Nygard Cay
By AVA TURNQUEST
Tribune Chief Reporter
aturnquest@tribunemedia.net
PETER Nygard has paid a $2.6m settlement to Save The Bays which has allowed him to retake possession of Nygard Cay.
Yesterday, STB lawyer Fred Smith touted the effectiveness of the country’s judicial system, underscoring the importance of perseverance.
“Save The Bays is very pleased that once again the rule of law has been upheld and that the effectiveness of the Bahamian judicial system in enforcing a judgement has been successful,” Mr Smith said.
“I know that many foreign investors and many Bahamians at times are sceptical of the effectiveness of the judicial system but the reality is that perseverance and application will ultimately succeed in upholding the administration of justice . . . the reality is that the Bahamian judicial system works.”
The property was seized in September following a petition by Save The Bays to have it sold to satisfy debts Mr Nygard owed in legal costs from illegal dredging activities.
It followed a two-day stand-off which saw Deputy Provost Marshal Tommy Sands along with a team of police officers blocked from entering the compound.
Mr Nygard sought damages from the government, claiming in Supreme Court writs that his constitutional rights were breached and Nygard Cay had been wrongfully seized by the country’s provost marshal.
However, Mr Smith said the settlement made between Mr Nygard and the environmental action group included a compromise for that case to be dropped.
“The actual amount owed was $2.9m,” Mr Smith said, “in order to settle we compromised at $2.6 m. Part of the settlement is that Mr Keod Smith has agreed to withdraw his newest judicial review against the commissioner of police and the provost marshal claiming that they did not have the legal power to seize and sell Nygard Cay.”
The costs were ordered in four separate certificates of taxation, obtained by The Tribune, and flow from Nygard’s ongoing battle with STB over allegations the construction/development activities at his Lyford Cay home have led to a substantial growth of the property.
Mr Smith said: “There is now a permanent injunction against the government considering any applications or issuing any permits to Mr Nygard for any construction on land or at sea at Nygard Cay. The government has issued a decision requiring Mr Nygard remove the illegal southeast jetty and groyne which has prevented the sand from flowing into Clifton Bay and Jaws Beach.
“The government has also issued a decision to apply to set aside the default judgement that Mr Nygard got against government in 2012, whereby he got a declaration that he was lawfully entitled to the additional three acres.”
Comments
TalRussell 6 years ago
No way PeoplePublic will ever knows if ma comrade got return on other side cheap? Shouldn't it have included with the fine a much more proper damage and increase property value assessments.... does hopes $2 6 million was plus VAT..... Still while this case seems have been fast tracked through court system - some been waiting years upon years get they justice?
TheMadHatter 6 years ago
I like My Nygard but i like the environment also. By a slight margin i side with Mr Smith on this one. I hate Mr Smith, but what's right is right and in this case he is right.
Hopefully Mr Nygard can now live peacefully on his property and enjoy his time here. Keep his activities private and let anyone know a character defamation lawsuit awaits them if they speak about his personal business.
High end, active, superstars like Mr Nygard cannot flourish well here. Bahamians in general are content to sit under the tree selling crab. Any more activity than that gets them flustered and confused.
rawbonrbahamian 6 years ago
Does this mean that the govt or Save The Bays will go after Stokes that did the same thing when he dredfed the coastline and built that huge house out in the water
alleycat 6 years ago
Way to go, Fred! You the man! Let’s hope this will make other foreign developers think twice before they lie, cheat and steal in this country!
stislez 6 years ago
Lol @themadhatter! Say selling crab under the tree...... das only on father's day jahman.....da I on nygard payroll aye?
DonAnthony 6 years ago
Wondering if madhatter was on the payroll as well. Tired of these sellouts! Too many Bahamians, especially the leadership of the PLP were willing to take the financial handouts from mr. nygard who flouted the laws of this commonwealth and destroyed the environment all for his selfish pleasure. Should be massive environmental fines levied in this case to make an example out of him and deter others from desecrating this beautiful country.
Islandboy242242 6 years ago
As I read it, the 2.6 million covers legal costs of Save the Bays over the years battling, so where does the "environment" really win in this? . What environmental fines have been paid to the govt? From what I see maybe $50,000? Think I remember Minister Ferreira saying there had to be more teeth on fines for environmental impacts. http://www.tribune242.com/news/2018/sep…">link text
TalRussell 6 years ago
I see!
birdiestrachan 6 years ago
The rule of law has been upheld. only when it pleases him.
Voltaire 6 years ago
That is not quite correct Islandboy242242 - this money is to pay for the legal costs of STB in successfully fighting to have Nygard held in CONTEMPT for violating an injunction and continuing to dredge. He was found guilty and has yet to be sentenced. Dis just the gratuity... many more consequences coming his way. It is safe to say that unless he has lost his mind, he will not disrespect the court again and the environment out there is now safe.
killemwitdakno 6 years ago
Damn stem cells sped up his aging. Lord a mercy!
sealice 6 years ago
Too bad you can't get the actual ministers and gubmint cronys that looked the other way - they are still probably gainfully employed crooks.....
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