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WEDNESDAY, DECEMBER 15, 2021
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‘Glaring deficiencies’: Sky chief defeats $33m ruling By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A SUPREME Court judge yesterday cited “glaring deficiencies” as he overturned a default judgment against Sky Bahamas’ principal over an alleged $33.4m “bogus loan conspiracy”. Justice Loren Klein branded the claims made against Captain Randy Butler and the airline by the latter’s former financier, Fred Kaiser, and his companies as “rather threadbare” and “far short of the mark” when it came to making a case for “fraud and/or conspiracy” against them.
• Airline financier’s case against Butler ‘far short of mark’ • Former deputy prime minister added as fourth defendant • Judge: ‘Striking’ Turnquest not named as party earlier And he found it “striking” that former deputy prime minister, K Peter Turnquest, was not named as a defendant to the action despite Mr Kaiser and his companies alleging that he had played a key role in the purported fraud as a “third party conspirator”.
Holiday determination aids staff cost control By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A SENIOR hotelier yesterday welcomed the Government’s decision to clarify which two days will be designated as “holidays” this Christmas for better enabling the industry to control labour ROBERT SANDS costs. Robert Sands, the Bahamas Hotel and Tourism Association’s (BHTA) president, told Tribune Business that confirmation December 28 will NOT be a public holiday will allow resorts to now properly plan roster schedules for the Christmas weekend and the week leading up to New Year. With “premium rates” of at least “double time” or pay mandated for employees who work on Christmas Day and September 27, he said determining the number of staff rostered for those days was critical to controlling labour costs. “Nothing has really changed financially. We appreciate the clarification. There is no negative or positive impact to the hospitality industry,” Mr Sands told this newspaper. “I think it brings clarity to the situation, because there was some consideration that the Christmas holiday might be moved to Monday and the Boxing Day holiday be moved to Tuesday, and for some people that may have been a four-day break. “As it currently stands, it will be a three-day break over Saturday, Sunday and Monday. It’s not additional days; it’s just when the day is officially recognised as a holiday by the Government of The Bahamas.” Mr Sands spoke after Clint Watson, the Prime Minister’s press secretary, said the
SEE PAGE 4
Michael Scott QC, attorney for Mr Kaiser’s Alpha Aviation and Advanced Aviation entities, yesterday told Tribune Business that concern has been resolved after he obtained Justice Klein’s permission for Mr Turnquest to be added as a fourth defendant alongside Captain Butler, Sky Bahamas
CAPTAIN RANDY BUTLER and another company, Aviation Group Oversight. “The same judge has granted leave to add K Peter Turnquest
SEE PAGE 6
Carnival transparency need is ‘quite obvious’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A GOVERNANCE reformer yesterday said there was “quite an obvious need for transparency” around the relationship between the Christmas Carnival and whichever political party is in power. Matt Aubry, the Organisation for Responsible Governance’s (ORG) executive director, told Tribune Business that it seems “a bit left of above board” for the popular Christmas/New Year attraction to be obtaining its required permits and approvals via a political party. Speaking after a letter was tabled in the Senate revealing that the governing Progressive Liberal Party (PLP) had applied
• Butler: ‘I hope this happens to no one else’ • QC: Verdict ‘minor detail on road to justice’ • Warns airline chief: ‘This of little comfort’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
to the Ministry of Finance/ Customs for importrelated approvals for all carnival equipment, the ORG chief said the situation “screams two things”. These were a need for “greater transparency and objectivity” around the Carnival’s permitting process to ensure it was not receiving favourable treatment compared to Bahamian and foreign investors seeking the same
SKY Bahamas’ boss yesterday said he “hopes and prays this never happens to anyone else” after a default judgment against him over an alleged $33.4m “bogus loan conspiracy” was overturned. Captain Randy Butler told Tribune Business he “cried because the weight was lifted” when Supreme Court justice, Loren Klein, cited “glaring deficiencies” in the case brought against him by Sky Bahamas’ former financier as the rationale for dismissing the previous verdict. He added that his faith and trust in the Bahamian judicial system had been rewarded after Justice Klein found that the allegations made by Fred Kaiser, and his Alpha Aviation and Advanced Aviation entities, were “rather threadbare” and “far short of the mark” when it came to making a case for “fraud and/or conspiracy”. However, Captain Butler said the “damage” done to his personal and business reputation, plus his family, had left a lasting impact, and added: “Had not God provided, I would have been a serious case.” Sky Bahamas, too, is no longer flying.
