The main gate is lifted at Nygard Cay on Friday afternoon.
1.10pm UPDATE: The Deputy Provost Marshal has chained the side gate entrance to Nygard Cay and locked it. The lock for the side gate has also been changed and the key for automatic gate has been confiscated.
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Nygard property Friday morning
Police at the gate on Friday.
FRIDAY MORNING UPDATE: At 11.06am, the Deputy Provost Marshal, along with a team of police entered Nygard Cay. A locksmith was called to open a smaller side gate at the entrance. They have now entered the property.
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Nygard Property
Deputy Provos Marshal of the Supreme Court Tommy Sands posts the court notice on the gates of Nygard Cay.
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Nygard Property 2
Police and Deputy Provos Marshal of the Supreme Court Tommy Sands at the gates of Nygard Cay.
By AVA TURNQUEST
Tribune Chief Reporter
aturnquest@tribunemedia.net
AFTER waiting more than four hours, the Deputy Provost Marshal of the Supreme Court was yesterday denied entry to Nygard Cay as he attempted to execute a court order to seize the property.
The developments, which saw both marshal Tommy Sands and a team of police officers denied access yesterday, led attorney Fred Smith to declare Canadian fashion mogul Peter Nygard had set himself “above the law”.
The order follows a petition by Save The Bays to have Nygard Cay sold to satisfy the $2.2m debt Mr Nygard owes in legal costs from illegal dredging activities.
Mr Sands told The Tribune the purpose of the court order was to allow him to take stock of all goods and chattel and seize them for the court.
“The court’s order is being executed on Mr Nygard,” said Mr Sands shortly before 1pm, “that’s the purpose of this order but I’m not physically moving anything. But I am seizing properties and making sure that nothing is removed from this property. So I’m taking an actual stock of everything that’s here and I’m seizing them.”
Mr Sands said: “(Mr Nygard) he’s allowed access to the property but he can’t move anything until this judgment is settled.
“I’m just making sure that the owners or the actual person who Mr Nygard owes these funds to, that they will recover their funds.”
Mr Sands was accompanied by two security officers, and could be seen speaking with someone through the bars of the massive gate that protects the entrance to the property. After some twenty minutes, The Tribune was told Mr Nygard was on his way and that the marshal had agreed to await his arrival.
At 2.15pm, a police car with four police officers pulled up and could also be seen speaking through the gate to several people on the property alongside Mr Sands. At one point, it was understood that staff had been given thirty minutes to vacate the property. Mr Sands could be seen affixing a notice to the entrance gate which stated: “This property was seized by order of the court.”
The police officers left in their car after about an hour of waiting around and talking back and forth amongst themselves and to several people through the gate.
At various times, several people behind the gate appeared to be laughing, but it was not clear in what context.
At 4.12pm, the matter still had not progressed.
“Right now we are still waiting for Mr Nygard,” Mr Sands said at the time. “Mr Nygard was supposed to be here, apparently he got word and for some reason he is not here, but the court has made an order, that order is going to be enforced as sensibly and as humanely as possible, but it will all depend on what they do.”
Mr Sands continued: “Mr Nygard has one or two recourses – he can settle the matter, or then he can have his goods and chattels possessed. Once the matter is settled, everything ends.”
When asked whether he would enter the property by force yesterday, Mr Sands said: “I am minded to be as patient as possible and to deal with this matter, but to resolve this matter.
“I’ve already requested access and it has been denied at this point,” he said.
“Also you would have noticed that the police were here and the police were prepared to enforce this order.”
Mr Sands stressed that he had used his discretion not to force entry onto the property at that time, in a demonstration of patience. When asked how long his patience would last, Mr Sands said: “That I will keep to myself.”
When asked what recourse the courts had after being denied access, Mr Sands said: “There is always recourse for the court, for the deputy provost marshall. The deputy provost marshall could walk on that property right now with police in hand and they just take possession of the property.”
He reiterated his desire for the matter to be resolved peacefully.
However, at around 4.45pm, Mr Sands advised that he would return in the morning – today.
Yesterday, Mr Smith insisted the ordeal was a “slap in the court’s face”.
“Nygard has once again shown to the entire government of The Bahamas that he thinks he is completely above the law,” Mr Smith said.
“(Nygard) He has repeatedly defied the orders of the Supreme Court…he’s been found in contempt by the supreme court on three occasions. He is to be sentenced tomorrow and on the eve of that hearing he is yet again defying the deputy provost marshal, who is armed with the writs of execution by the Supreme Court.
