush up this
affair? Is the entire Bahamas legal profession guilty?
Even Bahamians claim the injustice in this little island nation. The Judiciary itself in this country has contributed towards crime increase more than any other system. Even though Government is responsible for this body in that they hire and appoint them, they err in not making them accountable. Government has been given the mandate to rule. And if there arises any doubt, we have a constitution which spells out the principles by which the governed are to be governed. Government is the Representative of the people. The Judiciary may be an independent body, but it is an arm of Government; because Government appoints the Judiciary. They are not elected. Since (government does not require the Judiciary to be accountable to her directly then the Judiciary is like a Law unto itself. The Judiciary should not be able to operate in a vacuum. Therefore the Judiciary should be made accountable. If the Government does not hold the Judiciary accountable then the inheritors of these Family of Islands, Rocks and Cays will hold them accountable for any lack of accountability on the part of the Judiciary.
There are three areas
in the country; because of hands on approach on the part of the Peoples
Representatives that have also contributed towards crime escalation. The
Security Agencies of the country needed over hauling, (and the
administration of the Police Force have moved in that direction);
Upgrading, and ongoing training, without ceasing, needs to take place. A
chain is only as strong as its weakest link. The Police are only as
strong as its weakest link.
And consider that investigators have named an acting Bahamian Magistrate in a corruption scheme, involving the "fixing" of hundreds of cases for instance. You read in the Bahmaina media that it is alleged that crooked court employees and corrupt employees from the Attorney General's office steer cases they need "handled" to this particular Magistrate's court. Evidence shows that the Attorney General's office has even asked other Magistrates to recuse themselves, from certain cases, so the cases can be transfered to the crooked Magistrate. The Magistrate drives an expensive foreign car and lives a wealthy lifestyle. Details of the investigation have been released to the Attorney General's office, but thus far the Attorney General has failed to respond, one might imagine.
Foreign investors call the Bahamian legal system a "whorehouse" because too many Bahamian lawyers are "corrupt" and "incompetent". And they accuse the Bar Association of being "ineffective" and corrupted by a "buddy system". They question the integrity and morality of many Bahamian attorneys and says the Bahamas ignores the "rule of law."
Some Bahamians want to keep the true horrors of our nation private, as if ignoring them will make them go away. Do these people really think it is more important to maintain the image of our tourism industry than it is to make the country a better, safer place for both Bahamians and visitors? That would be foolishly shortsighted.
Foreigners claim the injustice in the whole Bahamas legal profession – even they would have the impression that a ethics committee would not exist at the Bahamas Bar Association. Bahamians claim that the Attorney General, Mr. Alfred Sears, should be spending much more time in investigating the corrupt members of the Bar Association and his own dysfunctional AG's office, instead of wasting time investigating claims that we all know are true, but are too ashamed to admit. Announced results are up to now kept secret to protect various lawyers. Bahamas Consult warns serious foreign investors to beleave in any advertisements publishedby the Bahamas Investment Authority or the Bahamas Financial Service Board. The advicer points out that the killing rate the the Bahamas is already one of the highest in the world but one have to add these people who have been „killed“by Bahamian lawyers (when they do not represent their clients in a professional way before the courts), by Bahamian politicians (when they do not answer any claims) or by members of the Bahamas financial sector for instance (when they cause illnesses to investors which are stress related due to frauds which might have resulted in many million dollars being lost!) As a result of his experiences and contacts to various investors Harald Fuhrmann sees at least high risks for investing in The Bahamas.
Therefore Bahamas Consult describes this little island nation as a country where lawyers and politicians do not show any respect towards foreigners and sees the Bahamas in one row together with states like the former Irak and Lybia. Considering that the German advicer had contact recently to one of the directors staying in hospital and respresenting a international investor group Fuhrmann added „to those investors who died already due to stress related illneses we can´t talk anymore but involved Bahamians can sit together to celebrate the 30th anniversary of independence of the Bahamas – known as a corrupt place with an assortment of criminals involved in everything what can spoil other peoples lifes.
A party leader recently advised the government against sending mixed signals to the international community by expressing anti-foreign sentiments, associating with suspected criminals and shifting its relations with communist Cuba. He said when the Attorney General, Alfred Sears, refuses to prosecute a major drug case, the international community takes note. "When Cabinet Minister and government MP's promote anti-foreign sentiments the international community constantly takes notes," he said. "When the Bahamas Prime Minister and Cabinet Minister appear at public events connected with suspected criminals or drug lords, the international community again takes note. The international community takes also note when a U.S. Ambassador criticizes Bahamian authorities for not doing enough to fight drug trafficking. Travel journalist should consider these serious problems when they publish their stories about the Bahamas as a tourist destination, Bahamas Consult points out.
