Former Attorney General Allyson Maynard-Gibson.
By NEIL HARTNELL
Tribune Business Editor
nhartnell@tribunemedia.net
The Attorney-General has expressed the Government’s “profound gratitude” to Baha Mar’s contractor for its role in attempting to resolve the dispute over the $3.5 billion project, implying that some progress had been made at last week’s Beijing talks.
Senator Allyson Maynard-Gibson, in a July 17 letter to China State Construction Engineering Corporation’s top executives, praised the company’s “essential contributions” at the “marathon meetings” between all parties to the dispute.
She added that the Beijing meetings had “helped to define the issues” separating Baha Mar, as developer, from its Chinese partners - the contractor as well as its debt financier, the China Export-Import Bank.
“On behalf of the Government of the Commonwealth of the Bahamas, I want to convey our sincerest thanks for your personal participation and China State Construction Engineering Corporation’s essential contributions to this week’s marathon meetings in Beijing,” Mrs Maynard-Gibson wrote on Friday, just days after she returned from leading the Government team participating in the Beijing talks.
The letter, written to Guan Qing, the contractor’s chairman, and Chen Guocai, its vice-president, added: “While the meetings did not produce any agreement, they helped define the issues, and they confirmed our shared interest in resolving them quickly - and consensually - if possible.”
Mrs Maynard-Gibson’s letter was among documents filed yesterday with the Delaware Bankruptcy Court by China State Construction Engineering Corporation’s US affiliate to support its arguments to dismiss Baha Mar’s Chapter 11 case.
It is unlikely, though, that Mrs Maynard-Gibson or the Government will have contemplated the possibility of, or wanted, her letter to the contractor’s top executives to be enter the public domain via the courts.
The timing of its release is especially unfortunate for the Government. For the contents are likely to be seized on by observers who believe that the Government is working with, and in cahoots with, the Beijing government and Baha Mar’s Chinese partners in seeking to resolve the dispute over the $3.5 billion project by ousting majority shareholders, the Izmirlian family.
There is nothing in the July 17 letter that can be described as ‘a smoking gun’ which proves this assertion, but it may add to suspicions harboured by Baha Mar and its principal, Sarkis Izmirlian, that the Government has ‘ganged up’ against him.
For Mrs Maynard-Gibson also helpfully attached the Government’s Baha Mar winding-up petition and associated summons in her July 17 letter to the China State Construction Engineering Corporation executives.
Given that Mr Izmirlian had not seen these documents himself on Friday, it is likely that the contractor saw the winding-up petition before he did.
“How can the Attorney-General write to any of the parties in the potential liquidation,” one liquidation expert, speaking on condition of anonymity, told Tribune Business. “If I was Izmirlian, I would feel I have no chance.
“Attorney-General, don’t write that kind of letter to one of the parties if you want to be seen as impartial.”
Mrs Maynard-Gibson was at pains to ensure the Chinese contractor did not “misunderstand” the intent behind the Government’s winding-up petition, underlining the word ‘not’ in emphasising that the move did not mean the Baha Mar companies - and the entire project - would be liquidated.
She explained that the intent behind appointing provisional liquidators, who would work for the Supreme Court, was to restructure Baha Mar by working with its main stakeholders.
“Both prior to and subsequent to the filing of the Chapter 11 proceedings, the major stakeholders, including China State Construction Engineering Corporation, have made strenuous efforts to develop a plan for such a solvent restructuring, and the Government is optimistic that the participation of provisional liquidators under the supervision of the courts will promote and expedite those efforts,” Mrs Maynard-Gibson wrote to the Chinese.
“Please let me know if China State Construction Engineering Corporation has any questions about the attached filings, and again, please accept our profound gratitude for China State Construction Engineering Corporation’s ongoing assistance in resolving the issues that have delayed completion and opening of Baha Mar.
“As the Prime Minister emphasised last night, prompt resolution of those issues is a matter of the utmost national importance to the Bahamas.”
China Construction America’s arguments for the dismissal of Baha Mar’s Chapter 11 bankruptcy protection case, filed yesterday, are effectively a ‘carbon copy’ of the rationale articulated by the Christie administration for the dispute to be resolved in the Bahamas - not Delaware.
