Govt expects Grant-Bethell to pays cost in court action
The government expects cost to be awarded to it by Cherly Grant-Bethell, who recently lost her bid to have the court overturn a decision to overlook her as the deputy director of public prosecutions(DPP), according to Prime Minister Hubert Ingraham.
“The attorney general was sued in his personal capacity, that was thrown out by the court. The attorney general was sued in his capacity as AG, that too was thrown out and we expect cost to be awarded against the party who brought the action-Bethell-and for her to pay it,”Ingraham said on Saturday, one day after the ruling was handed down.
Supreme Court Senior Justice Jon Isaacs explained that no order was made returning Grant-Bethell to the post of deputy DPP, as the attorney general has the constitutional right to decide who prosecutes on his behalf and Grant-Bethell would likely be denied the right to practice before the criminal courts.
Ingraham when responding to the ruling on Saturday said he does not believe the media in general”fairly and accurately characterized the position of the court.”
“It would be a public service if the media would simply say what the facts are that the request was made of the court for 10 or 11 separate reliefs or orders and the court refused each and every one. It said many things but at the end of the day it said no, no, no, no,”he pointed out.
“At the end of the day the party who took the government or the Judicial and Legal Services Commission(JLSC)to court said that they had been transferred to the Law Reform Commission and they should have remained as deputy director of public prosecutions, and should be made the director of public prosecutions, lost. And[she is]still exactly where[she was]when the case began as a deputy director of the Law Reform Commission. She’s still there, nothing’s changed.”
Ingraham said he has no idea whether she will remain in the position.
During the hearing, it was revealed that the JLSC was about to recommend that Grant-Bethell act as DPP for one year. However, that recommendation was withdrawn after the commission received an intelligence report that contained damaging allegations about Grant-Bethell from the Security Intelligence Branch(SIB)of the Royal Bahamas Police Force.
The allegations were not disclosed during the judicial review.
The JLSC did not give Grant-Bethell the opportunity to clear her name in connection with this second SIB report. She was allowed to make commentary on the first SIB report compiled.
Isaacs said it was not inconceivable that she would have been able to addresss any concerns that the report raised if given the chance.