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North Abaco MP Kirk Cornish was charged with rape, assault, and death threats on Wednesday for alleged abuse of his former girlfriend between January and April. The charges against the sitting Member of Parliament raised a legal question—do criminal charges disqualify Cornish from representing North Abaco in the House of Assembly?

The short answer is that even though Cornish is charged, the two counts of rape, two counts of assault, and one count of death threats against him cannot cause him to resign from the seat.

No law or rule stops him from staying in the House of Assembly while fighting the charges.

Cornish, a first-time MP, after winning the North Abaco seat in the September 2021 General Election, is not legally required to resign from his seat unless he is convicted and sentenced to more than 12 months in prison, according to Article 48 (1)(f) of the constitution.

If pressure from his party and the public builds, he can choose to leave his seat and the vacant seat would then require a by-election–when political parties put forward candidates as replacements for the MP who quit Parliament. Voters from the North Abaco constituency will choose who should succeed him.

In a statement released before his arraignment, Cornish defended his role as the partner in the two-year relationship with Warduia Lightbourne. “The charges are based on allegations which are totally false.

“I am fully confident that the facts which emerge during the judicial process will prove my innocence. I look forward to ending this nightmare…this was a breakup that was manipulated and exploited for political reasons—and nothing more.

“The truth will set me free.”

The charges are embarrassing for the Progressive Liberal Party and have thrust the mp’s conduct into the national spotlight since he also served as parliamentary secretary in the Prime Minister’s office before his resignation on Tuesday night.

While he is not the first sitting parliamentarian to be charged with a crime, it is a practical hurdle that could inhibit the governing party’s campaign in the next general election.

The woman who accused Kirk Cornish of raping, assaulting and issuing death threats against her during their two-year relationship, was named in a court document as Warduia Lightbourne.

Earlier in the year when Lightbourne made the allegations, she was never officially identified but remained anonymous with broadcast media only showing her lower extremities as she recounted the horrid details entailing her boyfriend, the first-time North Abaco MP.

She filed the police report in April and Cornish was charged on Wednesday on five counts–two counts of rape, two counts of assault and one count of threats of death. She is expected to testify against him when the trial date is set, which will thrust her into the national spotlight.

Who is Warduia Lightbourne?

Lightbourne’s  Facebook page said she studied medicine in Cuba and pictures show her in a medical uniform as she holds a certificate from the Latin America School of Medicine in Havana.

Friends congratulated her as a pediatrician in 2020.

How did Warduia Lightbourne describe the rape, assault and death threats?

The 35-year-old accused Cornish of raping, assaulting and threatening her between January and April.

According to the claims, Cornish choked her twice near unconsciousness, then poked her in the eye which he excused to be ‘an accident’ while the couple stayed in Abaco.

She alleged he even threatened to kill her family while she watched.

On March 24 while spending time in Nassau together, Lightbourne said Cornish held a knife to her throat and attempted to stab her.

Then on April 4, he ripped off her pants and underwear and forced himself on her. Before leaving the house, the MP said he came by to kill the family but ‘not enough of the family was in the yard.’

She then filed a police report on April 7.

During her conversation with the media in April, she said, “…something has to be done because he needs help, and whatever route that takes, it has to be done.

“I didn’t do this to hurt him. I did this to help him.”

A prosecutor has charged North Abaco MP Kirk Cornish on 5 counts centering on the alleged abuse of his former girlfriend. The first-time Member of Parliament who came to office in 2021 was arraigned in the Magistrate’s Court on Wednesday morning following months of swirling accusations and questioning.

Cornish is charged with counts of sexual assault, physical assault, and death threats.

He did not enter a plea, was denied bail, and remanded to the Bahamas Department of Corrections. His attorneys Owen Wells and Anthony McKinney made a mad dash to the Supreme Court seeking bail approval.

The night before his arraignment Cornish said “The truth will set me free,” proclaiming the allegations came as a result of “a break up that was manipulated and exploited for political reasons—and nothing more.”

What is Kirk Cornish charged with?

