The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

AN application to subpoena Prime Minister Perry Christie to give evidence in committal proceedings against Canadian fashion designer Peter Nygard in Supreme Court will now be heard next month.

The subpoena announcement was made two weeks ago by Elliot Lockhart, QC, who represents Mr Nygard in the committal proceeding in which it is alleged that he breached an order during an ongoing judicial review to determine whether the fashion designer had illegally increased the size of his property.

Mr Nygard was present in the Ansbacher House courtroom when the request was made.

Mr Lockhart had been given a deadline to file the requisite documents and serve them on the affected legal parties involved in the current legal case brought by Save The Bay’s (STB).

In yesterday’s expected hearing, Mr Lockhart said that Hurricane Matthew’s impact had left many on the island without power and he was among those affected.

He said it was for this reason he had failed to carry out the court’s instructions.

The motion will now be heard on November 8.

STB’s battle with Mr Nygard over the construction/development activities at his Lyford Cay home stem from allegations that they have led to substantial growth of the property.

The group claims that the Lyford Cay resident has almost doubled his property’s acreage, from 3.25 to 6.1 acres, since he acquired it in 1984, by allegedly reclaiming Crown Land from the sea.

The advocacy group has alleged that Mr Nygard achieved this without the necessary permits and approvals, claims that have been denied by the fashion designer.

That comes against the backdrop of Justice Bain’s ruling in 2013 that until the conclusion of judicial review proceedings challenging the legality of the construction of a groyne and the dredging of the seabed off Nygard Cay, neither activity could continue.

However, since then, STB has submitted photographic evidence in court alleging that the opposite has happened.

Gia Moxey and Khrisna Higgins also appeared for Mr Nygard in yesterday’s hearing.

Fred Smith, QC, Dawson Malone, Romauld Ferreira and Crispin Hall appeared for STB.

Wayne Munroe, QC, and Hyancinth Smith appeared for the Crown.