Mr Smith continued: “Despite even the police being present, Mr Nygard has denied the most senior marshal of the Supreme Court entry to levy execution. I wonder how any other Bahamian would fare against the provost marshal and a squad of police knocking at the door if they can just tell them to go away and just wait for Mr Nygard to come back?”
“I find it appallingly undignified that the provost marshall should hang around outside of Nygard gate for nigh on four hours waiting for Mr Nygard to show up,” Mr Smith said, “or just waiting to be given entry, I mean that is just so disrespectful of law and order in The Bahamas.”
“This is the Republic of Nygard,” he added, “apparently we need a passport to enter the Republic of Nygard, even the provost marshal can’t go in.”
Mr Nygard is expected to appear in Supreme Court Justice Indra Charles’ court to be sentenced on two contempt convictions by Justice Rhonda Bain, who has retired.
Comments
TheMadHatter 6 years, 1 month ago
Nygard should reach out to Rights Bahamas President Stephanie St Fleur and file an appeal or request an injunction.
DDK 6 years, 1 month ago
B.O.L.!!! Good one!
TalRussell 6 years, 1 month ago
The standoff decision not to open the gate to Comrade Deputy Provost Marshal of the Supreme Court - should have seen Court's Property Forfeiture Seal be placed on gate and if broken - owner and staff loaded aboard Bus, for free ride lockup let foreigner knows that Nygard Cay - not too big they foreigner money pants - not be seized and owner sent Debtors Prison, a special place normally reserved for man's and woman's - who are too poor pay couple Hundreds dollars of what they owes into da court colony islands.
akbar 6 years, 1 month ago
This is an outrage and no joking matter.
DillyTree 6 years, 1 month ago
Or maybe there were things on the estate that Nygard didn't want found.
Either way, I hope he's thrown in Fox Hill for contempt at today's sentencing hearing.
sealice 6 years, 1 month ago
can you see him with his skinny jeans on in foxhill?
becks 6 years, 1 month ago
He would go in as a tight-end and leave as a wide-receiver 🤣
joeblow 6 years, 1 month ago
...the assumption being that he is not already a wide receiver!
BahamaPundit 6 years, 1 month ago
So many people dredge and expand their property and nothing happens to them. This is just an obvious money grab. Going after deep pockets. I hope Nygard finds a loophole.
sealice 6 years, 1 month ago
of course you still want him around for the next election cycle when you promise him the moon if you win...
Sickened 6 years, 1 month ago
That defies logic... well not PLP logic. "You didn't stop me yesterday for speeding; why are you stopping me now!" Silly comment.
Naughtydread 6 years, 1 month ago
Fred Mitchell carry your sissy ass back to London and play with your little boyfriends okay. We done with idiots like you.
DonAnthony 6 years, 1 month ago
Mr. Nygard clearly does not respect the Bahamian people much less our Bahamian courts. He should be held in contempt of court and the court’s judgement enforced. It is absolutely ridiculous how much deference is paid to this man by our authorities, a Bahamian would be treated far more harshly. The double standard needs to stop.
BahamaPundit 6 years, 1 month ago
I wonder if the Government will charge the Shanty Town Haitians 2.2 million dollars for expanding their property? Ya neva see it!
DDK 6 years, 1 month ago
Have you ever noticed how many thousands in fines are slapped on foreigners who over-stay their allotted visitors' time as opposed to the paltry few hundred levied on those illegal immigrants from the south-east?
joeblow 6 years, 1 month ago
No, the gov't will give them low cost housing and waive property taxes indefinitely!
BahamaPundit 6 years, 1 month ago
I could understand a legal bill of 500K but how do you get a 2.2 million dollar bill for a land encroachment matter? That's the cost of a house in Old Fort. SMH
Sickened 6 years, 1 month ago
No. That's the cost of ocean front property in Lyford - which he stole from us Bahamians.
DillyTree 6 years, 1 month ago
Are you kidding? $2.2 million won't get you anywhere near the ocean at Lyford cay! You might find a fixer upper on a small lot for that.
bogart 6 years, 1 month ago
Why da pore taxpayer paying fer all the 4 hours waiting......??........simply jumps on da Police Boat .....an lands ups on da beach........an dey have the right to ne there up to high water mark....rights inside ..........dont dey........dont tell the taxpayrr da boat meeds fixing......puleese.......!!!
banker 6 years, 1 month ago
LOL! Pure farce. Pure comedy. Hilarious. It's good to see Tommy using souvenir straw works as a cover for his portfolio.
