The Tribune

By NATARIO McKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net

AN Olympic medallist yesterday denied he had engineered a "hostile takeover" of a radio station to transfer its licence to a firm owned by Island Luck chief, Sebas Bastian.

Frank Rutherford, the Bahamas' first track and field Olympic medallist, told Tribune Business he was the rightful owner of ZSR Sports radio 103.5 FM's licence, and that those making the allegations were its operators to whom he had leased the station.

He was responding after Maria Daxon, the attorney for businesswoman, Cheryl Braynon, and broadcaster, Van Ferguson, alleged yesterday that her clients were the true holders of ZSR's licence via their Navette Broadcasting and Entertainment Company.

Ms Daxon said she intends to file an injunction application with the Supreme Court today to block the transfer of the licence, which has received approval from the Utilities Regulation and Competition Authority (URCA), to Mr Bastian's firm.

The regulator, however, is backing Mr Rutherford, asserting that Navette Broadcasting and Entertainment Company is only ZSR's operator - and not the licensee.

Ms Daxon, said a letter from URCA, dated October 26, 2017, had ordered her clients to vacate the licence with immediate effect. A copy of that letter, seen by Tribune Business, indicated that the regulator made a decision in June to assign ZSR's license to Paramount Systems, a company established in 2016 and owned by Mr Rutherford and Blossie Smith- the widow of veteran sportscaster, Phil Smith.

Ms Daxon, though, argued that Mr Rutherford had no authority to now transfer the ZSR license to Sebas Bastian's Neman Networks.

Ms Braynon said: "We have papers showing the truth, and I'm not going to sit back and allow this to take place. We are going to all have our day in court, and the Lord is with us. I can't believe they tried to sell the company behind my back when the license is in my name."

Ms Braynon alleged that Mr Rutherford had approached her eight years ago about becoming the owner of a radio station, noting that he was in possession of a letter stating that himself and the late Mr Smith had been approved for a licence.

Ms Braynon claimed Mr Rutherford had no capital to finance the station's start-up, and it was her financial backing that launched ZSR and pays the annual licence fee.

However, Mr Rutherford responded: I have absolutely no comment to ignorant and utter nonsense. I am a factual individual, and I have no time for people that seek to defame and to tell lies.

He told Tribune Business that the facts would speak for themselves, adding: "This licence was granted to me by the Government of the Bahamas. I have had many persons come to me to lease that licence, and I hold that licence because it's sacred to me because of Phil Smith.

"For anyone to concoct any story that I would try and steal something on the grave of a dead man is deplorable. URCA knows exactly what contract was in place and what was leased to certain people. I revoked it because certain people did not live up to the contract. It is what it is."

URCA, in a June 15, 2017, letter to Bradley Gibson of Neman Networks, said that on February 5, 2007, Mr Rutherford and Mr Smith, now deceased, were granted approval by then-permanent secretary in the Ministry of Tourism, Colin Higgs, for a broadcast licence to operate an FM radio station.

According to the URCA letter, it was agreed that Mr Ferguson and Ms Braynon would operate ZSR on behalf of Mr Rutherford and Mr Smith's widow, with Navette Broadcasting and Entertainment being responsible for the payment of the annual licence fee.

URCA said it was satisfied that "at all material times, Navette Broadcasting & Entertainment Co Ltd was only intended to act - and did act - on behalf of the licensee, but was not itself a licensee with any right, privileges or obligations under the license".