Tuesday, August 11, 2015
By NICO SCAVELLA
Tribune Staff Reporter
nscavella@tribunemedia.net
ATTORNEY General Allyson Maynard-Gibson yesterday denied claims that the government was conspiring with China Construction America Bahamas and the Export-Import Bank of China to undermine the orders of a US bankruptcy court in Delaware.
Responding to claims recently made by an attorney for Baha Mar, Mrs Maynard-Gibson acknowledged that the government “shares the same interest as many other creditors.” However, she said there is a “big difference” between “common interests as creditors and a conspiracy.”
Mrs Maynard-Gibson also said negotiations between Baha Mar and its Chinese partners to come to an agreement over the future of the $3.5b project are currently at an “interesting, delicate stage.”
Mrs Maynard-Gibson did not say if she felt the relevant parties would ever come to an agreement; however, she said she remains “optimistic and hopeful” that the matter can be resolved outside of court.
Last week, CCA (Bahamas) attorney Michael Guiffre wrote a letter to US bankruptcy Judge Kevin Carey, seeking a protective order to prevent Baha Mar from interrogating CCA executives over their dealings with the government subsequent to the resort’s June 29 Chapter 11 bankruptcy filing.
On Friday, Laura Davis Jones, attorney for Northshore Mainland Services Ltd, a Delaware-based company owned by Baha Mar, dismissed Mr Guiffre’s letters to Judge Carey as “gamesmanship” in a series of litigation tactics. She also accused the government of conspiring with CCA and the Exim Bank to undermine the proceedings currently underway.
When questioned by reporters on the matter outside the Senate yesterday, Mrs Maynard-Gibson said: “Our courts continue to resolve complex commercial disputes with the utmost competence, independence and integrity. The Bahamas government shares the same interest as many other creditors. There’s a common interest as creditors. There’s a big difference between the common interests as creditors and a conspiracy.”
She added: “There is no conspiracy. I don’t think I can say it clearer than that. What the Bahamian people want is for that resort to be remobilised, opened and operated as quickly as possible for the benefit of the Bahamian people.”
When questioned by The Tribune for an update on negotiations over the resort’s future, Mrs Maynard-Gibson said: “I would say everything is at an interesting stage, a delicate stage some people might describe it as. I remain optimistic and hopeful and I hope that, as the prime minister has indicated, this matter can be resolved by agreement.”
She added that the Supreme Court would hear the government’s winding up petition to appoint a liquidator for Baha Mar on August 19.
She said if the parties cannot reach a resolution out of court, then this avenue will “expedite the remobilisation, the opening and the operation of Baha Mar as quickly as possible for the benefit of the Bahamian people.”
Last week, Mr Guiffre urged the Delaware bankruptcy court to stop Baha Mar’s “proverbial fishing expedition” and prevent it from using the Chapter 11 action to “tarnish the Bahamian government.”
Slamming Baha Mar’s “unwarranted and inappropriate discovery,” Mr Guiffre said the developer’s demands were “wholly irrelevant” given that CCA’s bid to dismiss the Chapter 11 action was founded on one issue – whether Delaware, rather than the Bahamas, was the correct forum for insolvency proceedings involving Bahamian companies.
On August 7, however, Ms Jones sent a letter to Judge Carey, asking him to deny CCA’s request for a protective order as well as compel CCA to produce documents and testimony in response to her clients’ discovery requests.
Ms Jones stressed that her clients are seeking documents and testimony from a corporate representative on CCA’s communications with the Bahamas government about Baha Mar’s proceedings in the US and the Bahamas. That includes the memorandum of understanding (MOU) signed between CCA and Baha Mar on May 17, 2013.
Mrs Maynard-Gibson has led two government delegations to Beijing, China for negotiations about the resort since the property filed for bankruptcy on June 29.
Despite the talks, a deal has not been reached.
Comments
Bahamian_in_London says...
"The Bahamas government shares the same interest as many other creditors."
While this may be true, other creditors have not had the personal guarantee of the Prime Mister of Bahamas that they will impartial mediators in the dispute.
The Government can declare itself as either a creditor or a impartial mediator. It cannot be both.
Posted 11 August 2015, 12:53 p.m. Suggest removal
proudloudandfnm says...
Yes. Government is most definitely conspiring with the Chinese to steal Izmerlian's resort.
Posted 11 August 2015, 12:54 p.m. Suggest removal
HarryWyckoff says...
