The Tribune

EDITOR, The Tribune.

This letter refers to a story written by Alison Lowe and published on Tuesday, March 25, 2014 entitled Former GBPA counsel: Business License delay “most unusual”.

Mr Carey Leonard has been on point with a number of matters he has raised in the public sphere over the last few years since his departure from The Grand Bahama Port Authority. It is always refreshing to encounter citizens who in their professional and personal capacity fight for the apparent underdog. Having said that I found his comments on the Bahamas Marine Pilots Association matter while not “most unusual” certainly “a bit unusual.”

It is a bit unusual when a strong advocate for GBPA Licensees who has written on and spoken against government intervention or interference in Grand Bahama (given the nature of the Hawksbill Creek Agreement) suddenly invites their interference. Given the history of Mr Leonard’s position the public is forced to wonder if the exception to the non-intervention rule has emerged since it is his clients who now face difficulty due to a two-week “delay” by GBPA in carrying out an inspection of a business premise so that they (BMPA) may obtain a license. It makes one wonder if there have been other circumstances under which such an invitation to intervene should have been extended to the government in the interest of Grand Bahamians.

The long fight between the two families who own GBPA would have been the ideal time to invite government’s involvement. I am curious as to which attorneys are on record as having petitioned the government to wade in at that time.

Furthermore, isn’t it the case that a legal intervention seeks to accomplish what the two feuding sides are unable or unwilling to do and given the multiplicity of issues the government is embroiled in Mr Leonard must be keenly aware that government may meet with his clients but are unlikely to become deeply involved in a way that would be useful to them.

The suggestion that government can sue GBPA for breach of contract is amusing if not laughable since within the context of the Hawksbill Creek Agreement the Government and GBPA are partners who would go to arbitration in the event that they reach an impasse. They do not sue each other. Surely Mr. Leonard knew that and was only making that point for effect.

It would not be safe to assume that the pilots have in fact come up with the required funds to reactivate the Freeport Pilotage Company (the funds required to reactivate are no doubt substantial considering the years of inactivity) given the fact that they resigned without having already organized a registered company or without having made progress in discussions with potential clients. They seem to have resigned with no safety net or fall back position in place.

Let’s say the Pilots have the resources to reactivate the company surely FHC, who has control (by law) over the Harbour activities and real estate and against whom the significant accusations have been levelled by BMPA spokespersons, is unlikely to rent to BMPA or enter into any business arrangements with them. Therefore, BMPA is likely to be challenged when it comes to rental space and definitely challenged when it comes to trying to operate in the Harbour.

The marine pilots (talented Bahamians) are definitely certified. Clearly in order to be certified at IMO standards they had to have been trained in theory and in practice and then go through retraining on multiple occasions. Therefore, it seems odd that the point about insufficient training would have been raised. Then again it is safe to say that we could all use more training. Though if I were looking for a job (as owner or employee) I would be careful not to tell my potential employer (or client) that I left my former company because they did not train me sufficiently but no worries I am more than capable of executing your work with excellence and world class expertise as my certification implies. I am sure the Pilots and their attorney do not mean to suggest that they were for years operating unsafely and can now be trusted to operate with the utmost safety since they are going on their own.

Given the threat by pilots to offer their services to ships with or without licenses starting on the 28th of March, Mr Leonard’s initial job of advisor may be extended to defense attorney. My hope is that those that know the law should provide sound advice to their clients so that they may be free to enjoy their rights, but at the same time they act wisely in their utterances, actions and even in the management of their resources which, for the short term at least, will be less since they have resigned.

CONCERNED GRAND BAHAMIAN

Grand Bahamas,

March 30, 2014