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Baha Mar fails to gain control of legal claim

Baha Mar fails to gain control of legal claim

Thu, Jun 30th 2016, 01:29 PM

SUPREME Court Justice Ian Winder yesterday dismissed a petition Sarkis Izmirlian’s Granite Ventures filed as part of its process to get the Supreme Court to require Baha Mar’s Deloitte & Touche receivership team to surrender control of a $192m legal claim the company has against China State Construction Engineering Corporation (CSCEC).

Meanwhile, Ed Rahming, a Supreme Court appointed provisional liquidator for Baha Mar, said the receiver managers in the case will “very shortly” update the public on matters relating to the completion of the resort and the selection of a buyer. He did not delve into specifics or give a timeline for the announcement, however.

Granite Ventures had sought an order that would place “custody and control” of its legal action against CSCEC, the parent company of Baha Mar’s general contractor China Construction America (CCA), into the hands of either a Baha Mar creditors’ committee or the joint provisional liquidators.

The $192 million claim against CSCEC seeks to enforce its May 12, 2011 guarantee that CCA, its subsidiary, would perform all necessary obligations under the terms of its Baha Mar construction contract.

The action was filed in the UK High Court on June 30, 2015, one day after Baha Mar sought Chapter 11 bankruptcy protection in the United States.

In dismissing the petition, Justice Winder said Granite does not qualify as an interested person under the relevant law, Section 148 of the Companies Act.

He wrote: “In the context of this application it would be difficult to find that Granite was an interested person, having regard to…the nature of Granite’s application to sell off the secured asset for the benefit of all creditors both secured and unsecured; the absence of a nexus between Granite and the English claim; and Granite’s status as an unsecured creditor who is compelled to rely on the JPL’s as the holder of the equity of redemption in the English claim, which is in the possession and control of the JRM’s (joint receiver managers).”

Justice Winder scheduled a hearing for next month after Granite asked for leave to appeal the ruling in the case, a move that was opposed by counsel for the joint receiver managers.

Nonetheless, Justice Winder said he “was minded” to grant the leave.

In a statement released after the ruling, Granite Ventures said it is disappointed with Justice Winder’s ruling.

“We are disappointed in this ruling because it denies the unsecured creditors of Baha Mar the opportunity to possibly realise monies they are owed,” the statement said. “The claims made by Baha Mar against CCA and its parent CSCEC for non-performance are valid as various documents, now public, about CCA cutting corners, missing its own schedules, requesting more workers from CSCEC, have revealed.

“Furthermore, it speaks volumes about CEXIM and its relationship to CCA/CSCEC that it objected to the Granite motion. It is disgraceful that unsecured creditors have been shoehorned into the winding up/liquidation legal process here in the Bahamas in which their interests have been marginalised. The non-performance of the defendant parties in the litigation is the very reason the Baha Mar became a tragedy for so many in the Bahamas. Granite intends to appeal the ruling.”

By Rashad Rolle, Tribune Staff Reporter

PM open to election debate
PM open to election debate

Thu, Jun 30th 2016, 01:26 PM

Pair charged with murder and robbery
Pair charged with murder and robbery

Thu, Jun 30th 2016, 01:24 PM

Father-of-three found hanged
Father-of-three found hanged

Thu, Jun 30th 2016, 01:16 PM

Loretta Butler-Turner confirms FNM leadership bid

Loretta Butler-Turner confirms FNM leadership bid

Thu, Jun 30th 2016, 01:09 PM


Loretta Butler-Turner announcing her leadership bid yesterday.

LONG Island MP Loretta Butler-Turner has declared that she and running mate Senator Dr. Duane Sands will make the “strongest team” to not only contest the top two leadership posts of the FNM, but to turn the country around.

While formally announcing her intent to challenge FNM Leader Dr. Hubert Minnis when the organisation convenes its three-day convention, Mrs. Butler-Turner said the party, now more than ever, needs to be driven by leaders and doers.

She appeared confident and measured in her responses, maintaining that for the FNM, which is seemingly fractured and wrought with infighting, she and Dr. Sands are “healers” with the ability to unify the opposition party.

She said it is important that as the party comes out of a convention that the two are able to embrace fellow FNMs who might be hurting over the results and to stress that the matter is bigger than the election of party officials, but it is one for this country.

