The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

The Supreme Court trial to determine ownership of more than 300 acres on Long Island, which a blind Bahamian alleges he was deceived into signing away for a pittance, has been pushed back to January 2025.

Sir Ian Winder, in a brief December 9, 2024, verdict said last-minute legal filings by relatives of David Lawrence Adderley on the day the case was due to be heard forced its adjournment until the New Year so as not to prejudice the interests of a US-based Christian TV and radio network.

Nevertheless, the Chief Justice awarded Three Angels Broadcasting Network and its principals, plus its US and Bahamian attorneys, a combined $12,065 to cover costs incurred in attending the aborted November 11, 2024, hearing which must be paid by Mr Adderley’s family.

Three Angels’ bid to “quiet” a 304-acre site located at Dean’s, some four miles west of Clarence Town on Long Island, using the Quieting Titles Act to confirm its ownership and obtain a certificate of title is the latest move in a controversy involving a six-year legal battle in both the Florida and Bahamian courts.

Legal documents obtained by Tribune Business reveal how David Adderley, a “legally blind” former US army ranger with dual Bahamian and US citizenship, launched legal action against Three Angels, its principals and legal advisers in the south Florida federal courts in 2018 over a series of real estate transactions that were completed six to seven years earlier.

Via three separate conveyances he was allegedly deceived into signing in 2011 and 2012 based on “fraudulent misrepresentations” by Three Angels and its attorneys, David Adderley claimed he transferred an entire 419-acre tract to the Christian broadcaster instead of what he thought was just a small portion of this site for it to use as a “sanctuary and for other religious purposes”.

The end result was that he signed away land said to be valued at between $22.9m and $32m for just $150,000, according to the lawsuit, which would have represented a massive discount for Three Angels. And he is claiming that he has yet to receive a single cent of the promised $150,000.

However, Three Angels and its founder, Danny Shelton, vehemently denied they had perpetrated what the blind Bahamian’s attorneys alleged was a “sham/fraud” on their client.

“We disagree with your contentions that there was any fraud or coercion involved in either the establishment of the trust or the transfer of the real property. We further believe that the intention was to transfer the entirety of the property, not the one or two acres that you are now discussing,” attorneys for Three Angels and Mr Shelton countered on May 4, 2018.

They subsequently argued that Mr Adderley’s case was “ripe for dismissal” but, after Judge Robert Scola only threw out some - but not all - of the former US army ranger’s grounds of complaint, Three Angels and its adversary ultimately sealed an undisclosed settlement of the Florida case on April 14, 2020, with both sides bearing their own legals costs.

This, though, has failed to end the legal battle and dispute over the land. For Ambrose Adderley, cousin of David Adderley, has filed an adverse claim against Three Angels’ quieting action claiming that he has used the site for subsistence farming and therefore has a possessory claim to its title. This is the fight Sir Ian and the Supreme Court now have to resolve via the January trial.

The controversy will likely raise new concerns about Bahamian land rights and ownership and the practices deep-pocketed investors use to acquire property in this nation. The disputed 304-acre site is said to be presently fenced off with ‘no trespassing’ signs placed around its boundaries by Three Angels, which has brought in construction equipment and cut roads as well as a wooden deck overlooking the sea. 

Mr Shelton, Three Angels’ founder, is now a permanent resident of The Bahamas and, together with his wife resides in Long Island. They were pictured with Prime Minister Philip Davis in May 2023 donating “jaws of life” equipment to rescue road accident victims. Media reports have suggested Mr Shelton and Three Angels plan to develop a health and wellness centre on the site, along with a real estate project.

Meanwhile Tribune Business can also reveal that the three conveyances at the centre of the dispute were drawn up by now-Supreme Court Justice Denise Lewis-Johnson before she was appointed to the bench. There is no suggestion that she did anything wrong when she drew up the documents, which transferred the land from David Adderley to Three Angels, when still in private practice with the Lewis & Longley law firm.

Online research by this newspaper uncovered that Justice Lewis-Johnson is a Seventh Day Adventist, which is the same Christian denomination that David Adderley and his father belonged to. And Three Angels, while described as a non-profit for US legal purposes, states on its website that “many of our employees and volunteers are members of the Seventh-day Adventist Church”.

“Adderley grew up in the faith of the Seventh Day Adventist Church, and Adderley has been a parishioner and firm believer in the doctrines and theology of the Seventh Day Adventist Church from birth throughout his childhood, adulthood and entire life,” David Adderley’s revised 2018 Florida lawsuit alleged.

“Due to his lifelong religious convictions and parishioner relationship with his church, Adderley discussed the donation of a small portion of his existing property along Queens Highway to his church to build a sanctuary and for other religious purposes to carry out the wishes of his father, Wellington Adderley.”

