The Tribune

By RASHAD ROLLE

Tribune Senior Reporter

rrolle@tribunemedia.net

BJORN Ferguson, the newly retained lawyer for carnival operator McCafferty Enterprises, suggested yesterday his client would seek judicial review proceedings in the Supreme Court if his application to host the Christmas Carnival event is not granted approval.

In a statement over the weekend, the carnival’s operators confirmed they have reapplied to host the event after the Ministry of Health denied them approval last week.

Asked yesterday what he will do if the ministry again rejects the application, Mr Ferguson said: “I’ll take further instructions, but obviously it’s a public law matter and it falls under judicial review. We’ll have the courts review the decision... and to our minds we have satisfied what is required as per law and so we will allow the body to reconsider the application and then we will go from there.”

In rejecting the initial application, the Ministry of Health said the operator failed to respond to its emails or answer its calls, among other things. Health officials also had concerns about social distancing and the fact that children under 12, who cannot get COVID-19 vaccines, would be a “vulnerable” group attending the event.

Mr Ferguson said he has since ensured officials that all the ministry’s concerns are addressed.

“The document we’ve submitted is very comprehensive,” he said. “We went above and beyond and put together real protocols for them to consider. You have a situation where a public body has now been formed through the Health Services Rules. They’ve basically brought in this new regulatory regime where businesses and any events, they must apply to the advisory committee of the Ministry of Health for approvals.

“(The operator) submitted some documents of his own. He’s connected to The Bahamas for over 30 years, he has a Bahamian company and so he just thought, I guess, everything is as normal, he didn’t have an attorney initially. I don’t think the ministry properly considered (his application) in any event because you can’t give a decision on it unless you come and do physical site inspections and all of that, those things did not happen. They just basically denied it on the face of the documents. Even if we wanted to challenge that in court I think we would be successful on that because it wasn’t properly considered.

“Having regard for the Health Services Rules, rule 25 in particular that addresses businesses, we have gone out over the weekend and we have basically developed a protocol document, a very extensive document. He has been operating in the US and in compliance with all the CDC requirements and everything so we’ve basically taken some of those requirements and also added the Bahamian requirements and I don’t see how they could not grant approval to the carnival. We want to make sure we are in compliance with everything under this regulatory framework. We’ve done everything that they’ve asked for now.”

In its statement, McCafferty Enterprises said if its new request is denied, the company will lose a substantial investment.

“The amusement park did not come to The Bahamas last year as the country was not open for business,” the statement noted. “McCafferty’s amusement park has been providing entertainment and employment for Bahamians for more than 30 years. The park employs about 1,000 Bahamians. If approved to open, the carnival will remain in the country until January 25. The amusement park has brought new rides, inclusive of the largest roller coaster that The Bahamas has ever seen. If denied, McCafferty’s substantial investment will go down the drain.”