COMMONWEALTH OF THE BAHAMAS

IN THE SUPREME COURT 

Public Law Division 

In the Matter of an application for Judicial Review

B E T W E E N: 

THE QUEEN

and

WENDELL MAJOR
As Secretary to the National Economic Council

The First Respondent

- and -

THE MINISTER RESPONSIBLE FOR CROWN LANDS
In the person of the Honourable Mr Perry Gladstone Christie
Prime Minister of the Commonwealth of the Bahamas
The Second Respondent
- and -

THE TREASURER OF THE BAHAMAS
The Third Respondent
-and-

PASSERINE AT ABACO LIMITED
The Fourth Respondent
-and-

PASSERINE AT ABACO HOLDINGS LIMITED
The Fifth Respondent
-and-

BAKERS BAY LIMITED
The Sixth Respondent
-and-

BAKERS BAY HOA LIMITED
The Seventh Respondent
-and-

BAKERS BAY MARINA LIMITED
The Eighth Respondent
-and-

BAKERS BAY FOUNDATION LIMITED
The Ninth Respondent

Ex parte

SAVE GUANA CAY REEF ASSOCIATION LTD.
The First Applicant
- and -
AUBREY CLARKE
The Second Applicant

STATEMENT PURSUANT TO R.S.C 1978 ORD 52 R 2 (2)

To the Supreme Court

IN THE MATTER of an application by the above named Applicants for permission to apply for an order of Committal

1. The First Applicant is Save Guana Cay Reef Association Ltd. a Company incorporated in the Commonwealth of the Bahamas and having its registered office at Callenders & Co., Suite C, Regent Centre East, Freeport Grand Bahama, representing the interests of the residents and landowners of Guana Cay. The Second Applicant is Aubrey Clarke a resident of Guana Cay Abaco, Bahamas.

2. Subsequent to the Application before the Court of Appeal on November 22, 2005 and the Judgment of the Supreme Court dated May 26 2005 from which the Applicants originally appealed, Passerine at Abaco Limited, Passerine at Abaco Holdings Limited, Bakers Bay Limited, Bakers Bay HOA Limited, Bakers Bay Marina Limited and Bakes Bay Foundation Limited consented to be joined as parties to the Judicial Review application dated April 4, 2005. The said Companies are hereinafter referred to as the “Developers”.

3. On November 23, 2005 at the hearing before the Court of Appeal the Developers through their Counsel Mr. Michael Barnett gave an undertaking in the terms set out in a letter dated November 22, 2005 which is attached to the Affidavit in Support of the application for leave to apply for an order of committal, hereinafter referred to as the “Affidavit”. The undertaking was accepted by the Court of Appeal, the Respondents and the Applicants. The Officers and Directors of the Developers have throughout had knowledge and notice of the undertaking, not least because it must be inferred that they instructed their counsel to give the undertaking.

4. The Officers and Directors of the Fourth through Ninth Respondents are:

4.1 Joseph Arenson the Assistant Secretary, Treasurer and Director of
the Fourth through Ninth Respondents and resides at 100 California Street, San Francisco, California, U.S.A, and periodically in Marsh Harbour and Guana Cay The Abacos, Bahamas.

4.2 Steve Adelson the Secretary of the Fourth through Ninth Respondents and resides in San Francisco, California, U.S.A and periodically in Marsh Harbour and Guana Cay The Abacos, Bahamas.

4.3 Michael Meldman, President and Director of the Fourth through Ninth Respondents and resides in San Francisco California, U.S.A and periodically in Marsh Harbour and Guana Cay The Abacos, Bahamas.

5. Subsequent to the date of the Undertaking the Developers have breached the undertaking as evidenced in the Affidavit of Troy Albury.

6. The ground upon which leave is sought is breach of the undertaking.

7. The relief sought is an order that the Officers and Directors of the Fourth through Ninth Respondents be committed to Her Majesty’s Fox Hill Prison for their contempt of this Honourable Court in breaching the Developers undertaking dated November 22, 2005 and that the Developers do pay to the Applicants the costs of and occasioned by these proceedings.

8. The grounds upon which relief is sought are that the Developers, in breach of the undertaking have:

cut, torn down and removed vegetation or trees

disturbed and removed mangrove and wetlands

have excavated and dredged areas of the land and seabed

erected further buildings and structures

constructed and paved further roads

9. The Applicants have made this application in respect of the persons named in paragraph 2 above as Officers and Directors of the Fourth through Ninth Respondents and who are therefore responsible for acts as the directing minds of the Developers, and as such these individual persons in their capacities aforesaid as the Officers and Directors of the Fourth through Ninth Respondents are the persons whom the Applicants seek leave of this Court to apply to commit for contempt.

Dated the 8th day of March 2006

Callenders & Co.
Counsel & Attorneys-at-Law
Suite C,
Regent Centre East
Freeport, Grand Bahama

Attorneys for the Applicants