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PM told: ‘Be decisive’ and close $8m project

As of Monday, September 21, 2015

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

Environmental activists have urged the Prime Minister to replace “procrastination” with “decisive action” and implement a Supreme Court Order to close the $8 million Blackbeard’s Cay project, one yesterday describing the situation as “beyond ridiculous”.

Sam Duncombe, head of ReEarth, which won its Judicial Review application to quash all permits and approvals issued to the cruise passenger getaway attraction, told Tribune Business that the environmental group had scored “too much of a fantastic win” for the Bahamas to let up now.

Mrs Duncombe pledged that the group would be “moving forward” to enforce the August 31, 2015, Supreme Court Order to shut down Blackbeard’s Cay should the Government refuse to abide by its stipulations.

These require both prime Minister Perry Christie and the Town Planning Committee to mandate that the Blackbeard’s Cay developer, Blue Illusions Ltd, cease developing the island location and restore the land to its original condition,

And V. Alfred Gray, as minister of agriculture and fisheries, is required to remove the dolphins at the Blackbeard’s Cay encounter to a new, “appropriate location”.

Mrs Duncombe, in a September 18 letter sent to Messrs Christie and Gray to remind them of their responsibilities, warned that there would be “serious implications” for the rule of law and the Bahamas’ international reputation if the Government failed to enforce Justice Stephen Isaacs’ August 31 Order.

“Sadly, it has come to our attention that.....the facility continues to operate to this very day, and is in fact doing regular business with at least one cruise ship operator [Carnival] that calls into port in the Bahamas,” Mrs Duncombe wrote of Blackbeard’s Cay.

“This is a most alarming and disconcerting revelation which, we submit, has serious implications for justice and the rule of law at home, and our international good name abroad.

“reEarth hereby urges the Government, in the most strenuous terms, to bring an end to this travesty immediately. It cannot be that foreign investors are allowed to flout the decisions of the courts of this sovereign nation with impunity, while our leaders stand by and do nothing.”

Blue Illusions is headed by St Maarten businessman, Samir Andrawos, and the project in question is located on Balmoral Island off New Providence’s north coast, opposite Sandals Royal Bahamian resort.

Mrs Duncombe, though, reserved her greatest ire for Mr Christie, effectively urging him to ‘stop talking’ and act to enforce Justice Isaacs’ Order, which she described as “a landmark decision for future accountability and transparency in the Bahamas”.

“As minister responsible for Crown Lands, we find it incomprehensible that you would allow the abuse of such lands, as deemed by the courts, to continue – particularly considering your legally mandated obligation to hold this precious asset in trust for the benefit of the Bahamian people,” the ReEarth president said.

“Further, as the foremost custodian of our independent democracy, the responsibility for protecting and promoting the rule of law, as mandated in the preamble of our constitution, resides ultimately with you.

“We submit that not only must you break your silence on this issue; you must replace that silence with decisive action rather than mere words, which all too often serve as a cover for indefinite delays and procrastination. The law is clear. You must act now............

“The Government’s apparent reluctance to take action on Blackbeard’s Cay will likely lead to grievous consequences for our country’s reputation abroad.

The August 31 order signed by Justice Isaacs is designed to enforce his July 2014 judgment, in which he quashed all dolphin import and planning-related permits granted to Blackbeard’s Cay by the Government.

Mrs Duncombe yesterday told Tribune Business that the Government had been served with Justice Isaacs’ Order two weeks ago, and ReEarth was consulting its legal advisers to determine its remedies if it failed to act - with contempt of court proceedings a possibility.

“I don’t know what they expect if they think they can just ignore a court Order,” she said. “They need to move because it’s getting beyond ridiculous now. The court ordered them [Blue Illusions] to close, and we intend to follow that through right to the end.”

Mrs Duncombe said it was too late for the Government and developer to obtain the necessary permits via proper procedures, adding: “It’s a huge embarrassment to the country.

“Here it is. The court ordered the closure of the facility, and I have to ask: If this is not enforced, why not act as we want, be lawless? The Government cannot expect its citizens to follow the law if they don’t

“It’s high time this Government paid attention to what’s going on. They have failed us in their opportunity to govern this land, and here is an opportunity to get it right. Now it’s time for you to act,” she added.

“This has been too much of a fantastic win for the country, for the rule of law, for transparency, for freedom of information. Just follow the rule of law. Why bother if you’re not going to do that?

“This has been a tremendous win for the country. The court has seen tremendous merit in our case. We have laws governing our country, and need to follow that. The country is in a shambles right now. We need to do better.”

Comments

birdiestrachan 8 years, 7 months ago

Sam Duncombe nor Fred smith who said on TV he was given a reinter fee Had not one word to say when the beautiful sacred Exuma Sea Park was being dredge. so I find them to be selective . so they both lose their creditably as far as I am concerned.

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asiseeit 8 years, 7 months ago

The dredging in Exuma that you are so stuck on was done according to the laws of the Bahamas, no law was broken. The man spent millions on environmental studies and was even made to move conch so they where not harmed. The Blackbeards Cay debacle was just given the green light, no study's, no consultation, breaking the law by importing those poor dolphins, and the list goes on. Your Bias will not let you see the difference between doing things the legal way or the illegal (PLP) way. Just another example of a PLP supporter who has no idea about right and wrong. Your corrupt PLP thought it cpould just push this through and they got slapped down hard. The only question now is weather or not the P.M. will obey the order and uphold the rule of law?

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Sickened 8 years, 7 months ago

Whatever! The question is Birdie whether or not YOU think that the law should be upheld? It sounds like you don't agree with the courts decision. If for one do and hope that the law is carried out.

