Activists question $4m post-verdict investment at Blackbeard’s Cay

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

Environmental activists yesterday queried how the Blackbeard’s Cay developer could “be so cock sure” as to invest a further $4 million AFTER the Supreme Court issued a judgment calling for the Government to close the project.

Sam Duncombe, reEarth’s president, questioned how Blue Illusions’ $8 million investment by July 2014 had blossomed into a $12 million spend a year later, given that Justice Stephen Isaacs had ruled that its dolphin import licence and a host of planning-related approvals should.

That ruling was given in July 2014, and Justice Stephen Isaacs on August 31 this year issued an Order to enforce the judgment, requiring the Prime Minister, minister of agriculture, V. Alfred Gray, and a host of government agencies to remove Blackbeard’s Cay’s dolphins and ensure that the property was returned to its original condition.

Mrs Duncombe told Tribune Business: “In July 2014, Blackbeard’s claimed that they had by then spent $8 million. How is it, then, after this judgment could the developer be so cock sure of himself to defy the court and continue the development of Blackbeard’s Cay by spending another $4 million to now say his investment is $12 million?

“Did he get other secret approvals from the Government through Exchange Control? The Investment Board? This is another example of why we need a Freedom Of Information Act.”

The ‘he’ is Blue Illusions’ principal, St Maarten businessman Samir Andrawos, and Mrs Duncombe noted an August 2015 response to Trip Advisor by Blackbeard’s Cay’s general manager, which referred to a “second pool” upon which construction had just finished.

“How is it that the developer has continued construction at this facility in defiance of the judgment?” asked Mrs Duncombe. “Did he get more permits from Town Planning without public hearings?

“The developer sunk an additional $4 million into this project knowing full well that a Bahamian Supreme Court judge ruled against them. How is that even possible? What does this developer know that the Bahamian people do not? If this is not a case of wilful blindness I don’t know what is.”

She added: “How could the Government proceed with this development...., and how could the developer continue, especially after Justice Isaacs ruled the facility was in breach of our laws and was effectively shut down?

“The problem is that there is an awful lot of wilful blindness going on in this country – most, if not all of us, feel it, and yet so many of us decide not to rise up and face it.”

Mrs Duncombe said there was “a lot more at stake” in relation to Blackbeard’s Cay, located off New Providence’s northern coast opposite Sandals Royal Bahamian, than just the fate of its dolphins.

“The rule of law and due public process, which has been so eroded by successive governments, is under attack again,” she argued, implying that the Government would face ‘contempt of court’ and even ‘committal to jail’ proceedings if it refused to enforce Justice Isaacs’ Order.

Mrs Duncombe also denied the assertion by Wayne Munroe QC, Blue Illusions attorney, that reEarth had dismissed his client from its Judicial Review action, and that as a consequence it would be a “breach of constitutional rights” to enforce Justice Isaacs’ Order against it.

“The truth is Blue Illusions’ attorneys sat in on every court case on the matter, and at no time did they ask to join the action,” Mrs Duncombe said.

“In fact, during the appeal process Justice Conte criticised the developer’s lawyers, expressing shock that they never tried to defend their development. Instead they allowed the Government to go to bat for them, and use the taxes they collect from all of us to pay legal costs for a private developer.

“This is what the Government did in the Guana Cay and Bimini cases as well; your tax and my tax dollar spent by our government to protect foreign, private, for-profit developers to whom they gave our Crown Land to for a pittance.”

Mrs Duncombe argued that the Government would ultimately be liable for any closure of the Blackbeard’s Cay facility and potential loss of 60-100 jobs because it had failed to follow the legal processes for providing the necessary permits and approvals.

She added that it was impossible to have an annual review of permits that had been quashed, and denied Mr Munroe’s assertion that the developer had completed an Environmental Impact Assessment (EIA) prior to the Judicial Review case.

