Judge steps down from corruption investigation
investigation into alleged corruption and misuse of public funds by the former Government of the Bahamas.
Appeals Court judge the Hon. Mr. Harvey da Costa was appointed by Bahamian Prime Minister Hubert Ingraham earlier this year to look into the Progressive Liberal Party's handling of three public corporations.
The Commission began meeting this week to delve into the operational management and business practices of Bahamasair -- which was losing $2 million a month -- Bahamas Hotel Corporation and Telecommunication Corporation.
But Jamaican-born Mr. da Costa, who lives in Bermuda, was not present.
And yesterday he told The Royal Gazette he stepped down because of his health, his duties on the Court of Appeal, and to avoid a legal wrangle with former Bahamas Prime Minister Sir Lynden Pindling's party.
Mr. da Costa, who served on the bench in the Bahamas for seven years and chaired a commission into government corruption in Jamaica during the 1960s, said: "I was chosen by the new government of Mr. Ingraham and his Cabinet and was told that it was unanimous, but the Opposition's opposition to this was also unanimous.'' Progressive Liberal Party members, including former Attorney General Mr. Paul Adderley, said Mr. da Costa would not have been completely impartial in the inquiry.
Mr. Adderley said Mr. da Costa publicly expressed antagonism toward the former government and its members after he became embroiled in a fight with the Minister of National Security over his immigration status in 1985.
Mr. da Costa, after retiring as Bahamas Chief Justice, applied to the director of Immigration to reside there permanently and become a legal consultant to Bahamian lawyers.
He was told he had to apply to the Ministry of National Security, but his application to engage in practice was refused.
According to The Tribune newspaper in the Bahamas, Mr. da Costa accused the Immigration Department of using its powers under the Immigration Act as an instrument of oppression, vindictiveness and petty spite.
And his lawyer, Mr. Orville Turnquest, who is now the Minister of Justice, said Mr. da Costa had no wish to return to the Bahamas as long as the former government was in power.
But Mr. da Costa yesterday said the controversy over his appointment was purely political and not worth delaying the inquiry.
"It would have ultimately meant that they (PLP) could carry it (opposition to his appointment) to court,'' he said. "In order to avoid that unnecessary battle, I stepped down.'' Mr. da Costa, who is also recovering from a knee operation in December, said if he sat on the Commission, he would have also had to find a substitute for the Court of Appeal which resumes next month.
This, he said, would have required travelling which he was trying to avoid since his knee was expected to take about three to six months to completely heal.
Mr. da Costa's spot on the Commission has been filled by Sir William Randolph Douglas, a renowned Barbadian jurist who was serving as the High Commissioner for Barbados in London.
THE HON. HARVEY DA COSTA -- `the controversy was purely political.'
