Supreme Court: Mayor & Deputy In Contempt
[Updated] The Supreme Court has upheld the Ombudsman for Bermuda’s Certificate of Contempt of Court in the case of Hamilton Mayor Graeme Outerbridge and Deputy Mayor Donal Smith.
The Supreme Court judgment said:
The contempt occurred because the Respondents, who had been doing their best to cooperate with an investigation they did not truly welcome, most likely because they were heavily committed to matters which they considered to be far more important, allowed their personal irritation to get the better of their judgment.
In the result they have effectively compelled the Ombudsman to issue the present proceedings to prove an ultimately obvious legal point. When the Ombudsman issues a summons, it has the same legal force as a court order, and cannot be ignored by the summonsed parties at their own whim.
Ms. Arlene Brock, Ombudsman for Bermuda, stated: “I am delighted that the Supreme Court has upheld my certification of Contempt of Court for failure to comply with a Summons to attend. This is a precedent- setting case for the entire Commonwealth.
“I did a quick survey of Ombudsman colleagues and those who responded had never faced a situation of witnesses failing to comply with Summons’. In fact, most have never had to issue Summons’ because their requests for interviews are fully respected by the citizens of their countries. Bermuda is truly sometimes ‘Another World’.
“I had issued the Summons’ in this case only because I learned that the Respondents had decided not to attend scheduled interviews and also planned to be abroad most of August. It was very important for the progress of the investigation that I be able to interview them before Cup Match. I must add that our experience of the last eight years is that face to face interviews are infinitely more forthcoming than written questions,” said Ms Brock.
The Supreme Court observed that the desire for legal representation appeared to be based on “a deep-seated hostility to the very idea of the investigation and a failure to fully comprehend the character and purpose of the Ombudsman’s role”.
Ms. Brock noted: “of course at the stage when I make adverse comments in a recommendation or report, people have a right to legal representation and to be heard. This is established in Ombudsman statutes all over the world. The Chief Justice indicated during the hearing that he had conducted done his own some research and found that the state of Victoria in Australia permits witnesses to have legal representation during the investigation stage. I am not aware of any other jurisdiction in the world that permits this. In fact, two of the newer Ombudsman statutes – for British Virgin Islands and Montserrat – expressly exclude a right to legal representation during interviews.”
Update 7.12pm: In response, Mayor Graeme Outerbridge stated: “The Supreme Court has given its ruling in the matter of the Office of the Bermuda Ombudsman and in the matter of an application to certify the offence of contempt pursuant to section 25(2), Ombudsman Act 2004. The lawyers for the City of Hamilton are reviewing the ruling and I will make a formal statement about this matter after consultation with our legal team.”
The full Supreme Court judgment is below [PDF here]:
Read More About
Category: All, Court Reports, News, Politics
Lock em up till they learn respect.
what are the charges for contemt ?and who has the authority to fire this so called mayor.
Congratulations to our Bermudian Ombudsman Mrs. A Brock. She has done an outstanding job in her role as Bermuda’s first Ombudsman. Thanks to Dame Jennifer Smith who had the foresight to ensure that such an office was set up in Bermuda. I am sad that her term has come to an end, I only hope and pray that the OBAubp government will replace her with another qualified Bermudian, as the OBAubp seem to be pro-Bermudians.
I think one should read the outcome of the present case, as the devil is in the details. But well done Mrs. Brock nevertheless for your years of service to Bermuda.
Well we all know that Donal answers only to a “higher power”!
Just another expense claim for legal fees that CoH taxpayers will have to fund.
Doing their best? No punnishment?
So basically you can thumb your nose at the system and the Chief Justice will slap you on the wrist?
What a joke.
They were going to be abroad most of August…on vacation? Is this what is more important?
check that signature lol
“I did a quick survey of Ombudsman colleagues and those who responded had never faced a situation of witnesses failing to comply with Summons’. In fact, most have never had to issue Summons’ because their requests for interviews are fully respected by the citizens of their countries. Bermuda is truly sometimes ‘Another World’.”
Messrs. Outerbridge and Smith should be ashamed of themselves and resign immediately.
They should be called to resign immediatwely – let’s see how soon they respond or perhaps they will take their new wage out of the expense account and leave the Island…. what a situation and they wonder why Gov’t is taking over the reins
The devil is in the detail.
I guess teh Mayor and Deputy wanted their lawyer present.
Look at the footnote on the last page of the judgement. Other jurisdictions permit lawyers to be present during the ‘interview’.
It will be interesting if the Mayor and Deputy attend the next interview but defer answering any questions until they have a chance to consult a lawyer – there is always ‘more than one way to skin a cat’.
It would be interesting to hear Mr. Johnson’s summary of the ruling.
If posters take time to read the actual judgement, you might be surprised at the content. For instance, teh judge commends Mr. Johnson for some of the points he raised during the hearing.
I do wonder about the total cost of the case and whether the COH mus pay the full bill.
