Former Attorney General Allyson Maynard-Gibson.
By RASHAD ROLLE
Tribune Staff Reporter
rrolle@tribunemedia.net
THE Christie Administration continued its public feud with Baha Mar Friday, calling the resort's most recent press statement concerning Friday's Supreme Court adjournment of its winding up hearing "misleading”.
Earlier, Baha Mar said the government's entire winding up application is "misguided and without merit," adding that the process itself is "abusive, oppressive and undertaken in bad faith”.
The resort said the application was submitted hastily and featured "numerous fatal flaws in procedural terms”.
Reacting to this, Attorney General Allyson Maynard Gibson said the government has, in fact, taken an objective path toward resolving the project's problems.
This all comes as the relevant sides insist they are still engaging in good faith negotiations, with the government serving as mediator for the discussions.
Mrs Maynard-Gibson said: "From the beginning of this project, the government of the Bahamas has sought to facilitate an impartial process that results in the opening of Baha Mar, under private ownership and operation as soon as possible. It is without question in our national interest to do so. Baha Mar’s statement today is entirely misleading. As a matter of policy, our government has sought to create a fair playing field for the development. We have pursued this objective in three ways."
These three ways, she said, are through "encouraging and facilitating" ongoing talks among the relevant parties to secure an out of court agreement, through paying the salaries of Baha Mar's Bahamian employees, and through initiating court proceedings in the Bahamas to ensure the fate of the resort could be determined by a Bahamian court if negotiations fail.
She said: "Notwithstanding this precautionary stance, we also acknowledged today that agents for Baha Mar, the China Export and Import Bank and China State Construction reported that, as recently as 6pm last night, progress was being made on an out of court settlement. A postponement of today’s hearing was advisable if only to encourage the agreement towards which the parties appear to be progressing. Should Baha Mar Ltd., the Export-Import Bank of China, and China Construction America be unable to resolve their dispute, however, appointing a provisional liquidator would allow all parties a mechanism for fair, independent, third-party restructuring, completion and opening of the resort.
“As such, it has always been understood that a liquidator must be entirely free of conflicts of interest in order to be appointed. Under a liquidation scenario, this is the only way to ensure the fairness and balance we seek. The Government makes no apologies for ensuring that that the third-party liquidator under consideration by the court is free of any real or perceived conflict of interest. In the interest of ensuring a fair outcome for all parties, the Government asked the Supreme Court to postpone until a new independent, third-party liquidator who is free of conflict, can be nominated."
Comments
Well_mudda_take_sic 9 years, 3 months ago
You can just tell this evil woman doesn't even believe her own words these days!
BahamaPundit 9 years, 3 months ago
Government has no right to get involved in a private business matter. If they want something to do, they should focus on crime.
TalRussell 9 years, 3 months ago
I can't be the only Comrade, suspecting a big smoke and mirror act by Izmarlian's relentless media attacks against the credibility of our nation's prime minister. while having no shame sucking millions of weekly dollars of taxpayers monies to fund his Cable Beach resorts "citizens" payroll out of "the people's" public treasury.
Has the PLP Cabinet now taken over the role of the NIB? Will it now be the expected role of NIB to pay work permit holders their full salaries, when there is no work for them to perform?
Can all workers going forward qualifying for NIB payments, now expect to be receiving 100% of their salary from NIB? Since when would a privately owned corporation while operating under a serious run off to Delaware cash crunch, decide they will keep over 2000 "citizens" on their (taxpayers) payroll, who have no job responsibilities to perform.?
Does anything about Izmarlian, make any sense to you?
GrassRoot 9 years, 3 months ago
well what is happening right now Tal, is that this fight that is fueled over and over by the government is "sucking millions of weekly dollars of taxpayers monies". So why not reverse course, get this Baha Mar sucker up and running? would be happy days for everybody (but for the lawyers I guess).
TalRussell 9 years, 3 months ago
Comrade the Baha Mar plan was broken before the day Papa put the shovel in da ground. It should not proceed, if it is not to be drastically modified.
newcitizen 9 years, 3 months ago
97% of the way done and you want to drastically modify it. You really must be in bed with the government.
DillyTree 9 years, 3 months ago
Tal, if government had left well enough alone and allowed the US Bankruptcy Court's ruling that gave Baha Mar the $80 million contingency funding (from Izmirlian's own pocket) to pay the employees (foreign and domestic) as well as keep the Melia's operations going as needed, there would be no need for the government to pay anyone's salary. They clearly used this to meddle in the process and not for the good of the Bahamian people.
