THE TRIBUNE
Tuesday, February 28, 2017, PAGE 5
PETER NYGARD
NYGARD TO FIND OUT ‘CONTEMPT OF COURT’ FATE ON FRIDAY CONTROVERSIAL fashion mogul Peter Nygard is set to learn on Friday whether he will face prison for contempt of court. Justice Rhonda Bain is expected to rule on an application to commit the Lyford Cay resident to the Department of Correctional Services, Fox Hill, after it was alleged that he engaged in dredging activities off the coast of his Nygard Cay home in defiance of a court order. Local environmental group Save The Bays (STB) has brought several judicial review cases against Nygard over offshore construction works allegedly carried out in the absence of necessary permits and approvals and which have resulted in the near doubling of the size of his property. An injunction against such activities was handed down by Justice Bain on June 13, 2013. It is alleged that Nygard violated this in December, 2014. In addition to his committal to prison, STB is asking the court to order that Nygard be required to remove all of the sand, spoil or other material that has been dredged and extracted from the sea bed since December 11, 2014 - and which was subsequently spread along on a beach at Nygard Cay and place it along the public beach at Clifton Bay, known as Jaws Beach. In closing arguments yesterday afternoon in Supreme Court, Fred Smith, QC, attorney for STB, told the court that clear evidence had been presented, in the form
of photographs and witness testimony, proving that for a period of nine days in December, 2014, Nygard periodically dredged the sea bed at Simms Point/Nygard Cay in explicit contravention of the court order. He noted that Nygard has not denied that he was fully aware of the terms of the injunction and therefore knew he was breaching it by conducting such activities. Mr Smith argued that the dredging was clearly authorised by Nygard, as it was carried out on his property and at times, under his supervision. In his closing arguments, attorney for Nygard, Elliott Lockhart, QC, told the court that a permit to dredge the sea floor was granted to Nygard Holdings Ltd and not Peter Nygard in October, 2014. Therefore, he argued, and in the absence of any definitive evidence to the contrary, the court should assume that the company, and not the individual, carried out the dredging complained of in STB’s application. Peter Nygard and Nygard Holdings Ltd, Mr Lockhart stressed, are separate entities. He added that no evidence had been adduced to prove that Nygard was personally responsible for the dredging which took place off the coast of his property. Mr Smith branded this an “absurd” argument which “defied logic” as it would allow any individual, prohibited by the court from undertaking certain activities, to simply carry them out under another name.
STANFORD PINDER, 24.
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Sweeting died of his injuries. The young child and the two men survived the incident. Pinder and his juvenile accused, who cannot be named because of his age, were told yesterday that they would not be required to enter a plea to the charges until they are formally arraigned before a judge of the Supreme Court when the case is transferred there through the presentation of a voluntary bill of indictment scheduled for April 25. Both alleged that they were brutalised while in police custody and the minor, according to his mother, has a pre-exist-
Photos: Terrel W. Carey/Tribune Staff
JARRET MAJOR, 30.
CALVIN HIGGS, 29. By LAMECH JOHNSON Tribune Staff Reporter ljohnson@tribunemedia.net THREE men were remanded to prison yesterday after they were arraigned in connection with a recent seizure of drugs and firearms by law enforcement officers in Abaco. Anthony Powell, 34, Jarret Major, 30, and Calvin Higgs, 29, appeared before Magistrate Andrew Forbes facing four drug related charges: possession of dangerous drugs with intent to supply, importation of dangerous drugs, conspiracy to import dangerous drugs and conspiracy to possess dangerous drugs with intent to supply. They were further arraigned on two counts of possession of an unlicensed firearm, a count each of possession of a firearm with intent to supply and possession of ammunition with intent to supply, two counts of importation of firearms, two counts of conspiracy to import firearms and importation of ammunition.
NICHOLAS LIGHTBOURNE, 23.
SPENCER LEWIS, 25.
FOUR MEN, TEENAGER IN COURT OVER RECENT SHOOTINGS
THREE CHARGED IN CONNECTION WITH DRUGS, FIREARMS SEIZURE IN ABACO
ANTHONY POWELL, 34.
THE 16-year-old boy is brought to court.
The trio pleaded not guilty to all 13 charges related to the February 24 arrest. It is alleged that the trio, between February 8 and February 24, agreed with a common purpose to import and were allegedly found in possession of dangerous drugs - marijuana - into the Bahamas with intent to supply. It is further alleged they were found with two 9mm weapons - Beretta and Springfield - and 27 rounds of 9mm ammunition for the illegal firearms without having the requisite licences and certificates to possess the items. The men will stand trial on May 16 in connection with the seizure. Due to the nature of the charges, they were denied bail and remanded to the Department of Correctional Services. However, they have the right to apply for bail in the Supreme Court. Powell has retained attorney Jomo Campbell to represent him while Major and Higgs are represented by Murrio Ducille and Krysta Mason-Smith.
ing heart condition that requires treatment and monitoring. The chief magistrate made a note of the concerns on their Department of Correctional Services remand warrant. In the next arraignment, Nicholas Lightbourne, 23, was also arraigned on charges of murder and attempted murder concerning a shooting on Sunday, February 19. It is alleged that he intentionally caused the death of Clearance Gibson and tried to kill Shonae Sweeting. According to earlier police reports, shortly after 11pm, the victims had just left a party and were walking on Knowles
Drive off Tonique Williams-Darling Highway when five masked men with handguns in a small white vehicle pulled up and shot them before speeding off. Gibson was pronounced dead at the scene, while KINGSLEY CHOUTE, 22. Sweeting was taken to Shortly before 7.30pm, hospital to receive mediAriste and Cox were sitcal care. This case is scheduled ting in a vehicle on Durto be fast-tracked to the ham Street off Mount Supreme Court on April Royal Avenue, when two armed gunmen ap27. In the other arraign- proached and shot them ment, Spencer Lewis, 25, before fleeing on foot. and Kingsley Choute, 22, They were taken to hosstood accused of inten- pital where Ariste died of tionally causing the death his injuries. A Voluntary Bill of Inof Kirt Ariste on Friday, February 3, and attempt- dictment presentation for ing to cause the death of this case has been scheduled for April 26. Dino Cox.