05152020 BUSINESS

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business@tribunemedia.net

FRIDAY, MAY 15, 2020

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Web shops threaten closure legal action

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

S

EVERAL web shops will take legal action over the sector’s renewed closure as early as Monday if they do not receive the desired response from the Prime Minister’s Office, a prominent QC revealed yesterday. Wayne Munroe QC told Tribune Business that Paradise Games and TIG Investments, trading as The Island Game, had “instructed me to action” after Dr Hubert Minnis on Sunday singled out

• QC plans ‘first step’ letter to PM today • Says Gaming Board approved re-open • Closure threatened workers’ benefits

WAYNE MUNROE QC

domestic gaming as the only industry forbidden from offering curb-side and drive through services to patrons. He revealed that he today plans to send a letter to the Prime Minister’s Office, which is the “Competent Authority” overseeing the Emergency Powers (COVID-19) Orders, to “give them the chance to accept” there was no medical or health justification for ordering the industry to

close again just one week after it re-opened following the nationwide lockdown. Confirming that the letter is the first step in potential legal action by his clients, Mr Munroe said he would then ask the Prime Minister’s Office to produce the medical reasoning for its decision should it it stick to the position that the sectorwide closure was justified.

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Stem cell provider in May 28 wind-up By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A PIONEERING Freeport-based stem cell therapy provider faces being placed into Supreme Court-supervised liquidation on May 28 over a “wholly unpaid” $12m debt owed to its main lender. The failure of the Okyanos Centre for Regenerative Medicine has been blamed on a “catastrophic” series of events triggered by Hurricane Dorian’s destruction in early September 2019, from which it has never reopened after its premises suffered damage estimated at more than $2m. Legal documents filed by the Supreme Court, and which have been obtained by Tribune Business, reveal that Okyanos has yet to

• Main creditor claims $12m debt ‘wholly unpaid’ • Okyanos suffered over $2m Dorian damages • Judge overturns equipment removal block “receive the majority” of the proceeds from its Dorianrelated insurance claims. And, with the stem cell provider lacking any “means to generate revenue”, its problems were worsened by a legal dispute that erupted with its landlord at Freeport’s First Commercial Centre after it served notice of its intention to terminate the lease on October 25, 2019, due to the facilities being “unfit for occupancy”. The landlord obtained a Supreme Court Order, during a hearing where only itself was represented, on October 20, 2019, that

GB Power bond ‘backstopped’ by $60m guarantee By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net GRAND Bahama Power Company’s Canadian parent is providing an “up to $60m guarantee” to give investors extra comfort the utility will repay $25m worth of bonds when they mature next Friday. Dave McGregor, GB Power’s chief executive, explained to Tribune Business that Emera had agreed to “backstop” the bond repayment to calm any investor doubts that may have been sparked by the combined impact of COVID-19 and Hurricane

Dorian on its Bahamian subsidiary. While GB Power already has “the funding in place” to repay the bond holders from its own resources, he added that it was “one of the fortunate advantages of having a parent” in that its 100 per cent owner can offer an additional layer of security and confidence to investors. “We have a number of bond holders, and the first tranche is coming up for repayment next week,” Mr McGregor said. “What the bond holders are concerned about is the financial status of GB Power

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Family Islands ‘ready to open’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net EXUMA’S Chamber of Commerce chief says “there’s no reason” why all Family Islands other than Bimini should not have their full economic reopening included in the next wave of COVID-19 relaxations. Pedro Rolle, in a recent interview with Tribune Business, said “it means the world to us” that Sandals has set July 1 as the target date to reopen its Emerald Bay resort given the property’s importance as the main engine of Exuma’s economy. Acknowledging that the island’s businesses and residents will have to “survive”

until that date, which appears largely aspirational given that it depends on both the opening of The Bahamas’ borders and resumption of travel from the US, Mr Rolle said it nevertheless provided time for Exuma to put the necessary health and safety protocols in place before tourism returns. And, while the full re-opening of Exuma’s domestic economy will provide a much-needed boost, Mr Rolle said the return of domestic travel within The Bahamas is also critical given that his and other islands depend equally on “interaction with Nassau for our sustainability”.

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prevented Okyanos from removing almost $3m worth of medical equipment from its facilities as the two sides squabbled over the amount of damage caused by Dorian, who should be responsible for repairing it and allegedly unpaid rent. The First Commercial Centre was owned by Premier Commercial Real Estate Investment Fund, an investment fund created by former Grand Bahama Port Authority (GBPA) chairman, Hannes Babak, but which was delisted from the Bahamas International Securities Exchange (BISX) in 2018. Mr Babak

is still thought to retain an ownership interest in the property, and attorney Andre Feldman, who frequently acts for him in legal matters, sits on its Board as well as appearing in legal filings related to the dispute with Okyanos. According to legal filings, the landlord/tenant dispute was “stayed” on February 10 by Justice Indra Charles agreeing to the appointment of Cheryl Simms, an accountant at Kikivarakis & Company, as provisional liquidator for Okyanos. This automatically halted all legal

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Use COVID crisis to shatter ‘protectionist dependence’ on elite By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE COVID-19 crisis has given The Bahamas “a fantastic opportunity” to do away with the “protectionism” surrounding foreign direct investment (FDI) and “the merchant elite”, an ex-attorney general urged yesterday. Alfred Sears QC told Tribune Business that “ring fenced” tax breaks and other concessions granted to foreign investors, but never to Bahamians, and the anti-competitive dominance of certain sectors by a small number of firms, had helped create a culture of “economic dependency” in this nation. Arguing that The Bahamas will never have a better chance to shatter the status quo, and forge a new economic model for itself, Mr Sears called on policymakers within the government to show “the vision and courage” necessary to seize the moment created by the pandemic. Predicting that The Bahamas will by August have half of its annual gross domestic product (GDP), due to a combination of Hurricane Dorian and COVID-19, and with a national debt likely around $10bn, he warned that the country will not be able to escape its growing predicament solely through government borrowing. Instead, Mr Sears called for a national economic strategy based on “resilience and sustainability”. He added that The Bahamas’ near-total dependence on food and fossil fuel imports, which drain an estimated $1.5bn per year combined from The Bahamas’ foreign currency reserves per year, could not continue even if tourism

ALFRED SEARS QC was still bringing in $2.5bn in earnings to counter this. Urging The Bahamas to counter this dependency through the expansion of renewable energy and greater domestic food production, Mr Sears said the latter needed to forge greater links with a “reconfigured” tourism industry that moves away from the giant “Las Vegas-style” resorts of Atlantis and Baha Mar to a product based more on culture, history and the performing arts. The former attorney general, adding that COVID-19 must force The Bahamas “to do what we ought to have been doing long time”, said a tourism industry based less on ‘sun, sand and sea’ will also present greater opportunities for Bahamian ownership. And The Bahamas must also become “much more nimble” through fully embracing the digital economy as a way to improve productivity, governance and efficiency. Acknowledging that the nation’s economic model needs a total overhaul, Mr Sears warned that failing to exploit the disruption presented by COVID-19 would “condemn our country to an indefinite but awful future of dependency”. This, he added, would involve an International

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