SEE PAGE 7
SEE PAGE 4
• Governance reformer: It ‘screams two things’ • Need for independent ‘vetting’ of concerns • And ensuring political favouritism absent
MATT AUBRY
Sky principal wins ‘tolerable victory’
CHAMBER CHIEF’S FEAR ON MINIMUM WAGE ‘TIMING’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE Grand Bahama Chamber of Commerce’s president says the private sector is not opposed to the concept of a minimum wage increase but, rather, the timing. Greg Laroda told Tribune Business that a further increase in labour costs for already “struggling” small and medium-sized businesses could make the difference between
GREG LARODA
them maintaining current operations or downsizing and even closing their doors. The Davis administration, which committed to raising the minimum wage by 19 percent pre-election, from $210 to $250 per week, has now asked the National Tripartite Council, the body responsible for all labour-related matters in The Bahamas, to study the issue and provide recommendations to the Government. However, Mr Laroda said that besides these concerns,
many companies are in a dilemma as to what they will do when the COVID ‘furlough’ period expires in March and they have to either recall those staff or pay them full severance packages. “We also have to look at what happens with the furlough coming to an end in March,” the GB Chamber chief warned, “and what some companies are going to do. Some companies are wondering if they have to let people go, and wondering
SEE PAGE 9
PAGE 2, Wednesday, December 15, 2021
MINISTER PUSHES BAHAMIAN AGRICULTURE ON BRAZILIAN TV
THE TRIBUNE A Bahamian Cabinet minister recently appeared on a Brazilian TV show to discuss modernising this nation’s farming industry, climate change impacts and the sector’s linkages to tourism. Clay Sweeting, minister of agriculture, marine resources and Family Island affairs, was interviewed on the program, Agro America, in an appearance that was sponsored by the InterAmerican Institute for Co-operation on Agriculture (IICA) as part of efforts to boost the sector in The Bahamas. The interview focused on agribusiness. Mr Sweeting discussed the importance of mitigating climate change; modernising the farming industry, and partnerships with the Ministry of Tourism and the positive impact this will have on the economy. The Bahamas is the first Caribbean country to join the Agriculture Innovation Mission for Climate Change. “COP 26 was monumental - from the various events hosted on the side as well as the Prime Minister’s speech
calling for the grave concern for action regarding safeguarding small island developing states such as The Bahamas,” said Mr Sweeting of the recent global climate change conference. Mr Sweeting also introduced the ‘Agrix’ app that is intended to enhance information exchange between farmers, extension officers and other stakeholders in the agriculture sector. The IICA has partnered with the Ministry of Agriculture for a pilot project to develop technology applications that will support the work of extension and advisory services in The Bahamas. The minister also explained that The Bahamas is among the ten most vulnerable countries to climate change, and can do its part in holding larger countries accountable for their contribution to the global warming. Mr Sweeting recently toured various farms throughout The Bahamas in a bid to develop more modern, commercial methods to
showcase the importance of farming - especially to younger Bahamians. The Government is also promoting backyard farming as a means to advance self-sustainability. Mari Stull, The Bahamas’ IICA representative, said: “IICA strongly supports the minister’s efforts to increase agribusiness opportunities, self-sustainability and a heightened awareness of climate issues in The Bahamas. “I was pleased we were able to highlight The Bahamas’ priorities in these areas internationally, and applaud minister Sweeting’s initiatives. Minister Sweeting’s interview on Brazil’s national TV show was well received and I believe the segment will be replayed again this week.” The IICA is the specialised agency for agriculture in the Americas. It supports the efforts of member states in advancing opportunities for economic growth and development, as well as fostering greater rural well-being and sustainable management of natural capital.
DPM VISITS AUTHENTICALLY BAHAMIAN TRADE SHOW
CHESTER COOPER, deputy prime minister and minister of tourism, investments and aviation, on Sunday visited the Authentically Bahamian trade show at the Atlantis ballroom. Accompanied by his wife, he met and greeted the vendors, and also patronised their businesses. Photos:Kemuel Stubbs/BIS
THE TRIBUNE
Wednesday, December 15, 2021, PAGE 3
DPM BLAMES AIRLINES OVER HEALTH TRAVEL VISA CONFUSION By YOURI KEMP Tribune Business Reporter ykemp@tribunemedia.net THE deputy prime minister yesterday blamed the airline industry’s “slow communication” process for difficulties being encountered by Bahamians in boarding flights to return home. Chester Cooper, also minister for tourism, investments and aviation, spoke out ahead of the weekly Cabinet meeting after reports emerged that some Bahamians have been asked to produce valid health travel visas in order to board their flights even though this COVID-related requirement was eliminated
as of Monday, December 13. He reassured Bahamians and residents seeking to reenter The Bahamas that the Government has communicated the policy change to the airline industry well in advance, but said there was sometimes a time lag between when the information is passed down to all carriers. Mr Cooper said: “I want to reassure the Bahamian people that we have communicated well in advance with all airlines. They had seven days notice in relation to the travel visa removal for Bahamians returning to the country. “The communication was done through IATA (International Air Transport Association),
the international agency that deals with travel and communicates officially with airlines, and we have notified all of our local partners, the heads of all of the local airlines. “Anyone who is having an issue boarding a flight can call the travel visa number on the Ministry of Tourism site, the typical site where you would have applied. There is a hotline number.” Mr Cooper added: “We have been advised by some airlines that their communication process is slow. Every agent in every airline, whether you are in Connecticut or Missouri or Fort Lauderdale, Florida, needs to be appropriately advised.
“We have been informed that the systems have all been updated in all of the airlines by IATA. And therefore, if this is happening, it’s simply as a result of human error and we ask the Bahamian traveller to call the hotline and the Ministry of Tourism will see where we can run interference to ensure that this does not recur.” It is unknown how many Bahamian travellers have been affected. Mr Cooper added: “We did have some queries from many Bahamians, who are in varying parts of the US, some of them far away and some of them have steady travel paths to The Bahamas. But we generally find that it’s the Bahamian who maybe is travelling from
a place where there is not a direct service, or there’s not a steady travel path to The Bahamas who may be having these types of issues.” The Davis administration says it has now kept its pre-election promise to end the travel health visa for Bahamians and legal residents travelling in and out of the country. However, the former prime minister, Dr Hubert Minnis, under whose administration it was introduced, has branded its removal a mistake on the basis there is now no way to authenticate if COVID tests are valid. Responding to this, Mr Cooper said: “I think the former prime minister should enjoy his retirement, quite frankly. I think we are
making decisions that are in the best interest of the Bahamian people. “We promised the Bahamian people that we would remove the travel visa, and the Bahamian people, our constituents, indicated to us that it was a nuisance. We are comfortable that the Ministry of Health is putting in place, and has done a significant amount already to conduct contact tracing. They’ve beefed it up in terms of their procedures and we have ensured that we move on from the state of play where this same former prime minister was all-powerful as the Competent Authority.”
