By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

THE Court of Appeal yesterday rejected a lodge’s bid to reverse a landmark civil action in the Supreme Court concerning the suspension and eventual expulsion of a freemason from the Prince Hall Grand Lodge.

Eugene Nairn, a past Master of Columbus Lodge under the PHGL, started an action against the lodge in July 2010, asking the court to determine whether a purported suspension date in a letter in August 2009 and purported expulsion in September 2010 were in accordance with the procedure under Article 25 of the lodge’s constitution. That section states that “no brother shall be suspended nor expelled, neither before nor without a fair and impartial trial after previous service of a formal charge”.

Supreme Court Justice Milton Evans granted Nairn’s request to nullify both, ruling that masonic jurisprudence does not and “cannot” overreach the laws of The Bahamas.

The PGHL, however, contested the landmark decision to the appellate court on similar grounds argued in the Supreme Court in that the court should not involve itself in the affairs of a private organisation.

Yesterday, however, Justices Anita Allen, Abdulai Conteh and Neville Adderley did not accept the PGHL’s view and Justice Conteh explained why.

“The powers which the lodge and its officers and bodies exercise over those who, like the respondent, agreed to be bound by its constitution, derive from the agreement of the parties. However, it cannot be that membership of a Masonic Lodge automatically annuls members’ right of recourse to the ordinary courts of the land; especially where a claim is against the imposition of sanctions without due process, which it is claimed, is inconsistent with the Constitution of the Lodge itself.

“It might, perhaps, have been part and parcel of the Ancient Landmarks and Usages of Freemasonry that the Grand Master could, without a hearing, suspend and later expel a member of the fraternity. However, since the adoption of its Constitution, any such usage would now be subject to it; and to find validation, such suspension or expulsion must be reconcilable with the provisions of the Constitution.

“There is, therefore no doubt that for an organisation that is held in high esteem not only by its members but also by a large body of non-members, the lodge in issue in this case, by its constitution, has in place a detailed code for the hearing and determination of charges and the imposition of sanctions against any member or officer that is found to be errant. This code we find is compatible with the principles of fairness that is a part of any proper system of adjudication and imposition of sanctions.”

The Craft of Masonry was passed on through English traditions to the colonists, including those in the Bahamas. An Act of Parliament in 1975 established the PGHL.

Sir Cyril Fountain and Carlson Shurland represented PGHL in the appeal Maurice Glinton, QC, Meryl Glinton and Keith Major represented Mr Nairn.