Even though this is not new news - I thought it was worthy of a full group ping.
Commentary: UPDATE: Resolving the legal mess Anna Nicole left behind
Published on Thursday, March 15, 2007
By Anthony L. Hall
Today is being heralded as a day of reckoning in the late Anna Nicole Smith’s baby-Daddy drama. But, as was the case with everything in her life, today’s proceedings will be characterized far more by surreal fanfare than legal resolve.
In fact, the only moment of reckoning for parties to the Dannielynn-paternity and Horizons-ownership matters will probably come when they have to fight their way through rabid media scrums to enter and leave the Supreme Court. Because I suspect the legal jousting and posturing (amongst judges, lawyers and litigants) that have prolonged these matters thus far will conspire to extend them further still. And this, notwithstanding the fact that the paternity and ownership, respectively, could easily have been resolved months before Anna Nicole died if judges in The Bahamas had the temperament to exercise their authority more judiciously and decisively.
For example, when Larry Birkhead’s attorney’s filed papers in the Bahamian court months ago seeking enforcement of an order from a California court for Anna Nicole to provide DNA saliva samples from herself and Dannielynn to establish paternity, presiding Justice Stephen Isaacs should have ordered her to comply forthwith. And let me hasten to clarify that he should have done so not to genuflect to the California court; but rather to honour the letter and spirit of Bahamian law.
After all, Chapter 130 on the Status of Children provides that:
“Where circumstances exist that give rise to presumptions of paternity in respect of more than one father, no presumption shall be made as to paternity.”
This means that even though Howard K. Stern is presumed to be Dannielynn’s father - because he is allegedly designated as such on her birth certificate and cohabited with Anna Nicole for a statutorily-required period of time before her birth - that presumption was rendered moot by Birkhead’s application concerning this child’s paternity. And, even Stern’s lawyers would have to concede that Birkhead’s lawyers have presented enough circumstantial evidence in court to sustain a rebuttable case against Stern’s claim of paternity.
Therefore, Justice Isaacs had the authority (and duty) to order “blood tests” (or more advanced DNA tests) to determine paternity. And had he done so, he would have furthered the best interest of the child by resolving her paternity long before Anna Nicole died.
As it stands, Bahamian courts appear to be enabling, albeit unwittingly, Stern’s (and Anna Nicole’s posthumous) scheme to perpetrate a fraud not only on the court - by using it presumably to shield his mercenary interest in claiming paternity, but also against Birkhead (assuming he is the biological father) – by denying him the experience of sharing in the most precious moments of his daughter’s life. Therefore, I entreat Justice Isaacs to seize this opportunity to redeem Bahamian jurisprudence by ordering DNA tests today to finally establish paternity, without further ado.
(Then, of course, he can hear the more interesting matter concerning who gets custody of Dannielynn. And, notwithstanding cultural biases and legal precedents that favor mothers and grandmothers in custody cases, I submit that, under these circumstances, if Birkhead is determined to be the father, it would be in the best interest of the child to award him, not Anna Nicole’s estranged mother, Vergie Arthur, legal custody.)
Meanwhile, I am loath to bore you with too much commentary on the even more farcical Horizons dispute - between a squatting Stern and American real estate mogul G. Ben Thompson - over who is the legal and beneficial owner of this Bahamian property. Therefore I shall suffice to note that this case also should have been resolved months ago, and with even greater dispatch than the paternity case. In fact, but for the alleged machinations of a seemingly star-struck and love-lorn Bahamian minister of immigration (see Related Articles below), it would (and should) never have become a legal matter at all.
For the record, this silly dispute arises from the fact Anna Nicole took possession of Horizons to secure her permanent residency, but failed to honor contract terms to establish ownership. But her residency should never have been granted until she presented legal documents to prove that she had invested in real estate as required by law. (Then she would have been forced to resolve this matter to maintain her fugitive refuge from that California court order.)
Nevertheless, since Mr Thompson is the purported title holder (and no other ownership interest has been registered that supersedes his), the Judge should have granted his application to evict freeloading Stern and Anna Nicole long before she died. Therefore, it would amount to an egregious perversion of justice if she fails to settle this matter today – given that the parties are bound to have all documents necessary to support their respective claims available for consideration.
Accordingly, I hope the Honorable Justices of the Supreme Court of The Bahamas make us proud by doing the right (and just) thing today, despite the fanfare.
Anthony L. Hall is a descendant
of the Turks & Caicos Islands,
international lawyer and political
consultant - headquartered in
Washington DC - who publishes
his own Internet Weblog at
www.theipinionsjournal.com
offering commentaries on current
events from a Caribbean
perspective
Courts in the Bahamas cannot ORDER anybody to give DNA samples.
link to article in post 3395 (I forgot to include it)
http://www.caribbeannetnews.com/news-504--6-6--.html
It IS worthy! Thanks for posting.
Excellent article and right on.
For example, when Larry Birkhead’s attorney’s filed papers in the Bahamian court months ago seeking enforcement of an order from a California court for Anna Nicole to provide DNA saliva samples from herself and Dannielynn to establish paternity, presiding Justice Stephen Isaacs should have ordered her to comply forthwith. And let me hasten to clarify that he should have done so not to genuflect to the California court; but rather to honour the letter and spirit of Bahamian law.
Did the CA judge have authority to order Anna and the baby back to the states to take the DNA test? And if so, it's too bad she died before that could be done.