BTC unions lose court battle
By KEVA LIGHTBOURNE
Guardian Senior Reporter
kdl@nasguard.com
Supreme Court Justice Neville Adderley yesterday threw out a court action filed by Bahamas Telecommunications Company unions seeking to block the sale of a 51 percent stake in BTC to Cable and Wireless Communications (CWC).
The Bahamas Communications and Public Officers Union (BCPOU) and the Bahamas Communications and Public Managers Union (BCPMU) were seeking an injunction to stop the government from selling BTC.
Attorney Maurice Glinton, who represented the unions, confirmed to The Nassau Guardian that they plan to appeal the decision. He could not say at the time when the necessary documents would be filed.
In his ruling, Adderley said the BCPOU and BCPMU and their trustees lacked the legal capacity to institute and maintain the action in their own names.
“Hence the action is a nullity and so the granting of an injunction pending its hearing does not arise,” Adderley said.
“Alternatively, the evidence has not disclosed that any of their private legal rights are being infringed or threatened or need to be enforced or declared, as they have not established an interest recognized by law as being direct and substantial enough in the subject matter of the action to give them locus standi to commence the action to claim the remedies set forth in the writ.
“For the foregoing reasons, I strike out the writ and dismiss the action.”
Adderley also ordered that the unions pay costs in the matter.
In their writ, the unions contended that the government has no authority to sell BTC because an act of Parliament made the Bahamas Telecommunications Corporation (BaTelCo) a self-owning and self-sustaining entity.
Their claim is that consequently the divested assets are now held by BTC in trust for BaTelCo.
Adderley said there is no express power in the Industrial Relations Act that gives unions the capacity or power to sue for declarations outside their statutory objects.
Adderley said even if they had the capacity to sue for the matters in question, he considered whether they had a legal interest to sue for the relief claimed.
Last week, the government signed a shareholder’s agreement and a share purchase agreement with CWC, and Prime Minister Hubert Ingraham tabled the memorandum of understanding between the two entities in the House of Assembly along with related documents.
Yesterday, BCPOU President Bernard Evans said the ruling has in no way halted the union’s efforts to stop the sale of BTC.
“We never really rested all of our efforts on this court case, even though we knew we had good grounds and it is a landmark case. But we never wanted to leave any stone unturned. We will continue to do our stuff because this is not over by a long shot,” Evans said.
“We are going to fight this on all fronts. Whatever it takes, we are going to take our time and get to it.”
Evans shot down claims by the Free National Movement that the majority of Bahamians support the sale of BTC to Cable and Wireless.
“I saw in the paper where the FNM government believe that they have the majority of the people, they keep putting us in the minority. Well the day of reckoning is coming when we will know who has the majority,” Evans said.
The deal between the government and CWC calls for the shares to be sold for $210 million, as well as a stamp duty of $7 million. Eventually, 25 percent of the shares in the company will be offered to Bahamians, the government has said.
2/15/2011
thenassauguardian
A political blog about Bahamian politics in The Bahamas, Bahamian Politicans - and the entire Bahamas political lot. Bahamian Blogger Dennis Dames keeps you updated on the political news and views throughout the islands of The Bahamas without fear or favor. Bahamian Politicians and the Bahamian Political Arena: Updates one Post at a time on Bahamas Politics and Bahamas Politicans; and their local, regional and international policies and perspectives.
Showing posts with label Neville Adderley. Show all posts
Showing posts with label Neville Adderley. Show all posts
Tuesday, February 15, 2011
Wednesday, January 6, 2010
Free National Movement (FNM) chairman Carl Bethel rejects government manipulation claims in Malcolm Adderley's expected appointment
BY STAFF WRITER ~ Guardian News Desk:
The back and forth between both major political parties in the country regarding the recent resignation of Elizabeth MP Malcolm Adderley from Parliament and the Progressive Liberal Party continued yesterday, with Free National Movement chairman Carl Bethel rejecting the suggestion by the opposition that the government manipulated the constitution to facilitate Adderley's expected appointment as a Supreme Court justice.
"We understand why [PLP Leader Perry] Christie and [PLP chairman Bradley] Roberts are in a state of panic," Bethel said in a statement sent out yesterday evening. "This is the second member of Parliament they are losing since the last election and the whole country knows that the PLP is fractured and in a state of chaos.
"So that is why they are making extreme and desperate statements and seeking to place the blame on others for the state in which they find themselves. And of course, it is easy to blame Prime Minister Hubert Ingraham for their political woes. But the truth is that Mr. Ingraham is in no way responsible for the state of affairs in which the PLP leaders find themselves, and their allegation of constitutional manipulation is utter nonsense."
Bethel claimed that "the facts of the matter are very simple and easy to understand."