BTVI CHIEF: CONSTRUCTION COURSES TO ‘BOOM’ IN ‘22 By YOURI KEMP Tribune Business Reporter ykemp@tribunemedia.net
THE Bahamas Technical and Vocational Institute’s (BTVI) president yesterday said he is focused on preparing students to exploit opportunities from foreign direct investment (FDI) projects. Dr Robert Robertson told Tribune Business yesterday there will continue to be curriculum changes at BTVI to meet the workplace challenges created by the COVID-19 pandemic.
He added that he is continually shifting the institute towards more “career oriented, short courses”, so more persons can take advantage of what it has to offer. “Things look pretty good with us,” he said. “Looks like we’ll be at record enrollment for Spring 2022. Lots of interest from students, both adult students and also dual enrollment high school students.” The Government’s scholarship programme is available to any who meet the minimum criteria, Dr Robertson said. “Almost 75 percent to 80 percent of
the students qualify for the scholarships,” he added. “So what we have done is we have added different types of courses that are career-oriented and career ready. We have added short courses that are kind of stackable. So you can take a course, and then maybe go to work or come back, but the flexibility of short courses that are partly online is something that we’re seeing around the world. We’ve been adding those for probably two years now.” The short course format is especially appropriate given the thousands
of Bahamians who were either terminated or furloughed due to the COVID-19 pandemic, and need to be upskilled to re-enter the workforce in another capacity. Courses such as hospitality and tourism, which is City and Guilds certified, along with a digital literacy programme certified by CISCO, are being promoted heavily at BTVI for the upcoming Spring 2022 semester. Dr Robertson said construction trade-related courses will be “booming” next year. “We’ve had conversations with a number
of major construction companies looking to do multi-million dollar projects in 2022. And they’re telling us that they want to start hiring as early as March, April, for big projects,” he added. “So what we’re going to do is really push this NCCER programme, which many of the construction companies look to as a global certification. It is based in the United States, but it’s a globally-recognised certification. “It stands for National Centre for Construction, Education and Research, NCCER. So starting in
RETAILERS REPORT STRONG START TO CHRISTMAS SALES By YOURI KEMP Tribune Business Reporter ykemp@tribunemedia.net BAHAMIAN retailers yesterday disclosed that sales for the industry’s vital Christmas season have gotten off to a strong start despite the global supply chain crisis. Adriano Baldacci, Micronet’s marketing manager, told Tribune Business that early festive sales have been “excellent” and scores of people have been pouring into the store. “People are mainly shopping for small items like laptops, tablets and earpods, Apple accessories and Apple watches,” he added. “People are also ordering television sets this time around. We’ve literally just launched our online store. It’s still in the infancy stage, but we are pretty satisfied with how things have gone thus far.” Micronet is experiencing supply chain
bottlenecks in common with much of the retail sector due to shipping and transportation challenges in the US. Mr Baldacci said: “The only thing that we have really any sort of concerns with is we just don’t have the stock levels that we usually have. “But the sales are still there and we still have stock right now. So, you know, we’re just hoping that we’ll be able to have enough to make it through Christmas, but things are going pretty well so far.” However, it is “too early to tell” if Micronet will be in a good position for next year once they have sold out of stock for this holiday season. Lucile Nancoo, floor manager for the Seventeen Shop, said sales are “good” this year despite the challenges in getting sufficient stock for Christmas. The retailer is awaiting just one more container before Christmas Day, which should arrive by the end of this week.
She added: “A lot of people have called and said they are coming in this weekend, and they have been calling and asking us what do we have. o far it’s been good.” Keva Gotlieb, general manager of the Sports Centre’s Sandyport location, added: “As of the moment, things are not really much different than it was through the course of the year. I have a feeling people are kind of waiting to be paid, the Government workers and the like. “So while we have not been suffering, it’s not really picked up to where we would say that this Christmas season is really upon us, but I can’t complain.” Ms Gotlieb said she was expecting sales to grow after government pay day this coming Friday. The Sports Centre will have all its stores open this coming Sunday to capture persons looking for holiday gift items. She warned, though: “People are still out
of jobs, whereas last year they were optimistic. But, this year, they have become discouraged. “A lot of our containers have been delayed in any event. We can only get them as they are shipped, but
they are slowly streaming in. While we will have stock, some of our goods won’t arrive until after Christmas. So what we have been doing is getting our customers to pre-order so we can capture them this season and tell
January, we’re going to have about 1,000 students in the trades, taking the core first and then they take level one and then level two, and those are basically online with only a little bit of hands on, but in level three it becomes all hands on,” Dr Robertson said. “So we want those people to be up to level three by April; May at the latest, and construction companies will then take them on board and provide them basically with an apprenticeship or an internship.” them their orders will be delivered after the Christmas season.” Items such as exercise equipment and machines are not the major sellers for the SportsCentre. Instead, it is apparel, as consumers are trending towards more “outdoor activity” now that the COVID-19 restrictions have been relaxed.
PAGE 4, Wednesday, December 15, 2021
THE TRIBUNE
SKY PRINCIPAL WINS ‘TOLERABLE VICTORY’ FROM PAGE ONE Yet Michael Scott QC, Mr Kaiser’s attorney, yesterday warned that despite Justice Klein’s ruling the legal case against Captain Butler and former deputy prime minister, K Peter Turnquest, who has now been named as a fourth defendant to the action, is far from over as the substantive case has yet
to be heard by the Supreme Court. “This is a minor detail on the road to justice,” Mr Scott told Tribune Business yesterday of the verdict. “Justice Klein ordered that we produce certain and further better particulars on the allegations in the statement of claim and, in so doing, set aside the default judgment.
