09162020 BUSINESS

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business@tribunemedia.net

WEDNESDAY, SEPTEMBER 16, 2020

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Miller: Govt, BOB ‘acted in bad faith’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

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HE Supreme Court has blasted the government and Bank of The Bahamas for “acting in bad faith” and working together against an ex-Cabinet minister in breaching five multi-million lease agreements. Justice Cheryl GrantThompson, in a July 24, 2020, verdict, ruled that the pair had gone “hand in hand with each other” after the Minnis administration decided not to follow through with its predecessor’s plans to rent space in Leslie Miller’s Summerwinds Plaza property for multiple public sector agencies. In finding that the government had committed “an abuse of the court process” by providing “no reasonable defence” to the claim from Mr Miller and his eight companies, Justice GrantThompson said the only matter to be determined is the amount of damages the former MP is entitled to. While she awarded him an initial $9.846m for “breach of contract”,

• Knew ex-MP was ‘asset rich/cash poor’ • QC: Damages could ‘go to about $80m’ • Says govt, BOB were ‘drivers’ of leases

LESLIE MILLER

DAMIAN GOMEZ QC

representing the government’s $8.476m in rental arrears from December 1, 2016, to the date Mr Miller’s action was filed, together with a further $1.371m, the judge’s ruling left the door open to further liability for Bahamian taxpayers. For, having declared that the five leases “are valid and binding upon the parties”, Justice Grant-Thompson said the former Cabinet minister would be entitled to further compensation should the government elect not to now proceed with

renting space at the Tonique Williams Highway property. The judgment makes clear that Mr Miller is also seeking special damages of a further $9.118m, representing some seven years worth of rental income, plus the recovery of $425,000 that was spent on renovating the Summerwinds Plaza to make it fit for the government’s requirements. Damian Gomez OC, Mr Miller’s lead attorney, yesterday suggested that damages to his client could “go to about $80m”. He

Proposed work visa not a ‘needle mover’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

A BAHAMIAN economist yesterday warned the Economic Recovery Committee’s proposed work visa is not a sufficient “needle mover” to replace $1.7bn to $2bn in tourism earnings lost to COVID-19. Rupert Pinder, who lectures at the University of The Bahamas, told a webinar organised by TCL Group that the committee’s estimates to-date suggested the planned visa will come nowhere near to compensating for the “huge

economic hit” delivered by the pandemic. The committee, in unveiling its annual work/study visa, suggested that attracting 1,000 successful applicants to The Bahamas would result in a $30m annual boost for the economy assuming each spent an average of $30,000. However, Mr Pinder said such an injection - however welcome - paled when set against the hundreds of millions of dollars lost to the Bahamian economy and its workers as a result of the COVID-19 lockdowns and other restrictions.

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Family Islands ‘can’t survive’ with COVID travel requirements By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net EXUMA’S Chamber of Commerce president yesterday warned that Family Island economies “cannot survive” if inter-island air travel remains almost shutdown due to COVID-19 restrictions. Pedro Rolle told Tribune Business that the requirements for persons travelling from New Providence to pay for, and obtain, a negative COVID-19 PCR test as well as quarantine for 14 days had deterred both commercial

and leisure travel between the capital and Exuma. While acknowledging that health and safety, and efforts to fight the spread of the virus, were uppermost in the government’s mind, he added that the indefinite continuation of such protocols would not only impact tourism but businesses that frequently needed to travel to New Providence to meet with vendors and conduct other transactions. Arguing that the present COVID-19 inter-island travel restrictions cannot

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explained: “If you look at the specific provisions of the lease, the government was advancing a loan payment [to Mr Miller] to build a mezzanine, which effectively doubled the space of the rental area. “Not having completed it, Leslie can claim for loss of rental income that would have come from that rental space, which effectively doubles his claim.” Arguing that all Bahamians should be concerned about the government’s willingness to renege on its obligations, and not follow through on binding legal agreements, Mr Gomez said he had no concerns about the government’s planned appeal. “I’m not worried about it. I’ve seen what they’re trying to do. We will prevail ultimately,” he added. “This is a big fight. Leslie’s got to be patient but we’re going to win ultimately, so I am not concerned about it.” Pointing out that binding

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‘Fifth division Bahamas’ faces uphill struggle to hit Singapore ambition By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

THE Bahamas “is as far from becoming the Singapore of the Americas as a fifth division soccer team is from the UK’s Premier League”, a prominent banker warned yesterday. Gregory Pepin, Deltec Bank & Trust’s chief executive, told a webinar organised by the TCL Group that while this nation has the potential to achieve such status it has much work to do before realising such lofty ambitions. Arguing that it remains “a struggle” to gain approvals for any form of investment and business outside tourism, Mr Pepin said he had personally experienced such challenges over the past six months “to bring new business” to The Bahamas. While COVID-19 has presented an opportunity to “reinvent” the Bahamian economy by reducing its dependency on tourism, the Deltec chief said this can only be seized if the government “stops thinking like a lawyer and thinks like a businessman”. He also warned that The Bahamas’ digital economy and “technology hub” aspirations were currently built on extremely shaky foundations, describing all three of Bahamas Power & Light

(BPL), Cable Bahamas and Bahamas Telecommunications Company (BTC) as “a joke” for offering services that were either unreliable or too costly compared to regional and global rivals. While The Bahamas’ proximity to major consumer markets in the US and Canada, and connectivity to other key jurisdictions such as the UK, remained critical strengths, Mr Pepin said this nation lacked “the right policies to take advantage” of this. He described this as being akin to “a bad house in a rich neighbourhood”, where the investment climate and regulatory framework were not sufficiently efficient, robust and business friendly to attract major foreign direct investment (FDI) and capital flows. “The biggest problem with The Bahamas is not position,” Mr Pepin said. “You can be the Singapore of the north, the Singapore of the Americas, but knowing how Singapore works we’re as far from Singapore as a fifth division team is from the Premier League. “The challenges you have to go through to get there are discouraging. The reality is if you want to do business here other than tourism it’s challenging.... anything else is a struggle.

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