The Tribune

IN the wake of the court ruling that saw $1.6bn being awarded to Sarkis Izmirlian in the court battle with China Construction America, the government gave a quick response. It was brief, it was non-committal, but it was quick.

A note posted by the Office of the Prime Minister stated: “Prime Minister Davis directed Attorney General Ryan Pinder to conduct a review of the recent ruling issued by the Supreme Court of the State of New York in the case of BML Properties versus China Construction America.

“The Prime Minister has stated that the government will await the advice of the Office of the Attorney General and Legal Affairs before making any further comments or decisions regarding the findings of the ruling.”

Whether that is satisfactory or not, it is at least a clear commitment on the part of Prime Minister Philip Davis to allow a review to take place before commenting.

What, then, are we to make of PLP chairman Fred Mitchell?

As reported in yesterday’s Tribune, Mr Mitchell weighed in on the matter unencumbered by the need for the outcome of that review.

He said of “all of the salacious stuff which came out of the developer’s statement about how there was a collusion with corrupt behaviour officials, there is no evidence of that”.

He urged Bahamians to be “sceptical” about anything that arises concerning the judgement, and said: “It is unfortunate that you have an investor having lost an investment, largely by what happened out of his own hand, now seeking to ascribe blame to others, but the main issue for us is The Bahamas government has no liability which arises out of this. Baha Mar is safe as an investment.”

In the case, held in New York, Justice Andrew Borrok ruled that Mr Izmirlian’s fraud claim against CCA was “established beyond doubt”, and that the contractor “knowingly and falsely” promised to meet the revised March 27, 2015, opening date for Baha Mar while concealing the unlikelihood of achieving it. CCA has said it will appeal – and we shall see when and if that is filed.

The case also saw the judge rule that $2.3m paid by CCA to a company run by the son of then Prime Minister Perry Christie’s top advisor, Sir Baltron Bethel, was intended to “curry favour” and “gain access”. Sir Baltron and his son have denied any wrongdoing.

There is plenty to talk about the issues surrounding the case, of course – but let’s focus on Mr Mitchell for now.

The Prime Minister has said there will be no further comments or decisions regarding the findings until the outcome of the review.

The PLP party chairman has now proceeded to make comments regarding the court findings.

Mr Mitchell also wears a hat as Foreign Affairs Minister – part of the Cabinet. So why is he making comment when the leader of the government has said there will be no such comment? Cabinet has a collective responsibility, after all.

Meanwhile, Attorney General Ryan Pinder is now tasked with carrying out a review while his party chairman has already come out and said there is nothing to see here, move along.

Other senior figures have spoken about the matter – but in more general terms. The Health and Wellness Minister, Dr Michael Darville, has said this will not affect issues involving the construction of the new hospital, while Deputy Prime Minister Chester Cooper notably said he “won’t delve into those matters” but reiterated the country was investor-friendly.

Mr Mitchell may well have had Mr Davis’ blessing to come out with a strong defence of the previous PLP administration – but frankly it is something to be addressed by Mr Davis himself rather than his Foreign Minister.

The silence has been broken – if comment is being given, then so should answers to questions. And of those, there are plenty.