By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

The Philip Davis-led Ministry of Works' failure to follow the law means that a Rum Cay developer has no protection against claims he is in contempt of court, a judge has ruled.

Justice Rhonda Bain, in an August 16, 2018, ruling found that David Cummings had no defence for his demolition of properties at the island's Sumner Point Marina because the Christie administration had failed to issue the written order required by the Building Regulations Act.

As a result, the Supreme Court held Mr Cummings and his associate, Bryan Meyran, in contempt of court for violating an October 2012 injunction order that prevented the former from demolishing both the marina and clearing an associated 80-acre land parcel on Rum Cay.

The injunction was granted during legal proceedings between Mr Cummings and Bobby Little, principal of Sumner Point Properties and the marina's original developer, which stemmed from the duo's long-running real estate dispute on Rum Cay.

Mr Cummings, in denying the injunction breach, alleged in legal documents that he had merely been working for an entity called the Wahoo Resort Foundation, which had been seeking a crown land grant for the 15-acre parcel containing the Sumner Point Marina.

He added that the Wahoo Resort Foundation informed him it had obtained a directive from the Ministry of Works to demolish buildings at the marina due to their run-down state, which gave legal cover for his work.

Mr Cummings' position was supported by the Foundation's president, Everett Hart, who in a July 21, 2015, affidavit said he had attended "numerous meetings at the Office of the Prime Minister" in a bid to obtain the crown land grant despite knowing the 15 acres was embroiled in a legal dispute with Mr Little.

Mr Hart alleged that Mr Little had been given notice of the demolition, but did not remove his personal possessions from Sumner Point Marina despite being asked by Sergeant Smith of the Royal Bahamas Police Force to do so. The Wahoo Resort Foundation's inability to make progress then became an issue at Rum Cay Day in 2015, which was attended by then-deputy prime minister and minister of works Philip Davis in his capacity as the island's MP.

"The local MP, who also heads the Department of Works, attended and held a Town Meeting which was attended I am advised by most of the very small community of Rum Cay, including Robert Little," Mr Hart alleged.

"I am advised by members of the Foundation that an announcement was made at the Town Meeting by the MP for the area that the 15-acre tract where the marina sits is Crown Land. Before the Minister' departure from the island, the Foundation expressed to the Minister the frustration caused by Mr Little's failure to comply with the order to remove his items; the result of which was that the demolition work could not be started."

Mr Hart said he was unaware that there were two separate Supreme Court actions involving the Sumner Point Marina land when he hired Mr Cummings to demolish the property. He admitted to only seeking a written demolition order from the Ministry of Works' building control department once made aware of the contempt of court proceedings launched by Mr Little against his rival.

The Foundation president alleged that he obtained a July 9, 2015, letter from Craig Delancey, building control officer, describing the demolition work carried out as "satisfactorily performed". He also provided an "internal minute" from Ralph Brennen, a consultant in the Prime Minister's Office, to then-minister of state for investments, Khaalis Rolle.

Mr Cummings and Mr Meyran's attorney, Travette Pyfrom, argued that her clients were protected from Mr Little's action because the Foundation had been given permission by the Building Control Department to proceed with demolition. This, coupled with the protection offered by the Building Regulations Act's section 18, safeguarded them from any lawsuit.

But Justice Bain agreed with the attorneys for Mr Little and Sumner Point, who argued that the Act's requirement for written demolition authorisation had not been complied with. She ruled that no Notice was ever served on Mr Little, while the Foundation's Mr Hart "had nothing in writing" and only sought such approvals after the fact upon being informed of the contempt action.

"The Building Control Officer and/or the Minister failed to comply with the provision of section 10 of the Building Regulation Act," Justice Bain ruled. "As a result, the respondent cannot rely on section 18 of the Building Regulation Act ousting the jurisdiction of the court.

"The court finds that the first respondent and the second respondent [Mr Cummings and Mr Meyran] cannot rely on the fact that they were assisting the Foundation in doing works that contravened the injunction or the fact that the Foundation was purportedly requested to demolish the buildings by the Minister of Works and Urban Development.

"The first respondent, who used as a defence that he was assisting the Foundation, and that the Foundation was authorised by the Minister to demolish the building and to clear the land, did not deny these breaches."

Mr Little, in his affidavit evidence, alleged that Messrs Cummings and Meyran had "torn down almost every building and piece of infrastructure that once made up the Sumner Point Marina complex" during the 2015 first half.

He claimed that the buildings demolished in defiance of the Supreme Court's Order included four furnished beach cottages; the 'Out of the Blue' restaurant; 'Kalik House'; pavilions, a fire pit, dockage and infrastructure such as water and power lines.

"The marina complex has been completely decimated," Mr Little further alleged. "Almost nothing remains. All of the buildings my father and my family constructed, and which Mr Cummings was expressly prevented from damaging by the Order, are now gone. Mr Cummings has now taken full control of the area, which is unrecognisable from the marina complex that existed a few months ago."