TalRussell 6 years, 1 month ago
Comrade Tommy Deputy Provost Marshal of the Supreme Court this Friday- should've showed up in american forces helicopter to land he self on other side gate.
bogart 6 years, 1 month ago
Bey if da police wanted to do tings that dead bad...they woudda done been in there no time flat since yestetday....not that thick officer but dat other one wordda done hoist ......pull heself up ....over that gate no time flat.........way past now......now if that be one pore Bahamian over da hill........da magistrate done be sentencing him by now....
sealice 6 years, 1 month ago
He must have forgot all his cronies either didn't get re elected or seem to have totally forgotten about him and his money?
BahamaPundit 6 years, 1 month ago
RE Banker You're right. Looks like a bunch of carpet bagging low lifes trying to take something that they have not earned. Must have other Lyford Cay residents quaking in their boots to see someone who looks like a gardener bulldozing his way into a rich foreigner's mansion. Terrible optics!
DillyTree 6 years, 1 month ago
BahamaPundity Mitchell, the other Lyford Cay residents follow the law and do not show the same kind of wanton disregard and disrespect for the country -- either those as guests or as Bahamian citizens. None are above the law, though Mr. Nygard seems to think he is. The residents of Lyford Cay have nothing to fear -- in fact, many welcome the enforcement of Nygard's contempt.
John 6 years, 1 month ago
The laws for one must apply to all. And this battle with Nugget, et. al., has ran on long enough. Two million will not cripple Nygard nor send him to the poor house. Maybe it’s a matter of ‘ Even after I settle this claim, will I be able to lay back and lick my wounds in peace, then move on with my life.’ Knowing the nature of the beast, the android a negative.
John 6 years, 1 month ago
The laws for one must apply to all. And this battle with NYgard, et. al., has ran on long enough. Two Million Dollars will not cripple Nygard, nor send him to the poor house. Maybe it’s a matter for Nygard of, ‘Even after I settle this claim, will I be able to lay back and lick my wounds in peace, then move on with my life.’ Knowing the nature of the beast, the answer a negative. Bacon is expensive. In fact many Bahamians can't afford it.
BahamaPundit 6 years, 1 month ago
This appears to be politically motivated. Sure Nygard should not have caused a beach to accumulate on his property. Tell that to the hundreds of others on this island that are illegally accumulating beaches. But this does not mean his mansion should be confiscated and sold and that a bill of 2.2 million dollars should be owed (more than Baha Mar legal bills). Something is very off-putting about this matter. Seems like a sledge hammer is being used when a small hammer would suffice. Politics are destroying this nation!
becks 6 years, 1 month ago
Politically motivated? How so? This whole court issue started during the PLP administration. Nygard is a lowlife who broke the laws of the Bahamas, illegally dredged sand from crown land...he was found guilty in a court-of-law and fined. He has not paid what he owes so the courts are taking matters into their own hands...just like they would do in the US, Canada,England,France,Sweden or any other country. Nothing to see here...move on.
BahamaPundit 6 years, 1 month ago
Today they came for Nygard's mansion (they buldozed through his beautiful iron gates) and I said nothing. Tomorrow, the poor may rise up and take my house, and there will be no one to speak out for me.
TheMadHatter 6 years, 1 month ago
DDK, yes only $300 and ZERO for their employers (oh wait, except for that ONE guy in Freeport....LOL...Just so nobody can say no employer has been charged. They charged one for "harbouring"). LOL.
There is still no law specifically against hiring an illegal even though Fred Mitchel threatened to make one from back in the day.
Welcome to the Northern Haitian Territories. If you're Bahamian, we gah bust down ya gate.
DDK 6 years, 1 month ago
$300.00 does not even cover processing, holding, court and repatriation costs. Maybe that's why they have to go after the likes of Nygard!
DonAnthony 6 years, 1 month ago
About damn time. Justice for all. Nygard needs to be declared persona non grata and let him bribe his way in some other country. It is the people’s time now.
TalRussell 6 years, 1 month ago
The court has not singled out Nygard Cay - that job was cockily done by Comrade Peter, he self. Her Excellency Marguerite should issue royal decree withdraw the Citizenship or Permit work in colony for any blogger supporting actions Nygard Cay's Peter.
BahamaPundit 6 years, 1 month ago
I've know Nygard all my life. He was a real character of the olden days when life was carefree in these islands. There used to be lots of characters then. This was a 007 town. No need to treat him like dirt now, just because the real men have left or died and all that's left is Super Wash.
realitycheck242 6 years, 1 month ago
All i ga say is ya backup the rich tree, ya back up the poor tree...Ya soon mash the wrong foot in this society.....Keep on backing up other people trees till ya back up the wrong one.
