Ladies and Gentlemen of the Press.  Thank you for attending this press conference on Palm Sunday. As this is Holy Week, we would have ordinarily remained silent on political matters, but the matter concerning the Bankruptcy Order declared on Sidney Stubbs is too important to leave unattended, and it is one that strikes at the heart of our democracy.

The Free National Movement is disturbed and disquieted that for more than three (3) days after the disclosure that Sidney Stubbs, the M.P. for Holy Cross, had been declared to be Bankrupt by the Supreme Court of The Bahamas under the Bankruptcy Act, the Bahamian People have yet to hear any official statement from either the Government or from the governing PLP.

That a sitting Member of Parliament should be declared to be a Bankrupt by the Supreme Court is a most serious development.  It strikes at the very heart of the honour, integrity and responsibility expected of Members of Parliament by the Bahamian People; and demanded by our Nation's Constitution.

Under our Nation's Constitution, a Member of Parliament cannot be a Bankrupt individual.

The reported response of Mr. Sidney Stubbs, when confronted by the news of the disclosure of his Bankruptcy to the general public, is also troubling in that, most of all, it revealed a total lack of knowledge or appreciation either for the legal consequences of a Bankruptcy Order, or for the provisions of the Constitution.

Further, Mr. Stubbs’ reported explanations are unconvincing and do not establish innocence.

The provisions of the Constitution are clear on this matter. Article 49 (2) of The Bahamas Constitution provides:

“If circumstances such as are referred to in sub-paragraph (I)(e) of this Article arise because any member of the House is ... declared bankrupt...and it is open to the member to appeal against the decision (either with the leave of the court or other authority or without such leave) he shall forthwith cease to perform his functions as a member of the House but, subject to paragraph (3) of this Article, he shall not vacate his seat until the expiration of a period of thirty days thereafter: ...”

Article 49 (3) makes provisions relating to appeals, and the duty to vacate the seat in the House of Assembly in the event of failure of the appeal process.

Upon the declaration of his bankruptcy, the Member of Parliament must forthwith cease to perform all his functions as an M.P.  He must cease forthwith.

Yet, it is most alarming that despite this clear Constitutional prohibition, Sidney Stubbs was reportedly a part of a Parliamentary Delegation that traveled to Freeport, Grand Bahama, the day following the Declaration of Bankruptcy by the Supreme Court.  For Sidney Stubbs to travel, at government expense, and participate as a member of a Parliamentary Delegation in these circumstances is directly unconstitutional and unlawful. Yet the government and the PLP have said nothing.

An M.P. who is directed by the Constitution to cease to perform such functions forthwith, and does not do so, is breaking not just any Law, but is breaking the Highest Law of the land.

We are also constrained to point out that the mere payment of a debt, if in fact made, does not discharge a Bankrupt under the Bankruptcy Act.  A Bankruptcy Order can only be discharged by a Court Order after special legal proceedings set forth in the Act.

It is our position that Mr. Stubbs is, and remains, a Bankrupt; and will remain as such until the Courts say otherwise.

There is also the allegation that Mr. Stubbs gave a false Financial Statement to the Parliamentary Registrar in order to qualify to run as a PLP Candidate in the last General Elections.  It is clear that Mr. Stubbs had been judged to be a debtor by the Supreme Court in the 1996 case (No. 1105 of 1996) and owed Ms. Gonzales more than $55,000.00.  This debt was enshrined in an Order of the Supreme Court of The Bahamas.  The Order stated that Sidney Stubbs owed money to Ms. Gina Gonzales.  Yet, Mr. Stubbs decided to suppress the fact that he was a Judgment Debtor.  It appears that he may have conveniently left this debt out of his Public Disclosure.

This being the case, the financial statement made by Sidney Stubbs when he was a Candidate for election may be false.  We therefore call on the relevant Law Enforcement agencies to properly investigate.

The Election Laws of The Bahamas would mean nothing if people are allowed to get away with making false statements to create a false impression of substance in order to dupe voters into electing them.  Yet, nothing is heard from the PLP or the government.  We ask yet again, what has happened to the Prime Minister's Code of Ethics?

In all of this the government and the PLP have remained suspiciously silent.

The Free National Movement now calls for an immediate end to this charade.  Given the circumstances, Sidney Stubbs should resign immediately as a Member of Parliament.  The People of the Holy Cross Constituency and the Parliament of The Bahamas cannot be well served by the continuance of an M.P. who is, apparently, disdainful of the Constitution and Laws of The Bahamas.

No Bankrupt individual is permitted by the Constitution to besmirch the Sacred Halls of the House of Assembly.  The Bahamas and the Bahamian people deserve better.

The Free National Movement calls on the government to uphold and to protect the Constitution of the Bahamas!