Resorts World denies breaching injunction

By RASHAD ROLLE

and DENISE MAYCOCK

Tribune Staff Reporters

QUESTIONS have been raised over whether Resorts World Bimini has breached a court order not to start dredging activities until the validity of a permit it recently obtained has been established.

An affidavit was filed in the Supreme Court yesterday by the Bimini Blue Coalition (BBC), purporting to feature evidence that dredging has been taking place in North Bimini despite a Privy Council’s ruling last week Friday.

In a statement released to The Tribune, however, Resorts World Bimini (RWB) spokesperson Michelle Malcolm denied that any dredging has taken place since the Privy Council granted the BBC’s injunction request, which brought dredging activities to a halt.   

In a Grand Bahama courtroom before Supreme Court Senior Justice Hartman Longley, the BBC raised the concern as a preliminary matter while attorneys for the developer sought to have the injunction lifted.

A digital image taken by maritime satellites purporting to show that the “Niccolo Machiavelli” dredger moved in a “typical dredging pattern” on Saturday, was included in an affidavit filed by registered American engineer Ronald Coddington.

Mr Coddington claimed in the affidavit that he has reviewed several such photos since Friday and he believes the dredger is cutting rocks.

He said: “The photos show silt plume which confirms that excavation and sea bed disruption is ongoing at the time of the photographs.”

During his submissions, BBC’s lawyer Fred Smith said: “The dredger should not be doing anything until the order is discharged.”

He claimed that his group has video of a marine survey satellite which tracks the footprints of the vessel and that evidence allegedly indicates a pattern of continued dredging.

Attorneys for the developer, who categorically denied that dredging has taken place since the Privy Council’s injunction, are expected to file an affidavit today which disputes the claims that dredging has taken place.

They will also continue to fight for the injunction to be lifted.

The Privy Council granted the BBC’s injunction request last week, giving attorneys for the developer the freedom to have either the Supreme Court or the Court of Appeal lift the injunction if the court becomes satisfied that a permit obtained by the developer last week Thursday complied with conditions stipulated in the Conservation and Protection of the Physical Landscape of the Bahamas Act.

Comments

marrcus says...

the “Niccolo Machiavelli” dredger ---------"Machiavellianism" is a widely used negative term to characterize unscrupulous politicians of the sort Machiavelli described in The Prince. The book itself gained enormous notoriety and wide readership because the author seemed to be endorsing behavior often deemed as evil and immoral.

SEEMS a fitting name for this piece of equipment.

Posted 27 May 2014, 12:11 p.m. Suggest removal

proudloudandfnm says...

Let's see.

They started driving pilings in way before they had approvals.

They demolished an entire building that did not belong to them because they wanted to open their own beach bar.

They started casino trips to nowhere in the US after they were told they could only do so if all crew are US citizens....

Yep. No doubt they're ignoring the court order...

Posted 27 May 2014, 12:17 p.m. Suggest removal

B_I_D___ says...

Yup!

Posted 27 May 2014, 12:28 p.m. Suggest removal

BiminiRick says...

When the top heads of Bahamian government give a major worldwide concern the go ahead for ANYTHING you want to do...they will do so! This is nothing new in the Bahamas. Every change at Lyon's place, since Rockwell owned it, has been made expressly WITHOUT the approval or even knowledge of the local population. Remember that they razed "the pines" in three days and no one knew it was coming. The property then sat barren and unused for almost 10 years. How silly that we elect "representatives" (a word that implies those elected will represent out interests), who do not consult or seek any sort of consensus from those they represent. Shame on this worldwide conglomerate for destroying Bimini. But even greater shame on us as Bahamians for ALLOWING IT!

Posted 27 May 2014, 1:02 p.m. Suggest removal

ETJ says...

The permit proffered to the Privy Council last Friday, dated May 22nd, was for 874,000 cubic yards to be dredged, almost four times what was specified in the original sketchily documented applications. The EIA, nor the EMP on file with BEST reflect this. The original plan called for 220,00 cubic yards of dredging solely to fill the man made ferry terminal island. That was bad enough. Now all of a sudden they have been granted approval to dredge four times as much material, and put much of it in a completely different location, for an as yet undisclosed purpose? With no new application, no new EIA or EMP. The rule of law and due process has been completely ignored. If this is allowed to stand, there is no hope - every island in this beautiful nation is at risk.

Posted 28 May 2014, 12:23 a.m. Suggest removal

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