The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

Homeowners at the controversial Oceania Heights development have identified 16 purchasers who have questions over whether their Stamp Duty payments were remitted to the Public Treasury.

Further correspondence seen by Tribune Business, as momentum builds for a meeting between the project’s developers and the disgruntled homeowners group, also alleges that the latter have filed 10 separate complaints with the Royal Bahamas Police Force (RBPF) over the dispute.

Dr Terry Swaine, in an e-mail late last week to Pedro Rolle, the Exuma Chamber of Commerce president, suggested January 10, 2013, as the date for the meeting between the homeowners and the developers, Canadian citizen Howard Obront and Bahamian attorney Anthony Thompson.

He suggested that the venue should be the Criminal Detective Unit (CDU) headquarters in Nassau, and said the Oceania Heights homeowners were “anxious to show our hand”.

And Dr Swaine said he had also yet to receive a reply from Anthony Moss, the Exuma MP, despite writing to him three times about the Oceania Heights situation.

Dr Swaine wrote: “I have taken the opportunity to communicate with the many Oceania Heights owners who believe they have legitimate grievances. It is our intention to provide all of the meeting participants a description of grievances 48 hours prior to the meeting, in an attempt to have the meeting become the most productive as possible.

“The reason that we have asked for a Ministry of Finance attendee is the number of concerns with payment of Stamp Duty. We have identified 16 individuals that have paid Stamp Duty, which we believe have not been remitted to the Government.

“Due to the lack of transparency with the records at the Ministry of Finance, we have been informed that none of the 16 payments have been provided to the Government. The other 10 filed Police Complaints will be described in detail.”

The Stamp Duty relates to what was payable to the Public Treasury on lot sales at Oceania Heights. Several homeowners have alleged that these payments, which they gave to Mr Thompson, were not forwarded to the Treasury.

Mr Thompson and his developer partners have vehemently denied this, but Tribune Business has obtained documents showing that the Bahamas Bar Association’s ethics committee recommended forwarding a complaint by Oceania Heights homeowners, Chris and Jane Bain, to the Bar’s discliplinary conmmittee for further action. The basis of the Bains’ complaint was that they had paid the required Stamp Duty to Mr Thompson, but this sum had not been forwarded to the Public Treasury.

Among the complaints previously advanced by several Oceania Heights homeowners are difficulties with obtaining title documents to their properties. Other alleged grievances are that Mr Thompson, while representing both purchaser and vendor (the Oceania Group of Companies) in the real estate transaction, did not pre-disclose that he had a beneficial ownership interest in the development.

Messrs Obront and Thompson have repeatedly denied all this. While confirming previously that there was a police investigation into Oceania Heights at the homeowners’ behest, they argued that the police were being used to force them into agreeing an unfavourable settlement.

In his e-mail to the Exuma Chamber of Commerce president, Dr Swaine said Sergeant Jennifer Bowe, who was involved with the police investigation into Oceania, had backed a face-to-face meeting between developers and homeowners in a bid to resolve the dispute.

Suggesting that a Nassau venue would be convenient for both Mr Thompson and Phillip Minnis, the president of Oceania Heights Properties, Dr Swaine said the homeowners “strongly feel” that no attorneys should be at the meeting other than Mr Thompson, as this “would be counterproductive.”

“I apologise for continually imposing on you,” Dr Swaine told Mr Rolle. “However, with the large number of people who want to attend the meeting, the earlier that we could confirm the dates, the better. This will be an opportunity to have all aspects of this situation aired out to all members of the community. “The meeting will provide the forum for Mr Thompson and Mr Obront to demonstrate that they are truly innocent, as they claim. They should have no problem with an open meeting. Speaking for the Oceania Home and lot owners, we are anxious to show our hand.

“I would also suggest that Anthony Moss, the MP for Exuma, attend. I have made him aware of the problems at Oceania three times by e-mail but he has not responded. It would behoove him and his constituents to have this problem resolved as soon as possible, for the well being of the Exumian economy.”

Dr Swaine was backed by Mark Aaberg, who together with his father is another Oceania Heights homeowner. He told Mr Rolle: “Our family absolutely supports a meeting aimed at a productive, equitable outcome regarding matters at Oceania Heights.

“We support participation by the principals of Oceania, Attorney General’s Office, Ministry of Finance, the Ministry of Investments and yourself. I would even support government officials from the United States and Canada being at the meeting.”

Mr Aaberg added: “As we have seen, the prolonged delay in this matter is hurting all the parties involved and the Bahamas as a whole. Without a serious dialogue to solve this problem, I feel and know the pain will get worse for all parties. Our family will not let this die without an equitable solution.”

Mr Aaberg disputed the assertion by Fred Smith QC, the attorney for Oceania Heights, that just one homeowner, Chris Fleming, was leading the dispute and stirring up trouble.

“I know that statement is completely false, since I have seen several police complaints and talked with numerous other parties regarding Oceania,” Mr Aaberg added. “Even though we are not as vocal as Mr Fleming, we exist and will continue the battle until an equitable solution is rendered.

“I am currently working with United States Congressmen, the FBI, and am building an Internet website to better communicate and inform people about our experience with Oceania and the authorities within the Bahamas.

“As you have seen, others have worked with the Canadian government. Their support of our situations truly identifies a problem exists. None of us will win with this attitude,so definitely schedule a meeting as soon as possible.”