The Tribune

By NEIL HARTNELL Tribune Business Editor A LEADING QC told homeowners embroiled in an ongoing battle with the developers of their $52 million project to "seek their pound of flesh in the appropriate abattoir", rather than trouble Prime Minister Hubert Ingraham with tales of their concerns. A November 16, 2011, letter sent by John Henry Bostwick QC to Andrew O'Brien, the Glinton, Sweeting & O'Brien partner who represents 14 Oceania Heights lot owners in their battle with the project's developers, Nassau-based attorney Anthony Thompson and Canadian citizens, Howard and Donna Obront, blasted the homeowners for their "impertinence" in writing to the Prime Minister just over a week before. "Is there no limit to you and your clients' impertinence, arrogance and ignorance?" Mr Bostwick thundered in his letter, a copy of which has been obtained by Tribune Business. "How dare you address the Prime Minister seeking his executive intervention in what is clearly a civil dispute between contending parties? "Hopefully, you will receive the resounding silence which your letter merits. Your clients need to continue to seek their pound of flesh in the appropriate abattoir....... Leave the chief executive out of this - shame on you." The group of Oceania residents who have been battling with Mr Bostwick's clients, the Obronts and Mr Thompson for more than two years, are alleging that title documents and conveyancings have not been provided to them despite paying for their properties in full, and that Stamp Duty due to the Public Treasury has not been paid. Yet the Obronts and Mr Thompson have denied this, and are accusing the 'small minority' residents group of pursuing "smear campaign" against them in a bid to seize control of the development and force them out. They are also questioning why, if the Oceania residents have such a strong case, they have not taken their complaints to the Supreme Court via a civil action. Reiterating the view of himself and his clients that the residents' complaint against them was purely civil in nature, Mr Bostwick warned in his November 16, 2011, letter that they should not treat the Attorney General's Office and Royal Bahamas Police Force as their "minions". "Despite your ludicrous insinuations, we are confident that if the authorities were of the view that this was anything other than a civil dispute, then they would have acted accordingly," Mr Bostwick wrote. Predictably, Mr O'Brien was unimpressed. In his November 21, 2011, response to Mr Bostwick, he wrote: "The rudeness of your letter is exceeded only by the paucity of its substance........ Your bellowing that the conflict is merely a civil matter will not change the numerous facts that indicate otherwise...... "We trust that our Prime Minister is fully capable of assessing whether this matter requires his attention without your misinformed conclusions. As this matter involves, inter alia, the collection of public revenues, the protection of foreign investors and the reputation of the Bahamas as a safe jurisdiction in which to invest, we are confident the appropriate actions will be taken." The Obronts on Monday told Tribune Business that the police investigation into Oceania Heights, initiated by their homeowner opponents, was "hanging over our heads like the sword of Damocles", and was being used as leverage to force them to settlement. This newspaper has also obtained an earlier letter written by Mr Bostwick, dated June 28, 2011, to Sergeant Freeman Johnson, the main Criminal Detective Unit (CDU) investigating officer on the Oceanian Heights matter, in which he effectively urges the police to 'back off'. "In reading through voluminous correspondence between the parties I take special note that you have been copied, and that you have intervened in their dispute prematurely," Mr Bostwick told Sergeant Johnson. "More so, you have intruded upon a matter which does not concern the police. "The Flemings and their attorneys have done the same with the Bar Association. They not only use the wrong battlefields, they also seek to get other institutions to fight their civil wars. These complainants would be better advised to take their complaints before the Supreme Court of the Bahamas, or do they not trust our courts?" Mr Bostwick continued: "The police ought not to allow themselves to be bullied, coerced nor tricked into being used by one side or the other while parties continue to seek resolution of their civil dispute. "As the parties continue to wrangle with each other, it behooves the police to stand by should their authority/intervention become necessary. In my humble opinion, we are far from that. Please make room in order to allow the interested parties to govern themselves accordingly and in the appropriate forum." Noting that they had retained Henry Bostwick, QC, to handle this angle for them, the Obronts told Tribune Business in their earlier response: "Regrettably, Messrs O'Brien's clients successfully persuaded the Royal Bahamas Police Force that the civil matters in contention between them and ourselves, and the matter that is currently en route to the Privy Council, are not only civil in nature but have criminal elements. "This has resulted in investigations, arrests........ The matters in dispute are not criminal in nature, but are continuing civil disputes. We have made representations to the Attorney General and to the Police requesting them to investigate the matter, and to prevent any further involvement by the police in these civil disputes....... "In our view, Mr O'Brien's clients are attempting to use the Royal Bahamas Police Force as leverage to pressure us into resolving the civil disputes favourably to [themselves]. The arrests, threats of arrests, threats of charging and criminal prosecutions hang like swords of Damocles over us." Tribune Business was also yesterday informed that around 80 lots, worth $52 million, had been sold at Exuma-based Oceania Heights.