The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

CANADIAN fashion designer Peter Nygard has abandoned his bid to subpoena Prime Minister Perry Christie to give evidence in committal proceedings against him in the Supreme Court.

In yesterday’s expected hearing of the application that had been foreshadowed by Elliot Lockhart, QC, Nygard’s second lawyer on the case Damian Gomez, QC, revealed to the court that the Lyford Cay resident was no longer pursuing that course of action.

Instead, Mr Gomez said that Mr Nygard was filing an application to set aside the injunction currently against him concerning his property.

However, due to the late filing of the affidavit, his team would agree to adjournment and bear legal costs for the delay.

The move did not sit well with Fred Smith, QC, and lead counsel for Save The Bays (STB) who said that this was just another attempt by Mr Nygard to thwart the continuation of the committal proceedings at the eleventh hour.

Justice Bain said she would hear Mr Smith’s preliminary objection to the application today at 10.30am.

STB’s battle with Mr Nygard over the construction/development activities at his Lyford Cay home stem from allegations that they have led to substantial growth of the property. The group claims that the Lyford Cay resident has almost doubled his property’s acreage, from 3.25 to 6.1 acres, since he acquired it in 1984, by allegedly reclaiming Crown Land from the sea.

The advocacy group has alleged that Mr Nygard achieved this without the necessary permits and approvals, claims that have been denied by the fashion designer.

That comes against the backdrop of Justice Bain’s ruling in 2013 that until the conclusion of judicial review proceedings challenging the legality of the construction of a groyne and the dredging of the seabed off Nygard Cay, neither activity could continue.

However, since then, STB has submitted photographic evidence in court alleging that the opposite has happened and that dredging has continued.

Dawson Malone, Romauld Ferreira, Adrian Gibson and Crispin Hall appeared for STB with Mr Smith.

Wayne Munroe, QC, and Tommel Roker appeared for the Crown.