The Tribune

By DENISE MAYCOCK

Tribune Freeport Reporter

dmaycock@tribunemedia.net

TWO residents of Smith’s Point, Grand Bahama, have brought legal action in the Supreme Court against attorney Fred Smith, QC, who is being accused of causing environmental damage and preventing access to a portion of the beach because of a 15ft high groyne constructed at his property.

Fred Mather and Michael Grant are the first and second plaintiffs in an action filed on June 9 seeking compensation for alleged damage caused to their property as a result of accelerated erosion allegedly caused by the groyne.

They are also seeking an order requiring Mr Smith to remove it and restore the coastline to its original state.

In an amended writ of summons, Mr Smith is listed as the first defendant, while his companies Smith’s Point Limited and SeSaChe Limited are listed as the second and third defendants.

It is claimed that a groyne built in 2006 at the Smith’s Point settlement by the defendants on their property known as lots number nine and 10 of Fortune Bay Subdivision East, extends outward into the sea and over the seabed contiguous to the defendants’ “offending” property for more than 200ft, substantially interfering with the plaintiffs’ enjoyment and use of their own properties at Smith’s Point.

The men allege that the groyne is the direct cause of environmental damage caused by the trapping of sand and sediments for the defendants’ dual purpose of creating a new beach on the seaside of their offending property from sand that would previously have been dispersed along the entire mile long beach of the settlement at Smith’s Point generally westward of the said groyne of the offending property - purported to be owned by one or both of the second and third defendants’ companies which are both purported to be beneficially owned by Mr Smith.

The plaintiffs also allege the groyne is degrading to neighbouring properties including that owned and/or occupied by them or claimed by their family members under a constructive trust and is devaluing to the said plaintiffs’ properties with the apparent ultimate intention of compelling them and their respective families to give up their occupation of their respective properties and move out of the settlement.

The plaintiffs further claim that the groyne has denied them access to a beach area or the ability to pass and repass such portion of the beach previously enjoyed by them and their families, who are now being obstructed from doing so by the existence of the groyne constructed by the defendants, as well as Mr Smith’s use of private security guards and large guard dogs as a means of continuing to exact intentionally and unlawful intimidating acts against the plaintiffs and their families.

The plaintiffs are seeking an injunction to restrain Mr Smith, as well as the second and third defendants, from any further obstruction of their rights to enjoy free use, including free access of passage along the beaches at Smith’s Point.

The plaintiffs are also seeking the payment from the defendants of all costs of bringing of the action.

Mr Smith has been involved in a long and bitter legal battle with Peter Nygard, the Canadian fashion mogul, over alleged dredging of the seabed and Crown land accretion at his Lyford Cay residence in New Providence.