> Govt ‘Not Conspiring With’ Chinese Company And Bank
.... says the government in an official statement that sounds official, all the while wondering "what the hell happened to the days when a turkey and a t-shirt would shut these stupid people up?"
Posted 11 August 2015, 12:56 p.m. Suggest removal
newcitizen says...
It's about time more Bahamian's realized they were swindled with a cookout and t-shirt. This government has stolen hundreds and hundreds of millions of dollars. The money that would have helped to reboot our failed school, create jobs, bring financial support to those in need, provide health care. The Bahamian people suffer so that these so called leaders can line their pockets. Enough is enough. We could easily balance the budget, pay our debt and not even need VAT if the government just stopped wasting and stealing money.
Posted 11 August 2015, 3:18 p.m. Suggest removal
Dumbfounded says...
The contents of Sir Baltron Bethel's email clearly indicates otherwise.....
Posted 11 August 2015, 1:13 p.m. Suggest removal
Well_mudda_take_sic says...
Re-post: And knowing she had a serious conflict of interest, she still went ahead and caused upwards of $600,000 of the honest hardworking Bahamian taxpayers money to be spent on two luxurious trips to China with delegation in tow, including one of the key conspirators behind the government's efforts to defraud the Izmirlian family, namely Baltron Bethel. The entire delegation apparently flew first class on the two trips and stayed at the five-star Ritz Carlton in Beijing on each occasion; in fact the Wicked Witch made it a point to book the Royal Suite at the Ritz! Meanwhile we have many children in our public education system who will soon be returning to school from their summer break only to find that there are serious shortages of text books and other school supplies, not to mention school rooms, water fountains, bathrooms, etc. in a state of disrepair. That $600,000 this grotesquely evil woman wrongly spent in looking out for her and her family's own greedy and highly conflicted self interests could have gone a long ways towards much more useful and necessary things that are so desperately needed by the less fortunate and more vulnerable ones in our society!
Posted 11 August 2015, 1:25 p.m. Suggest removal
EasternGate says...
You nailed it, brother!
Posted 11 August 2015, 3:16 p.m. Suggest removal
MonkeeDoo says...
She must think that she is God and therefore we must believe her implicitly and not consider our own sense decency and propriety !
Posted 11 August 2015, 3:24 p.m. Suggest removal
birdiestrachan says...
Do any of you really know if the Government paid for her China trip. All right thinking Bahamians would like to see the project completed and persons working. What is there to gain for her to side with China Construction . The buildings still belong to Mr.Sarkis with whom her family has a lease. This land grab is just poor foolishness.it does not work like that.
Posted 11 August 2015, 3:32 p.m. Suggest removal
realfreethinker says...
Birdie Birdie. there was a little glimmer of hope for you recently,What went wrong ? You don't see the wrong here ?
Posted 11 August 2015, 4:12 p.m. Suggest removal
newcitizen says...
And it seems Tal has been coming back to her own after a PLP love in. What's happening with the Tribune comment section?
Posted 11 August 2015, 4:22 p.m. Suggest removal
ThisIsOurs says...
If the government didn't pay for her trip that should REALLY raise some eyebrows. How stupid can anyone be? Someone interrupts their personal schedule, pays for TWO trips halfway around the world within a timespan of three weeks (out of their own bank account), and then says they have no personal interest in the outcome, they're just fighting for us. Is that the story you want everyone to believe now? Bottle that koolaid.
Posted 11 August 2015, 11:32 p.m. Suggest removal
asiseeit says...
Just the fact that the government feels it necessary to state this is telling in itself. What a shameful state of affairs, deplorable!
Posted 11 August 2015, 7:43 p.m. Suggest removal
ThisIsOurs says...
Sir Balton's letter.. These people just make statements on their twisted version of the facts so that people who don't read, like birdie, believe whatever they say
Posted 11 August 2015, 11:23 p.m. Suggest removal
banker says...
Old Cauliflower-ears, Allyson, is just lying trying to cover up her corruption. She is more unacquainted with the truth than Fweddie the MOFA. As for Baltron Bethel sending the email outlining strategy to Baha Mar by accident, Baltron was senile when he was running the Hotel Corporation. Christie's head valves are damaged, and Brave is the puppetmaster. We live with a Kafkaesque, corrupt kleptocracy, and nobody cares, or the majority of Bahamians are too dumb to understand.
Posted 12 August 2015, 9:36 a.m. Suggest removal
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