Dredging work in Bimini.
By RASHAD ROLLE
Tribune Staff Reporter
rrolle@tribunemedia.net
THE Court of Appeal rejected the Bimini Blue Coalition’s appeal against the Supreme Court’s decision to discharge the Privy Council’s injunction on dredging activities last week Thursday, prompting the environmental group to now seek an appeal before the Privy Council in London.
By a two to one decision, the Court of Appeal upheld the decision of Grand Bahama Supreme Court Senior Justice Hartman Longley on the grounds that a permit the Resorts World Bimini developer recently obtained under the Conservation and Protection of the Physical Landscape of the Bahamas Act (CPPLBA) could be relied upon as valid.
Meanwhile, the BBC has renewed concerns over the effectiveness of the safeguards put in place to protect North Bimini’s marine environment while dredging takes place.
“BBC is desperately trying to get an urgent hearing before the Privy Council to stop the dredging until the hearing of BBC’s appeal,” lawyer Fred Smith told The Tribune yesterday. “The Court of Appeal dismissed BBC’s appeal against the Supreme Court’s discharge of the Privy Council injunction and we’re waiting for the written approvals from the Court of Appeal.
“The BBC got permission to appeal the decision from the Court of Appeal and we filed an appeal in London on Friday but we were unable to get before the court and make a conservatory application. BBC’s barristers were trying to appear before the Privy Council today but the developers and the government attorneys were not available on short notice.”
Mr Smith added that “this is the same problem we faced in the Court of Appeal last Monday in the Bahamas when BBC was ready to have its stay application heard but developers and the government attorneys said they didn’t have the chance to review our paperwork.
“Dredging has been going on daily,” he said. “That is the big problem that BBC faces.”
Mr Smith released aerial photos to The Tribune which he said shows silt spreading past silt curtains.
He said two popular diving sites in the area, Three sisters and the Road to Atlantis “are completely clouded” because of the dredging.
“We’ve written to the Antiquities and Monuments Commission because the Road to Atlantis has archaeological and historical significance to the Bahamas. There are those that believe that the fabled Atlantis was near Bimini. Overall, It shows complete collapse of the rule of law when a case is so contested before the courts and neither the foreign developers nor our own government would not stop dredging. The refusal of the developer to put the dredging on hold while the Court decides the case is simply uncivilized and disrespectful.”
Mr Smith also voiced concerns about the impact the dredging will have on nearby mangroves and fishing grounds.
A response from Resorts World Bimini was not available up to press time.
Comments
birdiestrachan 10 years, 5 months ago
It is to bad that Fred Smith did not have this same concern when the dredging was done . for the new container port at Saunders beach or the dredging in the Exuma Sea Park.. Fred Smith loves attention,. He could not care less about Bimini or its people. who ever choose to follow Fred Smith to bad for them, It is all about Fred..
BiminiHomeowner 10 years, 5 months ago
Fred Smith is fighting to make sure that the communities of the Family Islands are in control of their own future. He's doing more to protect everyday Bahamians than anyone in the PLP or FNM right now.
dahasamo 10 years, 5 months ago
It must be something in the water that causes persons to launch personal attacks if they disagree with a stance or position. Thank God for Fred Smith and his determination to fight for the protection of our environment. I wish he could be cloned.
DillyTree 10 years, 5 months ago
When Crazy and Birdie have no more conch, crab or grouper to eat and their land is barren of fish and clear waters, let's see how loudly they holler. Anyone with just a little foresight can see the writing on the wall for the future of our beloved country if people like Fred Smith don't speak up and keep fighting to make sure there is something left for our children and grandchildren. It's a shame we have to battle our own greedy, ignorant and shortsighted people in addition to the foreign developers.
Drea1 10 years, 5 months ago
So because there have been other environmental wrongs done we should not try to prevent this one? And persons who speak out against this wrong are political slaves. Let me ask, what did you do to prevent the wrongs done in the past - for those boat owners that you are so passionate about? I'm going to guess you did nothing but deride those who actually are trying to make a difference. You claim to love The Bahamas rory, but it's clear you really love having a platform to call people slaves and to tell them to pick cotton when they disagree with you, without impunity.
B_I_D___ 10 years, 5 months ago
At this point in the game,whether you are for or against the Privy Council...traitors or not...I will take ANY opportunities to bring a halt to dredging. With that being said...I think there is so much damage done at this point, it's pretty much irreversible, and I think that is what they were aiming to do...make such a bloody mess of it as quickly as possible, so when the courts finally figure it out, it's not going to make a difference if they stop or not. Very sad.
proudloudandfnm 10 years, 5 months ago
Can I call General Crazy ass a waste of sperm on this site?
DillyTree 10 years, 5 months ago
"The most dangerous man, to any government, is the man who is able to think things out for himself without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane and intolerable, and so, if he is romantic, he tries to change it. And even if he is not romantic personally he is apt to spread discontent among those who are." H.L. Mencken
And as for my being the party line -- I echo BID's thoughts in that I really don't give a damn how the dredging is stopped, just that it is stopped. Why does everything in this country have to be about politics? This is about us being Bahamians and protecting ourselves from the insanity of government. Maybe that's what made General Crazy crazy in the first place.....
DillyTree 10 years, 5 months ago
Only a fool changes the conversation and goes on the attack -- especially when they can't speak intelligently to the issues. Stick to the issue at hand. Educate yourself on the issues instead of attacking everyone who doesn't agree with your narrowminded views. We may not all agree on the same things, but there is a way of having an intelligent and respectful debate on the matter. Clearly, you are unable to do so. That IS sad.
Tarzan 10 years, 5 months ago
At the risk of repeating other sensible comments, what is it with this country? I honestly believe that if someone credible were to tell us that tomorrow we will all die as the result of some pending calamity due to government inaction, the same old commentators would write endless diatribes - not about the need for the serving government to take action - but about how the "other party" did the same or worse.
To quote Hilary Clinton: "What difference does it make!" what the other party did or did not do? This is about what is happening NOW and about something that what once done, will NEVER be repairable! At the risk of repeating myself, What is wrong with this country?
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