The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

Opponents of Bimini’s controversial cruise ship dock are urging the Court of Appeal to prod the developers into disclosing whether they have obtained the necessary dredging permits, following the arrival of a massive dredger off the island’s coast.

Gail Woon, the Earthcare head and Bimini Blue Coalition member, alleged that given Resorts World Bimini’s previous undertaking to the court not to dredge without the relevant permits, its attorneys were “duty bound” as officers of the court to disclose whether the relevant permits have been granted.

“Otherwise, the developers’ undertaking is meaningless,” Ms Woon alleged. “I therefore beg the court to invite counsel for the developers to act accordingly.”

To-date, Resorts World Bimini’s attorney, John Wilson, partner at McKinney, Bancroft & Hughes, has steadfastly refused to confirm whether his clients have received dredging permits.

In response to requests by Fred Smith QC, the attorney for the Coalition, that Resorts World Bimini promise not to conduct any construction operations at the project site while matters were before the courts, Mr Wilson said he was “unable to accede” to this request as these issues were not the subject of the Court of Appeal action.

Then, following Mr Smith’s April 30, 2014, request that he confirm “as a matter of urgency” whether dredging permits have been granted, as the Coalition was not consulted, Mr Wilson gave a more terse response the same day.

He replied: “My undertaking to the Court of Appeal was clear; our clients will obey the laws of the Bahamas to which they are subject, and will not commence any dredging without the relevant approvals.

“Our clients owe no obligation to your client or to any third party to keep them abreast of its business activities, and I have no instructions to assume such obligations on their behalf.

“Consistent with our clients’ law-abiding stature, I assume that they will commence dredging at their discretion once approvals are in hand.”

Nor has any permitting information been disclosed by the Government, with works notices posted in Bimini stating that the Niccolo Machiavelli will be dredging for a period of two months that started on April 28.

The work notice emphasised that “no visitors, tourists, leisure crafts, commercial crafts, divers and fishermen” will be allowed to enter the large designated work area off Bimini’s north coast, meaning that Biminites and tourists alike will be denied access to some of the island’s top dive and fishing sites. Water turbidity will also be an issue.

And the outbound passage for boats leaving from the marinas at Bimini Bay, Big Game, Alice Town, Big John, Duncombe’s Yacht Club and Bimini Sands will also be affected.