FREEPORT, Grand Bahama ﾖ Attorney Fred Smith can proceed with a judicial review into the decision-making process that led to the government granting approval to the developers of the Bakerﾴs Bay at Guana Cay development, a judge ruled on Tuesday.
The ruling handed down by Justice Stephen Isaacs was a response to an application for a judicial review Mr. Smith filed Monday, and is the latest twist in the ongoing protest by Guana Cay residents who are opposed to what they say would be the negative environmental effects of the project.
Mr. Smith told The Bahama Journal that his clients are seeking, among other things, the court to declare that the National Economic Council had no authority to enter into a heads of agreement with the Discovery Land Company ﾖ the developers of the residential and marina project.
ﾓWhat [the review] does is allow Save Guana Cay to approach the court to say that the agreement was void and of no effect,ﾒ he said. ﾓIt seeks to prohibit the Prime Minister from seeking to dispose of the 150 acres of beachfront Crown Land that was being given away for free.
ﾓAnd it is also seeking an order of prohibition to stop the government from granting all these duty free concessions giving away Bahamian Crown Land [and] giving away all our taxes under the heads of agreement,ﾒ Mr. Smith added.
The application filed states that, ﾓWendell Major (Secretary to the National Economic Council) who purportedly entered into the heads of agreement on behalf of the Government had no power or authority to do so because the National Economic Council does not exist.ﾒ
Steve Adelson, senior vice president of the discovery land company, the developers behind the proposed 240-slip marina, 18-hole golf course and residential community declined to comment on the specifics of the court ruling.
But he said from their perspective while it might represent a delay, it will certainly not stop them from proceeding and expressed his desire for the matter to be quickly resolved.
One of the fundamental bones of contention between the two sides is whether the residents of Guana Cay were properly consulted about the project.
The government has consistently contented that full and proper consultation was carried out with Guana Cay residents.
The Guana Cay Association submitted that ﾓthere was complete failure to properly consult and, indeed, that the Prime Ministerﾴs Office deliberately sought to discourage public consultation prior to final approvalﾒ, an action the Association called ﾓunlawfulﾒ.
Mr. Smith said the next step in the legal process is for papers to be served on Prime Minister Christie, on Mr. Major and on the countryﾴs treasurer, Eugenia Cartwright.
ﾓThey will have a couple of weeks to answer these proceedings and then there will be a hearing in court to decide whether Save Guana Cay is [speaking] the truth or otherwise on whether there has been any public consultation,ﾒ he pointed out.
ﾓItﾴs very simple. Either there has been proper consultation, or there has not been.ﾒ
Sharon Williams, The Bahama Journal