“This was a technical judgment that in no way affects the strength, probity and justice of Mr Klein’s claim against Randy Butler and Randy’s related companies.... My client no doubt welcomes the opportunity for a hearing on the merits and a complete vindication of his claim against Randy Butler, K Peter Turnquest
Shell Western Supply and Trading Limited
Regional Team Leader – LATAM (Latin America) The RTL LATAM (Latin America) Crude Trading and Supply in SWEST (Shell Western Supply and Trading) offers a unique opportunity to apply in parallel the strong commercial and trading skills set developed during the incumbent previous trader’s experience whilst developing strong leadership attribute. As a leader the RTL will be managing a diverse and highly competent staff in Front Line Trading (Traders and analysts) . The incumbent will have an active role in the SWEST LT (Shell Western Supply and Trading) and therefore will have to manage his/her time effectively to be able to handle the new level of responsibility and exposure inherent to the role. The successful candidate will sit on the Board of Directors of SWEST (Shell Western Trading and Supply). This position will be responsible for leading a trading to deliver on of the highest NIBIATs for T&S Crude Trading, stemming from some of the most complex (high risk region), multi-stakeholder (internal and external), and resource intense (structured trade finance) deals in the Trading & Supply network. Additionally, the incumbent will have to demonstrate his/her ability to work collaboratively an act as a role model with all support functions within Trading and Supply. The job will require significant travel especially to some of the high-risk countries due to overarching geographical remit. RESPONSIBILITIES • Delivery of value through trading strategies (on Business Development, front line trading and analytical capacity) in excess of USD 500m NIBIAT per year. • Lead a team of traders and analysts. • Provide support and coaching whilst leading by example. Engage profoundly in the development of trading talents for the future generation for Trading & Supply Crude through the sponsorship of the Trader Development Program (TDP) process but also by being on the look-out for new talents internally as well as externally. • Lead, develop, enhance, and maintain outstanding internal and external relationships at business levels. In developing such relationships fulfil the most trusted partner ambition. Developing and managing third party relationships effectively in a highly fragmented, competitive and diverse region will be of paramount importance to sustain and grow the business. • Be a role model within T&S for Compliance and Safety, particularly considering the complexities and sensitivity due to known high risks of the region. • Instill a very strong culture of controls (no late deal entry, deal rationale, 100% compliance training, CLEs, etc) both in front line trading as well as in Business Development (global funnel, communication between teams, etc). • Work in close collaboration with the Business Development teams to deliver the deals of tomorrow. Always entice the team of trader to openly engage with their peers in that team. • Identify, promote, create and instill a culture of profound creativity aiming at continuously reinventing the crude trading business whilst finding profitable solutions to meet customer’s needs. • In a professional and respectful manner, aim at elimination any inefficiencies which get in the way of achieving the best outcome for RDS. Seek and ask the relevant support in doing so • Understand and manage professionally and soundly all risks associated with the LATAM Crude book (credit, compliance, HSSE, price, pricing…). • Provide pro-active input and take ownership of all the NBPs/GIPs which relate to the LATAM crude business. EXPERIENCE AND QUALIFICATIONS: • Minimum requirement of a bachelor’s degree in a related field such as Finance, Economics or Engineering. • At least three years of frontline trading or chartering experience required for this role. • Previous experience in a trading or supply organization is required for this role • The candidate should ideally be fluent in Spanish. • A profound understanding of Crude Trading and Supply business is critical for success. • Actual experience in LATAM Trading is a must due to the complexity of the crude book and the many exposure it does generate. • Sign of strong leadership potential is important as this position will lead a team of 6 experienced, highly skilled and divers in profile traders. • Very strong interpersonal skills. Ability and experience in liaising with a variety of stakeholders both internally and externally is crucial. Well established external relationships will be necessary to sustain and further grow the business. • Some countries within the LATAM jurisdiction are deemed to be of very high risk from a compliance and HSSE perspective. It is therefore very desirable to have had proven experience, and extreme diligence, in managing business in the region. Apart from commercial expertise, understanding of governance and legal framework knowledge, and cultural awareness of the region is important to be able to steer growth strategy and at the same time mitigate risks. • Responsible directly for a bottom line of NIBIAT USD 500m+ per year for Crude Trading and Supply as well as co-managing (together with Finance) the existing debt (structure financing deals) To submit application for this role please send a CV to the following email: HR-Advice-Bahamas@shell.com on or before Thursday 23, December 2021.
