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Judicial Reviews Still Ongoing

The Clifton Review

The Clifton Review is a tri-weekly column that examines the question of the Clifton project along with the evolution of the war between two billionaires, the links to unsavory characters, the use of the courts for personal agendas, the involvement of a political party, and the attacks on the Government of The Bahamas.

We covered the start of this war with articles describing the battle over easement rights, the mysterious burning of a home, the blocks to rebuilding, and countless questionable court filings. This series of articles asks the needed questions and presents the arguments in full.

Judicial Reviews Still Ongoing

By P.J. Malone

Judicial Reviews in the efforts to stop fashion mogul Peter Nygard from rebuilding his home, after a mysterious fire destroyed it, are still ongoing. Eight years later, he has still not been allowed to rebuild.

Peter Nygard always felt that he was singled out for unfair treatment as a 2014 press release written on behalf of Peter Nygard explained: “Recent media reports regarding efforts to re-build Nygard Cay have not been presented accurately”.

It further stated:

Peter Nygard has been a champion of the Bahamas and specifically the preservation of Simms Point and Jaws Beach for more than 30 years. Mr. Nygard fully supports protecting the environment of the Bahamas. It is the natural beauty of the island which led him to choose this country for his home.

The current judicial review applications, which have been filed in court over the last 2 weeks, are an attempt to change the government process. They present no new environmental assessments. In 2010, Mr. Nygard made an application to the Government for permits regarding the reconstruction of his private residence. Since filing for the permits Mr. Nygard has fully cooperated during a long wait period of 4 years. The required environmental assessments have been completed and are in the hands of the Government, including the most recent assessment completed in February 2014. These assessments confirm that there has never been any adverse environmental impact caused by Nygard activities.

There has been more than enough time to complete proper reviews and assessments and Mr. Nygard has been more than patient. Oddly, it now appears Mr. Nygard’s simple application for permits has been hand selected and used improperly by “Save the Bays”, an organization that is the front for the very secretive Louis Bacon who is the owner of Moore Capital Management.

The statement declared that there had been orchestrated attacks on Mr. Nygard by his neighbour, Louis Bacon. It went on to express the following:

“Now ‘Save The Bays’ is focusing on the re-building of a private home while publicly stating their issue is the government process.” Additionally, it presented the following:

The documents related to construction activities at Nygard Cay clearly show permission to build on government land and the promise by the government of a lease of that property was obtained in a letter from the Lands and Survey Director Mr. Garraway. Mr. Nygard simply wants to re-build and restore his home following a devastating fire in 2009 that left 70% of the home in ruins.

These new judicial review claims are nothing more than on-gong “legal stalling” tactics which have been waged by Louis Bacon for more than 5 years now. The recent judicial review claims have not included any new environmental assessments. In fact none has been provided by the group who call themselves “Save The Bay” or by any other parties protesting the government process. It is the legal duty of the Government to review the permit application and it has completed its due diligence.

Back in 2014, the press release was being reported on and posted by the Canadian Broadcasting Corporation’s website—the same CBC who has producers and host accused in court of airing a show in April of 2010 that knowingly used individuals who were not credible and knowingly used information that could be false against Peter Nygard.

A Manitoba court in Canada held in 2015 that certain associates of the Canadian Broadcasting Corporation “may be guilty of defamatory libel”, and therefore the criminal prosecution against the CBC could proceed.

The CBC’s attempts to have the case thrown out were denied by a Manitoba court of appeal.

Written by Jones Bahamas

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