Whereas erverybody in the world like annyversaries of independence but the world has to recognice that the the level of corruption in the Bahamas is highly offensive. From members of Parliament, judges, lawyers and court employees to police, immigration and custom officers - everywhere one look there is a „crooked face“. Therefore „caution is better in the Bahamas. In many cases those rights are being trampled by the very people we pay to protect those rights; Members of Parliament, police officers and others that we trust.
More and more people around the globe are coming to realise the fact that there is a problem in the Bahamas regarding the rule of law. The Nassau Institute has written about it, newspaper columnists have mentioned it, both major parties have accused the other of ignoring it. Many have criticised the Bahamas lack of respect for the rule of law, which has caused numerous problems for us in the areas of financial services and intellectual property. It may have been an over-reaction to such criticism that led to the barrage of laws that ravaged our financial services industry. Ironically, there is nowhere in the Bahamas where the rule of law is ignored more than in the legal and judicial system. Violations of the law and lack of adherence to the rule of law is rampant in the legal profession, particularly regarding property law.
A number of new courts or a expected modernised system in the courts, with the aim of cutting back on the backlogs of cases does not mean consequently that foreigners can expect any justice in the Bahamas or that the legislation is being used to combat crime and criminal activities successfully. Investors expect a almost crime-free envirement, improvements in the financial business and confidence in the legal system. As a former colony of Great Britain, that Bahamas makes the impression that it´s legal system is common law based but it is corrupt and lawyers have the power to manipulate court decisions and they even do not mind to forward appeal s to a higher court. The Bahamas judiciary should be constitutionally recognised as an independant branch of the government. Judges should be not politically appointed but in a climate like in the Bahamas corruption is always present.
Fuhrmann denies that the Bahamas government has a business-friendly economic policy nor a legal framework for foreign investment and and no investor-friendly condition for second home vacation residences either. Not only honesty but also companies like Bahamas Telephone Company, Bahamasair or Bahamas Electricity Corporation are for sale. In case impudent liers could take part at the Olympic Games Bahmians would have a very good chance to win a gold medal in that competition. „I believe that Bahamasair is a jewel that will be a steal for whoever chooses to invest in us.“ Same nonsense as „Bahamas - the right choice“ or „It´s better in the Bahamas“, Fuhrmann decribes the investment situation from his experience.
If you read as a serious investor that the Director of Public Prosecutions, of Public Defender, of Chief Parlamentary Counsel, Dierector of Legal Affairs and Ombudsman have an independant status you have to ask yourself first whether all those positions exict in reality and how wide corruption is spread in the Bahamas? Fuhrmann questions. The Bahamas lost already it´s respect in the world. And it will be difficult to restore the confidence in the Bahamas. Prime Minister Perry was not wise to call Alfred Sears for the position of Ministry of Justice and Ministry of Education as well because without doubt a Attorney General should not tolerate crime and corruption. How can he be an idol for the young people? No wonder that elder citizens are afraid about the future of the Bahamas when in the meantime at least 10 000 Bahamian youths, including girls, are involved in „anti-social“ behaviour – and unfortunatelly not only in Nassau. What did the Bahamas Christian Council say: "Our crime rate is forever climbing, violence seems to be the order of the day and now we have violent situations in the schools. It is now crucial that politicians, the church, the home and all citizens of this country become aware of the fact that when discipline goes, the country goes." |
Mr. A/G Alfred
Sears,
your
fellow-citizens do not feel
as guilty as you
should ?
"Sir I am indeed apologetic to hear of your struggles with our Bahamian government as well as the lawyers of our country. I assure you sir these persons sadly, although they represent us politically are NOT a true indication of Bahamians, so I hope this has not tainted your image or perception of the Bahamian people. Some of the political heads indeed are unprofessional and down-right corrupt, but plese I admonish you to deal with the problem where it lies. The problem does not lie with in the Bahamian general population, so why should they become victims, which sir they are, because this affects tourism, jobs, families, lives. Whether or not you choose to believe this The Bahamas is over-riped with opportunities and its people with talent, so please sir take such into great consideration. Once again I do apoloize on behalf of the Bahamian government and also on behalf of the Bahamain citizens in general". LS Sorry, I don´t want to be a victim of corrupt Bahamian lawyers and politians!
"I am utterly sorry that you have
experienced an injustice by the government The Nassau Guardian should know the full story. Read www.bahamas.net.tc for instance!
"You are damaging the livelihood of honest caring people because of some crooked lawyers. Also, most of the crime and corruption occurs in Nassau. The Bahamas is 2,000 Islands and Cays. Comparing Nassau to the rest of the Bahamas is like comparing New York city to the small rural community where I live". MC Your own government is damaging your livelihood!
