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”.
With such a fundamental point on jurisdiction, the unanswered question which begs to be addressed is why it is that Save the Bays would even have commenced judicial review proceedings against Keod in the first place, when it was bound to fail.
Keod strongly contends that it was started against him because he had uncovered and taken up two very serious matters concerning Bacon, a founding member of Save The Bays and its chief financier.
Mysterious and Suspicious Death In Bacon’s Lyford Cay Pool
The first matter relates to the 2nd May 2010 mysterious death of a US citizen, Dan Tuckfield (“Tuckfield”) that took place on Bacon’s Bahamas Lyford Cay multi-million dollar estate.
Based on newspaper reports and information obtained by us, the lifeless body of Tuckfield was found floating in Bacon’s pool. As such, the death would have been reported to the police as a drowning and categorized as ‘sudden death’. However, by the time the Police Report had been written-up, Tuckfield’s body had been moved and found sitting up in Bacon’s hot tub.
This apparent deception did not end there. In 48 hours, Tuckfield’s remains were allowed by the Police to be cremated, thereby destroying the primary physical evidence for determining what and who killed him. This was unprecedented. Tuckfiled was not of any religious order that required urgent burial.
The Coroner (a Court Magistrate), who was supposed to have visited the scene of the dead body, was not present. He did not give his approval for the cremation.
Why did the Police allow what turns out to be an illegal cremation to take place? The person posing as next-of-kin at the behest of Bacon’s House Manager, was Tuckfield’s ex-wife. Suspiciously, although she had been remarried and went by the last name of “Berry”, she signed as ‘Tuckfield’.
The actual next-of-kin of Tuckfield was his son, other children and parents, all of whom were alive and living next door in Florida. The normal attendance to the morgue by a USA Consulate representative, did not happen as is normal.
Matters were made worse by the fact that the Police have refused to provide the Coroner’s Court with their investigation file (including crime scene forensics) which is required for a Corner’s Inquest of Tuckfield’s death. This type of judicial investigation is legally required for all sudden deaths.
It is amazing that this apparent slight-of-hand, fraudulently using Tuckfield’s ex-wife happened seeing that Tuckfield ought to have been known to the Police. He was a convicted felon in the United States having been found guilty of drug trafficking in 1986.
With such a criminal past, it is flabbergasting that Tuckfield was able to get gun licences from the police. Convicted felons are not given such a privilege either in the USA or in The Bahamas. Tuckfield is believed to even have had a handgun within reach of the hot tub where his dead body was found.
There was a rumor in the weeks before Tuckfield’s death that he bragged, in his drunken state at his favorite Lyford Cay pub, that he worked undercover as Bacon’s Property Manager for USA law enforcement agencies. In the dark of the night, Tuckfield had been frequently seen taking off from Bacon’s smuggler-type boat basin built underneath his Lyford Cay house. The go-fast boat would be headed toward Miami and return the following day.
The unanswered question that begs to be addressed is how it is that none of the Police responsible for maintaining files related to sudden deaths, has handed it over to Coroner’s Court for 8 years.
Cocaine was found in Tuckfield’s blood, a sample of which was retained by the Pathologist at the time of the autopsy. With cocaine being found in his blood, a handgun on the scene, his body apparently having been moved before Police arrived on-scene, fraudulent signing by his ex-wife as next-of-kin on cremation form with no Coroner authorization for cremation, it is astounding that the body was actually cremated with such speed, or at all.
Inquiring minds want to know the investigating police officers at the time from the Central Detective Unit (CDU).
Surely, there would have been supervising officers from the high command of the Force as it was a high-profile death on Bacon’s luxurious estate in Lyford Cay. Could it be that it was some politician who pulled rank to shut down the investigation of both the Police as well as the Coroner’s Court. That would make Bacon one powerful foreigner in The Bahamas and cause most to cower in fear.
While we are sure that to Keod, that fear is real, with this kind of dossier being made public in relation to Tuckfield’s suspicious and mysterious death, and the questionable and fraudulent means of disposing of his remains is unaddressed by the Police, we can see why Keod is adamant in exposing it all, as he has been doing over the years.
As far as we can determine, Tuckfield’s suspicious and mysterious death remains an open investigation.
So, we eagerly await a public report from new Commissioner of Police, Mr. Anthony Ferguson as to the location of the files, what happened to the crime scene forensics and when he will ensure that these items will be handed over to the Coroner’s Court.
The Second matter which brings Bacon’s ire upon Keod, a patriotic Bahamian son, is that he dared to expose Bacon’s lie at the National Audubon Society. Bacon had said that it was him who led the 1999 – 2004 grassroots fight to save the 208 acres of land now making up the Clifton Heritage National Park on the Island of New Providence, The Bahamas. Actually, it was Keod who led that campaign.
We shall tackle this in Part 2 of this series.