LOUIS BACON – DEJECTED, DISGRACED & DEMORALIZED, AGAIN!

After Louis Bacon had been thrown out of the New York Court in August 2016 in his attempt to Court Shop his defamation case against Peter Nygård, he was so punched-drunk in disbelief that New York Judge Cynthia Kern was not on his run to denigrate our Court system in The Bahamas, that he went right back before her, begging for her reconsideration of the dismissal.

She did it again.  She kicked him out of her Court in record speed.  He lost!!

When Bacon first filed his application for reconsideration, less than three months after first being humiliated, he quickly got his institutional propagandist in The Bahamas, The Tribune newspaper, to try to give the impression that there was some spectacular new evidence that he would be relying on to convince the Judge that she should reconsider and allow his case to remain in New York.  According to The Tribune, this evidence, was supposed to be so telling against Nygård, that all references to it had to be redacted before it was made public.

What we have now found out is that Bacon’s claim of “new evidence”, was a lie and a sham.  It was nothing more than reference to a Wall Street Journal story about the Bacon/Nygård dispute.  He reportedly also tried to produce private emails of Nygård.

He used the opportunity of his application for reconsideration to dig-in with his denigrating remarks about the legal system of The Bahamas.  In his appeal documents he said that “…it would be unjust and contrary to public policy [of the State of New York] to force [him to go to The Bahamas]…to vindicate his rights against…” Nygård.

Why is he truly so worried?

Well, a great part of it would appear to be that his political organization, Save The Bays, his brother Zachary and his mouthpiece minion, Fred Smith QC, have all been caught in a quandary.  They had outmanoeuvred themselves when, this past summer, they got Madam Justice Indra Charles of The Bahamas Supreme Court to make one of the most outrageous Judgments that The Bahamas has seen since its Independence, 43 years ago.

Favouring their side, Justice Charles ruled that she had jurisdiction over the Parliament of The Bahamas by which she could override the powers of the Speaker of The House of Assembly to suspend the age-old privilege enjoyed by Members of Parliament in relation to what they could say and disclose on the floor of the people’s Parliament.  With that, she cited Education Minister and Member of Parliament, Jerome Fitzgerald as having breached Bacon’s privacy rights when he tabled emails, although he claimed on the floor of Parliament, that the emails showed a criminal conspiracy involving Bacon and his top members of Save The Bays, as key conspirators.

Although this matter is subject of an appeal, we predict that the court of appeal would agree with the view of many who say that Justice Charles’ Judgment, perhaps unwittingly takes the form of a tool by which Louis Bacon and his unrighteous cohorts are trying to give effect to a coup d’état.

What was being debated on the floor of Parliament, was the fact that there were copies of emails which evidenced that Louis Bacon and his crew were using their so-called charitable organization (Save The Bays) to, up to that point, launder over $8 Million Dollars for the sole purpose of overthrowing The Bahamas’ duly elected Government.

In light of Justice Charles Judgment, it would be interesting to see if Bacon would show his duplicitous character and his wanton abuse of the process of our courts, by seeking to rely on the private emails of Nygård.

To take such steps would not only fly in the face of Justice Charles’ Judgment that emails are constitutionally protected from unauthorized use, but would open him to have to answer criminal allegations that the Nygård emails which he would seek to rely on were obtained criminally as a result of computer and email hacking as well as by his star witness, Stephen Feralio, who is accused of having stolen them from Nygård while working for Nygård.

With Judge Kern throwing Bacon out of her Court again, thereby showing that she will not allow him to abuse the process of the New York Courts, we ask why is it taking so long for PLP controlled Standing Committee on Privilege of The Bahamas Parliament, to convene its public hearings on the attempt by Bacon and his unrighteous cohorts of a coup d’état.


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re-negotiate - Keod Smith

Keod Smith is a Barrister in The Bahamas practicing at Commercial Law Advocates, Trinity Place Nassau.

He served as a Member of Parliament for 2002 – 2007 and as Ambassador for the Environment and Chairman of the BEST Commission from 2002 to mid 2006.

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