business@tribunemedia.net
FRIDAY, NOVEMBER 24, 2023
$6.05
$6.11
$6.01
Bahamas broker’s clients: ‘We’ll be left with nothing’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net DELOITTE & Touche liquidators and their attorneys have been awarded over $1m in costs despite clients of a collapsed Bahamas broker/ dealer voicing fears this payment leaves nothing for them to recover. Chief Justice Ian Winder, while acknowledging that he “shared concern” over the fees levied by the accounting firm and Callenders & Co, in a November 20, 2023, verdict ruled that this cannot override “the need for the job to be done properly” in the Supreme Court-supervised winding-up of Pacifico Global Advisors. He added that such costs were almost inevitable given “the messy nature of a company whose life is brought to an end involuntarily”, and found that Deloitte & Touche could not “be bound” by estimates from Pacifico Global’s first liquidator, Ed Rahming,
t "T MJRVJEBUPST BOE BUUPSOFZT BXBSEFE N QMVT DPTUT t $SFEJUPST DPNNJUUFF 8F XPO U SFDPWFS AB TJOHMF EJNF t "TL 8IP CFOFmUT 'JSTU MJRVJEBUPS QBZ IFME PO AMPTTFT the Intelisys (Bahamas) founder and managing director, who had estimated the winding-up would incur only a further $558,000 in costs after he stepped down. Sir Ian thus awarded Deloitte & Touche’s application to be paid $958,000 for work done over the 11 months between end-July 2021 and end-May 2022, with Callenders granted some $218,000 to cover its legal costs. That brought the total payment to $1.176m. However, the chief justice “deferred” his decision on whether Mr Rahming and his agent should be paid their final $93,265 on the basis that
he had “caused losses to the liquidation estate” via an alleged unnecessary currency conversion of fund holdings. Deloitte & Touche’s application for Supreme Court “sanction” to recover fees and expenses incurred in working on Pacifico Global’s liquidation was opposed by the broker/dealer’s creditors committee, which was also previously at odds with Mr Rahming over his claimed costs. Sir Ian said Gail LockhartCharles KC, the Committee’s attorney, “captured the crux” of its complaints when she asserted in the case of Deloitte & Touche: “If the
court approves these fees, what will happen is that there will be no funds to pay any creditors. “The liquidators would have, between Mr Rahming and the new joint official liquidators [Deloitte], spent all of the assets to pay creditors. Creditors would not get a single penny, and the liquidators would have come in and spent all of the money on their fees.” This highlights just how the fees charged by liquidators and their attorneys have increasingly become a bone of contention in Supreme Courtsupervised winding-ups. This has especially been the case when liquidators have sought to obtain approval for a portion of their costs to be paid from client assets, which are held in trust/escrow and in a fiduciary capacity, and do not belong to the company being liquidated. Such a scenario has frequently incurred in the case
SEE PAGE B4
Marinas: ‘Nothing’ heard on new online fee portal By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net MARINA operators yesterday disclosed they have heard “nothing” about the online charter fee portal that was supposed to be created via a controversial $3.355m contract award. Peter Maury, a past Association of Bahamas Marinas
(ABM) president, told Tribune Business that industry operators had asked how their clients could pay the 4 percent Port Department charter fee prior to the winter boating season but received no answers from either that agency or the portal’s selected developer, DigieSoft Technologies. The DigieSoft portal was to replace the SeaZ Pass
solution developed for the ABM, which the Government ordered shut down in October 2022 amid allegations - vehemently denied - that not all charter fees collected and due to the Public Treasury had been paid over. But with no information forthcoming on the nature and timing of DigieSoft’s solution, Mr Maury said foreign yacht charters have not only
been deprived for over a year of a convenient mechanism through which to pay the 4 percent Port Department fee, but taxpayers are now carrying the burden of financing a “non-existent” portal that the private sector previously funded at no cost to the Bahamian people. With the DigieSoft contract award engulfed in fresh
SEE PAGE B5
FNM wants Auditor General to probe maritime contracts By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE Opposition will urge the Auditor General to “intervene” and probe allegations by a top civil servant that two maritimerelated contracts were executed irregularly, its leader revealed yesterday. Michael Pintard told Tribune Business that the Free National Movement (FNM) will also “without question” use its control of Parliament’s government spending watchdog, the Public Accounts Committee (PAC), to launch its own investigation into how DigieSoft Technologies and Adolpha Maritime Group were awarded multi-million
MICHAEL PINTARD dollar contracts by the Davis administration. Coming off Wednesday’s by-election defeat, Mr Pintard signalled he plans to turn up the heat on the Government after Antoniette Thompson, the top civil servant in the then-Ministry
SEE PAGE B4
Cable ‘well beyond half-way’ on fibre roll-out next month By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net CABLE Bahamas’ top executive says it will likely be “well beyond the halfway point by December” in rolling-out its new fibreto-the-home network infrastructure across New Providence. Franklyn Butler, the BISX-listed communications provider’s executive vice-chairman, president and chief executive, told Tribune Business that more than 40,000 homes on the island have already been passed with AlivFibr as the company now moves to focus on service quality and customer responsiveness.
Earlier, writing in Cable Bahamas’ just-released 2023 annual report, Mr Butler wrote: “We continue to be steadfast in our rollout of our fibre-to-the home (FTTH) network having successfully passed and certified over 40,000 homes in our ALIVFibr roll-out on New Providence. “ALIVFibr services are now available in several communities throughout New Providence, including Adelaide, Coral Harbour, Stapleton Gardens, Golden Gates, Gladstone Road, Lyford Cay and Sandyport. Our continued expansion of FTTH represents a significant leap forward
SEE PAGE B5
$6.07
$200m renewable fund eyes summer ‘24 launch t A)JHI JOUFSFTU JO GVOEJOH #BIBNBT .8 SPMM PVU t 'VOE UBSHFUJOH JOWFTUPST XJMMJOH UP JOKFDU N N t *10 PG TIBSFT UP #BIBNJBO JOWFTUPST JO AMPOH UFSN By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE Ministry of Finance’s top official yesterday said he is targeting summer 2024 for the launch of an up to $200m fund that will finance renewable energy’s build-out across The Bahamas. Simon Wilson, the financial secretary, told Tribune Business that initial market soundings suggested there is “high interest” from foreign funds and investment managers in the proposed Bahamas Renewable Energy Fund, which will serve as a vehicle to mobilise private capital, grant and multilateral development capital in financing the roll-out of utility-scale solar and other sustainable forms. Speaking after the Government launched an expression of interest (EOI), a process designed to explore just how much genuine interest there is in both investing in and managing the Bahamas Renewable Energy Fund, he described its structuring and creation as “a very important priority” towards delivering more affordable, cleaner energy as well as a lower national carbon footprint. “I’m thinking before summer of next year,” Mr Wilson told this newspaper, when asked when the Government is seeking to launch the Bahamas Renewable Energy Fund. “When we did the formal soundings of the market, there was high interest and support, really I can say from foreign-based funds and foreign-based investment managers. We had strong support, good interest.” While much remains to be determined on how the Bahamas Renewable Energy Fund will be structured, as that will depend on the ideas and interest generated during the EOI as well as the private fund manager selected to operate it, the financial secretary signalled
SEE PAGE B6