and their related entities in our courts. “So far as Captain Butler is concerned, this is a tolerable victory as, in the end, our client will succeed against him and others on the merits. This is a procedural technicality, this being a procedural hiatus, and nothing more,” Mr Scott continued. “We look forward to a hearing on the merits, and full vindication of the claim. In the end, this will be of little comfort to Captain Butler. While it would be true to say I do not like to lose, one has to put these things in perspective.” However, “comfort” is exactly what Captain Butler has taken from Justice Klein’s ruling. “I cried because the weight has been lifted,” he told Tribune Business. “It was surprising to me to see these allegations come out, and I just did not know for the longest.... I go to Andros on a trip, and come back and the hangar I built from the ground is locked up.” Captain Butler even asserted that the depth of his trauma even extended to the closure of his personal bank accounts, which went into overdraft after the banks were informed that Sky Bahamas owed substantial unpaid VAT, although how these were connected was not explained. “I justice trusted that the justice system would work and the truth would come out,” the Sky Bahamas’ principal said. “I didn’t have access to any of the [airline’s] accounts, and I was shocked at these
bogus claims. The judgment has proven the courts to work, and work for those poor people and aggrieved people.” Praising Michael Horton, his attorney, whom he has known for 30 years, for standing by him, Captain Butler added: “The damage this has done, or tried to do, to my family, my personal reputation. It has impacted my business relationships, everything in The Bahamas. “I knew there was no evidence to support any of these claims other than my name, Randy Larry Butler. I tell you, the effect on my family and a lot of people that trusted and worked with me, this has been a relief today for me, and I hope and pray this never happens to anybody else. “I couldn’t get a dollar for my family for food and school fees. They had me locked down in Andros and I couldn’t fly out. Had God not provided, I would have been a serious case.” The claims by Mr Kaiser that he was defrauded of $33.4m via sham loans triggered the resignation of Mr Turnquest as deputy prime minister and minister of finance, even though he was not named as a defendant in the original writ. Mr Turnquest, who like Captain Butler is vehemently denying the allegations in that document, was described as “a director and manager” of both Mr Kaiser’s companies, as well as “owning and/or controlling and/or managing” Sky Bahamas. Mr Kaiser is alleging that Captain Butler and Mr Turnquest engineered a
decade-long conspiracy that lasted until 2017 “to enrich themselves” by defrauding his companies while concealing their activities. The statement of claim, which has been seen by Tribune Business, alleges that the duo “dishonestly caused” Alpha Aviation and Advanced Aviation to “pay away” $20.68m and $5.917m, respectively, to Sky Bahamas via “some kind of bogus loans”. No particulars were given to describe how the scheme worked, although Mr Kaiser’s companies alleged that Mr Turnquest and Captain Butler then used “some 39 fraudulent invoices and/ or book entries, and for no adequate consideration”, to drain away some $3.8m paid by Alpha Aviation to Aviation Oversight Group via 39 separate cheque payments between February 2008 and July 2016. A further $3.026m was also alleged to have been siphoned off by the duo “as at December 31, 2017, to AOG Maintenance Ltd, a company that owned Sky Bahamas’ maintenance hangar at Lynden Pindling International Airport. Mr Kaiser and his companies, making it clear that they have come for the monies they believe are due and owing, are seeking a Supreme Court Order that an accounting be done to determine what is outstanding and that this money subsequently be paid to them. They believe their legal battle has not been derailed by Mr Klein’s verdict.
HOLIDAY DETERMINATION AIDS STAFF COST CONTROL FROM PAGE ONE Davis Cabinet had decided to maintain the status quo and not designate Tuesday, December 28, as a holiday. “Cabinet has decided not to change the holiday schedule,” he confirmed. “So Tuesday will not be a public holiday.” The BHTA chief responded: “It will allow persons to be able to roster in advance properly having had the clarity of which days are being recognised as
holidays. That’s extremely important. “Rostering determines the volumes of staff required, and inclusive of premium rates being paid, so labour costs on these holidays have to be monitored very, very closely. I think the same applies to retail, restaurants and businesses that are operate at the weekend.” With Christmas Day designated as a holiday on the 25th, despite falling on the weekend, and the Boxing
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Day holiday moved from the Sunday to the Monday, Mr Sands said the resort industry now knows which two days will require a “premium rate” of holiday pay. Peter Goudie, the Bahamas Chamber of Commerce and Employers Confederation’s (BCCEC) labour specialist, added of the December 28 decision: “That’s not going to affect businesses hardly at all. A lot of them will stay closed over the Christmas weekend, and be open in the week before the New Year. “That will have less impact. Christmas Day they’re going to be closed, and will open for the week. It’s not as major an impact as I thought. That’s good news.”
PAGE 6, Wednesday, December 15, 2021
THE TRIBUNE
‘GLARING DEFICIENCIES’: SKY CHIEF DEFEATS $33M RULING
FROM PAGE ONE
as a fourth defendant,” Mr Scott said when contacted by this newspaper. The ex-deputy prime minister, who stepped down from that post and as minister of finance when the allegations first surfaced in late 2020, did not respond to messages seeking comment last night. However, he has always vehemently denied Mr Kaiser’s claims against him, and rejected any notion of wrongdoing. Captain Butler, who yesterday said Justice Klein’s verdict had “lifted the weight” from him (see other article on Page 1B), has similarly refuted the allegations made against him. Mr Scott, though, labelled the ruling “a minor detail” that will not derail his client’s case. Justice Klein’s ruling arose from Captain Butler’s appeal against an April 22, 2021, ruling against himself and Sky Bahamas by Supreme Court deputy registrar, Carol Misiewicz, in which she entered a default judgment against them on Mr Kaiser’s behalf. She also rejected their argument that the former Sky Bahamas financier