Economist 9 years, 3 months ago
Yes it is oppressive. What the government is doing is trying to end the life of the company. Why not put a receiver in? A company can come out of a receivership, it can't come out of a compulsory winding up.
Government intends to destroy the company. That is oppressive.
TalRussell 9 years, 3 months ago
Comrade Economist, you do understand that long before PM Christie stepped into Baha Mar, it was already having serious enough financial and severe internal operational troubles to merit the sending off of Izmarlian to seek creditor protection out of Delaware?
Can you tell readers, exactly what role the PM played in that affair? If we are to believe Izmiarlian, he did it behind the back of the PM?
Please, deal with the facts known, not fabricated against the PM, for political gain.
The PM has made lots missteps unsettling to Bahamalander's we can take him to task on, but what led up to Izmirlain's running off to delaware, ain't making that list.
The man is the nation's sitting PM, what should he have done, nothing?
Do you think Izmirlain. a FOREIGNER, should be advising voters how and who NOT to vote for, come the 2017 General?
And you accuse the PM of meddling and playing politics? Have you people no shame left in your red bones. And, don't tell me ya no motivated be speaking likes no red.
TalRussell 9 years, 3 months ago
I see the PM's determination to resurrect Baha Mar, not Izmarlian, as the resurrection of his leadership heading into the 2017 General. He must just stay the course by doing what is right for the nation. if he resurrects izmirlan, it would be his leadership's worst ever misstep.
It will be left to voters to mark their ballots, with the understanding that no matter how hard some them reds may try, that NO red can be excluded from the mess they created in how Baha Mar was approved.
The fact that Minnis seems be at a complete loss over Baha Mar, is not a pretty picture to be painting for the red party heading into the 2017 General's landscape.
Maybe they should be the party approaching Bran to merge the two them shipwrecked parties together?
Regardless, didn't they both try that scheme back in 2012 and the voters weren't buying the disguise them as two separate political parties back then, and won't come 2017.
The 2017 General, is for the PM to lose, not for Minnis to win.
GrassRoot 9 years, 3 months ago
Tal give up. let it go. This Government is a communist dictatorship. If they can take Izzies asset they can take any asset. Focussing on Izzie does not help you NOT to judge this government. You are just simply ignorant of all the wrongs this government does?
Wideawake 9 years, 3 months ago
Dream on MacDuff!
Emac 9 years, 3 months ago
What is this childish back and forth ranting by the government and Bahamar. My goodness, shouldn't the government of the Bahamas be the bigger party in this situation and simply just try to solve this amicably??? I don't have a problem with the government trying to play mediator, but damn do they have to have the last say? It reminds me of a game we used to play as children, called last, where the last person to hit the next individual, won the game. This is exactly how the members of this governing party act, like stinkin' spoil brats. They simply believe that they own the Bahamas and anything they say or do is final, without even consulting we,the people who they work for. SMFT!
Emac 9 years, 3 months ago
@GrassRoot-I have concluded that Tal is Bi(plp)olar. Sometimes Tal actually calls out the evils of the wicked PLP and even speaks out against this awful party. But lately, Tal has been receiving kick backs, so she, like the majority of Bahamians, have become blind to the stupidity of the prime minister and his wutless crew. They never complain as long as they are receiving that 'silencer' money, not even when this government do things to harm the country.
Wideawake 9 years, 3 months ago
No one knows Baha Mar better than Sarkis. How could they? It took Sarkis 15 years of blood sweat and tears to garner his understanding of this mega project. How could any appointed liquidator or administer possibly gather the understanding to QUICKLY and EEFFECTIVELY sit in Sarkis' seat and steer the project to completion?. Anyone, including Government members, who thinks that three accountants, with little or no business experience and probably zero knowledge of hotel and resort development, could takeover this complex and complicated project and suddenly get it back on track is delusional!
TalRussell 9 years, 3 months ago
Comrade you'd think after 15 years, you wouldda thoughts that Izmarlin would have been wide awake as a foreigner, not to have have gone public over the past days to start coaching Bahamalander's, how they should be voting come the 2017 General. That is plain stupid.
Let's not forget 15 years of Baha Mar paying Bank of Nova Scotia they had to consent to the Chinese deal, his failure to attract investors for Baha Mar, along with hotel and casino parties walking away from the project.