"I love your website. I think its great for 2 reasons! 1. It speaks the truth about the state of affairs in our country 2. This is what it takes for Bahamians to do something pain & shame!" PS Thanks
"Because of your personal
experience, should my countrymen suffer when I am not a millionaire but you allow wellknown Bahamians to be modern pirates!
"We were particularly interested in your comment that Bahamians need to be careful how they treat foreigners - and this is true. However, Foreigners, for a long time, have been ripping Bahamians off until now, therefore Bahamians having gone through some tough lessons in their dealings with foreigners have now learnt how to do it to others in return". YM Your opinion is just wrong!
"There
is one important aspect of our recent history. At the time of Bahamian
Independence 1972 the western world was lauding something called "Majority
rule" - a misnomer and a propaganda phrase, as the majority never
rule. An elite few of the elected representatives are the rulers. In
third world countries, these leaders were given powers they could not
handle responsibly. In the Bahamas power in the hands of two Prime
Ministers in a period of 35 years has led to where we are today. There
is however an important point to be made. Corruption has not been
confined to the Bahamian government. It is corrupt through and through,
without doubt, however a substantial responsibility for the degradation
of the country lies with some major institutions and investors. The
willingness Than I call this corruption too and very loud!
"I knew it was some reason for you being upset and I truly respect that. I must still say though that "revenge" is still not the way. Not only did you bash the legal profession, you possibly put a dent in the tourism market. I pray that you get your issue resolved in due order though". ARB To pray won´t help at all!
"Thanks for writing back. You are right, there is a big hoolpla going on here now about your sights and now I have heard from you I realize why you are doing it. However, the type on content on the site I saw was not really focusing on what your problems were. It was a negative portrayal of all things Bahamas and not just the legal field or the Government. I agree with you when you say you did not get any help and I too have experienced it, but your site just does not portray that. Agains I am sorry for what happened to you . Perhaps you should name names and specific instances instead of trashing the whole country". VA You should make a complaint at the Attorney General´s Office!
"I do sympathized with you, as said before, I too have some very bad experiences with bahamas lawyers and politicians. Since the new government of May 2002, there have been few changes, however, work is being done to clean up the bahamas. Off couse you ad makes all Bahamains appear guilty. Truth is they are not all guilty only a few are. I hope you will consider retracting certain statements on your site. We all have to help the Bahamas get to where it should be, have hope, people can change". SWM Perry Christie could change too but think about why he is NOT?
"Thank you for your reply. I wish to have a time-line of your dispute. Really I would like to know when it started and who are the ones responsible along the way. If it is over a ten year period and still current it seems obvious that it is chronic and deep-rooted. I will check up on the references you noted so that I can better understand the issue. I am aware of injustice in the society and I detest it. The country as whole will only progress through knowledge followed by appropriate actions. So long for now". RB You could read www.bahamas.net.tc, www.mybahamas.net.tc and www.haraldfuhrmann.eu.tc
"Mr. Fuhrmann....I understand your plight and I am truly sorry. I am just replying because I understand but please do not let this which has happened cause all Bahamians suffer there are some good ones and bad like every where else in the world. I pray God will work something out for you and maybe guide you to do what is within your best intrest ...Joan...I am sorry!" C In case you really want that the mass public holds the leash than you need to get rid of bad apples in the Bahamas community!
"Harald, first of all I would like to apoligize for my very first e-mail. I am a proponent of efficient markets and from the outlined reply it seems at first glance that you may have been treated unfairly. If this is the case, I can understand you being upset. However, I think that your website would have been more effective had you outlined the situation from the very begining. I will read your website and if justified comply with request of insisting an investigation into the matter from the AG's office". WD Mr. Alfred Sears never sent any reply. What is he doing with the international reputation of the Bahamas?
"Yes I feel the same about our law system and hope it does get better. But now I know why you must do what you have to do, and I Do Appologize for the comment made Earlier. I do hope that your problem does get resolved so that this does not have to go on forever. BUT PLEASE LET ME KNOW IF YOU GET THE ANSWER OR HELP YOU FINALLY WANTED, and how it was resolved." N After 30 years of independance you still have no moral revolution in the Bahamas. Too much crime and corruption, too much drug trafficking and killing..... The only way to help the Bahamians in the long run is to boycott the Bahamas internationaly I guess. And than start again!
Goodmorning Mr. Fuhrmann....I was surprised that
you responded to that e-mail....I apologised from way back then to you
amd I am doing the same again....I truly understand your dilemma, and
coupled with that I would like to say there are still some good
person here in the Bahamas...I am truly sorry for your
experiences...and wish God's speed for you...I will remember you at
church during our prayed session this morning...Have a Blessed day
Sir.....
Regards .J
You remember of Perry Christie, Alfred
Sears....and some corrupt lawyers too.
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published by Bahamas-Inside