The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

SOUTH Abaco's MP has revealed he was 'cold shouldered' by a foreign developer when he attempted to resolve the dispute it sparked by evicting a Bahamian farmer from Crown Land.

James Albury, who is also parliamentary secretary in the Prime Minister's Office, told Tribune Business he was repeatedly ignored by Schooner Bay's principals when he reached out to them over the removal of Glen and Tracy Kelly.

The couple, operating as Driftwood Food Company, were evicted in seeming violation of Schooner Bay's licence for the 100-acre Crown Land tract known as 'The Commons', and Mr Albury acknowledged recent developments at the project were "a big concern" for him.

"I'm aware of the situation ongoing at Schooner Bay; it's a big concern of mine," the central and south Abaco MP said, before revealing his failed efforts to intervene and broker a resolution.

"During the initial spark that brought this to the forefront," he added of the Kellys' farm, "I made several attempts to reach out to the management of Schooner Bay, identifying myself as the MP for the area, as well as the parliamentary secretary for the Office of the Prime Minister there.

"Up to this morning, despite several attempts I never received a communication back. My attempts to speak directly were never returned, which is unfortunate."

Tribune Business previously revealed how the Kellys' eviction raised questions as to whether Schooner Bay and its principals, Dr David Huber and Tina Gascoigne, were breaching the terms of a Crown Land licence that stipulates The Commons is to be used for the "benefit" of Bahamian entrepreneurs and artisans.

And this newspaper also revealed complaints about how the 220-acre South Abaco project has been violating Bahamian real estate laws, particularly the Real Estate (Brokers and Salesman) Act, through the foreign developer running its own property sales, management and vacation rental business.

Foreign developers, under the Real Estate (Broker and Salesman) Act, can only sell and manage the real estate that they own. Once such property is sold to third-party buyers, the Act prevents them from engaging in re-sales of that real estate, and operating their own property management/vacation rental businesses - something Schooner Bay has been doing.

Mr Albury declined to comment in detail on the situation at Schooner Bay on the grounds that, as a result of Tribune Business's investigation, the Crown Licence and real estate law breaches were now being dealt with by the Attorney General's Office.

He described the situation at a project once held up as a model for sustainable Family Island development as "unique" and "a special case", implying it was not representative of other large-scale foreign direct investment (FDI) led initiatives on Abaco.

"That's in the hands of the Attorney General's Office," Mr Albury said of the Schooner Bay situation. "That's for their action at this point. I can't speak for them, and don't want to say anything out of turn."

Pointing to the economic and jobs impact of developments such as Baker's Bay and Winding Bay, the MP added: "The situation at Schooner Bay is something unique. I have full confidence in believing it's not typical of all outside projects going on in Abaco. That's a very special case that's being addressed."

Mr Albury said the responsibility for making Schooner Bay a sustainable success lay with its principals, adding that Abaco's economy - especially in the island's southern and central areas - was not totally dependent on it.

"It's just one project among several large projects in Abaco, but I'm sure it's something people would like to see develop positively in every aspect," the MP added of Schooner Bay.

The development's legal woes may be increasing, though. Damianos Sotheby's International Realty, the Bahamian real estate firm, has filed a police complaint and is threatening legal action over the destruction of a sign advertising the properties it is marketing for sale within Schooner Bay.

The realtor is alleging that representatives for Schooner Bay Ventures, the developer, cut down and demolished its sign even though this was located on government-owned land by the highway - outside the development's boundaries.

Gail Lockhart-Charles, Damianos Sotheby's attorney, warned in a January 29, 2018, letter: "We are instructed that Schooner Bay Ventures' representative unlawfully cut down and removed a sign belonging to Sotheby's International Realty, which had been erected on the highway in the vicinity of Schooner Bay, Abaco.

"We are instructed to advise that our client has filed a police report with regard to Schooner Bay Ventures' unlawful interference with its property and we are instructed to demand, as we now do, that Schooner Bay Ventures immediately reinstate our client's said property."

The letter warned that legal action would begin if the sign, which was advertising 12-13 Schooner Bay properties for sale, was not reinstated within three days. Tribune Business has seen photographs purporting to show the realtor's now-demolished sign lying in a trash heap at Schooner Bay's property.

Bill Albury, an Abaco-based realtor for Damianos Sotheby's International Realty, yesterday confirmed a complaint had been filed and that he was now waiting to obtain a copy of the report detailing the outcome of the police investigation.