LOCK BOTH OF THEM UP!
Ban them from holding any form of office for life.
Friends and family.
Can someone explain to me what is wrong with getting paid. If I sat through all those meetings I would want to get paid
Nothing at all. Unless you agree going in that you won’t get paid, then change the rules so you do…
Mike hind, go dry up !!!
Thanks for your contribution to the conversation.
Sparkling intellect. Well done.
Where is the evident, prove it. Mike Hinds still at your usual game playing?
No… but I see that you are, “B. Trump”.
I see you’re still playing your silly game of spelling my name wrong. Is this intentional, or are you just THAT unintelligent?
Evidence of what? That the job is traditionally an unpaid one?
Seriously?
Do better, “B. Trump”. You’re making your side look bad.
Hind everyone knows your an OBAUbp TROLL who is getting paid by the OBAubp to keep up their rhetoric, why did B Trew not write about you or exposed you….ooh I know your both OBAubp folks…..singing the same old songs….I think your the real Troll of them all…what a great laugh……
Everyone knows that, do they?
I wish someone would tell ME, ‘cuz I could use the money!
Oh, wait! You’re just lying again, childishly lashing out against anyone that dares speak against you.
Par for the course.
B Trew didn’t write about me and expose me for one simple reason:
The things you are claiming are false. It’s as simple as that. Nothing you are saying is true.
You are a cowardly liar, attacking people while hiding behind a pen name. I, on the other hand, have nothing to expose.
I think you might be talking about yourself when you make these accusations.
They are volunteer unpaid positions. If you want a paying job, do something else. The city council positions are unpaid. If you don’t like it, don’t seek election. Plenty of people do unpaid work. That’s what these positions are.
Yes, if there is anything Bermudians hate is not being respected.
Well, they should be embarrassed at this defiance to work with others in a cooperative way, if for nothing else, just clearing their own sterling characters! lol
Poor b***** ….. don’t you know that its better to gently pet, massage, and feed a hungry wild animal rather than to swing a stick at it? You bies are not very smart at all
^–^ Hey Graham how you doing with your bad self? Glad the shoe is on the other foot I can tell you!!
‘Night Mayor on Queen Street’ should be playin at Horse n Buggy.
Please get rid of this Mickey Mouse COH!
See these are the things why Bermuda will never change! If this was in any other country the men will be locked up or be forced to leave office! These guys seem to be hiding a lot of S**t and the judge slaps them on the wrist!
The house of cards is falling down. Outerbridge & Co. do the only honorable thing you can do. Resign.
I’ve been living under a rock for about 2 years now. Wasn’t this one of the reasons they were planning to get rid of the municipalities? IB
My how the tide has changed when the PLP reform city government there was
a political element in this country that wanted to unleased the hounds of hell to prevent such an occurrence. Now that they have the government they
want in power; there is nothing that this government can do which is beyond the pale.
Kinda sounds familiar, huh Alvin? I don’t disagree with you, but can you recognize and admit to the same behaviour for 14 years from your own party?
Any comments on the freezing out of elected CoH representatives by a certain CoH cabal?
Any comments on the fact that the Supreme Court of this Island has found the Mayor and Deputy Mayor in contempt?
Any comment on the gifting of our most prime real estate, for alomost 300 years, to…well…who knows?
Any comment on the fact that after being in existence in 200 years this administration votes themselves to be paid, while CoH meeting minutes indicated that they would forgo the paving of North Hamilton’s streets? Thought at least you would want to admonish them for neglecting the area and its residents you purport to stand up for.
Any comment on spending tens of thousands of dollars going to a black Mayor’s conference, without the white Mayor in tow?
Any comments on the allocation of an ‘expense’ fund so that elected CoH members can purchase clothes, electornics and who knows what else?
Beginning to see the difference between the actions of this administration and previous administrations?
Can Alvin please advise us on whether or not he agrees that the tax payers of the City, who had their voting rights taken away from them by the PLP, should just sit back and allow their tax dollars to be spent on purchasing suits for the Mayor from the English Sports Shop so that he can “look smart”?
Does this ring any alarm bells?
It is but one example of the possible abuse of City tax dollars, and might pale in comparison with other uses or abuses of tax payers dollars, but it gives a clear indication that all is not well with this administration.
On the other hand maybe Alvin thinks that if they are in charge they can do whatever they want, whether it’s buying suits or leasing our Bermuda prime waterfront for over two centuries.
Well said Mr. Williams, a strong point….this is why I can see the high level of hypocrisy with the OBAupb folks.
What about Alvin and your hypocrisy?
When Dr. Brown wanted to dissolve the Corporations you guys were your usual cheer leading selves.
Now you are fighting to stop the Corporations from being subject to greater Governance standards.
PS: Betty you constantly call others as blind faithful followers. Do you believe that the same label can be pinned on you? Or is somehow your slavish devotion to the PLP different and righteous?
And they wanna get paid too? They are supposed to work for free cos they love their work – just like a musician.