“Several people in the environmental consulting field contacted reEarth to say that Blackbeard’s Cay had contacted them scrambling to get their EIA done - this year,” Mrs Duncombe said. “Frankly, the EIA is immaterial at this point.

She added: “reEarth’s issue is with the Government, not the developer....

“We are at a critical crossroad in the development of our country. Our social fabric is decaying all around us, in part because we know we are getting screwed by the powers that be.

“We all see people getting away with things because they ‘know someone’. We can disregard the rule of law and fall further into decay – or, we can stand together for the rule of law, demand the Government accept their failures and make it right - close Blackbeard’s Cay, and collectively begin to pull this country back out of disaster.”

Comments

birdiestrachan says...

Sam Duncombe what about Shanty Towns and the dredging of the Exuma Sea Park How is it you are so silent on these matters. Those persons who will be out of work and their families mean nothing at all to you, besides them there is no disaster. It is all in you and Fred Smith's head. If you both had spoken out about those, I ,would believe you all care about the Bahamas and the environment. Fred said the man in Exuma gave him a retainer fee he said it on TV. Why were you so silent? You can rest assured M: Munroe knows the law.

Posted 28 September 2015, 3:41 p.m. Suggest removal

HarryWyckoff says...

Birdie...

The government broke the law. Repeatedly

The Supreme Court recognised that the government broke the law and ordered the government to stop breaking the law and make amends.

Do you believe **everyone** who breaks the law should ignore any judgment against them, or just your cronies in the PLP?

You are a hypocrite and a traitor to the people of the Bahamas.

Posted 28 September 2015, 8:48 p.m. Suggest removal

samiamiamsam says...

Hey birdie what about the 2,500 people the government just put out of work by meddling in the Bahamar development?

Posted 28 September 2015, 8:54 p.m. Suggest removal

DillyTree says...

The court has made its judgment. Now the government needs to comply and close the Blackbeard Cay operation down. The law must be followed. It doesn't get any simpler than this. However, this government of ours seems to have great difficulty with following the law -- which is why this issue exists in the first place!

Birdie, your logic, as usual has flown the coop. Employees working for an illegal operation do not get to keep their jobs when the operation is closed down. it's one thing to have sympathy for the unemployed, but put your ire where ire is due -- your beloved PLP government who allowed this project to continue without the proper permits or EIAs. Put blame where blame is due -- not Duncombe or Smith.

Posted 28 September 2015, 4:27 p.m. Suggest removal

ThisIsOurs says...

Why are the police harassing prostitutes, drug dealers and gun and human smugglers? These people have families to feed...just saying...

Posted 28 September 2015, 6:50 p.m. Suggest removal

MonkeeDoo says...

Leandra Esfakis puts this right into perspective in an editorial letter today. I think that it is time that the learned Judge gives the Prime Minister and Minister of Agriculture a time limit to have it wound up, failing which he will order they be committed to Her Majesty's Prisons. At which juncture neither scoundrel will be allowed to sit in our Honorable House of Assembly.

Posted 28 September 2015, 5:01 p.m. Suggest removal

MonkeeDoo says...

We will see what rules in the Bahamas. Politicians or the Laws !

Posted 28 September 2015, 5:02 p.m. Suggest removal

truetruebahamian says...

Birdiestrachan, your input is always appreciated because it is comic relief. You cannot be, as an adult with adult thinking and mature views aware of your blatantly puerile view on our completely crippled and short sighted Progressive LP administration. It is out of ideas, it has robbed our treasury and poisoned the minds of the unfortunately unwanted bastard children who only create havoc by being products of their unwantedness, I left your party and have now proudly joined the FNM, and will work for the betterment of our people and our country.

Posted 28 September 2015, 7:47 p.m. Suggest removal

asiseeit says...

Once again the Government is breaking the laws of The Bahamas and they wonder why this country is so lawless. This government is pathetic.

Posted 28 September 2015, 10:11 p.m. Suggest removal

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