needed to provide “further and better particulars” of the allegations against them so that they could file a proper defence to his claims. “The issues arise in the context of extremely serious allegations of dishonesty levelled against the defendants, in which the plaintiffs [Mr Kaiser and his companies] claim that the defendants and a third party engaged in a conspiracy over a period of nearly a decade to defraud them of over $33m,” Justice Klein noted. “In the main, the plaintiffs allege that the defendants and a third party, Kevin Peter Turnquest, who is identified in the statement of claim as a conspirator but not made defendant to the action, have engaged in fraud, conspiracy and breaches of fiduciary duties over the period 2008 to 2017. “It is said that these actions have caused the plaintiffs’ to dishonestly pay over to the defendants’ the sum of $33.423m. The plaintiffs claim compensation and damages for that loss, and seek other relief including a declaration on accounting and inquiries,
K PETER TURNQUEST as well as ‘compensation in equity’.” After being served with Mr Kaiser’s ‘statement of claim’ on November 19, 2020, Captain Butler and the two companies had until December 17 that year to file their defences. They obtained an extension until January 22, 2021, but - four days before that deadline was reached - demanded that Sky Bahamas’ financier provide more details to enable them to provide proper defences. This was rejected as a time-wasting tactic by Mr Scott, resulting in Captain Butler’s attorney, Michael Horton, filing a summons “for further and better particulars” on January 22. Three days later, Mr Kaiser’s attorney entered a judgment in default of defence, which was subsequently upheld by Ms Misiewicz. Justice Klein said she appeared to have rejected Captain Butler’s case for “further and better particulars” on the basis that this should not occur before a defence is produced. However, he found she was “clearly in error”
as the Supreme Court has the leeway to determine if more details are needed to enable defendants to properly plead - as required in this particular case. And, under the Supreme Court’s rules, plaintiffs must “plead the material facts” they are relying upon and outline their case “with sufficient clarity and particularity so that [their] opponent is not taken by surprise and knows exactly the case they have to meet at trial”. Describing Mr Kaiser’s case as “remarkably succinct”, Justice Klein said: “While brevity and conciseness of language are the hallmarks of good pleadings, there is only so much that can be sacrificed to attain economy. “Considering the seriousness of the allegations, and scale of the fraud alleged, the long span of time over which it is alleged to have occurred, and the individual and corporate defendants alleged to be involved, the pleadings may be thought rather threadbare. “It does not require a painstaking analysis to discern that the pleadings as
LEGAL NOTICE
FRED KAISER they stand fall far short of the mark in setting out a case of fraud and/or conspiracy. In the main, the allegations are simply that the conspirators ‘dishonestly caused’ various payments to be made to them over a period of time as ‘some form of bogus loan’,” Justice Klein added. “There are no facts, matters or circumstances pleaded to support the allegation that the defendants were dishonest (as opposed to, for example, merely negligent), or that the bogus loan (whatever that may mean) was procured or orchestrated by the defendants for then purpose of fraud, or that the defendants entering into such a transaction necessarily had a dishonest state of mind.” Justice Klein said Mr Kaiser’s case failed to outline “the nature and object of the conspiracy”, with the details of his fraud claims against both Captain Butler and Mr Turnquest lacking. “In fact, faced with the generality of the allegations and lack of particulars, the defendants may be thought less than vigilant in not having applied to have them struck out,” he said. Acknowledging that the legal battle was at an early stage, Justice Klein voiced surprise that Mr Turnquest had not been named as a defendant in the original action given the nature of the claims against him and the frequency with which he was named in the ‘statement of claim’. “It is striking that the named third party conspirator [the ex-deputy prime minister] is not made a defendant to this action,” he wrote. “Obviously this raises issues as to whether all the proper parties are before the court to enable
it to properly determine the issues..... “In my view, the pleadings are glaringly deficient and I conclude that the defendants would be embarrassed and prejudiced in attempting to plead them without the assistance of further and better particulars.” As a result, Justice Klein ordered that Mr Kaiser and his companies specify: * The dates when Mr Turnquest was a director/ manager of Mr Kaiser’s companies, and when he and Captain Butler owned, controlled and managed Sky Bahamas * The details on whether the first $20.68m advanced to Sky Bahamas was issued as a single sum, or in tranches; the dates the payment(s) were made; and the form this took * Whether the alleged loan was paid into a Bahamas bank account owned and managed by Sky Bahamas * The dates at which a further $5.917m was transferred to Sky Bahamas, and the origin of these transfers, plus an explanation for what is meant by “some kind of bogus loan * Details of the allegedly 39 fraudulent invoices paid to Sky Bahamas and Aviation Oversight between February 2008 and July 2016, and Captain Butler’s purported failure to ensure the companies kept financial records and books While this alone was sufficient to overturn the Supreme Court deputy registrar’s ruling, Justice Klein also ruled that she was wrong to refuse to set aside the default judgment. He dismissed Mr Scott’s argument that the judgment was “regularly entered” as “self-negating”, as the relief his client is seeking did not fit within the rules required for this. “If what Mr Scott argues were correct, it would mean that a plaintiff could assert against a defendant claims which fall under any ‘other claim’ - which requires an application to the court and then retrofit it at his convenience within one or other of the rules by simply abandoning ex post facto any other claim that did not fit that particular rule,” Justice Klein found. “This would run a horseand-carriage through the scheme set up under Order 19 for entering judgment in default of defence.”
LEGAL NOTICE
N O T I C E
N O T I C E
EXXONMOBIL EXPLORATION AND PRODUCTION GHANA (VENTURES) LIMITED
EXXONMOBIL EXPLORATION AND PRODUCTION GHANA (VENTURES) LIMITED
Creditors having debts or claims against the above-named Company are required to send particulars thereof to the undersigned c/o P.O. Box N-624, Nassau, Bahamas on or before 6th day of January, A.D., 2022. In default thereof they will be excluded from the benefit of any distribution made by the Liquidator. Dated the 15th day of December, A.D., 2021. Rebecca L. Wittrock Liquidator 22777 Springwoods Village Parkway Spring, Texas 77389 U.S.A.