The contractor relies heavily on affidavits and documents filed by the Government in support of its Supreme Court winding-up petition to back its case in Delaware.
And the Prime Minister’s national address on Baha Mar last Thursday, together with Mrs Maynard-Gibson’s letter, have also been wheeled out to bolster this effort.
It is unclear whether this will strengthen or weaken China Construction America’s arguments, given that the Delaware judge may become suspicious that the Government and Chinese are working together.
Mrs Maynard-Gibson, in her July 17 letter, said the winding-up petition’s filing “reflects the Government’s unshakeable conviction that the restructuring of the Bahamian debtor companies must occur in the Bahamas, under Bahamian law and subject to the supervision of the Supreme Court of the Commonwealth of the Bahamas.
“The measures necessary to restructure the resort’s finances and assure its prompt completion and opening must be taken in the Bahamas.......”
Comments
Well_mudda_take_sic 9 years, 4 months ago
The Wicked Witch praises the Chinese general contractor while making derogatory remarks about Sarkis Izmirlian every chance she gets. She maliciously claims Sarkis has sullied the reputation of the Bahamas but most Bahamians know that no one has ever or will ever besmirch our country and embarrass us more than Maynard-Gibson. This scornful and spiteful woman exudes almost as much evil as the devil himself.
TheMadHatter 9 years, 4 months ago
Well, after all, he is a white man, you know.
RealDeal 9 years, 4 months ago
My guess is that the Chinese are threatening to abandon any plan to redevelop downtown if they don't get satisfaction with Bahamar! Christie is obviously intent n hiding corruption with his hasty moves!
asiseeit 9 years, 4 months ago
This is disgusting. If anyone was on the fence concerning where the government has placed its support, well it is evident now they are in the Chinese corner. This is a hostile takeover of a private business by the Chinese and the government of The Bahamas. Good luck with FDI from anywhere but China. Brand Bahamas is once again in the mud. Our leaders are handing the Cubans a bonanza. Why is it the PLP ALWAYS seems to screw the Bahamian people with utter glee. These guys are like a cancer! Why must they always go to the dark side. Drugs, Corruption, Crony's, anything negative to do with governance and the PLP is front and center! It is time to cut this cancer out of Bahamian politics, once and for all!
EasternGate 9 years, 4 months ago
On point asiseeit
DEDDIE 9 years, 4 months ago
Amateur hour. Under are system the Attorney General has tremendous influence over the operation of the judiciary.She may not have direct control over judges but she exerts tremendous influence over the process. We know that the government have sided with the Financiers and the Construction Company but it is absurd to put it in writing. Take for instance, Atlantis, 99% of the population don't even know who the financier was or who build it.
Bahamian_in_London 9 years, 4 months ago
This is disgraceful. The last published position of the Government was that it was neutral to both parties. If the Chinese were notified of the winding up order before Baha Mar, this is clearly not the case. Christie needs to immediately make a statement on their position.
It is bizarre that the AG would criticise Baha Mar yet write a letter praising the contractor when they are the ones who have missed 3 opening deadlines.
Greentea 9 years, 4 months ago
"unless there are personal and corrupt reasons that they are trying to pursue" .... Who is Izzy's former lawyer? Once identified, perhaps we should ask how his former lawyer was paid....Corruption and special interest on the part of the political class cyaan done in this country. Been depressed since this whole thing blew up. Don't even like driving past the place anymore. Though the alternative of the airport road is equally depressing because of more cronyism. sigh. I cant tell you how many people have told me of their plans to leave in recent weeks- even the gardener!
jackbnimble 9 years, 4 months ago
Updated: Attorney General Praises Contractor
Real Update: We want you to know, China, that we are in your corner. Screw Izzy!!
mangogirl01 9 years, 4 months ago
Who forgot that AMG represented Baha Mar during the original project start, 2002-2005 - wow!
realfreethinker 9 years, 4 months ago
Allison Mayonnaise Gibson always have her claw in someone flesh. Nothing more than a leech,a cancer. She will suck the life right out of you
Well_mudda_take_sic 9 years, 4 months ago
Just ask her husband! Poor guy.
TheMadHatter 9 years, 4 months ago
and yet ... many Bahamians marked an "X" next to her name apparently when there was a DNA candidate right there as an option. Good for them. They simply to not like having jobs. They will vote FNM next time and be complainin again a year later (or less). They just love life to suck.
