By Anthony L. Hall
ANNA NICOLE
When Americans began spewing indignation at Aruban authorities over their failure to solve the mysterious disappearance of Natalee Holloway, I felt obliged to admonish them that they would be well-advised to spew that indignation at American authorities over their failure to solve the mysterious disappearance of thousands of young girls in the United States.
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Anthony L. Hall is a descendant
of the Turks & Caicos Islands,
international lawyer and political
consultant - headquartered in
Washington DC - who publishes
his own weblog, The iPINIONS
Journal, at http://ipjn.com
offering commentaries on
current events from a
Caribbean perspective.
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Now Americans are spewing indignation at Bahamian authorities over the way they are proceeding to solve the legal mess Anna Nicole left behind. And again I feel obliged to admonish them that they would be well-advised to spew that indignation at American authorities over the way they allowed unscrupulous doctors to deal Anna Nicole the apothecary of drugs that eventually killed her.
Incidentally, apropos indignation, I don’t mind confessing a little of my own whenever I’m constrained to explain the intricacies of Bahamian law to Americans who know virtually nothing about American law. And, never mind explaining the differences between our inquests and their grand juries, which, frankly, are immaterial to their superficial interests. I take umbrage at their criticisms about the procedural tactics being deployed in our Courts. After all, even the most lay-Americans should know, if only by osmosis, that Howard K. Stern’s Bahamian attorneys are doing exactly what American defense attorneys do everyday to further their client’s interests – no matter how psychopathic and mercenary others may deem those interests to be.
Therefore, notwithstanding demands for Bahamian authorities to wrap up these Anna Nicole-related matters as they might be on an episode of Law & Order, it is clearly in Stern's patently-suspect interest to delay, delay, delay! And this, alas, lawyers everywhere know how to do; especially for clients with deep pockets to inspire their legal creativity. (Despite his denials under oath in Florida, credible reports are that - for exclusive access to all things Anna Nicole - American tabloids and TV stations have deposited over $4 million in Stern’s secret banks accounts in The Bahamas... And anyone who thinks he’s holding this money in trust for Dannielynn is smoking ganja!)
For a little perspective, however, consider this: There is far more compelling evidence that famed music producer Phil Spector killed a woman in cold blood in his Los Angeles home four years ago than there is that Stern had anything to do with the death of Anna Nicole’s son Daniel in a Nassau hospital six months ago. Yet Spector’s lawyers filed so many procedural motions to delay his murder trial that jury selection in his case only began on Monday. Therefore, given this precedent (and many others I could cite), Americans should bite their tongues for complaining about the due process and speed of the inquest into Daniel’s death.
Perhaps more on point, it is instructive to note that the unprecedented amount of public interest in the inquest into the death of Princess Diana has caused it to be delayed - for one reason or another - for ten years now….And it’s still pending. Therefore, don't be surprised that the extraordinary amount of public interest in this inquest might cause it to be delayed – for one reason or another – for at least 10 months...
In the meantime, be encouraged that a jury has already been empaneled and that witness testimony is very likely to begin next week. Although, as I’ve indicated in previous articles, anyone expecting this jury to issue a verdict of death by homicide against Stern will be sorely disappointed. Because I am convinced that, at best (or worst depending on one’s perspective), this jury of seven Bahamian women will find that Stern facilitated the illegal trans-shipment of drugs into The Bahamas and perverted the course of justice by disposing of incriminating evidence after the fact. Both of which, of course, are relatively serious crimes and would land him in jail - if found guilty as charged.
But to help assuage the frustrations of my (Stern’s-a-baby-stealing-murderer) American friends, I predict (but don’t bet your kid’s lunch money on this) that Stern will be prosecuted, eventually; that he will be found guilty of criminal mischief on charges related to Daniel’s death; and that he will be sentenced to spend a fair amount of time in our island paradise in far less accommodating confines than he has become accustomed to at the Horizons estate.
NOTE: I hope all interested spectators will derive some consolation from the fact that the paternity and custody cases will be resolved in the interim. (See Related Articles below)
IRAN
Britain’s reaction to Iran’s capture of 15 of its Marines last week was full of sound and fury signifying nothing! From the Middle Ages, the art of war in the Middle East has been governed by lex talionis – the law of retaliation (or the categorical imperative) which calls for “an eye for an eye... a life for a life”. Therefore, the capture of these Britons by the Iranians was sanctioned retaliation – pursuant to this law - to avenge the capture of Iranians in Iraq by the Americans last December.
That said, there is probably some truth to reports that the Iranians took this action to spite the UN Security Council because it was poised to enact more onerous sanctions against Iran. However, it is far more accurate to report that these dingy-roaming marines just happened to be sitting ducks. And all parties to the cold war being fought by proxy throughout the region between the US and Iran appreciate that they presented a target of opportunity that the Iranians would have been foolish not to seize.
(Incidentally, it is an ironical, perhaps even comical, manifestation of the lex talionis rules of engagement that when the British presented GPS coordinates purportedly proving that the marines were in Iraqi waters, the Iranians retaliated with GPS coordinates of their own purportedly proving that they were in Iranian waters. Never mind that neither side believes that it matters one fig at this point where they were captured.)
At any rate, I admonish you to ignore all of the bellicose rhetoric being exchanged between the UK and Iran; especially since it smacks of a patently hollow threat for British PM Tony Blair to warn about taking “a different phase if diplomacy failed to secure their release”. Because the only thing that matters now is what leverage each side has in behind-the-scenes bartering for the release of its respective captives, which I suspect is already underway. But be mindful that this could take weeks or months depending on how much Iran wants to make the British sweat.
Indeed, it is instructive to recall that last summer Israel launched a costly war against Hezbollah, Iran’s proxy government in Southern Lebanon, to secure the release of one of its soldiers. Yet Hezbollah is still holding that soldier today – 8 months after capturing him – as a bargaining chip.
It follows, therefore, that the Iranian are sitting in the catbird seat in this standoff. And they seem determined to make the British squirm in all manner of ways consistent with their leverage and presumed impunity; hence the publication of patently-contrived propaganda letters in which the marines denounce their mission and their government. And the Iranians can do this because everyone knows that it would be an even greater folly for the British to escalate this hostage crisis to a shooting war than it was for the Israelis to do so against Hezbollah.
In due course, pursuant to customary practice for settling disputes in the Middle East, the Iranians will release their British captives in exchange for the Iranians being held in Iraq. And this, notwithstanding that the Americans have accused them of providing money and logistical advice to Iraqi insurgents, and that they may number many more than 4 as widely reported (in fact, as many as 36). In the meantime, I hope the captured Brits can make themselves comfortable, because they may be staying awhile...
It’s worth noting, however, that this little tit for tat will have no bearing on the course of the Iraq war or escalating UN sanctions against Iran to get it to stop its nuclear program.
Likewise, I feel obliged to note that it’s naïve for President Bush to think that ordering battleships to the Persian Gulf will force Iran to retreat from its defiance in dealings either with the British over this hostage crisis or with the United Nations over their nuclear program. In fact I suspect it will only evoke derisive laughter in the Iranians who know full-well that – just as the British are making threats they can’t back up - the Americans are showing off big guns but they don’t have the balls to pull the trigger...
Related Articles:
Clarifying the legal mess Anna Nicole left behind
Resolving the legal mess Anna Nicole left behind
Natalee Holloway still missing in Aruba
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