The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

Blackbeard’s Cay’s developer yesterday warned that the legal action challenging the project’s permits could jeopardise “over 100 jobs” and its $8 million investment, plus send a bad message to other investors.

Samir Andrawos, the principal behind Blue Illusions Ltd, was taken aback when informed by Tribune Business that the Supreme Court had given the environmental group, ReEarth, permission to bring Judicial Review proceedings challenging the permits/approvals he had received from the Government.

Pledging that he and his attorney, Charles Mackay, would defend Blue Illusions’ interest “the best we can”, Mr Andrawos said ReEarth’s move had created “a lot to be concerned about”.

The environmental group, in particular, is challenging the permit that allowed the attraction, located off New Providence’s coast opposite Sandals Royal Bahamian Resort & Spa, to import eight dolphins into the Bahamas.

Mr Andrawos, though, explained that he had effectively ‘inherited’ this licence from Blackbeard’s Cay’s former Bahamian ownership group, and had merely been “grandfathered” in.

The businessman, originally from St Maarten, said he would not have taken over the attraction and invested in the Bahamas if he had to obtain the dolphin permit himself.

Expressing bewilderment as to why ReEarth would mount its Judicial Review challenge, Mr Andrawos indicated he was concerned both for his $8 million investment and “over 100” staff.

“This is not good. If this is how they are treating new investors, this is not good,” he told Tribune Business. “For every investor coming to the Bahamas, it’s not looking good.

“The Bahamas is a beautiful place, has beautiful people, and the level of the people’s education is higher than anywhere else.”

Hinting that sinister motives may be behind ReEarth’s action, Mr Andrawos added: “Sometimes you have to ask yourself what is going on. [Perhaps] there is some hidden reason.”

His discomfit was in stark contrast to ReEarth founder Sam Duncombe, who told Tribune Business she was “in heaven” after Justice Stephen Isaacs granted the organisation leave to bring Judicial Review proceedings against the Government.

The Supreme Court judge also ordered the four government defendants - Prime Minister Perry Christie; V Alfred Gray, minister of agriculture and fisheries; Michael Braynen, director of fisheries and marine resources; and the Town Planning Committee - to make full disclosure of all permit, licence, lease and approval applications by Blue Illusions, and what they had granted in return.

And Justice Isaacs also ordered that a speedy trial on the merits of the case take place.

Blue Illusions has not been named as a respondent in the case, as environmental activists adopt new tactics to prevent Judicial Review actions being bogged down in interlocutory applications/strike out attempts by both the Government and developers.

This has often resulted in Judicial Review actions being resolved only when the developments they are challenging have effectively been completed, rendering them a nullity and ineffectual.

Such a scenario has occurred in the cases involving Baker’s Bay and BEC’s Wilson City power plant, plus the actions brought over Nygard Cay and, most recently, Resorts World’s Bimini project.

This is why ReEarth and its attorneys, Callenders & Co, have decided against applying for an injunction to halt work at Blackbeard’s Cay, as such a move gives the developer/Government a chance to hold it up in the courts.

“I’m looking forward to moving forward and getting this issue resolved once and for all,” Ms Duncombe told Tribune Business. “We’ve been fighting this issue for 24 years, dolphins in captivity, and whatever law we have to take to make people understand how important this is, is fine with me.”

She added: “I’m just thrilled at this point, and we at least have our foot in the door and can push our way through the oncoming battles we’re going to face.

“We feel we’ve done our homework, and are prepared to move forward. We’re in heaven today. It’s great to have got to this point.”

Mr Andrawos, not surprisingly, was somewhat less than thrilled when contacted on the matter by Tribune Business.

“I know nothing about this; it’s the first time I’m hearing about it. It is what it is. When we get notified about it, our lawyers will defend it,” he told this newspaper.

“There is a lot to be concerned about when we come here with an understanding over certain terms and conditions.”

He added that Blue Illusions had merely inherited the dolphin attraction licence granted to Blackbeard’s Cay’s previous Bahamian owners who, while operating stingray pens, had been unable to afford to bring in live dolphins.

“As far as I’m concerned, everything has been authorised,” Mr Andrawos said. “That licence was given to the previous developer, and we were grandfathered in.

“There was a 10-15 year permit to bring in dolphins. It wasn’t a new thing that was granted to me. When we acquired the property, the Government grandfathered the permit in. Everything was here; I just cleaned it up and brought in more modern conditions.”

Speaking to ReEarth’s legal action generally, Mr Andrawos added: “I don’t understand. When the Government grants something, everything is final. A permit is a permit. Maybe I don’t understand the Bahamas.

“They [the Government] were kind enough to send quite a few inspectors here, and they saw we were a compliant entity. Whatever we were asked to comply with we implemented, and it wasn’t an easy process.”

The Blackbeard’s Cay project had come under fire early on from Bay Street-based retailers and other merchants, who feared it was being designed as an Atlantis-style Marina Village destination that Carnival would take all its cruise passengers to, denying them business.

Mr Andrawos alluded to this, describing himself as “low key” and not owning a single shop on Blackbeard’s Cay,. “not even a t-shirt shop”.

“We thought the permits were in place and moved forward. No more, no less,” he told this newspaper.

Blackbeard’s Cay’s former Bahamian shareholders include Insurance Management chief, Cedric Saunders; Spanish Wells community leader, Abner Pinder; and well-known media owner, Charles Carter.