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Human Rights Commission set for closing arguments

By Magnus Henagulph A single mother who was sacked from her job at a Baptist Ministry's nursery when she fell pregnant will hear the closing arguments at the Human Rights Board of Inquiry into her case today.

The final witnesses gave evidence yesterday into why Tanisha Smith lost her job after admitting to church members at the First Baptist Ministry in Devonshire that she was pregnant.

Pastor David Long, who has been at the church for seven-and-a-half-years, took to the stand during the hearing -- only the third human rights' case to be heard in Bermuda in 20 years -- and told the inquiry that all staff had to abide by Christian principles.

He said: "We see marriage as the basic institution of society and encourage marriage. I have nine sessions of pre-marital counselling for marriages I will perform.

"We have a very strong view of pre-marital sexual relationships and we have spoken from the pulpit on numerous occasions, as well as at Sunday school, on unwed pregnancies in Bermuda and how we can respond.

"One way is through the Youth Ministry and the True Love Waits programme, based on principles of sexual morality and abstinence till marriage.'' Lawyer for the church, Kieran Unwin, asked the Pastor if children at the nursery school were too young to grasp certain concepts, such as sex before marriage, to which the Pastor responded "poppycock''.

Pastor Long added: "The longer we wait to teach certain concepts means we are losing time.'' He went on to outline the seven areas that were central to the Baptist teaching at the nursery and Sunday school as God, Jesus, family, self, nature, community and others.

Pastor Long added that children often acted out what they learnt from their parents, for example, he had seen a child put a pillow under her shirt mimicking her pregnant mother.

Pastor Long was then asked if he recognised a document prepared in response to the problem of Ms Smith's pregnancy and replied that he had written it.

The document made two recommendations -- firstly that Ms Smith be dismissed, and secondly that the position of the church in relation to unwed pregnant mothers be properly defined and set out in writing.

The church did have a policy on unwed mothers which was not in writing.

Pastor Long said: "The policy was not a written policy just as we haven't written down the ten commandments in policy form but we expect to adhere to them.'' A similar case was mentioned in which a teacher who was not married became pregnant.

However, in this case, the deacons met and made a recommendation to terminate her contract unless she rectified her marital situation immediately, and she did this by getting married several weeks after her pregnancy had been announced.

Before his testimony was over, Pastor Long was asked what it meant to be a Christian by the complainant's lawyer, Claire Hatcher.

"We believe Jesus Christ is our Lord and saviour and that God sent Jesus to Earth to forgive our sins. To be a Christian man is to receive Jesus Christ as Lord and saviour and follow in the principles he left for us, his teachings which are found in the Bible and I think involves the exemplary lifestyle in our dealings with each other, community and respect for one another.'' The next witness to give evidence was Gretta Byron, who has been chairperson of the Wee Land Nursery for the past six-and-a-half years.

Ms Byron said that, during her time, a policy had been in place that started with the inception of the nursery. It said: "All teachers are bound by Christian principles as set out by the Baptist Church.'' In cross examination, Ms Byron said the church believed that Ms Smith had broken the principles of being a Christian representative.

The last witness to be called was Marvin Kelly, a church deacon of 20 years.

Mr. Unwin asked him: "So far, as the nursery is concerned, has there ever been a policy in place about a teacher's lifestyle?'' Mr. Kelly replied: "Yes, since the inception of the nursery. That they would be Christian and follow Christian principles. This was paramount to the starting of the nursery.'' In cross examination, Ms Hatcher asked if he was at the meeting of the deacons that made the recommendations concerning Ms Smith.

Mr. Kelly said he was at the meeting and accepted the recommendation of termination as well as establishing a policy of Christ-honouring principles, although one had always been in place as far as he was concerned.

The Human Rights Board of Inquiry will meet this morning for summing up and will then withdraw and review the case. A decision is expected a few days later.

CHURCH CHU