Baha Mar continues its campaign to get evidence tossed from the motion by China Construction America's Bahamas subsidiary (CCA Bahamas) to have the U.S. Bankruptcy Court in Delaware dismiss the Chapter 11 cases filed by Baha Mar's Bahamian companies under the umbrella of its Delaware-based Northshore Mainland Services. Baha Mar filed for Chapter 11 in Delaware on June 29, to the surprise of its general contractor CCA, its financier the Export-Import Bank of China (CEXIM Bank) and the Bahamas government - and it also turns out, to the surprise of its brand partner Rosewood - pulling 14 companies, many of them registered in The Bahamas, under the Northshore umbrella and asking the court to treat them all as one case. CCA Bahamas in turn has asked the court to dismiss the Chapter 11 filings of the Bahamian companies. CEXIM Bank has also filed a separate motion to dismiss the Chapter 11 proceedings.

Baha Mar yesterday objected to more of the evidence submitted by CCA Bahamas, this time saying the evidence was a waste of time, and raising concerns about the relevance and certifiability of the evidence. Baha Mar has already sought to have some of CCA Bahamas' evidence tossed based on concerns of hearsay and the need to authenticate the submitted evidence. Those concerns were raised in this objection as well. The embattled developer objected to having the court consider Prime Minister Perry Christie's address to the nation on the Baha Mar negotiations and proceedings, questioning whether the purported evidence was relevant and was not a waste of time, and challenging the inclusion of the address on "foundation/personal knowledge" grounds.

Federal Rules of Evidence Rule 602: Need for Personal Knowledge - the rule cited in the objection - says,"A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness's own testimony." This rule was also cited in the objection to CCA Bahamas including evidence from the Bahamian proceedings, namely the Petitions In the Matter of the Companies Act, 1992 Chapter 308 and the Companies (Wind Up amendment) Act 2011, and the Applications In the Matter of the Companies Act, 1992 (Chapter 308) and the Companies (Wind Up amendment) Act 2011. Baha Mar counsel Laura Davis Jones asked that the court "strike and not consider any of the purported evidence ... nor any statement relying on such purported evidence".

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