Without the Chinese, Izmarlin would have found his Baha Mar, heading up a shi# creek, without a paddle.
Up until Izmarlin, went behind the back of the PM, he could not have wished for a better supporter of Baha Mar. He now says yes he shook the PM's hand, but so what cuz he never signed anything. Let me ask you, would you trust this man to play poker with? Would you shake hands with Izmarlin, on a deal that involved your money?
i guess you would, if you're an born again four times idiot.
Wideawake 9 years, 3 months ago
It is true that trust has been lost, but usually there are two sides to the story. What is important now is setting aside egos and hurt feelings and ending the deadlock. Best solution is for the project to be completed by Bahamian contractors and let the original contractor focus on Bay Street.
TalRussell 9 years, 3 months ago
Forgive me Comrade but what two sides are you talking about?
The front-side of the story is well-known the world over, that Izmarlian has admitted to shaking the PM's hand, then ran off behind your PM's and ever one else back to Delaware to file for Chapter 11 Bankruptcy. The flip side of the story is this "foreigner," has NO damn business, telling the "real citizen's" of Bahamaland, how they should NOT vote come the 2017 General.
I say this man has worn-out his welcome at Cable Beach - and yes any of his "citizens," he wants take with him, the "real citizens," will gladly provide the motorcade to the boarding ramp of his private jet.
The question is, who is more deserving of the respect of the nation - your nation's democratically elected by a resounding majority Prime Minister, or some Cable Beach "foreigner" who decided, he would attempt to unseat your nation's Prime Minister?
Wideawake 9 years, 3 months ago
Let's get to the nitty gritty. First there is more than one story. The first is the dispute that arose between Baha Mar and CCA concerning the poor quality of the work done by CCA and the repeated missed deadlines for completion and opening of the resorts, due to either an inability to complete, or to a deliberate "go slow" by CCA. We will find out the two sides to this story when the lawsuits filed by Baha Mar play out in the courts in the USA and UK.
The second story is the relationship between Mr. Izmirlian and our Prime Minister. I am sure if ever a full explanation of this relationship is given we will see at least two sides to this story; no doubt both parties have miss-stepped in one way or another !
The third story is the relationship between CCA and CEX-IM Bank. I would love to be a fly in the wall hearing THESE conversations. CCA probably denying the truth of the allegations made by Baha Mar, and making all kinds of excuses and CEX-IM Bank concerned about the loss of face this debacle has caused, concerns about the impact this gigantic mess-up is having on the reputation of CCA, CEX-IM Bank and, indeed, the Government of China both in this region and, on a world wide basis.
The fourth story is the relationship between Mr. Christie and the Bahamian electorate. I agree with you that Bahamian politics should be left to Bahamians, however I agree with Mr. Izmirlian when he says that in his opinion Mr.Christie and the PLP Government will be judged at our next General Election on, amongst other things, Mr. Christie's performance in relation to the Baha Mar Debacle.
Finally your question regarding "who is more deserving of the respect of the nation", Sarkis Izmirlian or Perry Christie? Well now, let me think!
I respect both of these fine gentlemen; both gave done a great deal for Bahamians and The Bahamas.
Mr. Izmirlian has (almost) created the largest construction project ever in the history of The Bahamas, which will provide 8,000 jobs for Bahamians and could generate as much as 12% of the Gross National Product of The Bahamas. He has done this by investing 13 yrs of his life and by investing at least $800 million in the Baha Mar project. Is that deserving of my respect? Absolutely!! and also my undying gratitude!
Mr. Christie has dedicated 40 years of his life to serving Bahamian people and he too has my respect. In my opinion,however, and in the opinion of many others, both here and abroad, he and his government have made a grievous error in attempting to block Baha Mar's Chapter 11 proceedings in Delaware. How history will judge him for this, only history knows!
TalRussell 9 years, 3 months ago
Comrade, I can only hope your post just did its intended job - offending the living hell out most Bahamalander's.
From the sounds it, there's not much I can say that can halt your canonization of Izmarlian.
Unfortunately, you are telling, all foreigners to go out and stick their damn noses in "the people's" 2017 General. I can tell you from lots experience, the natives dont likes stuff like you're talking, cuz their local politics are sacredly guarded.
