Guana Cay local
07-30-06, - 11:01 PM
Privy Council orders Developers to continue to abide by November 2005 undertaking to stop work at Bakers Bay Development on Guana Cay
27.7.06
The Privy Council today ordered a stay of the Court of Appeal Ruling dated May 8, 2006 releasing the Developers at Bakers Bay in Guana Cay from their undertaking not to continue with any physical works at Guana Cay.
On Tuesday, July 25, 2006, the Save Guana Cay Reef Association filed its Petition for special leave to appeal to the Privy Council against the May 8 decision of the Bahamas Court of Appeal releasing the Developers of their November 2005 undertaking to stop work in Guana Cay.
In the application for special leave to appeal, the Association asked for a stay of the Court of Appeal's decision and for the reinstatement of the undertaking by the Developers to stop work until the Supreme Court gave its judgment.
As a result of the May 8 decision of the Court of Appeal, the Developers were released of their undertaking if Justice Carroll in the Supreme Court in Freeport did not, by May 31 2006, deliver his ruling on the judicial review application.
Todate, Justice Carroll has not issued his Ruling in what is admittedly a very complex and complicated case for the Bahamas.
In June 2006, as a result of the Court of Appeal decision, the Bakers Bay Developers started working again; clearing forests, burning trees, dredging the beaches, dredging the mangroves, and destroying the physical and marine environments.
The Association had opposed the motion in the Court of Appeal by Bakers Bay to be released from their undertaking on the ground that it was causing irreparable damage to the environment. The Association also filed a motion in the Court of Appeal asking for an injunction in the event that the Developers were to be released of the undertaking.
The Association also sought an injunction against the Secretary to the Cabinet, the Prime Minister as the Minister responsible for Crown Lands and the Treasurer of the Bahamas.
The Association also applied to commit the Developers for breach of their undertaking.
A copy of the undertaking is attached.
In the May 8 decision, the Bahamas Court of Appeal ruled that there was no evidence to indicate breach of the undertaking and consequently did not order committal of the officers and directors of the Developers. There is still a committal action before the Supreme Court. The Court of Appeal said that they did not consider the undertaking should last indefinitely.
The Court of Appeal also said that they regarded the Association's application for an injunction as misconceived, dismissing it and ordering the Association to pay the costs of the Government.
Subsequently, on June 28, 2006, the Association applied to the Bahamas Court of Appeal for permission to appeal the May 8 decision of the Court of Appeal to the Privy Council.
The Court of Appeal dismissed the Association's motion for leave to appeal on the ground that the Court of Appeal did not have jurisdiction and also refused a second application for a stay of the Development pending an appeal to the Privy Council.
The Court of Appeal also ordered the Association to pay $8,000 in costs to the Government and $10,000 to the Developers.
Subsequently, on Tuesday, July 25, the Association filed its application for special leave to appeal in the Privy Council.
In view of the ongoing destruction of the environment, the Solicitor for the Association, Mr. Theo Solley of Muirhead and Co. and Counsel Ms. Ruth Jordon, were able to obtain an urgent hearing before the Privy Council today.
The Privy Council issued an injunction in the terms of the letter of November 22, 2005 from Graham Thompson & Co. until the Judgment of the Supreme Court or the Petition for Special Leave whichever is the earlier, with liberty to the Developers to apply to discharge the order by 48 hours notice.
The Board was Lord Scott, Lord Brown and Lady Hale.
Photographs showing the extent of the ongoing devastating and destructive work to the environment are attached to the next email which may be published.
Mr. Smith, Counsel to the Association, said:
"This appeal before the Privy Council comes in a long line of continuing applications being mounted by the people of Guana Cay through their Association to protect and preserve their rights and the environment.
The people of Guana Cay remain serious, committed and determined to fight for their rights and they anxiously await the decision of Justice Carroll on the merits of the judicial review application.
The people of Guana Cay vow to continue the fight.
The people of Guana Cay are dancing and celebrating in the streets".
27.7.06
The Privy Council today ordered a stay of the Court of Appeal Ruling dated May 8, 2006 releasing the Developers at Bakers Bay in Guana Cay from their undertaking not to continue with any physical works at Guana Cay.
On Tuesday, July 25, 2006, the Save Guana Cay Reef Association filed its Petition for special leave to appeal to the Privy Council against the May 8 decision of the Bahamas Court of Appeal releasing the Developers of their November 2005 undertaking to stop work in Guana Cay.
In the application for special leave to appeal, the Association asked for a stay of the Court of Appeal's decision and for the reinstatement of the undertaking by the Developers to stop work until the Supreme Court gave its judgment.
As a result of the May 8 decision of the Court of Appeal, the Developers were released of their undertaking if Justice Carroll in the Supreme Court in Freeport did not, by May 31 2006, deliver his ruling on the judicial review application.
Todate, Justice Carroll has not issued his Ruling in what is admittedly a very complex and complicated case for the Bahamas.
In June 2006, as a result of the Court of Appeal decision, the Bakers Bay Developers started working again; clearing forests, burning trees, dredging the beaches, dredging the mangroves, and destroying the physical and marine environments.
The Association had opposed the motion in the Court of Appeal by Bakers Bay to be released from their undertaking on the ground that it was causing irreparable damage to the environment. The Association also filed a motion in the Court of Appeal asking for an injunction in the event that the Developers were to be released of the undertaking.
The Association also sought an injunction against the Secretary to the Cabinet, the Prime Minister as the Minister responsible for Crown Lands and the Treasurer of the Bahamas.
The Association also applied to commit the Developers for breach of their undertaking.
A copy of the undertaking is attached.
In the May 8 decision, the Bahamas Court of Appeal ruled that there was no evidence to indicate breach of the undertaking and consequently did not order committal of the officers and directors of the Developers. There is still a committal action before the Supreme Court. The Court of Appeal said that they did not consider the undertaking should last indefinitely.
The Court of Appeal also said that they regarded the Association's application for an injunction as misconceived, dismissing it and ordering the Association to pay the costs of the Government.
Subsequently, on June 28, 2006, the Association applied to the Bahamas Court of Appeal for permission to appeal the May 8 decision of the Court of Appeal to the Privy Council.
The Court of Appeal dismissed the Association's motion for leave to appeal on the ground that the Court of Appeal did not have jurisdiction and also refused a second application for a stay of the Development pending an appeal to the Privy Council.
The Court of Appeal also ordered the Association to pay $8,000 in costs to the Government and $10,000 to the Developers.
Subsequently, on Tuesday, July 25, the Association filed its application for special leave to appeal in the Privy Council.
In view of the ongoing destruction of the environment, the Solicitor for the Association, Mr. Theo Solley of Muirhead and Co. and Counsel Ms. Ruth Jordon, were able to obtain an urgent hearing before the Privy Council today.
The Privy Council issued an injunction in the terms of the letter of November 22, 2005 from Graham Thompson & Co. until the Judgment of the Supreme Court or the Petition for Special Leave whichever is the earlier, with liberty to the Developers to apply to discharge the order by 48 hours notice.
The Board was Lord Scott, Lord Brown and Lady Hale.
Photographs showing the extent of the ongoing devastating and destructive work to the environment are attached to the next email which may be published.
Mr. Smith, Counsel to the Association, said:
"This appeal before the Privy Council comes in a long line of continuing applications being mounted by the people of Guana Cay through their Association to protect and preserve their rights and the environment.
The people of Guana Cay remain serious, committed and determined to fight for their rights and they anxiously await the decision of Justice Carroll on the merits of the judicial review application.
The people of Guana Cay vow to continue the fight.
The people of Guana Cay are dancing and celebrating in the streets".