The 5-count charges returned by prosecutors on Wednesday include:

• Two counts of rape
• Two counts of assault
• One count of threats of death

Questions about Kirk Cornish’s conduct

The charges against Cornish were filed after months of police investigations and after he was questioned in April for the alleged claims. He was elected the Member of Parliament in September 2021 for North Abaco following the General Election and during his second year serving in the position, he has been dogged by the allegations about his conduct toward his girlfriend who appeared in the media to reveal the horrid details of their two year relationship. The woman Warduia Lightbourne said “…something has to be done because he needs help, and whatever route that takes, it has to be done. I didn’t do this to hurt him, I did this to help him.”

Cornish has been accused of choking her twice near unconsciousness, then poking her in the eye which he excused to be an accident. She alleged he even threatened to kill her family while she watched.

On March 24 while spending time in Nassau together, she said Cornish held a knife to her throat and attempted to stab her. Then on April 4, he ripped off her pants and underwear and forced himself on her. Before leaving the house, the MP said he came by to kill the family but ‘not enough of the family was in the yard.’

She then filed a police report on April 7.

Cornish was questioned by police in May and released as police continued their investigations.

Since the court filings, he has resigned as Parliamentary Secretary in the Office of the Prime Minister and remains the MP for North Abaco.

When will Cornish appear in court?

He will return to court on October 17 for a Voluntary bill of indictment and could face years in prison.

After months of waiting to see if the controversial sitting North Abaco MP Kirk Cornish will face charges for the alleged sexual and physical assault of his former girlfriend, the first-time MP will be arraigned on charges of sexual assault and threats of death.

The new and stunning development came Tuesday evening though police reports failed to specifically identify the “48-year-old male of Abaco.”

Cornish responded after reports circulated that he was indeed the individual to be arraigned in the Magistrate’s Court at 10 am.

“The charges are based on allegations which are totally false.

“I am fully confident that the facts which emerge during the judicial process will prove my innocence. I look forward to ending this nightmare,” he said in a statement.

This statement came after he resigned as Parliamentary Secretary in the Office of the Prime Minister, to which PM Philip Davis said the Director of Public Prosecutions “determined that there is sufficient evidence to bring charges” against Cornish.

“It is now up to our judicial system to resolve the outcome,” Davis summed up in a press release.

Cornish was questioned in May about the alleged incident which occurred in April and turned himself in to authorities in Grand Bahama where the police report was filed, but was soon released after questioning.

Many in the public doubted his arrest considering his public profile.

This case is unprecedented in nature and rarely do Bahamians see the arrest and charge of parliamentary members.

His charge and arraignment means he has a case to answer but Cornish said the evidence will show that “this was a break up that was manipulated and exploited for political reasons—and nothing more.

“The truth will set me free.”

Cornish remains the member of parliament for North Abaco.

North Abaco Member of Parliament Kirk Cornish was in Grand Bahama on Thursday to answer questions about the sexual assault allegations leveled at him by his former girlfriend.

The questioning took place at a police station in the nation’s second city where the complaint was made. The announcement of his appearance accompanied by a lawyer, drew attention and widespread public debate that his historic surrender brings.

Many Bahamians took to social media to express, “No one is above the law,” when the authorities announced that Cornish “turned himself in” around 5:25 pm.

Cornish, who is a sitting member of parliament, was asked about his encounters with the unnamed woman who accused him of choking her twice near unconsciousness, then poking her in the eye, before threatening to kill her family.

She alleged on March 24 while spending time in Nassau together, Cornish held a knife to her throat and attempted to stab her. Then on April 4, he ripped off her pants and underwear and forced himself on her.

When she filed an official complaint against him on April 7, he was not questioned immediately, until Commissioner of Police Clayton Fernander announced this week that Cornish would be brought in during the week to answer questions in regard to the accusations after their preliminary investigations were completed.

Though the media did not outrightly identify him as the person accused of the sexual assault, they asked him about the allegations as he arrived at Parliament, to which Cornish replied, “No comment.”

The woman told the media “…something has to be done because he needs help, and whatever route that takes, it has to be done. I didn’t do this to hurt him, I did this to help him.”

It remains to be seen if police have sufficient evidence to charge him with a crime.