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BahamaPundit 8 years, 7 months ago

I agree. I live in a house with a clear view of Blackbeard's Cay and have no problem with the project. It is clear that the Baystreet merchants are using this as a tool to prevent others competing with their monopoly. I have traveled to Blackbeard's Cay by boat on several occasions and everything looks beautiful and in order. Why put people out of work, for the select interests of a few?

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samiamiamsam 8 years, 7 months ago

It is entirely immaterial that you have no issue with the project. The court has ordered it closed for not following the law. While the Bay Street merchants did have issues with this project syphoning cruise passengers off of Bay Street they sat back and let reEarth fight this case alone. Shame on them is what i say!

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jackflash 8 years, 7 months ago

Birdie - so the supreme court makes a ruling and the government of the day does not act on it and close the place down.

But that is OK because it's the PLP.

Man you are one sicko!

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BDN 8 years, 7 months ago

I wouldn't worry about Birdie. They are obviously so blind to what is happening around them it really makes no sense even acknowledging them. I can see what is wrong with this country every-time Birdie comments on here.

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birdiestrachan 8 years, 7 months ago

Perhaps Sam Duncombe can say what will happen to the people employed at this place I guess she and Fred will ask them to watch and swallow while she chews. The Exuma Sea Park dredging did not provide one single employed person. It was done to please the rich. Sam you and all of those who support your cause tell those people who will have no jobs what they should tell their families ..

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asiseeit 8 years, 7 months ago

Maybe if your beloved PLP had obeyed the law of The Bahamas and done their job in a professional and legal manner the people's jobs would not be at stake. The ministers disregarded the law of the land, therefore it is on them as to why these people will be out of a job. Once again, there is a right way and a wrong way, you would think that the people that make the laws in this country would know the right way, but then again, we are dealing with the corrupt PLP.

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GrassRoot 8 years, 7 months ago

so you don't think that Blackbeard Cay was done to please the rich?

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ThisIsOurs 8 years, 7 months ago

What will happen to the people making money off of murders when the police crack the illegal gun wring? Think of all the people surviving off those illegal gains..we should let them continue their operation so as not to add any more people to the unemployment line.

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jackflash 8 years, 7 months ago

She is just the messenger.

The Bahamas Supreme Court made a ruling to close the place down.

So you (Birdie) are for standing against the rule of law in the Bahamas?

Simple question - simple answer - stick to the issue - not the Exuma park.

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birdiestrachan 8 years, 7 months ago

I stand with the poor people who are employed there. How do they feel? Sam and all of the rest has some place to lay their heads, and she has Butter on her bread. While they may end up with no bread. What about them? Sam and her crew do not really care about people, they love the lime light. But when the light shines on them, they do not look to good, not good at all. When will they address the shanty towns in Nassau and Abaco. now there is something for the so called environmentalist to do. But they will never touch that one.

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Sickened 8 years, 7 months ago

Poor people are also 'guns for hire' here in Nassau, and drug dealers and thieves. You can't be saying that they should be able to carry on their 'businesses' as well are you?

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asiseeit 8 years, 7 months ago

How about your PLP obey and uphold the rule of law? Rich and poor should have to obey the same laws as equals, would you not agree? Do you for one moment think (hurt as it may) the people that own Blackbeards are poor? The principle investor is not even a Bahamian, so who is the PLP really granting favors and helping out. Take the blinders off, stop being so intellectually immature and face the facts. The PLP caused this, the PLP did not follow the law, the PLP has been given an order by the Judiciary, and the PLP is refusing to uphold the law. Do you stand by the laws of The Bahamas, do you believe that they must be enforced, or do you think that the laws pertain to some but not all? Wrong side, dead wrong side, and it makes you look a fool!

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Sickened 8 years, 7 months ago

I have finally figured out who Birdie is.... Perry Christie! The lack of common sense, morals, integrity and general inability to think things through was the give away.

Perry, now that we know its you and know how to communicate with you directly, would you please step down, as promised, and let someone else try to run this country properly? I beg you, please!!!

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Economist 8 years, 7 months ago

I think that Birdie is someone who writes the most ridiculous comments just to see who will take the bait and respond.

No one in their right mind could possibly believe the rubbish that Birdie writes.

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asiseeit 8 years, 7 months ago

Mr. P.M.,, UPHOLD THE LAW, YOU HAVE BEEN GIVEN AN ORDER BY THE JUDICIARY IT IS LEGAL AND BINDING, UPHOLD THE RULE OF LAW! NO IF"S AND'S OR BUTS, IF YOU DO NOT OBEY THE LAW WHY SHOULD I?

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asiseeit 8 years, 7 months ago

Birdie is so worried about the poor people, wonder why she has nothing to say about Penn, crown land, and the BOB? In her pea brain Penn is a poor man, must be! He is a PLP so it's OK, right Birdie?

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Sickened 8 years, 7 months ago

Birdie's Chairman gonna soon lock down Birdie's neighbourhood. Maybe then Birdie will be whistling a different tune.

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MonkeeDoo 8 years, 7 months ago

And, as one might expect, Wayne Munroe represents these carpet baggers, and says that they will sue if they have to abide by this country's laws. He sure joined the right party. Hopefully the AG will speak to him about our SOVEREIGNTY and the SANCTITY of our COURTS !!!!

The problem is that these people have obviously paid at the top to do this shit and the top have had their balls cut off so they cannot do anything except play dumb.

This is WAY TO MUCH CORRUPTION !!! We need a COMMISSION OF INQUIRY NOW.

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MonkeeDoo 8 years, 7 months ago

I heard birdiestrachan is a man. birdiestrachan: What about those poor black kids in Woods Alley in Bain Town who have to share one pair of shoes, so they can only go to school on alternate days. HAVE YOU BEEN ABLE TO GET A SECOND PAIR OF SHOES FOR THEM ?

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