The Tribune

EDITOR, The Tribune

Allow me space in your newspaper to address the recent issue of deprivation of access by Access Industries to Cabbage Beach of vendors, Bahamians and visitors alike.

From the time I was a child (more than 40 years ago), I have visited Cabbage Beach unabated and without hindrance. The beach is beautiful and back in the day was pristine.

Every and anyone could access Cabbage Beach via the pathway that is adjacent to what is now known as RIU. As a youth on early Sunday mornings you would see countless people either running along the sand, swimming in the water or simply just sitting there enjoying the scenic view. Just the other day the purported new owners of the land that comprises the pathway to the beach blocked it off and prevented access to the beach through that regular pathway. This “abrupt” action resulted in the chaos that ensued when persons removed the fence that prevented them access to the beach.

The melee that ensued should have been expected. Desperate Bahamians with limited skills were being prevented from plying their wares and working in the only vocation they knew. These folk, in their enthusiasm, who removed the fence were addressed by the police. From the clip that has been circulating on social media it is pellucid that one particular officer went outside the scope of his authority in assaulting one protester in his face.

The fence has been torn down. The vendors and others have access to the beach again, but for how long? It has been reported that the last minute Mr Christie’s plea for access to the beach was acquiesced to by Access. What is of particular interest is the purported manner in which Access has come to own the land immediately adjacent to the east of RIU.

It is reported that this land was sold by Atlantis/Brookfield to Access along with the easement/right of way along with some owner arrangement.

Firstly, the pathway alongside RIU has been a pathway for egress and ingress to and from Cabbage Beach from time. The question arises whether the pathway created an easement or automatic right of way for the public. We submit, whether easement or right of way, it is attached to the land and “runs” with the land. Simply put, any sale of that land would automatically carry along with it the easement or right of way to the beach. Meaning that when it is bought by a purchaser he/she purchases the land with the right of way/easement attached to it.

Secondly, the sale of land to foreign entities is governed by the Investment Board, which is chaired by the Prime Minister and such ministers as he may wish to appoint. Before a foreign purchaser can complete his purchase he will either get from the Investment Board a certificate or a permit, depending on the size of the land he purchases before his conveyance is recorded.

So it is safe to assume that the government, particularly the Prime Minister, knew of the sale to Access and would have obviously been aware of the access by the public to Cabbage Beach via the pathway alongside RIU.

So, one must ask why did the government allow this matter to come to a head? Were they hoping that the Bahamian people would just accept the closure and move on? Or were they expecting the public to put their hands in the air and say, “ok walk all over us, why don’t you?”

Needless to say the Bahamian people refused to be taken advantage of in this matter. This and other issues of grave importance are causing our once laid back and docile people to come forward and be counted.

My view is that litigation will undoubtedly ensue from this matter and the courts will firmly and soundly resolve the disputes between Access and access by the Bahamian people to Cabbage Beach.

This is just the beginning of more to come.

RAYMOND A ROLLE

Nassau,

March 7, 2016.