N O T I C E IS HEREBY GIVEN as follows: (a) EXXONMOBIL EXPLORATION AND PRODUCTION GHANA (VENTURES) LIMITED is in dissolution under the provisions of the International Business Companies Act 2000. (b) The dissolution of the said Company commenced on the 10th day of December 2021 when its Articles of Dissolution were submitted to and registered by the Registrar General. (c) The Liquidator of the said Company is Rebecca L Wittrock, of 22777 Springwoods Village Parkway, Spring, Texas 77389, U.S.A. Dated the 15th day of December, A.D., 2021 HARRY B. SANDS, LOBOSKY MANAGEMENT CO. LTD. Registered Agent for the above-named Company
THE TRIBUNE
Wednesday, December 15, 2021, PAGE 7
CARNIVAL TRANSPARENCY NEED IS ‘QUITE OBVIOUS’
FROM PAGE ONE
approvals, as this would further strengthen scepticism that initiatives such as e-procurement will still be tainted by political favouritism. And Mr Aubry said the growing political back-andforth, amid revelations that the governing party - both FNM and PLP - may have benefited from a revenue/ profit sharing agreement with the Christmas Carnival going back three decades or more, “reinforces” the need for an independent ombudsman or Integrity Commission to be created to probe potential “maladministration”. Warning that unresolved concerns surrounding such situations again threaten to negatively impact The Bahamas’ international reputation and standing, the ORG chief said it could be a stumbling block to “attracting the right people” to invest in The Bahamas and drive reboot the economy post-COVID-19. Revelations surrounding the Christmas Carnival’s links to whichever political
party holds office, which emerged after the Ministry of Health and Wellness refused to grant permission for it to operate citing COVID concerns, suggest that Bahamians have for years effectively been unwitting participants in a political party fundraiser even though they may not support the governing group. “The need for transparency is quite obvious in this case,” Mr Aubry told Tribune Business. “The process behind it, as it starts to be unbundled, does not necessarily meet what I think is a general understanding of how good governance is executed. “Looking at this event, any event, regardless of whether it’s for a fundraiser it should follow the same process every vendor has to observe in writing to the Government, getting permits. Having access through a political party portal seems to be a bit left of above board.” Mr Aubry said it was vital that equal treatment apply across-the-board, and
that the Christmas Carnival go through the same processes, vetting standards and timelines as those that Bahamian and foreign businesses, plus non-profits, must comply with. The same benchmarks that are applied to the carnival should be the ones that the likes of Rotary clubs must meet. Questions have already been raised over the Ministry of Finance’s decision to waive the requirement for the Christmas Carnival to lodge a Customs bond, guaranteeing payment of all due tariffs and fees, in the October 28, 2021, letter sent to PLP secretary-general, Barbara Cartwright, approving the temporary importation of all needed equipment and trailers. “It screams two things,” Mr Aubry said. “We need far greater transparency and objectivity around this process. When we’ve talked about the new procurement laws, and being able to access government contracts, one of the big things we heard from small businesses is they feel decisions are made based on political favours, so they have less trust and are sceptical of the process.” Building the necessary trust, he added, becomes harder when disclosures such as those surrounding the Christmas Carnival are made. “It reinforces that political party affiliation has a different entry point
than anywhere else, and is easier than going through the established process,” Mr Aubry said. And with carnival-related concerns threatening to become a political football, with “one side of the aisle against the other”, he argued that it “reinforces the need for an independent mechanism to weed out conflict of interest issues and maladministration - whether it be an ombudsman or Integrity Commission - so where there are concerns the Government has not adhered to the rules there’s space for resolution.” Acknowledging that there are no campaign finance laws or restrictions on how political parties in The Bahamas raise funds, Mr Aubry reiterated that “there should be no advantage that is offered to a political party; they should follow the process as everyone else does”. He added: “Things like this affect our reputation. Particularly as we need to drive the economy, we need to focus on attracting the right people here. The Bahamas is a place to do things above board, doesn’t tolerate conflicts of interest here, and has the means to attract top-class folks not people who have come to get around doors.” Reuben Rahming, the FNM senator, provided further confirmation that both the PLP and the FNM have
NOTICE
PUBLIC NOTICE
INTENT TO CHANGE NAME BY DEED POLL The Public is hereby advised that I, CATHLYN RENALDO CLARKE of #333 Dominic Avenue, Freeport, Grand Bahama, intend to change my name to CALVIN RENALDO CLARKE. If there are any objections to this change of name by Deed Poll, you may write such objections to the Chief Passport Officer, P.O.Box N-742, Nassau, Bahamas no later than thirty (30) days after the date of publication of this notice.
NOTICE NOTICE is hereby given that ROSELINE DAU of Eneas Street P.O Box N-3756 Nassau, Bahamas, is applying to the Minister responsible for Nationality and Citizenship, for Registration Naturalization as a citizen of The Bahamas, and that any person who knows any reason why registration/naturalization should not be granted, should send a written and signed statement of the facts within twenty-eight days from the 8th day of December, 2021 to the Minister responsible for nationality and Citizenship, P.O. Box N-7147, Nassau, New Providence, The Bahamas.
NOTICE NOTICE is hereby given that SHUSHANNA CAREY of P. O. Box N-3719, Golden Sun Drive, New Providence, Bahamas is applying to the Minister responsible for Nationality and Citizenship, for Registration Naturalization as a citizen of The Bahamas, and that any person who knows any reason why registration/ naturalization should not be granted, should send a written and signed statement of the facts within twentyeight days from the 8th day of December, 2021 to the Minister responsible for nationality and Citizenship, P.O. Box N-7147, Nassau, New Providence, The Bahamas.
NOTICE NOTICE is hereby given that ANDREA AGATHA EUGENE of Fox Hill, Hanna Road, Nassau, Bahamas, is applying to the Minister responsible for Nationality and Citizenship, for Registration Naturalization as a citizen of The Bahamas, and that any person who knows any reason why registration/naturalization should not be granted, should send a written and signed statement of the facts within twenty-eight days from the 8th day of December, 2021 to the Minister responsible for nationality and Citizenship, P.O. Box N-7147, Nassau, New Providence, The Bahamas.
