By KHRISNA VIRGIL
Tribune Staff Reporter
THE Coalition to Protect Clifton Bay has filed a motion in the Supreme Court asking that millionaire Canadian fashion mogul Peter Nygard be placed in contempt of court for allegedly breaching a court injunction to halt dredging of the seabed at the southeastern side of Nygard Cay.
The motion also asks the court to order Mr Nygard to remove all of the sand, spoil and other material that has been dredged and extracted from the seabed and placed on the southern beach at Nygard Cay, according to court documents.
The Coalition, which is listed as the applicant in a notice of motion filed yesterday, alleged that Mr Nygard has been periodically dredging the seabed since December 11 up to December 20.
The motion, which was seen by The Tribune, was moved before Justice Rhonda Bain in the Supreme Court.
It calls for Mr Nygard “to be committed to Her Majesty’s Prison for his contempt of this honourable court for his breach of the injunction contained at paragraph two of the order made on June 13, 2013 and filed herein on June 14, 2013 to refrain from ‘proceeding with or continuing to undertake the dredging of the sea bed located south east of Simms Point/Nygard Cay or north of Clifton Bay’.
“In that, Mr Peter Nygard has, since about December 11, 2014, up to December 20, 2014 periodically dredged the seabed at Simms Point/Nygard Cay.
“For further order that Peter Nygard be required to remove all of the sand, spoil or other material which has been dredged and extracted since December 11, 2014 from the seabed located south east of Simms Point/Nygard Cay and which sand was placed on the southern beach at Simms Point/Nygard Cay be removed therefrom and placed along the public beach at Clifton Bay, adjacent to and including Jaws Beach.
“And for a further order that the costs of and occasioned by this motion be paid forthwith by Peter Nygard to the Coalition on a solicitor own client, full indemnity basis.”
In July 2013, Justice Bain ordered that until the conclusion of judicial review proceedings challenging the legality of the construction of a groin and the dredging of the sea bed off Nygard Cay, neither activity could continue to take place.
On Monday, however, the Coalition to Protect Clifton produced in the Supreme Court photographs which purport to show that over the course of this month, substantial amounts of sand were progressively dredged from the Clifton Bay side of the property and pumped onto Mr Nygard’s private beach.
The action has allegedly led to substantial growth of Mr Nygard’s property.