Why stop here, what if Izmarlian and Nygard, decided form their own "foreigner exchange" political parties. I kinda likes ring to Papa Izmarlin, or Papa Nygard?
Wideawake 9 years, 3 months ago
Don't put words in my mouth! Absolutely, Bahamian politics is our own business and no foreigner should meddle in it. However, we live in a Global Village and as a country rely heavily on the goodwill of "foreigners".
Tourism, an industry dependent on foreigners generates 70% of our country's income. Almost all of the major developments in The Bahamas over the last 100 years have been funded by overseas investors.
The future development of The Bahamas will continue to rely heavily on outside investment for many years and a healthy measure of respect should be shown to our overseas partners as our country continues to grow and prosper.
National pride and being fiercely supportive of Bahamian interests will make our country prosper, xenophobia and ungraciousness shown towards our overseas partners will hold us back.
My2cents 9 years, 3 months ago
We allow tens of thousands of newly minted Bahamians to actively participate in our electoral process without issue. So I have no problem with a 15 year permanent resident, possibly Bahamian, who has invested almost a billion dollars (billions if project proceeds) commenting on Bahamian politics. He is more than entitled to do so...it does not mean the electorate will or should necessarily fall in line with his position.
However, instead of focusing on the facts or remaining objective regarding the Bahamar debacle, some would rather have us focus on the nerve of this 'foreigner' injecting himself in our politics. It's not that serious, but Bahamians are pretty obvious. Just remember 'pride comes before the fall'.
TalRussell 9 years, 3 months ago
Comrade, for starters, please note the justification given by Izmarlian himself, not Comrade Tal, for bypassing our Bahamaland to run to file his application in the state of Delaware, something about Baha Mar's, USA connections? I guess his belief in the natives, is on a when convenient and on a voluntary basis? The pages of Bahamland's history are littered with the foreigners who came and when it suited them, they packed up to leave the people, no damn better off than when they arrived. The British and Harry Oakes, along with a list of many others come to mind? May I dare to ask, why in some 15 years, Izmarlin never wanted to became a Bahamaland citizen? And, until he does, this man has no damn right to be telling anyone, who NOT to vote for come the 2017 General. The foreigners have our prime lands, waterfronts, beaches, private islands, and now you come on here to tell readers you want to pass on to them, the right to tell voters - who NOT to vote for? Over my dead constitutional reserved exclusively for Bahamalander's right to mark their dead "X" you will.
BahamaPundit 9 years, 3 months ago
Atlantis has 100% occupancy. I just went and there were so many tourists I could hardly move. Only heaven knows why Sarkis didn't hire the architect that designed Atlantis. When you have a winner, why try anything else? The entire down town area should be designed like Marina Village. It's so obvious it hurts. I came from Atlantis and passed Bay Street -- not a single tourist was on the street. I passed Bahamar and it looked like an old piece of Chinese cheese. Wake up folks!!!! You know what tourists want, now replicate it in down town and Cable Beach. Duhhhhhh.
TalRussell 9 years, 3 months ago
Comrade, for starters, please note the justification given by Izmarlian himself, not Comrade Tal, for bypassing our Bahamaland to run to file his application in the state of Delaware, something about Baha Mar's, USA connections? I guess his belief in the natives, is on a when convenient and on a voluntary basis?
The pages of Bahamland's history are littered with the foreigners who came and when it suited them, they packed up to leave the people, no damn better off than when they arrived. The British and Harry Oakes, along with a list of many others come to mind?
May I dare to ask, why in some 15 years, Izmarlin never wanted to became a Bahamaland citizen? And, until he does, this man has no damn right to be telling anyone, who NOT to vote for come the 2017 General.
The foreigners have our prime lands, waterfronts, beaches, private islands, and now you come on here to tell readers you want to pass on to them, the right to tell voters - who NOT to vote for? Over my dead constitutional reserved exclusively for Bahamalander's right to mark their dead "X" you will.
Wideawake 9 years, 3 months ago
Really Comrade Tal!
" The British left the Bahamas no better off than when they arrived??"... Now I KNOW you aren't playing with a full deck!!
How about the infrastructure the British left behind (roads, docks, airports, telephone service) for starters? What about a postal service that worked, a legal system that was considered fair and just, what about a Police Force that that was not corrupt, what about an education system that turned out the first few waves of Bahamian Doctors, Nurses, Dentists, Teachers, Lawyers, Judges, Journalists, Engineers, Customs Officers, Immigration Officers, and Policemen?