NOTICE is hereby given that ANGELO RENE of 2nd Street Grove, P.O. Box AP59223, Nassau, Bahamas, is applying to the Minister responsible for Nationality and Citizenship, for Registration Naturalization as a citizen of The Bahamas, and that any person who knows any reason why registration/naturalization should not be granted, should send a written and signed statement of the facts within twenty-eight days from the 15th day of December, 2021 to the Minister responsible for nationality and Citizenship, P.O. Box N-7147, Nassau, New Providence, The Bahamas.
used the carnival events as major fundraisers for their parties when in power. “The Carnival extravaganza started under the Sir Lynden Pindling administration and its current operator has been operating the carnival here for over 30 years,” Mr Rahming said. He explained that sponsorship of the carnival falls to the political party in power at that time. The standard contract agreement with the carnival is made with the party, and not the Government of The Bahamas, as reflected in the approval letters that have been submitted even though the Public Treasury currently needs every cent it can get. “As sponsor, the political party in this instance, which would be the Progressive Liberal Party, their duties and responsibilities are very, very clear. One, it is to apply for and obtain all necessary grants, permits, licences to enable operators to operate carnival, the carnival fair in New Providence and in Grand Bahama,” Mr Rahming said. “Another responsibility that is a part of the contractual agreement that will be made between a carnival and a political party in power is that it will include all immigration work permits and health permits. The job is also to obtain the Ministry of Finance approval for importation
of equipment and that includes even the wharf privileges for the off-loading of equipment for the carnival. “In short, there is absolutely no way that the carnival can operate in this country without the express and direct involvement of the sponsors, so I encourage us to take a look at this matter and address this matter in the public interest.” Zhivargo Laing, an exCabinet minister, confirmed that political parties have partnered with carnival operators to host the event in the past and have likely reaped substantial financial benefits for doing so. “The party in power tends to be involved and gets some financial benefit from it, that’s basically what I know,” Mr Laing said. “I thought (the financial benefit for a party) could be $200,000 plus, but I think it all depended on the economic circumstances of what they have in the projections of what carnival could do, but I have no definitive number on it... “It certainly doesn’t breach any law, and I don’t know what the ethical dilemma would be for something that would bring employment, engagement, business licences and other taxes that have to be paid as per the law, so what could be wrong with that?”
NOTICE NOTICE is hereby given that JACQUELIN ROBINSONNEILLY of #34 Trinidad Avenue & Tobago Cresent, Elizabeth Estate, Nassau, Bahamas, is applying to the Minister responsible for Nationality and Citizenship, for Registration Naturalization as a citizen of The Bahamas, and that any person who knows any reason why registration/naturalization should not be granted, should send a written and signed statement of the facts within twenty-eight days from the 6th day of December, 2021 to the Minister responsible for nationality and Citizenship, P.O. Box N-7147, Nassau, New Providence, The Bahamas.
THE TRIBUNE
Wednesday, December 15, 2021, PAGE 9
CHAMBER CHIEF’S FEAR ON MINIMUM WAGE ‘TIMING’ FROM PAGE ONE
where this money is going to come from. “There’s also this issue with a lot of trade unions pushing for an increase in the minimum wage. Again, when it comes to that, from the business standpoint we understand the side the unions are coming from where they feel an increase in the minimum wage is possibly overdue, and the current rate or number is out of line and needs to be raised. “We’re not in disagreement with that,” Mr Laroda added. “It’s the timing. A lot of the companies that
are going to be affected are the small and mediumsized businesses, which are the ones that are struggling now. “When you put them in a position of having to increase salaries, they have to do more with less people and keep their costs down. While they may pay an increased minimum wage, they may pay it to less people. There are some companies operating with minimal people to carry out their operational functions. “Those companies that cannot reduce any further may be forced to see if the economy improves and
they can carry this burden for a few months, or if it’s too much and they have to close their doors. All these things the Government will have to consider when looking at increasing the minimum wage at this point in time.” The National Tripartite Council will “definitely be looking” at a potential minimum wage increase, its vice-chair said earlier this month, after the Government requested that it study the matter. Peter Goudie, who represents employer interests on the body charged with addressing all
labour-related matters in The Bahamas, told Tribune Business that the Council will likely form a committee to research the minimum wage issue. The Progressive Liberal Party (PLP), in its election campaign manifesto, pledged to raise the private sector minimum wage by 19 percent - increasing it from $210 to $250 per week. “He’s asked us to take a look at it,” Mr Goudie said of the Prime Minister, “and we will take a look at it. “We haven’t formed a committee yet. That will happen when we have a National Tripartite Council
meeting to set the agenda for the next three years. We’ll definitely be looking at the minimum wage. That’s what they want. We will form a committee and do the research on it. “We’ll decide our priorities and go from there. We have to look at what we’re going to do tomorrow, what we’re going to do a year from now, that kind of stuff. We’re moving.” The minimum wage was last increased by 40 percent in 2015 by the former Christie administration, which took it from $150 per week to $210 per week in the
wake of Value-Added Tax’s (VAT) introduction. While another increase would raise incomes for the lowest wage earners in Bahamian society, and thus help to somewhat offset the impact of rising inflation on the most vulnerable families, a minimum wage hike can come with unintended consequences. For it increases employers’ marginal employment costs and, if raised too high, could disincentivise companies from hiring young, low-skilled labour at a time when the economy needs every job it can get in trying to recover from COVID-19.