NASSAU, BAHAMAS — The dispute over control of Old Bahama Bay Resort and Marina has escalated, with attorney Michael Scott KC accusing the police of intervening in a private commercial matter and alleging that political influence may have played a role in the response.
Scott, who represents Lubert Adler–Old Bahama Bay (LRA-OBB), the entity that owns the West End resort, claims police involvement has hindered his clients’ efforts to regain control of the property from Island Ventures Resort and Club (IVRC), the company led by John MacDonald.
He alleges that officers have assisted IVRC employees in accessing the property despite what he says is a lawful repossession effort following the cancellation of the company’s management licence.
“There was a licence between my clients, who are LRA-OBB at West End, and John McDonald, which was a month-to-month licence, which has been revoked because of their failure to meet various obligations to my clients under that licence arrangement,” Scott said.
Scott described the agreement as a limited licence rather than ownership or tenancy rights.
“That was just a bare licence. It’s like staying in a hotel room,” he said. “When you rent a hotel, you have to sign in, and you sign the guest register, and you also sign the registration form, which gives the hotel the right to evict you if you don’t behave appropriately, or you don’t pay your bill, or whatever.”
He said the same principle applied to IVRC’s arrangement at Old Bahama Bay.
“John McDonald and his company, IVRC, were given a licence to operate the marina and certain other facilities at the premises at Old Bahama Bay, and as a result of not keeping or maintaining the promises, which we call covenants and conditions under the licence, it has been revoked,” Scott said.
Scott claimed attempts to regain possession of the property have been delayed because of police involvement.
“It has not succeeded because the police, on the instructions of some persons suspected to be members of the governing party, have intervened to direct the police to passively resist this repossession,” he alleged.
Scott further claimed officers have gone onto the property and assisted employees of IVRC.
“They’ve been doing so by going on the property and taking people who are employees of IVRC and escorting them onto the property,” he said.
“The police have no authority to do that. This is a civil matter.”
When asked whether he believed political motivation was behind the situation, Scott responded:
“Yes, I do.”
Scott said the police’s involvement was unusual, arguing that the role of law enforcement in civil disputes is limited to maintaining order.
“The interference of the police whose only role is to keep the peace, and the interference by them in a private commercial matter is unheard of,” he said.
Scott said he has attempted to raise the issue with senior police officials, including the Commissioner of Police, but claimed he has not received a response.
“I’ve attempted to reach the Commissioner of Police three or four times. I’ve done it by way of correspondence,” Scott said.
“She’s not responded or even acknowledged my correspondence. I’ve attempted to reach her at the telephone. I’ve left her messages.”
Scott said he believes the matter requires attention because of what he considers to be police involvement in a civil dispute.
Scott stressed that he does not consider the dispute to be criminal.
“It’s not a criminal matter,” he said. “It does not involve their only role in a civil or purely commercial matter like possession of property, real estate, which is to ensure that when persons are removed or evicted that it’s done peaceably and there is no violence or unlawful behaviour on the part of anyone.”
The allegations come as LRA-OBB moves to transition operations at Old Bahama Bay after a prolonged dispute with IVRC, which has managed the resort on behalf of condominium owners since 2011.
LRA-OBB maintains that IVRC’s authority to operate the property ended after its licence was revoked, while IVRC has disputed that position and maintained that it should not be removed without a formal court eviction process.
The ownership group has sought to transition operations to Kingwood International Resorts, while IVRC has resisted the takeover.
The dispute has also expanded into financial and valuation issues, including claims involving outstanding VAT, real property taxes and marina dockage fees, as well as competing valuations of the property.
Scott said discussions are ongoing regarding the future of employees at the resort but declined to provide details.
He did say, however, that he expects existing employees will continue to have opportunities under a future operating arrangement.
“Going forward, long-term, the existing employees at the property will be re-engaged in a different capacity or through different auspices,” Scott said.
