The Tribune

By RASHAD ROLLE

Tribune Senior Reporter

rrolle@tribunemedia.net

A SUPREME Court hearing on an application for judicial review of Bahamas Petroleum Company’s exploratory oil drilling was adjourned yesterday after lawyer Fred Smith highlighted the lingering effects he experiences following a paragliding accident in Italy last year.

Justice Petra Hanna-Weekes will today hear arguments on whether to implement a stay of drilling, whether to permit applicants to amend their application for leave to initiate judicial review proceedings and, potentially, the substantive application for leave.

“I have suffered some severe injuries in my accident last year and when I don’t get sleep and a lot of stress I am in a lot of distracting pain, so I’m suggesting your honour that in the interest of having a smooth hearing and with all of my colleagues having an opportunity to consider all of the papers and me being in a better position, your honour, to represent my clients so that all of those applications can be heard (today) or Thursday,” Mr Smith, QC, said.

Lead counsel for the respondents, Aiden Casey, QC, did not object to Mr Smith’s request.

However, BPC’s lawyer, Clare Montgomery, QC, expressed concern that the adjournment would be used so applicants could file more papers. She requested that Justice Weekes “draw a line” and prevent Mr Smith from filling further documents.

“This isn’t a trick that I am intending to pull off so that I can have more time to file the documents,” Mr Smith said. “I have spent a considerable amount of time over the weekend and I have been providing all of my colleagues and the court with everything that I have been intending on relying on thus far. I am not trying to take advantage of this and I would object to Ms Montgomery’s attempt to draw a line.”

Mr Smith said lawyers are capable of filing documents and that the adjournment should be allowed without conditions.

“I do not intend to be imprisoned as suggested by Ms Montgomery,” he said.

BPC is not a party to the application.

In amending the application for leave, the applicants want to add the Town Planning Authority as a respondent to the application.

Mr Smith is acting on behalf of Our Islands, Our Future group and Waterkeeper Bahamas.

Environmental activists want to quash Environment Minister Romauld Ferreira’s decision granting environmental approvals to BPC in February. BPC began drilling its exploratory oil on December 20.

Simon Potter, BPC CEO, said in a press release: “We are very pleased to announce that the drilling of the exploratory well, Perseverance #1 has commenced – the well has been spud. This is a momentous milestone for both BPC and the Bahamas and represents the culmination of more than ten years work by a team who have remained steadfast in their belief in this project throughout – that it is finally taking place is a testament to the application, skill and professionalism of many people over those years.

“The well will be drilled to the highest environmental and safety standards over the next 45 - 60 days. Our shareholders have been extremely patient, but we are now within a couple of months of understanding the scale of potential resource uplift that might be accessed within the licences: a potential uplift that is the traditional domain of the ‘oil majors’.”