The lawsuit brought by Roosevelt and Carolyn Whyms and their company Venice Bay Holdings against Bacardi and Company is indeed about money, according to Bacardi, which claims the lawsuit is simply retaliation for it not buying Mr. Whyms’ land.
Venice Bay attorney Romauld Ferreira told the Journal on Friday that his clients only want Bacardi to stop manufacturing rum in a way they say harms the environment surrounding the rum-makerﾒs facility off Carmichael Road.
“This isnﾒt about the money,” Mr. Ferreira insisted.
But Bacardiﾒs local counsel Oscar Johnson shot back on Monday, saying, “We believe this case is about money. “We feel it was so in 1999 and we feel it remains so today.”
Mr. Johnson said that at the first meeting between Roosevelt Whyms and Bacardi in March 1999, shortly after Mr. Whyms had purchased the Venice Bay property, Mr. Whyms wanted the company to buy the land from him.
Bacardi executive Amy Federman expanded on this point.
“Contrary to what Mr. Ferreira has said in the media, we believe this case is about money. It was in 1999 and remains so today. Since Bacardiﾒs first meeting with Mr. Whyms seven years ago, he has wanted money,” she said.
“Shortly after he (Mr. Whyms) purchased the property, he asked Bacardi to buy the entire Venice Bay property. Bacardi declined, obviously, as it is in the business of producing premium spirits, not property development. Since Bacardi declined his offer, Mr. Whyms has complained about alleged environmental concerns relating to its operations.”
“We think itﾒs about money,” Mr. Johnson reiterated.
Mr. Johnson spoke with the Journal in order to “clarify” what he termed “gross inaccuracies” in comments made regarding the lawsuit, indicating that he planned to speak only once about the matter since it is sub judicae.
In what might be construed as a legal shot across the bow, Mr. Johnson added that Bacardi intends to “pursue redress by way of costs or otherwise” in this matter.
The substantive issue in the lawsuit as filed is an allegation that Bacardiﾒs plant emits hazardous fumes into the air through negligence and/or in a breach of Bacardiﾒs statutory duty under the Environmental Health Services Act.
Mr. Johnson took issue with some of the remarks made by Mr. Ferreira in Mondayﾒs article in The Bahama Journal, and sought to answer those points he found objectionable.
“We feel that it is very important that it is understood that the allegations that are being made are merely that ﾖ they are allegations,” Mr. Johnson said.
“We deny that our operations caused the harm that is alleged.”
According to both Bacardi and its lawyer, the company utilizes “best practice” testing methods and its emissions studies do not support the type of emissions-related problems Mr. Whyms alleges.
On the question of frivolous applications, which Mr. Ferreira said he expected should the matter go to trial, Mr. Johnson insisted that it was “irresponsible” to characterize any application the company might make as “frivolous.”
“We take these allegations, and every court filing, very seriously,” he said.
“(The idea that Bacardi would file frivolous applications) could not be further from the truth. Bacardi has the right, as any other litigant, to challenge and defend against claims that are without merit and avail itself of all appropriate legal remedies.”
Mr. Johnson said Mr. Ferreiraﾒs characterization of the case as a battle between good and evil was “grossly inappropriate.”
And, the companyﾒs lawyer also dismissed the suggestion that Bacardi has no regard for The Bahamas as “factually inaccurate and irresponsible.”
“Bacardi has been called an exemplary corporate citizen by the Bahamian government. It continues to be active in the community in economic, social and community work. Bacardi employs 115 people ﾖ 113 are Bahamians ﾖ and is a major source of revenue for The Bahamas. We have operated a facility for 40 years,” the company said.
The latest court move in the seven-year legal wrangling between Venice Bay and Bacardi is the adjournment of the matter until December 6, when Supreme Court Justice John Lyons will hold a status hearing on the case.
By: Quincy Parker, The Bahama Journal
