COMMONWEALTH OF THE BAHAMAS IN THE SUPREME COURT Public Law Division

2013 No. PUB/jrv/00012

IN THE MATTER OF APPLICATION FOR JUDICIAL REVIEW BETWEEN THE QUEEN And THE RT. HON. PERRY G. CHRISTIE PRIME MINISTER OF THE COMMONWEALTH OF THE BAHAMAS (in his capacity as the Minister Responsible for Crown Lands) (1) THE HON. PHILIP E. BRAVE DAVIS DEPUTY PRIME MINISTER OF THE COMMONWEALTH OF THE BAHAMAS (in his capacity as the Minister of Works and Urban Development and the Minister Responsible for Building Regulation) (2) THE HON. GLENYS HANNA-MARTIN MINISTER OF TRANSPORT AND AVIATION OF THE COMMONWEALTH OF THE BAHAMAS (in her capacity as the Minister Responsible for Ports and Harbours) (3) THE TOWN PLANNING COMMITTEE (4) PETER NYGARD (5) KEOD SMITH (6) Respondents Applicant

Ex Parte COALITION TO PROTECT CLIFTON BAY

AFFIDAVIT OF MARIO JOFFER

I, MARIO JOFFER, of the Western District of the Island of New Providence one of the Islands of the Commonwealth of The Bahamas, Barrister make oath and say as follows:-

1. 2.

I make this Affidavit in support of the Summons of the Sixth ReMy attention has been drawn to the Applicants Exparte Application

spondent filed herein on Friday, 21st June, 2013. for Leave to Apply for Judicial Review and for Interlocutory Relief as seen in footnote of paragraph 22 and paragraph 65 of that document. 3. I consider it unfair and improper that Attorney Fred Smith, who knocked me down with his car on 25th April, 2013 while I was on Jaws Beach (on sanded area away from driveway) and in respect of whom I made a criminal complaint to the police asking for police action, is allowed to use my statement given to the police for his and his Clients selfish objective without having to answer for having knocked me down. 4. From what I have seen on their website and heard from public commentary, Fred Smith and his Client, the Applicant herein a well as its financier and founder, Mr. Louis Bacon, want to stop the repair works being done at Jaws Beach, Clifton by Mr. Keod Smith in order that Bahamian people can have unfettered use of it. 5. Within moments of being knocked down by Fred Smith, I went to the Lyford Cay Police Station and told them that I was there to make a complaint against Attorney Fred Smith for having knocked me down and not remaining on the scene until the police arrived. To-date, Attorney Fred Smith has not even inquired about my condition as far as I know. 6. I gave my written statement to a police officer who signed just beneath where I had signed. I dont remember his name appearing on the document on page 012 exhibit JD1 of the Affidavit of Joseph Darville filed herein is a photocopy of that statement. 7. The police who took my statement gave me a medical form to have completed by the doctor attending to me. In fact, the police, particularly an Inspector Strachan, has even attended my home on a few occasions to follow up on the status of my medical assessment.

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8.

Although I told Inspector Strachan that I was going through the

medical process in accordance with legal advice I was receiving from my Attorney, he told me on more than one occasions that I should not listen to my Attorney whom he (Strachan) thought did not have my interest at heart. Since then, I feel intimidated by the police and have been subject to numerous phone calls, visits to my home and even an unwarranted personal search while I sat in a car near my home. 9. While I did attend the Walk-in Clinic at Sandyport for assessment shortly after being knocked down, I was not personally satisfied that the physician who attended to me was sufficiently specialized in orthopedic medicine to give a proper assessment. While he ordered an X-Ray image to be taken, I became suspicious about the fact that he sent me to another location of the Walk-in Clinic (Carmichael Road) for that X-ray as, presumably there was none in the Sandyport Clinic. That suspicion became amplified when that same doctor showed up at the Carmichael Road Walk-In Clinic he sent me to and oversaw the X-Raying of me. I had gotten the impression from him that he did not work at the Clinic he was sending me to. 10. I decided to and did attend the offices of Dr. Valentine Grimes, Collins Avenue who ordered an MRI to be done of my leg, after a new X-ray had been done at Doctors Hospital but not sufficiently definitive as to the nature of the injury I had sustained when I was hit by Attorney Fred Smith. 11. The MRI was completed last week by the Integra MRI Center at Sandyport. I am expecting to get a final assessment from Dr. Grimes this coming week in relation to my condition coming out of the accident. 12. It is still my intention to criminally prosecute Attorney Fred Smith as well as bring civil proceedings against him and his Client in its capacity as principal or employer whom I verily believe to be the Coalition to Protect Clifton Bay and Mr. Louis Bacon from what he said to me and the other workers repairing the dock at that time.

