The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

Foreign developers are forcing Bahamian taxpayers to “foot the bill” for defending their interests in Judicial Review actions brought by environmental activists, a well-known QC said yesterday.

Fred Smith QC, the Callenders & Co attorney and partner, said that by failing to actively participate in court hearings, developers were forcing the Government to defend their investments and projects on their behalf.

He argued that this situation, which had occurred over the Resorts World Bimini and $12 million Blackbeard’s Cay projects, was now being repeated in the legal battle over the Abaco Club’s Little Harbour marina project.

Mr Smith, who is acting for Responsible Development for Abaco (RDA) against the project, said that despite the developer’s attorneys, Higgs & Johnson, being present at every court hearing, they were not playing an active role.

As a result, he argued that the Abaco Club was forcing the Government to defend its interests, with Bahamian taxpayers having to cover its legal costs.

This interpretation was rejected by Tom Southworth, vice-president of development at Southworth Development, the Abaco Club’s main owner, who said any Government/taxpayer expenditure was only being incurred because of RDA’s legal action.

He told Tribune Business: “We’ve done everything the Government asked us to do, including multiple public hearings.

“RDA sued the Government with respect to the process, and now are complaining that the Government has to spend money to respond.”

But Mr Smith, referring to the Abaco Club’s response via Tribune Business to previous legal filings by RDA, said its comments should have instead “been put into evidence and relied upon in the court case”.

“They have been conspicuously absent in their participation,” Mr Smith told Tribune Business. “The Judicial Review process provides an opportunity for affected parties to be heard.

“In accordance with the court Order, we have sent them [the Abaco Club] all of the papers in the matter. Despite their attorneys being present at each hearing, they have said nothing and failed to participate.

“This highlights that the Bahamian taxpayer is always footing the bill with the Government defending proceedings on behalf of the developers, as with Blackbeard’s Cay and Bimini.

“It is high time that the Government of the Bahamas recognised it is not a Siamese Twin of foreign developers. It is high time the Government called on all these developers to foot their own bill in defending their secretive, closed doors, behind-the-scenes deal they both concoct.”

Mr Smith questioned who would benefit from the Abaco Club’s marina development, but emphasised that the RDA action was “all about process”, and the Government’s failure to follow its own statutory permitting/approval regimes - especially the need to consult with affected parties.

Pointing out that Southworth Development would have gone through such processes in the US and the UK, he added: “The Bahamas is no different.

“As a director of Save the Bays, I emphasise that Save the Bays, RDA, Save Guana Cay Reef Association, reEarth and all the NGOs are not against development; they simply wish for development to occur in accordance with the Planning and Subdivision Act and all the other legislation that provides for due process and fair hearings for all these developments, and all those affected.”

Mr Smith continued: “We’re not against development; we simply wish to be considered. Having little fly-by-night Town Meetings trying to bulldoze projects through, without taking into account the interests that will be affected, will only continue to generate legal challenges which, unfortunately, delays and prevents development and sustainable economic growth.”