Save Guana Cay group promises to continue fight to 'the bitter end'

By JEREMY FRANCIS

Freeport News Reporter

Had the developers of the environmentally-controversial Baker's Bay Golf and Ocean Club development at North Guana Cay not tendered an undertaking agreeing to cease work on their project in the Court of Appeal Wednesday, an interlocutory injunction would have been ordered by the Court in favour of the Save Guana Cay Reef Association.

Save Guana Cay Reef President Troy D. Albury made this startling revelation on Thursday, one day after the Court of Appeal overturned a decision by Supreme Court Justice Stephen Isaac in May dismissing the SGCRA's judicial review action filed in connection with the development.

With the Court of Appeal ruling that Justice Isaac's judgment was wrong, the matter will now go back on trial before a different judge before January 31, 2006.

In a written statement, Mr. Albury said that once the judges who presided over the appeal case had overturned Justice Isaac's ruling, they concluded that an injunction would be filed against development because the SGCRA's case was so well-founded and they wanted to avoid further environmental damage pending the retrial.

"At this point the developers knew an injunction would be ordered, so they agreed to stop work voluntarily in order to avoid the embarrassment of having an injunction against them," Mr. Albury said, claiming that the developers' tale of stopping work to protect the environment was a blatant lie.

Mr. Albury was referring to a letter submitted to the Court of Appeal Wednesday by Michael L. Barnett, attorney for the developers. The undertaking pledged the following:

* The developers and their employees and agents shall not cut down or remove any vegetation or trees.

* The developers and their employees and agents shall not disturb or remove any mangrove or wetlands.

* The developers and their employees and agents shall not excavate or dredge the land or seabed.

* The developers and their employees and agents shall not erect any further buildings or structures on the land.

* The developers and their employees and agents shall not construct or pave any further roads.

"We are very happy with the judges, and we agree that there was no clear reason given for the revocation of the leave for judicial review and look forward to our day in court," Mr. Albury said. "This is a fight for Guana Cay, Abaco, and the entire Bahamas, and we will continue to fight until the bitter end."

Equally as happy as Mr. Albury that justice was ruled in favour of the SGCRA is the Association's attorney, Fred Smith, who said Justice Isaac's ruling was based on the fact that he didn't feel the SGCRA had the ability to sue on behalf of Guana Cay landowners and residents.

"The significance of this judgment is that it should send a clear message to the government and to developers that they cannot sidestep local rights, that the environment is to be protected, and that the Courts are willing to protect the environment and uphold the law," Mr. Smith stated.

"The main challenge by Save Guana Cay is on the basis that the residents and landowners of Guana Cay, the people, the Bahamian citizens, and the winter residents, the foreigners who own land there, they have been ignored, they have been intimidated, they have been bamboozled, and they've just been completely sidestepped."

Some of those very same landowners and residents will have the opportunity to act as plaintiffs in the upcoming retrial.

© 2005 The Freeport News