The Tribune

Attorney’s Call For Government Intervention in GBPA Matter “A Bit Unusual”

EDITOR, The Tribune.

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

It is always refreshing to encounter citizens who in their professional and personal capacity fight for the apparent underdog. Having said that I found recent comments by a local attorney on the Bahamas Marine Pilots Association matter while not “most unusual” certainly “a bit unusual.”

It is a bit unusual when strong advocates for GBPA Licensees who have written on and spoken against government intervention or interference in Grand Bahama given the nature of the Hawksbill Creek Agreement suddenly invites their interference. For those Grand Bahamian professionals who encourage central government non-intervention in Freeport matters must be careful not to give the impression that they have changed their position flippantly or only make exceptions when convenient. To invite government to intervene in Freeport due to a two week “delay” in GBPA carrying out an inspection of a business premises so that a license may be obtained is curious. It makes one wonder if there have been other circumstances under which such an invitation to intervene should have been extended to the government. The long protracted 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 petitioning the government to wade in.

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 government is embroiled in central government has neither the time nor legal leg to stand on to make their involvement useful to BMPA.

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 they reach an impasse. They do not sue each other. 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 is no doubt substantial given the years of inactivity– given the fact the pilots resigned without having already organized a registered company or were engaged in favourable 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 the real estate and against whom the most severe 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 are clearly certified at varying levels. 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 was 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.

Given the threat by pilots to offer their services to ships with or without licenses starting on the 28th of March their attorneys’ initial job of advisor may be extended to defence attorney. My hope is that those that know the law should provide sound advice to the marine pilots 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.

CONCERNED CITIZEN

Nassau,

April 16, 2014.