The action alleged that Roy Hunt, a Three Angels director, promised “they would facilitate the donation and/or use of a small portion of his property to Three Angels for building of a sanctuary and other religious purposes consistent with the beliefs of the Seventh Day Adventist Church.

“Adderley trusted Hunt and Three Angels to be truthful and moral in character because he thought Hunt and Three Angels were working in conjunction with the beliefs, doctrines and mission of his church,” the lawsuit added.

Three Angels allegedly hired US attorneys to create a “charitable” trust to facilitate the property’s transfer from David Adderley to itself, but “although there were discussions about donating a small portion of Adderley’s property, there was never any final determination made as to the portion of property Adderley intended to donate to Three Angels”.

David Adderley and his US attorneys claimed that he signed the trust documents despite having no independent legal advice or presence. “Moreover, since Adderley is legally blind, he could not read the documents prior to execution. Instead, he relied on the representations made by Three Angels and Hunt, which representations were false,” the lawsuit claimed.

“The 419-acre tract, valued at approximately $32m, belonging to Adderley represents a substantial portion of Adderley’s estate assets..... Hunt, [Richard] Benton and Three Angels retained the services of J. Denise Lewis- Johnson of Lewis & Longley in The Bahamas to prepare three indentures of conveyance for Adderley to execute.

“In December 2011, Hunt and the representatives of Three Angels informed Adderley that they were going to take him to the Bahamian Embassy in Miami, Florida, to discuss the donation of a small portion of his property for the benefit of Three Angels for the building of a sanctuary and for religious purposes consistent with the beliefs of his church.

“Adderley purportedly signed the following three indentures of conveyance prepared by Lewis & Longley, all of which are dated December 30, 2011, notarised on January 24, 2012, and contain an affidavit of Bahamian citizenship signed and notarised on May 8, 2012.”

According to the conveyances, David Adderley was supposed to receive a $50,000 purchase price for each land parcel making for a $150,000 total. However, the Florida lawsuit claimed: “Adderley never received any consideration for any of the indentures of conveyance, and even if he had received $150,000, such consideration was grossly inadequate for the transfer of property valued at $22.9m....

“Hunt and Three Angels’ representatives never disclosed to Adderley that the three indentures of conveyance were for the transfer of his entire 419 acre tract. Despite Hunt and Three Angels’ misrepresentations and omissions, the indentures of conveyance signed by Adderley transferred the entire 419-acre tract.” The 304 acres now before the Chief Justice are part of this parcel.

Three Angels received an Investments Board permit, approving its Long Island land acquisition, on August 31, 2012 - a date now more than 12 years ago. The Florida lawsuit alleged, though, that David Adderley only understood the consequences of the transactions he had signed-off on in 2016 when he hired an independent attorney to help sell the Long Island property.

His attorneys, in a March 26, 2018, letter to Mr Shelton, demanded that Three Angels cease entering and working on the Long Island property. “As you must be aware, Mr Adderley is blind. While Mr Adderley may be blind, he is completely cognisant and understands fully what he is saying and has a clear memory as to what transpired with the church and Three Angels,” his Florida counsel wrote.

“Mr Adderley trusted his church and Three Angels, which he thought at that time was the charitable division of his church, to carry out his intentions with a portion of his property no larger than one or two acres for use as a church sanctuary.

“Unfortunately, it is clear that Three Angels, which we now understand to be a wholly separate entity from the church, had Mr Adderley sign documents which purport to transfer his property to a “charitable trust. Mr Adderley is adamant that no discussion ever took place regarding any trust and he never has had an intention to donate his entire property to Three Angels or to a trust in his name.”

David Adderley’s attorneys then referred to an affidavit he was set to file in the Bahamian courts, adding: “The statement and sworn testimony of Mr Adderley are alarming and raise allegations of fraud and undue influence against Three Angels and its representatives.

“This serious matter requires an immediate resolution, including the execution of all necessary documents to terminate any so-called trust and ensure Mr Adderley is the rightful owner of his property.” Three Angels and its attorneys were unmoved.

“We are in disagreement with you in your contentions that the trust is invalid,” they replied. “We believe that Mr Adderley had a number of meetings with Three Angels regarding a proposed gift to the entity. Those discussions culminated in the drafting and signing of a trust on August 22, 2011.

“The transfer of the real estate to the trust occurred shortly thereafter. We believe that the establishment of the trust was valid and that the transfer of real estate was also validly accomplished.... Three Angels is willing to do whatever is necessary to uphold the transfers to the trust.”

Three Angels is being represented in the Supreme Court quieting action by Luther McDonald KC, Keri Sherman and Rashea Newbold of Alexiou, Knowles & Company. Bradley Cooper is the legal representative for Ambrose Adderley, the adverse claimant.