The Tribune

By DENISE MAYCOCK

Tribune Freeport Reporter

dmaycock@tribunemedia.net

SUPREME Court Justice Petra Hanna-Weekes has dismissed an application by attorneys Fred Smith and Carey Leonard for an injunction to stop further consultation by the Hawksbill Creek Agreement Review Committee (HCARC).

“I refuse to grant stay for an injunction. The court finds it inappropriate to interfere in the decision making process of the Cabinet at this time,” Justice Weekes said on Friday.

Mr Smith and Mr Leonard, of Callenders and Co, brought Judicial Review proceedings against the government, challenging the Hawksbill Creek Agreement (HCA) review.

Mr Smith claims that the HCA consultation process was flawed because government had refused to give them a copy of the McKinsey Report preventing them from fully participating and contributing in the consultation process.

Dr Marcus Bethel, Chairman of the HCARC, Albert Gray, Terrence Roberts, Maurice Moore and Doswell Coakley attended Friday’s proceedings. The Grand Bahama Chamber of Commerce president Kevin Seymour was also present.

The HCARC has already submitted its report to the government. The consultation exercise itself was founded upon a report (the McKinsey Report) commissioned by the government from management consultants, McKinsey & Co, which has been withheld.

Mr Smith is arguing that none of the consultation they had was valid.

Robert Adams, of Graham Thompson and Co, the attorney for the Grand Bahama Port Authority (GBPA), told the Supreme Court that his client was asking permission to join, participate and be heard in the proceedings.

A notice of motion was filed on September 22, and supported by an affidavit from Karla McIntosh, the general counsel for the GBPA.

In her affidavit of September 24, Ms McIntosh says the GBPA Ltd is a party to the HCA and, as such, has a direct interest in the issues that have been raised for determination by the court in the proceedings.

Under the terms of reference, the HCARC was appointed to consult with GBPA, its licencees and other stakeholders with a view to making recommendation to government on an arrangement for securing an economic package to promote more robust sustained growth and a fiscal package that enhances Grand Bahama’s contributions to the government’s revenue base.

Ms McIntosh said that the committee’s terms of reference state that the government retained international consulting firm McKinsey and Co to undertake a study of the economic situation within the Port Area, the implications of the expiring concessions under the HCA and measures which might be taken to spur economic development.

She also noted that the government had voluntarily engaged in a process of public consultation and the McKinsey Report would inform the recommendations of the committee and/or the government’s decision concerning the expiring concession under the HCA and other matters falling within the Terms of Reference.

Ms McIntosh indicated that it was a matter of substantial importance to the GBPA that it be provided a fair opportunity to review the McKinsey Report for the purpose of making their representation to the committee.

According to the counsel, the GBPA met with the committee on March 19 at their request, and its representatives had requested a copy of the report prepared by McKinsey and Co which was not made available to them at the meeting.

Ms McIntosh said that Sarah St George, vice chairman of the GBPA, made a formal request in writing in a letter dated March 24, 2015, requesting that a copy of the report be shared with the Port Authority. The committee, however, did not provide a favourable response to the GBPA’s request.

In a further letter dated April 23 to the committee, Ms St George made another request for a copy of the Report. According to her affidavit, Ms St George had written on May 4 to the Ministry for Grand Bahama, and copied to HCARC, making a second request that the GBPA be provided a reasonable opportunity to review and consider the contents of the McKinsey Report and provide comments before the committee concluded the preparation of its recommendations to government, particularly if the committee had been already apprised of the contents of the report.