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Human rights complaint alleges political discrimination

United Bermuda Party Senator and former golf professional Kim Swan has filed a complaint with the Human Rights Commission claiming discrimination by the Board of Trustees of Government Golf Courses.

Sen. Swan lodged the complaint after being ousted from his job as golf pro at St. George's Golf Club last summer, following 16 years of service.

The Opposition member has claimed the board, headed up by Government backbencher Elvin James, refused to renew his contract because of his political affiliations and opinions.

The Human Rights Commission is now investigating the complaint.

If the Commission concludes that there may be merit to the discrimination claim, then it is charged with facilitating a resolution. If the Commission is unsuccessful, then the issue will be referred to Minister for Human Rights Randolph Horton, who has the power to put the matter before a tribunal.

If the complaint is ruled in Sen. Swan's favour, he could receive damages.

Yesterday, Sen. Swan refused to comment on the Humans Rights issue, other than to confirm that a complaint had been lodged.

His lawyer, Alan Dunch, said they had no idea when the whole affair would be resolved.

He said: "I can confirm that Kim Swan has filed a complaint with the Human Rights Commission against the Consolidated Board of Trustees of Government Golf Courses.

"His complaint is that he has been discriminated against on the basis of his political affiliations and opinions.

"It's a matter for the Human Rights Commission to investigate it and come to their own conclusions. I cannot say anything more at this point."

If a tribunal was held, it would be charged with the responsibility of hearing the evidence from Sen. Swan, as well as various witnesses. It would then adjudicate on the evidence, and if found in Sen. Swan's favour, the tribunal would have wide powers to act, including ordering that damages be paid.

Chairman of the Human Rights Commission, Marc Telemaque, said he could say little on the issue.

He did say: "I can confirm that Mr. Swan made a complaint and it's being investigated in the ordinary course, as any kind of complaint would be.

"His complaint was made on February 20 this year."

He said it was difficult to say when the investigation would be complete.

Last night, chairman of the board Mr. James said he became aware of the complaint about a week ago and said "it made interesting reading."

He said: "We will deal with the Human Rights Commission. I don't think we will have too much to answer. "I will deal with it in due course. Everything was done above board - we don't have anything to hide.

"When we are summoned we will go before the Human Rights Commission and tell it all. I don't think it's necessary at this point to air it in public."

Sen. Swan was told in April last year that his services as golf pro would no longer be needed when his contract came to an end in the summer.

One of the Island's few golfers to have competed internationally at a professional level, Sen. Swan helped to establish two of Bermuda's three Government-run courses - St. George's and Ocean View.

At the time, chairman of the board Mr. James said the decision to oust Sen. Swan was not a political stitch up, but had been a committee decision.

He said Sen. Swan's handling of the pro shop at St. George's had led to him losing the contract.

He said: "It was not based, as some people might want to make it, on politics."

At the time, he added: "If you have individuals who have a job and they are not doing it, and you leave them in the positions, then people say it's political. But, if you get rid of them, it's still seen as political."

Sen. Swan said at the time that he was disappointed Mr. James had chosen to make the comments, but refused to speak on them himself.

And he said no reasons had been spelled out to him as to why the decision had been taken not to renew his contract.