13. From my reading of Rule I of The Bahamas Bar Association Code of Professional Conduct, I conclude that all Attorneys must discharge [their] duties to the CourtMembers of the publicwith integrity. I now produce and annex hereto marked as exhibit M.J.1 a photocopy of the said Rule I of The Bahamas Bar Association Code of Professional Conduct. 14. In the circumstances, I do not believe that Attorney Fred Smith has demonstrated integrity in the manner in which he has behaved as it related to:14.1 14.2 me being injured at his hands and not even inquiring about my well-being; and/or how he would, in my view, make a mockery of the Court of his brazeness and arrogance to use my statement that may form the basis of criminal action against him personally simply to achieve what I understand and believe to be a goal of stopping or restricting Bahamians from enjoying our land at Clifton in favour of a foreigner, Mr. Louis Bacon, who has had historical family ties to the dreaded Klu Klux Klan of the Southern USA; and/or 14.3 how he could get my statement from the police in the midst of the investigation. 15. I do not believe that it is either proper or fair that Attorney Fred Smith is able to trivialize my complaint and make fun of it simply to show that Mr. Keod Smith controlled the repair works at the dock at Jaws Beach, Clifton. 16. Not only has Mr. Keod Smith made it clear that the repairs were being done at his instance, he swore to conducting the repairs in paragraphs 32 45 of an Affidavit sworn by him on 11th June 2013 in Supreme Court Action No 2013/PUB/jrv/00015 (intitule Keod Smith v Buildings Regulation Officer etal) which is

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shown to me as Exhibit No. ARC-J of the Affidavit of Arianne Cartwright sworn to and filed herein on 26th June, 2013. 17. Furthermore, according to the letter dated 7th May, 2013 over the signature of Mr. Craig Delancy, Buildings Control Officer in the Ministry of Public Works and Urban Development, (see at page 014 015 of the said Affidavit of Joseph Darville), Mr. Fred Smith was told that his allegation in his letters of 26th April, 2013 and 1st May, 2013, was shared by the Government Office that Mr. Keod Smith is purported to be the individual responsible for overseeing the illegal construction works. 18. While I am not of the view that Mr. Keod Smith would knowingly involve me and my friends in any type of illegal activity, I make no comment on whether what is referenced in Attorney Fred Smiths letter is illegal or not. I am told by Mr. Keod Smith and do verily believe that that is one of the issues that is before the Court in Supreme Court Action No. 2013/PUB/jrv/00015 in respect of which he has received leave of the Court to commence judicial review proceedings in relation to decisions taken by the Buildings Regulations Officer of the Ministry of Public Works and Urban Development. 19. Sufficed to say, I do not see why it is necessary for my statement to be a part of these proceedings. In fact, I find it suspicious and an act of bias on the part of the police that they would give a copy of my statement to Attorney Fred Smith when their investigation is not even complete. How did he get it? Why was it given to him? To me, this action of the police suggests that the police are partial to Attorney Fred Smith in the criminal action that I seek to pursue against him. The police refused to give me a copy of my own statement when I asked for it after giving it on the day of my accident. 20. Attorney Fred Smith should not be allowed to rely on my statement or the statements appearing in pages 006 011 which were all provided to the police by witnesses in support of my criminal complaint against Attorney Fred

Smith. In fact, I believe that it should be removed from these proceedings as it severly prejudices my case. 21. Attorney Fred Smith and/or Affiant, Mr. Joseph Darville, should be made to state under oath exactly how they got this important piece of evidence in my case and those responsible should be dealt with by the Court. 22. The matters deposed to in this Affidavit are either within my own knowledge (in which case they are true) or are based upon information supplied to me by others (in which case I identify the source of the information and state that those matters are true to the best of my knowledge and belief). SWORN TO at Nassau Bahamas this 26th day of June, A.D. 2013 ) ) ) ) ...... Before me,

NOTARY PUBLIC