Sickened 6 years, 1 month ago
I wonder how much 'chattel' was removed over night?
bogart 6 years, 1 month ago
@pundit.....I see your point on the sledge hammer....end results regardless....one must weigh plusses and minusses....that will reverberate in business community....elsewhere......may very turn out to cost us all more the money involved.....this has been a sitiation gotten totally out of hand for years and years.....and the inept...incompetant...irresponsible....accepting this mans favours....benefits....donations....lacking fortitude ....officials who let it reach so far should be held responsible...... The Nation should not suffer for the follies of a few that now manifests in this spectacle.....the other parties who did nothing..for years prior...stood watching...accepted....must be held accountable contributing to this.....
birdiestrachan 6 years, 1 month ago
THE DRAMA KING must be jumping up and down with glee. It seems as if Mr: Naygard has done more for the Bahamian people , More than the DRAMA KING and those who\ support him in .his attempts In my view to destroy this man.
Some folks do not like to see poor Black people being uplifted, bottom line
birdiestrachan 6 years, 1 month ago
They really did not like all of those black folks on their beach,
DillyTree 6 years, 1 month ago
Birdie, clearly you are not aware that there are black Bahamians who reside and own homes in Lyford Cay, Old Fort Bay and Albany. Or are you conveniently ignoring that fact?
And as for "their" beach -- I'm sure you're also aware that no one owns the beach in the Bahamas.
Nygard is a criminal and should be treated as such. If he followed the law, there would be no issue. His contempt and disrespect for the Bahamian people is astounding. And you are too stupid to see that you are being used by Nygard as a tool to his ends.
BahamaPundit 6 years, 1 month ago
What a double standard! How ironic!!! The same lawyer defending FOR the Haitians' right to take land from the Government in the Shanty Towns is fighting AGAINST the right of Mr. Nygard to take land/beach from the Government here. You can't make this up!!! The Government does nothing against the Shanty Towns but raids Mr. Nygard's house!
TheMadHatter 6 years, 1 month ago
Pundit.....shhhhh....nobody is supposed to see that comparison. It's a secret. Keep quiet :-)
birdiestrachan 6 years, 1 month ago
Mr Smith talks about lack of respect for the laws of the Bahamas. Strangely these laws do not apply to Shanty Towns. A double standard from one who brags about undisclosed donations to the FNM party.
John 6 years, 1 month ago
So what is the update on the 17 y/o school boy the police and DEA allegedly brought to the capital from Abaco for having a joint of marijuana..
Bonefishpete 6 years, 1 month ago
Just kick all foreigners out. Problem solved. But wait then you got nobody to blame.
proudloudandfnm 6 years, 1 month ago
Time to deport this scumbag and impound his property. Nygard has never been good for our country. Running the world's most exclusive and expensive private resort without a license for years. He owes us millions in room tax and operating tax. He must be made to pay in one form or another..
But he knows Brave will be PM in 3 years. He just needs to stall until then...
TalRussell 6 years, 1 month ago
Some Comrade's Contempt sentencing is justice delayed, again - put off
January 17, 2019.
Thinks I can I rent P.O. Box at Lyford Cay to get upgrade my address - just in case I needs asks He/She Worship for Bus ride Fox Hill scheduling postponement?
truetruebahamian 6 years, 1 month ago
Perhaps the property should now revert to its rightful name - Simms Point!
bogart 6 years, 1 month ago
This project has been going on for decades now....since property purchase in 1984 documented letters to govt offocials name chamge proppsed....etc accretion of land 2009 concerns by govt NO RIGHT THINKING COMMON SENSE PERSON ......COUDDA EVER...BELIEVE.....THAT THIS ....FOREIGNER.......COULDDA...EVER DONE SOMETING...DIS....BOLD....OVER ALL...DESE YEARS......ALL BY HESELF.....,!!....if dis so then BAHAMAS would be #1 naton in Ease of doin Business....hehhehheh... Many investors BAHAMIANS OR FOREIGNERS.... are not in projects all by themselves....hav banks...,..advisors......!!!...when projects succeed erry Bahamian taking credit when someting wrong only the FOREIGNER OR BAHAMIAN.....like Leslie Miller....or single name individuals....like there no Lawyers, bankers, .engineers, project managers, Board of Directors.......is wrong.........BAHAMIANS AUTHORITIES NEED TO CALL UP ALL THE BAHAMIANS.....ENGINEERS....GOVT..AGENCIES....ADVISORS...ALL PERSONS COMPLICIT IN AIDING...ABETTING...SLACKNESS...DUCKING RESPONSIBILITY......IN NOT STOPPING IT YEARS AGO......,!!!!!L
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