Attached is an open letter to Prime Minister Christie from Save The Bays CEO, Vanessa Haley-Benjamin regarding the continued operation of the facility known as Blackbeard's Cay in defiance of a Supreme Court order:
Dear Prime Minister Christie,
Save The Bays (STB) hereby indicates
its full support for the call by our civic partner, reEarth, for the immediate
closure of the Blackbeard’s Cay development on Balmoral Island.
The Supreme Court has ruled
emphatically that the facility was constructed in breach of the law and ordered
that it be closed and the marine mammals housed there be removed immediately.
STB therefore considers its continued operation to constitute an affront to the
authority of the judiciary and a blow to respect for the rule of law as
enshrined in the Bahamas Constitution.
In January of this year, the developer,
Blue Illusions limited, was found by the court to have proceeded in the absence
of necessary permits and approvals. The company’s dolphin import licenses and
the site plan approval granted by the Town Planning committee were also quashed
and it was ordered that the land be
returned to its original use and condition.
To date, none of this has
happened. Indeed, we understand that in defiance of the order, Blackbeard’s Cay
continues to operate and market itself to cruise passengers stopping in The
Bahamas.
This high profile flouting of
the law could have serious implications for the good name of The Bahamas
abroad, as reEarth has rightly pointed out. Aside from the increasing global
opposition to marine mammal captivity, the abysmal handling of this matter has
raised alarming questions about the state of governance in a country that
depends on a reputation for stability and adherence to the law for its
survival.
Reputable foreign investors
seeking to undertake projects that have the potential to create considerable
financial and employment opportunities for this country will no doubt be turned
off by the impression that The Bahamas has become a ‘wild west’ where the rule
of law means little to nothing in practice.
At the same time, a failure on
your part to treat the court’s order with the respect it deserves will only
signal to those wishing to engage in unregulated development, to the detriment
of the interests of The Bahamian people, that the government has effectively
given them a green light to do as they please.
STB has repeatedly spoken out
against foreign developers engaging in unregulated development, damaging our
environmental heritage and defying of our sovereign laws in the process. We
call upon the government of The Bahamas, as the defender and guarantor of the
public’s rights – and particularly on you, prime minister, who serves as the
custodian of the nation’s patrimony – to take action on this matter
immediately.
If the status quo persists, in
due course, we intend to bring our concerns to the attention of the cruise ship
industry, whose members would no doubt be considerably alarmed to learn that
they may be contributing to a facility that has been deemed unlawful by the
courts. We urge you to intervene and ensure that the law takes its course
before such a step becomes necessary.
Sincerely,
Vanessa Haley-Benjamin
CEO, Save The Bays
vbenjamin@savethebays.bs