What about Mr. Wallace Groves, Mr. Charles Hayward, and Sir Jack Hayward? What was it they left behind? Oh Yes ....I remember! Freeport!!!
Likewise, when all the dust has settled, all of the HooHa has ceased and when all of the bruised feelings and dented egos have healed, when Baha Mar is finally opened, I hope you get invited to the official opening ceremony and then perhaps, with your Bahamian Pride bursting, you will finally get it and realize that Mr. Sarkis Izmirlian is not such a bad guy after all!! Perhaps he might even let you sit on his dock!!!!
TalRussell 9 years, 3 months ago
Really now Comrade, shame on da people who were fooled into believing in Carnival 2015, you fooled fool them once, shame on you. Fool the natives "twice" into believing again in Baha Mar's pipe dream, shame on the natives, for believing ya the first time and second times. Never will they, the third time.
Obviously, you have not spent any time in Freeport, over the past 20 years?
Wideawake 9 years, 3 months ago
As regards Carnival 2015, I'm just waiting to see who got what, especially Mr. Major!
As far as Baha Mar is concerned, developments in The Bahamas are never easy; the development process is always full of lumps and bumps along the way. The bigger the development the bigger the lumps and bumps, so what we are seeing with Baha Mar should be no surprise.
However, we wait to see whether or not wiser heads prevail and meanwhile, all true, true, Bahamians must hope and pray that egos are set aside and wise choices are made to get this essential project back on track; hopefully with Sarkis Izmirlian still at the helm.
Wideawake 9 years, 3 months ago
As far as Freeport is concerned, " The Magic City" is currently " The Sleeping City". Its' still there though, with all those foreign built roads, Harbour, airport, schools, churches and houses. Sadly Mr. Groves, and both Mr. Haywards have passed away. So Freeport sleeps, waiting for another super-rich visionary to pick up the pieces and breath new life and new dollars into this once great city. Question is will this New Freeport Visionary be a native Bahamian or will it be another pesky foreigner???
TalRussell 9 years, 3 months ago
Comrade, how long has that Groves and Hayward's. visionary on developing their man-made canals, been a complete failure? Maybe you never got around to learning the real reason Groves had behind the construction of the canals, and it had not a damn thing to do with turning all that still vacant lands, it into residences. You need learn the truth about Freeport, all of it.
Wideawake 9 years, 3 months ago
Comrade Tal, I know a lot about Freeport. Wallace Groves dug the Grand Lucayan Waterway to sell waterfront lots to anyone who wanted one and who could afford it. For a time bus loads of tourists were taken on tours so they could see the waterfront lots in the Grand Lucayan Waterway development. Many were signed up on the spot with a down payment paid by credit card. The revenue from the sale of these lots was an important revenue stream for the G.B.Development Co.
Even though Groves was, quite rightly, prevented from completing his vision of a Freeport filled with 250,000 expats, nevertheless the waterfront lots he built are still there as an asset for the future development of Freeport.
I don't consider Freeport a failure; just a Sleeping Beauty waiting for the next Wallace Groves to finish what he started. Don't tell me that Chinese investors have not considered/tried to purchase GB Devco and the GB Port Authority. Maybe, with this government's help, we will soon see the CHINAFICATION of Freeport. BIG commissions in that deal!!!
BigBoozer 9 years, 3 months ago
A few points in the Baha Mar - Government Debacle'
2.The government has NO RIGHT to appoint any liquidators... this is the JOB of the COURT..
(see THE COMPANIES (WIINDING- UP AMENDTMENT) ACT 2011 clearly states; Part VII, Section 200, Pg 15 .)
So the appointment of PwC is premature and misguided.
proudloudandfnm 9 years, 3 months ago
Our government is full of crap. There is absolutely NOTHING they can do to Bahamar. The case in the UK is what we need to be watching. And when CCA loses our government will have no choice but to back Izzie 100% in throwing CCA off of the project....
Our government has handled this like an ignorant child.....
TruePeople 9 years, 3 months ago
Bey all this talking and little facts. Dats why there needs to be some transparency to these issues, esp. since they have national consequences. Fact everything is heresey and behind some closed door, and he say she say reh reh make me sey i don't trust none of dem, bBahamian, foreigner, PLP, FNM, even the DNA could join the party of dem who i ein trust, juss for da fun
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