Criminal Case Against Bacon to Proceed

The Attorney General of the Bahamas made a major legal mistake in executing a nolle prose qui in the Magistrate's Court this week when he left out the main defendant in a high profile battle in the courts between two foreign residents. Peter Nygard, known internationally as a fashion designer but much more well known to Bahamians as an avid supporter of sporting groups in the Bahamas, had his attorney file a criminal suit as a part on an international libel and defamation case. The criminal suit listed hedge fund czar Louis Bacon as the main defendant, along with his attorney Pericles Mailis; Managing Director of the Lyford Cay Property Owners Association Mary Braithwaite; private investigator Jerry Forrester; former police officer of disrepute Bradley Pratt; and executives of the Canadian Broadcasting Corporation.

Pericles Mailis in court this week

Louis Bacon

 The suit brought by Nygard accuses them of using criminal tactics to concoct a defamatory exposé on him which aired on the CBC. The exposé portrayed Nygard as a dictatorial boss who dodged immigration laws to have a beautiful, young, Dominican girl brought to his quarters at Nygard Cay. Nygard claims the video, which aired on CBC's "The Fifth Estate", was just one part of a major plan of attack that his neighbor, Louis Bacon set upon him with after Nygard refused an offer to sell his beloved Nygard Cay. The case has its roots in Nygard's native country, Canada, where Supreme Court Judges have already given Nygard's attorneys the nod to proceed with their libel and defamation case against the CBC. Attorneys will be relying on the Leenan case, in which two doctors won just over a million dollar suit for libel and defamation after CBC aired a similar negative exposé on them, which affected their careers drastically.

 While Judges in the north have validated the case which is now proceeding, the Government of the Bahamas pulled out all of the stops to stop it from proceeding here. Nygard's attorneys Keod Smith and Alfred Sears took the case go the Chief Magistrate's Court on Thursday. Representatives of the Attorney General's office were in court to stop those proceedings, petitioning the court to throw out the case. But Attorney General John Delaney missed a very critical procedure. His office left off the name of the main defendant, Louis Bacon. Nygard's lawyers are expected to take advantage of that and use the nation's chief legal representative's mistake as an opportunity to advance their cause.
 Why would judges in Canada see the merit of the case and allow it to proceed; while in the Bahamas, the government stepped in so that the cause could not be advanced? Could it be because The government was desperate to please one of their best financiers with just two weeks left before the General Elections? Why would the government seek to halt such a case when Nygard's attorneys brought facts from the case proceeding in Canada which shows reason for a criminal case to at least have the audience of a court of justice?

Smith and Sears at court this week

 Attorney Smith spoke to reporters after the hour long court session which was filled with debates from both sides. He told them that the case against Bacon will continue despite the success of the annulment against the other defendants. "What was demonstrated here makes me very concerned that the Attorney General in his Executive capacity, is allowing himself as a sword for Mr. Bacon and the persons on the charge sheet," he said. "it is record time that a nolle was issued in the proceedings and as you would have seen yourself in the court today, the attempt was being made to block any possibility of this matter even being called up, let alone continued," he told reporters.

 Attorney General Delaney claimed that the nolle was entered because his office tries not to have personal matters coming before the criminal courts. He also claims that the matter in its entirety was "discontinued" but he may be may be in for a surprise when he finds the error that Attorneys Smith and Sears have. The case has good merit in that witnesses are ready to come to court to let the Bahamian people know that they were paid for discrediting Nygard. We are told that they were offered $10,000 and even more if they found another interviewee. Further evidence includes proof that the private investigator was working for Bacon and he was recruiting the staged witnesses along with Pratt.