By RASHAD ROLLE

Tribune Staff Reporter

rrolle@tribunemedia.net

A LAWYER for the Bimini Blue Coalition raised concerns in the Court of Appeal yesterday over the validity of a permit issued to Resorts World Bimini, pointing to alleged contradictory statements made by officials of the Department of Physical Planning at the Ministry of Environment and Housing.

While lawyer Fred Smith was in court, his law firm received a letter that was later entered into evidence. It was signed by Michael Major, the Director of Physical Planning, on May 14, 2014.

In the letter, which was written in response to the BBC’s requests for information about dredging, Mr Major says: “Please be advised that applications for dredging operations are submitted to the Department of Lands & Surveys, a body that is also responsible for issuing permits. You are advised to contact the agency for further information on the referenced permit and plans.”

Mr Smith submitted that the letter meant that the DPP abdicated his duties as the person responsible for deciding whether to grant a permit over to the Department of Lands and Surveys, which falls under the prime minister’s portfolio.

Mr Smith questioned how the DPP could write the letter and yet his department issued a dredging permit on May 22, just before a Privy Council hearing.

He called the permit dishonest.

Court was adjourned yesterday to allow the government and the developer to file an affidavit dealing with the new issue.

The BBC is appealing the Supreme Court’s decision to lift an injunction on dredging activities in Bimini.

An injunction was placed on the activities by the Privy Council last month and the developer was given the freedom to have the injunction lifted by proving the validity of the permit it received on May 22 that was signed by the Acting Director of Physical Planning under the Conservation of the Physical Landscape of the Bahamas Act.