"In the first place, it has been public knowledge ever since the general election in 2007 that Mr. Adderley was no longer happy with the PLP and the leadership of Mr. Christie, for whatever reasons. Secondly, it has also been public knowledge that Mr. Adderley was interested in serving his country on the Supreme Court, having acted in that capacity previously," Bethel said.
"So it should surprise no one that upon his resignation from the House he may still be interested in becoming a judge. No one -- not even Mr. Christie and Mr. Roberts -- has challenged his qualifications."
Bethel also called the PLP's talk of politicizing the courts "rubbish".
"It is the policy of the FNM government and, we believe, of the Judicial and Legal Services Commission, to find qualified judges to serve in our high courts regardless of political affiliations," said Bethel. "That is why the Commission recommended the appointment of Mrs. Rubie Nottage to serve as a justice, presumably with no objections from Mr. Ingraham. There was public unease about that appointment not because she was PLP-affiliated but because of an alleged problem with the American government.
"Both former Chief Justice (Sir) Burton Hall and (Senior) Justice Jon Isaacs are known to have strong PLP family connections, and Justice Neville Adderley ran in elections twice on the PLP ticket before becoming a judge. And there were others with political backgrounds who have sat on the Supreme Court."
Bethel added: "The FNM did not object to any of them because they are qualified Bahamians. The PLP should try to be just as gracious when it comes to judges who may have had a connection with the FNM. After all, they are Bahamians too."
January 06, 2010
thenassauguardian
The back and forth between both major political parties in the country regarding the recent resignation of Elizabeth MP Malcolm Adderley from Parliament and the Progressive Liberal Party continued yesterday, with Free National Movement chairman Carl Bethel rejecting the suggestion by the opposition that the government manipulated the constitution to facilitate Adderley's expected appointment as a Supreme Court justice.
"We understand why [PLP Leader Perry] Christie and [PLP chairman Bradley] Roberts are in a state of panic," Bethel said in a statement sent out yesterday evening. "This is the second member of Parliament they are losing since the last election and the whole country knows that the PLP is fractured and in a state of chaos.
"So that is why they are making extreme and desperate statements and seeking to place the blame on others for the state in which they find themselves. And of course, it is easy to blame Prime Minister Hubert Ingraham for their political woes. But the truth is that Mr. Ingraham is in no way responsible for the state of affairs in which the PLP leaders find themselves, and their allegation of constitutional manipulation is utter nonsense."
Bethel claimed that "the facts of the matter are very simple and easy to understand."
"In the first place, it has been public knowledge ever since the general election in 2007 that Mr. Adderley was no longer happy with the PLP and the leadership of Mr. Christie, for whatever reasons. Secondly, it has also been public knowledge that Mr. Adderley was interested in serving his country on the Supreme Court, having acted in that capacity previously," Bethel said.
"So it should surprise no one that upon his resignation from the House he may still be interested in becoming a judge. No one -- not even Mr. Christie and Mr. Roberts -- has challenged his qualifications."
Bethel also called the PLP's talk of politicizing the courts "rubbish".
"It is the policy of the FNM government and, we believe, of the Judicial and Legal Services Commission, to find qualified judges to serve in our high courts regardless of political affiliations," said Bethel. "That is why the Commission recommended the appointment of Mrs. Rubie Nottage to serve as a justice, presumably with no objections from Mr. Ingraham. There was public unease about that appointment not because she was PLP-affiliated but because of an alleged problem with the American government.
"Both former Chief Justice (Sir) Burton Hall and (Senior) Justice Jon Isaacs are known to have strong PLP family connections, and Justice Neville Adderley ran in elections twice on the PLP ticket before becoming a judge. And there were others with political backgrounds who have sat on the Supreme Court."
Bethel added: "The FNM did not object to any of them because they are qualified Bahamians. The PLP should try to be just as gracious when it comes to judges who may have had a connection with the FNM. After all, they are Bahamians too."
January 06, 2010
thenassauguardian
Wednesday, February 25, 2004
Philip Galanis, Progressive Liberal Party (PLP) Senator was an Equal Partner in Island Fresh Dairy Ltd
Island Fresh Dairy requested 100 acres of government land be deeded and conveyed directly to it
The company, Island Fresh Dairy Limited, requested the lease of an additional 3,500 acres of land, located South of Spring City between Marsh Harbour and Cherokee Sound, Abaco, estimated to be worth $30.4 million
Abaco Land Deal Exposed
25/02/2004
Documents obtained in a Bahama Journal investigation show that Progressive Liberal Party Senator Philip Galanis was an equal partner in a company that requested 100 acres of government land be deeded and conveyed directly to it.
But Mr. Galanis, an accountant, told the Journal last night that he no longer has any interest in the company. The Senator made it clear that there was nothing unethical about his actions, particularly since he is not a member of the Cabinet.
