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.