Well_mudda_take_sic 9 years, 4 months ago
She did not win the seat she ran for in the last general election. Christie appointed her to the Senate and made her Attorney-General. No one in their right mind would ever vote for this evil woman.
TheMadHatter 9 years, 4 months ago
Oh yes - I recall that now. My bad.
DreamerX 9 years, 4 months ago
Amateurs and sheep will be convinced by this opinion piece. Such letters of goodwill are standard in matters of great weight. If any people in agreement that this is inappropriate, I will ask if you have ever managed a major project or performed conflict resolutions for significant matters in the financial environment.
Keep ya ignorant mindsets, out of the procedural courtesy which effect geopolitical issues.
Bahamian_in_London 9 years, 4 months ago
Opinion piece? It quotes papers filed in Delaware directly.
And it's less about what she said in the covering letter - the key point is that the winding up documents were attached to the letter and sent before Baha Mar was notified.
MonkeeDoo 9 years, 4 months ago
Procedural courtesy - in other words "sucking up".
Chucky 9 years, 4 months ago
Everyone is missing the point.
None of these people care about you, none of them care about the bahamas, all they care about is themselves and personal financial gain!
Well_mudda_take_sic 9 years, 4 months ago
Precisely!
John 9 years, 4 months ago
If Izmirilin need any one thing to take back to the Delaware court to request a change of venue and to protest against the Bah Mar matter being heard in Bahamian is this article. These people are to bold to have any shame or appearance of decency.
TheMadHatter 9 years, 4 months ago
I guarantee you his lawyers printed it on hardcopy the moment it came online.
John 9 years, 4 months ago
Then she is a tenant of Bah Mar. What a tangled web was weaved
sheeprunner12 9 years, 4 months ago
Perfect time for a Nolle .................... Just go ahead and dismiss the Bahamar Heads of Agreement (that is still a secret to the average Bahamian) ........... SMDH
GrassRoot 9 years, 4 months ago
"Profound Gratitude" She forgets that she is not in Church, when she blubbers such BS. thought she was a lawyer. Speaking of which: Where do we stand on the BEC bribery?
Well_mudda_take_sic 9 years, 4 months ago
And so many other things this wretched wench has wrongfully obfuscated and concealed for political and financial self-gain without the slightest regard for the interests of the Bahamian people.
killemwitdakno 9 years, 4 months ago
If government held up their end of the bargain that BEC would be fixed , the place may have been open because they wouldn't have been lazing around due to that. The country would have been in the clear from S&P's downgrade long time. I'm sure part of the benefits of that bid went to Jamiaca with with Obama.
TheMadHatter 9 years, 4 months ago
How much Bahamian ready to give back they beer and chicken now?
a2z 9 years, 4 months ago
Sur-FLICKIN-prise.
Craig 9 years, 4 months ago
For the government of the Bahamas to express "profound gratitude" to the entity i.e. CCA that created this mess in the first place is truly repugnant. Had CCA fulfilled their contractual obligations in the first place the resort would have been opened. It amazing that the AG and the government is glazing over that plane fact. The AG should resign.
The government is clearly out of their depth here. They obviously don't understand what's really going on here. CCA has yet to show they are able to complete the project. They have failed already on several occasions
jus2cents 9 years, 4 months ago
They are creating such an ego filled drama out of something that happens all the time in construction completion disputes.
Also, this may be incorrect, someone mentioned a while ago that the AG's husband is a vendor and has a store at Baha Mar, is this a fact? If it is true, there must be a conflict of interest.
sugarbird 9 years, 4 months ago
Sure looks like paybacks and currying favour. We'll never know who got what behind closed doors, but this whole thing smells to high heaven. My guess is that lawyers, liquidators and a few in the shadows will make out just fine, everybody else, not so much. Sad to see this so close, but yet so far.
sheeprunner12 9 years, 4 months ago
Do you see how many White Knight lawyers are coming out of the wood work to make a killing on these lawsuits????????? ........ that is who will benefit ....... and the PLP crooks
SP 9 years, 4 months ago
Regardless Of It All, Just Sick And Tired Of Being Sick And Tired Of The PLP And FNM
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