The Save Guana Cay Reef Association (SGCRA) and its attorney, Fred Smith, claimed Tuesday that the developers of the Baker’s Bay project are trying to “kill” the association by ordering it to pay costs in relation to the protracted litigation over the $500 million resort.
According to Mr. Smith, a statutory demand made by the Discovery Land Company in July for the association to pay costs incurred so far in the litigation over the Bakerﾒs Bay development is another example of the “vindictive approach” by the developers in dealing with the people of Guana Cay.
“Passerine at Abaco Limited and Passerine at Abaco (Holdings) Limited (“the Creditors”) claim that you owe them the sum of ten thousand ($10,000) dollars in respect of costs awarded to them by order of The Bahamas Court of Appeal made the 28 June 2006,” a copy of the statutory demand said.
“The Creditors jointly demand that Save Guana Cay Reef Association Limited pay the above debt or secure or compound for it to the Creditorsﾒ satisfaction.”
Mr. Smith, meanwhile, questioned the timing of the demand for payment.
“This is highly unusual. The association, the government and the Bakerﾒs Bay developers are in the thick of legal battles. We are all waiting for a decision from the Supreme Court,” he noted in a press statement.
“Usually parties wait until all the legal battles are over and the dust has settled to claim costs that have been awarded and to set off awards of costs that have been made throughout the different stages and levels of the fight. The attempt by Bakerﾒs Bay to collect this $10,000 is simply an attempt to bring pressure to bear on the people of Guana Cay to stop their fight for justice.”
Mr. Smith maintained that the people of Guana Cay would not succumb to intimidation.
He explained that if the $10,000 in costs is not paid, then the developers could petition the Supreme Court to liquidate and wind up the association.
“The association has appealed the decision of the Court of Appeal awarding the costs against the association and if the Bakerﾒs Bay developers move to liquidate and wind up the association they will have to apply for a stay pending the outcome of the Privy Council Appeal,” Mr. Smith stated in the SGCRA release.
He referred to Section 188 of the Companies Act 1992 Chapter 308 which provides that if the debt is not paid within 21 days of service, then the developers are entitled to present a winding up petition in the Supreme Court against the association.
The association has until August 4 to comply with the demand for payment or make some alternative arrangement.
“The people of Guana Cay have repeatedly emphasised that they are going to fight these developers to the bitter end,” he said in an interview with the Bahama Journal.
“They are not going to give up their little piece of Bahamian paradise for multi millionaires and billionaires from the United States to come and play golf and park their mega yachts in their piece of The Bahamas. If necessary they will find the $10,000 to pay.”
On a somewhat different note Mr. Smith congratulated the government for not demanding that the Association pay costs that were awarded to it as the result of an order by the Court of Appeal.
“To date, and I must take my hat off to our government, they have not attempted to force the people of Guana Cay to pay that $8,000,” he said.
“That at least represents respect by the government for the Bahamian citizens of Guana Cay, something which obviously the developers do not have.”
Troy Albury, president of the SGCRA, also castigated the developers of the Bakerﾒs Bay project for their decision to demand payment of the costs.
“This demand and threat by the Bakerﾒs Bay developers demonstrates their lack of respect for the people of Guana Cay,” he said.
“The people of Guana Cay are fighting to protect their culture, tradition and environment. Instead of recognizing the legitimacy of our position, and recognising that we do speak for the people of Guana Cay, Bakers Bay are trying to use this demand for the payment of costs to muzzle and suffocate us to death.”
Telephone calls to Discovery Land Companyﾒs Senior Vice President of Environmental and Community Affairs Dr. Livingston Marshall were not returned up to press time.
By: Darrin Culmer, The Bahama Journal
