Opposition Leader Michael Pintard yesterday branded as “silly, nonsensical and comical” Foreign Affairs Minister Fred Mitchell’s blistering response to a recent ruling of a New York judge, who awarded the original Baha Mar resort developer Sarkis Izmirlian $1.6 billion after finding that the project’s main contractor China Construction America (CCA) had repeatedly breached its agreement with him, and had acted fraudulently in pushing him out.
Despite the finding by Justice Andrew Borrok that Izmirlian had acted credibly and honorably in his dealings with CCA, Mitchell on Tuesday accused Izmirlian of “seeking to tell a narrative which does not line up with the facts”.
Mitchell, who is also chairman of the governing Progressive Liberal Party (PLP), accused the opposition leader of siding with a US judge over Bahamians given that Pintard on Sunday called for an investigation into whether government officials were complicit in the bid to wrest Baha Mar from Izmirlian, as was suggested in the ruling.
“We’re concerned about the leader of the opposition, who jumps on a judgment, comments written by a judge in the United States,” Mitchell said.
“When is the leader of the opposition going to support Bahamians and support The Bahamas?”
Responding to Mitchell, Pintard said yesterday evening, “The $1.6 billion judgment by a US court in favor of the original developer of Baha Mar is the latest in a long list of international embarrassments for The Bahamas under the Progressive Liberal Party’s leadership. This is a sad but unmistakeable reality.”
On Sunday, the Office of the Prime Minister issued what Pintard called “a lame and empty non-response to the judgment”, advising that the prime minister has asked the attorney general to review it.
“Despite this, Foreign Affairs Minister and Chairman of the PLP Fred Mitchell ignored the prime minister and issued his own statement,” Pintard said.
“Mr. Mitchell essentially said there was no corruption. He also attacked the original developer.”
He said Mitchell “acts as if he is the actual prime minister”, and accused the PLP chairman of having low standards.
“Mr. Mitchell’s defense of the PLP is: ‘Don’t mind the facts, ignore them and believe whatever nonsense I tell you’,” Pintard said.
“His reckless comments send a further warning sign to international investors to be careful in dealing with a PLP government that may shaft you if it is in their political interest.
“Like other ministers, Mr. Mitchell has once again shown disrespect for Philip Brave Davis, the head of government. Within hours of OPM’s statement, Chairman Mitchell rudely and arrogantly ignored a direction from the prime minister. His comments reveal a PLP Cabinet at war with itself.
“Mr. Mitchell has revealed the reality that the PLP does not actually intend to investigate corruption related to the Baha Mar ruling. He has shown the country that the PLP will not really do an investigation.”
Pintard said the opposition does not have faith in an investigation done by Attorney General Ryan Pinder, who sat in the PLP Cabinet during the Baha Mar debacle.
According to the court, CCA leveraged its commercial relationship with Sir Baltron Bethel’s son Leslie Bethel to further its efforts to oust the Izmirlian family from Baha Mar.
Sir Baltron was at the time senior advisor to then-Prime Minister Perry Christie.
Justice Borrok found that China State Construction Engineering Corporation Bahamas (CSCECB) committed material breaches of the parties’ investors agreement by requesting $54 million from Izmirlian’s company BML Properties Ltd. to pay subcontractors, but instead used it to purchase the Hilton hotel in Downtown Nassau.
The ruling said after the US bankruptcy case was dismissed in favor of a liquidation proceeding filed by the Bahamian government, BML offered to “match the price” of any other offer to buy the project’s assets out of liquidation, but did not receive a response.
In June 2015, Izmirlian, facing a liquidity crisis, filed for Chapter 11 bankruptcy in Delaware.
The project was sold out of liquidation to Perfect Luck, Ltd., a subsidiary of CEXIM, and then subsequently bought by the Chinese entity, Chow Tai Fook.
Taking a swipe at Izmirlian, Mitchell said, “We know that the property was then put in liquidation, sold on the open market in The Bahamas. The courts heard all the arguments; it was a lawful sale to a buyer who can pay his bills.
“The rest of this is a side story and it is unfortunate that you have an investor having lost an investment, largely by what happened out of his own hand, now seeking to ascribe blame to others…”
Pintard once again called for an independent investigation into whether government officials colluded with CCA to pry Baha Mar out of Izmirlian’s hands.
He said, “…most Bahamians realize that the PLP will sweep these latest allegations under a large, worn-out rug that is getting dirtier and dirtier by the day.”
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Publish date : 2024-10-23 12:35:00
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