As Justice Bain gets ready to finally have the trial of the ‘judicial review’ of matters related to government’s actions and/or inactions as accused by Coalition to Protect Clifton Bay (aka “Save the Bays”) featuring Lyford Cay Billionaire Louis Moore Bacon (“Bacon”) and controversial lawyer Fred Smith QC (“Fred”), looming highly in the midst, is former Member of Parliament of The Bahamas Keod Smith (“Keod”). He seeks to have the Court declare that that judicial review which has dogged him for nearly 5 years, was a nullity all along in relation to him.
Court documents show that Keod is of the view that The Bahamas Supreme Court does not possess the jurisdiction (power) to be able to grant an exparte (secret) order entitling Save the Bays to have commenced judicial review proceedings against him as a private citizen who is not a governmental official.
This would mean that this type of matter that is normally completed within 6 months, would have ended even earlier than that for Keod if the Court was informed of this in that hearing where only Fred appeared. We can confirm that Keod was not a government official since 2006.
In fact, between what Keod has stated in Court and what appears in his Court documents, we can deduce that he contends that Justice Bain was misled, if not lied to by Save the Bays’ lawyer, Fred, with the documents filed and arguments made by Fred in 2013.
Among other things, Fred failed to tell Justice Bain that Keod did not hold any government position at the time of the filings. The proceedings were commenced by Save the Bays and its deep-pocketed foreigner backers and handlers out of the exclusive Lyford Cay, in what the Bahamas Court of Appeal has referred to as “a vacuum”.