The Queen v Christie et Al

• Jurisdiction: Bahamas
• Judge: Bain, J.
• Judgment Date: 19 September 2016
• Court: Supreme Court (Bahamas)
• Docket Number: PUB/JRV/12 of 2013
• Date: 19 September 2016

Supreme Court

Bain, J.

PUB/JRV/12 of 2013

The Queen

and

Christie et al

Appearances:

Mr. Frederick Smith Q.C, Mr. Romauld Ferriera, Mr. Dawson Malone, Mr. Adrian Gibson and Mr. Crispin Hall for the applicant;

Mrs. Darcel Smith Williamson and Ms. Hycinth Smith for the first through fourth respondents;

Mr. Elliott Lockhart Q.C. and Ms. Gia Moxey for the fifth respondent;

Civil procedure - Contempt of court — Failure of the bailiff to effect service — Mr. Ryan's failure to attend hearing due to mental illness — Doctor's letter specifying illness and inability to travel — Matter adjourned.

Bain, J.

1 (1) Notices to Show Cause were issued by the Supreme Court on 18 August 2016 addressed to Keod Smith, the sixth respondent and Derek Ryan.

2 (2) Despite numerous attempts by the Bailiff the Court was unable to effect service on Keod Smith or Derek Ryan. See Affidavit of Attempted Service by Jack Davis, Bailiff filed on 14 September 2016.

3 (3) The court was able to effect service on Lockhart & Co. attorney for Keod Smith and Derek Ryan on 26 August 2016.

4 (4) Neither Keod Smith or Derek Ryan were present in court at the hearing set for this morning.

5 (5) Mr. Lockhart advised the court that he received this morning a letter from Jean-Marie G. Eugene M.D of Grema Medical Services LLC with respect to Derek Ryan. This letter stated that Derek Ryan is being treated for the past three months for “Chronic Medical Disease” and that he has to attend for frequent office visits for his treatment. The doctor stated “Therefore I forbid him to travel outside the United States of America not to jeopardize his treatment plan.”

6 (6) No information was given by Dr. Eugene with respect to a time when Mr. Ryan would be able to travel to The Bahamas for these proceedings.

7 (7) As this is a matter for Keod Smith and Derek Ryan to Show Cause why they should not be cited for contempt and committed to prison, it is imperative for Keod Smith and Derek Ryan to be personally served and for them to be present in court to show cause.

8 (8) Nevertheless the court will not allow Keod Smith and Derek Ryan to frustrate the process.

9 (9) The court adjourns this matter to a date to enable the court to make further effort to serve Keod Smith and Derek Ryan. If the court is unsuccessful with effecting service on Keod Smith and Derek Ryan on the return date, the court will then make an order for substituted service.

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