He said that it is not unusual for lawyers and accountants to be named as shareholders in the companies that they are helping to set up.
The company, Island Fresh Dairy Limited, requested the lease of an additional 3,500 acres of land, located South of Spring City between Marsh Harbour and Cherokee Sound, Abaco, estimated to be worth $30.4 million.
The deal was outlined in a letter to Gary Sawyer, president of the company. That letter, dated July 29, 2003, was signed by then Bahamas Agricultural and Industrial Corporation Chairman Sidney Stubbs.
Regarding the company's request for land, Mr. Stubbs wrote, "I would like to confirm to you that in principal, this objective can be achieved."
He also wrote, "In order for you to proceed with this project and for us to provide you with a formal definite commitment from BAIC including specific terms for this venture, we would invite you to formally submit the aforementioned business plan and feasibility study for our consideration. We look forward to working with you on this venture."
At his party's national convention last November, Prime Minister Perry Christie announced that the company was about to carry out a major investment involving Bahamian and American partners in Abaco.
"This major farm initiative is projected to provide dairy products both for the local and export markets," the prime minister said.
A letter from Galanis & Co., dated August 7, 2003, to company principals, shows where the firm billed the company as follows: incorporation fee, $2,000; engagement fee $50,000: expense retainer, $25,000; business plan fee $30,000; and miscellaneous expenses, $1,000 for a total of $108,000.
Mr. Galanis said last night that he would be interested in seeing this breakdown as he could not recall whether it was in fact accurate given that he deals with many transactions.
But he did say the $108,000 did not represent professional fees.
The letter states that the total works out to $18,000 per shareholder. Galanis & Co. instructed that the funds be wired through a New York Bank, Bank One International Corporation, for further credit to Scotiabank Bahamas Limited.
The business plan itself, dated September 2003, lists Mr. Galanis as a founding member of Island Fresh Dairy Ltd., with a 14.167 percent shareholding.
Other principals included Gary Sawyer, who has a 14.166 percent shareholding.
The remaining founders listed are Michael Albury (14.166 percent); Robert Malone (14.167 percent); David P. Sumrall (14.167 percent)- Marcus B. Peperzak (14.167 percent) and BAIC (15 percent).
BAIC reportedly would be entitled to 15 percent of the profits as a result of the transfer of the land to the company.
But Mr. Galanis said as far as he knew, that transfer never took place. He said it was also not unusual for a government agency to gain ownership in a company through the transfer of land.
The executive summary of Island Fresh Dairy business plan said, "The Bahamian government, including the prime minister, is enthusiastically supportive of the project, and is prepared to extend assistance. BAIC has offered to deed IFD with 3,800 acres of high quality crop land with excellent water resources on Great Abaco Island."
A letter, dated September 16, 2003, written to the attention of Gary Sawyer, from James H. Newbold, the government appointed assessor, valued the land at $30.4 million.
The foreign investor Marcus B. Peperzak and David P. Sumrall, along with the other investors were proposing to put $1,050,000 cash into the project, according to documents obtained in the Journal investigation.
Among the list of professionals listed as providing advice to Island Fresh Dairy are attorney Neville K. Adderley, who is also noted in the document as being the Chairman of The Bahamas Development Bank.
The Island Fresh Dairy business plan said that the board has discussed two possible strategies for investor liquidity. These options are: "Based on the growth projections for the domestic Bahamas market, Island Fresh Dairy believes we will reach output capacity within our second year of operation. We can continue to supply the local market at our capped output, or put into place an expansion plan, which could expand the existing farm or create a second operation. In order to do so we would need to raise additional capital. The ideal platform to do this would be launching an IPO through the Bahamas Securities Exchange."
It added that, "The second exit strategy would be to sell the business. Island Fresh Dairy's presence in The Bahamian market will dramatically impact the existing import brands' market share and they will want to explore avenues to recoup that share. The combination of high forage output land, a state of the art dairy operation, and the ability to produce and ship at a significantly lower cost, will make Island Fresh Dairy a most attractive take over target."
As the Journal was carrying out its investigation, the Free National Movement was also uncovering the facts of the deal.
The party sought to link the resignation of Edison Key from the Senate to the Island Fresh Dairy Farm deal.
"With the resignation of Edison Key from the Senate and from the PLP, it has become apparent that an undisclosed grievance is the strong suggestion that influence-peddling and conflict of interest is rife in the government of Prime Minister Perry Christie.
Bahamians are also now satisfied that one of the problems affecting the Christie PLP government is their apparent inability or unwillingness to make their actions live up to their word."
But Mr. Galanis warned that, "The FNM ought to be very careful about the statements that they make because they may find that will end up with a lawsuit for libel."
"They are trying to spread lies and spread political mischief," Mr. Galanis said. "They are grasping for straws."
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