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FRIDAY, JULY 17, 2020
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Court paves way for Lucayan’s sale, cuts By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
A MAJOR obstacle to the Grand Lucayan’s sale was this week eliminated by the Supreme Court’s denial of an injunction bidding to block the terminations of around 175 staff. Michael Scott QC, the hotel’s chairman, yesterday told Tribune Business it was “business as usual” as he and the government attempt to close the property’s sale to the ITM Group/Royal Caribbean joint venture by month’s end. He blasted the legal action launched by the Bahamas Hotel Managerial
• Denies union bid to halt terminations • Month’s end target for ITM/Royal close • Focus turns to wrongful dismissal claim Association (BHMA), which represents around 63 Grand Lucayan middle managers, as “a monumental waste of time, misconceived and a further attempt to burden the Bahamian taxpayer” who has likely invested at least $100m in the hotel’s acquisition and upkeep to-date. However, Obie Ferguson, the union’s president and attorney, yesterday told this MICHAEL SCOTT QC
OBIE FERGUSON
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Opponents bid to ‘shed light’ on Briland project By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net OPPONENTS of a controversial Harbour Island marina project are hoping to force its ex-project manager to “shed light” on whether its permits are non-compliant with government approvals processes. Br-Island Responsible Development Association (BIRD), in legal papers obtained by Tribune Business, is seeking a US federal court order to compel Bernard Ross, who has a history of convictions and run-ins with US law enforcement, to give up whatever inside knowledge he holds on 4M Harbour Island and its principal, Michael Wiener. BIRD’s move, made on Wednesday, comes just two weeks after it launched a second Judicial Review
• Seek evidence from ex-convict project manager • 4M facing second Judicial Review permit battle • Claims marina exceeds size allowed by govt challenge to 4M’s construction and other permits in the Bahamian Supreme Court. Its application to the south Florida federal court to force Mr Ross to provide testimony and evidence is thus an attempt to bolster legal manoeverings aimed at thwarting the developer’s ambitions. Alleging that Mr Ross should possess “first-hand knowledge and information” relating to 4M’s efforts to build a “steel metal ‘artificial island’” and dock, as part of its Briland Residences and Marina project, BIRD and its members are alleging that the developer has violated Justice Diane Stewart’s
‘Time to discipline untruthful lawyers’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
AN INDIVIDUAL attorney and Bahamian law firm have been cited for contempt of court by a Supreme Court judge, who blasted: “The time is ripe to discipline these untruthful lawyers.” Justice Indra Charles, pictured, in a scathing July 6 verdict, blasted Donna Dorsett-Major and the Martin & Martin law firm for their roles in “fabricating allegations” in a bid to force her
recusal from a hearing on damages and costs relating to a property dispute. Suggesting that the claims were “nothing more than a delaying tactic to stall” the case, Justice Charles cited Martin & Martin for drawing up the affidavit containing Mrs Dorsett-Major’s “untruths and fabrications” without conducting a proper investigation to determine if they were correct. “The time is ripe for the court to discipline attorneys
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GB businesses urge Florida travelling ban By YOURI KEMP Tribune Business Reporter ykemp@tribunemedia.net
GRAND Bahama businesses yesterday urged the government to block Bahamians travelling to Florida to prevent another islandwide COVID-19 lockdown. Greg Langstaff, owner of the Grand Bahama Brewing Company, told Tribune Business: “Unfortunately, just locking it down in Grand Bahama is not going to be enough. I think if they want to contain it, they have to be way more aggressive, and he [the prime minister] needs
to stop Bahamians from going on trips to Florida. “If a Bahamian said that they are going to go to Wuhan, China, and come back, or if they would have said six months ago that they want to go to Italy, we would have an issue. But the new epicentre of this pandemic in the United States is in Florida and Miami-Dade.” Mr Langstaff spoke out as three new COVID-19 cases were reported on Grand Bahama yesterday, taking the total to 13 detected in just over a
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October 17, 2019, order that all permits be obtained in compliance with the law and established procedures. “At issue now is whether 4M has violated this 2019 court order by continuing construction on the marina project without obtaining a permit ‘made in compliance with the law’,” Theresa Mersky, BIRD’s vice-president, secretary and treasurer, alleged in a July 15, 2020, affidavit. “4M began construction again following the issuance of a new building permit on April 21, 2020, by the Harbour Island District Council (HIDC). However, BIRD contends that this second
permit is also legally invalid because it also was not made in compliance with applicable law.” She added: “The April 2020 building permit was issued following a written decision of the HIDC dated January 13, 2020, which stated, in pertinent part, that it was granting approval for the marina project subject to certain conditions, including that the project meet the requirements of the Bahamas Environment, Science and Technology Commission (BEST), and ‘other relevant government agencies’.”
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‘Better July than 2019’ won’t cover $2m COVID loss By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
A HARBOUR Island hotelier yesterday revealed that while his resort may “ironically enjoy a better July than last year” it will not make up for the $2m lost during the COVID-19 lockdown, Benjamin Simmons, proprietor of The Other Side and Ocean View properties, told Tribune Business he was presently at “100 percent occupancy” and had averaged around 70 percent since The Bahamas opened its borders to international travellers on July 1. While had had been able to bring back all 45 fulltime staff, Mr Simmons said he has been unable to recall 15-20 part-time staff because COVID-19 protocols have limited his restaurant to catering to just in-house guests to maintain social distancing. He added that his properties had suffered around four cancellations as a result of being unable to obtain the negative PCR swab test required to enter The Bahamas in time to travel, especially during the period when the government narrowed the testing window to seven days, with most visitors booking within four days of their planned arrival in Harbour Island. With “short-term bookings” the current norm for himself and many hoteliers, Mr Simmons said medium and long-term planning was virtually impossible. With August currently appearing flat, he added that he would “do what I can to stay open and keep people employed”, with the provision of pay cheques rather than the accumulation of profit the main objective.
“We are at 100 percent occupancy right now,” Mr Simmons told Tribune Business. “By and large we’re very thankful to have business and get our staff employed. We’re going to stay open as long as we can to keep them employed. “It’s hard to predict what’s going to happen. People are booking, but they’re booking four days out because they have to have the negative COVID-19 PCR test. We’ve averaged 70 percent occupancies since the reopening on July 1. “This July might even be better than last year, ironically enough, but that’s no substitute for March, April and May unfortunately. We probably lost around $2m worth of business between the events and the hotels.” Mr Simmons said he was able to provide staff with a stipend, and keep them occupied at the pandemic’s height, by operating a food bank over that ten-week period. While full-time staff had returned to work, he added that it was “unfortunately not so much” the case for part-time workers. Most of these, he explained, worked in his restaurants which are operating at lower capacity due to the COVID-19 restrictions on social distancing. As for guest compliance with The Bahamas’ COVID-19 testing requirements, Mr Simmons added: “There was a lot of confusion when it went down to seven days and then back to ten days. “We had about four cancellations in that period when people were not able to get the test in time. That’s probably been the only challenge. Everyone praised the government for
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