NASSAU, BAHAMAS- A Bahamian entrepreneur says he remains hopeful for a “diplomatic” resolution to his years-long battle to gain full approval for his Paradise Island lighthouse restoration and beach club project, having now launched an appeal against Chief Justice Ian Winder’s ruling that he had no valid lease agreement.
Chief Justice Winder back in February ruled that regrettably there was no binding lease agreement between Smith’s Paradise Island Lighthouse and Beach Club Company Ltd and then minister responsible for Crown Lands former Prime Minister Dr Hubert Minnis because the latter had not executed the necessary paperwork by applying his signature.
In a notice of appeal however Smith contends that the Chief Justice erred in law when he decided that the primary issue to be dealt with was whether there was an agreement for a lease, however instead, the primary issue he dealt with was whether there was in fact a lease.
“The learned Chief Justice erred in law and in fact by failing to consider that the appellant did have a written lease which was engrossed by the Lessee and forward with consideration in full as provided for in the lease. In other words the appellant had fully satisfied all obligations expressly provided for in the lease with nothing left for him to do,” Smith notice of appeal filed on March 30th noted.
Among other grounds, Smith contends that the Chief Justice erred by failing to consider that the Office of the Prime Minister was in breach of its statutory duty by failing to follow the conclusion of the Cabinet of The Bahamas and a specific directive to execute the lease after it was returned duly executed and sealed by the him with a bank cheque for the requisite payment.
“Also, there was no explanation proffered as to why the Leassor (OPM) delayed or refused to sign, until it was announced that RCI had been favoured for a lease of similar nature, terms and conditions over the subject property.”
Smith also contends that Chief Justice Winder had failed to consider that the OPM’s only explanation and admitted motivation to breach the agreement to enter a lease with him was that it had procured ‘a bigger deal for $100 million as opposed to his for $3 million.
Smith noted in a press release that the objective of his company is to restore the Paradise “Hog” Island Lighthouse and bring greater beach access for Bahamians to Crown Land remains.
“Built in 1817, this light station is the oldest, of twelve, in The Bahamas and most frequently seen. This silent sentinel, at our country’s gateway, and guide to our safe harbor of New Providence has not been maintained since before our independence. A beautiful feat of engineering for the purpose of navigation, a signal of hope and salvation, left to fall apart, like many of our other historical “public“ buildings,” said Smith.
He added, “The Bahamian public and wider community wishes to see our project move ahead and the buildings preserved as stunning examples of yesteryear. Paradise Island Lighthouse & Beach Club is bringing about change for Bahamians and our guests to enjoy a fully restored lighthouse and greater access to our Crown Land and beautiful beaches. Our project was founded on restoring this light station at no charge to the Bahamian people and we have not waivered.”