Mrs. Butler-Turner and Dr. Sands will face off against Dr. Minnis and FNM Deputy Leader Peter Turnquest during the convention. To celebrate the official launch of this campaign and make public their plan for national development, the duo called on all Bahamians to join them at Rawson Square on Wednesday, July 6.

For his part, Dr. Sands said given his 22 years of experience in healthcare, he would be a very capable complement to Mrs. Butler-Turner.

Asked if the two had received the endorsement of former Prime Minister and party Leader Hubert Ingraham, Mrs. Butler-Turner responded that they had not. However, she added that they planned to work over the next four weeks to get the endorsement of every FNM.

It was speculated that Mr. Ingraham endorsed Dr. Sands when he attended the swearing-in ceremony for the surgeon and lawyer Monique Gomez to the Senate last week.

“Now is the time for wise and competent Bahamians of the highest moral and ethical calibre to come together for the good of one country, one people, one future,” Mrs. Butler-Turner said during a press conference in the Minority Room of the House of Assembly yesterday. She was also supported by her husband, Edward Turner.

“Even as I ask this of you, I commit myself to leading by example. It is in that capacity that I am here to announce my candidacy for leader of the Free National Movement.

“And it is in this spirit of service that I will devote my energy and my life to this campaign and to turning our country around. I cannot do this alone, however. I am pleased to stand with Senator Dr. Duane Sands, who has joined me in this fight.”

Responding to questions regarding her qualifications to lead, Mrs. Butler-Turner said she and Dr. Sands were capable leaders and Bahamian patriots.

“I believe that what we need in this country is a turn around, we need a new direction. I am a wife. I am a mother. I am a servant, but most importantly I am a Bahamian.

“I think the difference that I am going to bring to this is all of the experiences that I have had thus far in both my private life in service and in my public life in service and obviously in all that I have done politically. So I believe the country is now ready for someone who encompasses what Bahamians feel.

“I hear the cries of Bahamian mothers. I can empathise with that. I hear the cries of our children. I know what they mean. As a wife I know what it is to take care and nurture our families and so I believe in addition to my experience politically that brings a whole new dimension to the leadership in our country today.”

Dr. Sands added: “The last 22 years of my professional life in this country have been spent on the battle ground of healthcare where people are at their worst, their weakest, their most vulnerable (and) their most frightened. And so to say that I have had a crash course in understanding the things that concern Bahamians is an understatement.

“In particular I have been on the battle front of violence and trauma that is where I have spent the last 22 years and so I believe that I can be a very capable complement to Mrs. Butler-Turner.”

And despite having already lost to Dr. Minnis in the 2014 convention, Mrs. Butler-Turner said through that experience both she and Dr. Sands have grown, transitioned and developed. She said there are very valuable lessons to be learned whenever one is able to walk away from a loss and build on that experience.

The leadership battle comes at a delicate time for the FNM.

The party’s Central Council voted to have a July convention after six parliamentarians, including Mrs. Butler-Turner, threatened to seek Dr. Minnis’ removal as leader of the Official Opposition in the House of Assembly.

Dr. Minnis’ tenure as leader has been defined by intra-party friction, creating fractures in the party.

Nonetheless, when he was challenged in 2014, he defeated Mrs. Butler-Turner by more than double her number of votes.

Dr. Sands also ran for the deputy leader post in 2014 and lost that bid.

On June 19, he announced that he and Mrs. Butler-Turner would contest the top two party posts, however until yesterday, the Long Island MP has been quiet on the matter.

The announcement triggered a direct response from Dr. Minnis, who usually shies away from publicly speaking of party matters.

Dr. Minnis told reporters last week that he has no doubt he will remain the FNM’s chief.

And while making his contribution to the 2016/2017 budget debate, Dr. Minnis was resolute as he addressed issues within his party, saying: “We are now preparing for a convention and I will enter as leader and I will emerge as leader of the Free National Movement.

“The delegates, Mr. Speaker, will ‘roc wit doc’. The young people will ‘roc wit doc’. The Family Islands and the entire Bahamas will ‘roc wit doc’. My deputy will ‘roc wit doc.’”

By Khrisna Virgil, Tribune Staff Reporter

A Fresh Start for 70 young Grand Bahamians

A Fresh Start for 70 young Grand Bahamians

Thu, Jun 30th 2016, 12:32 PM


Joel Saunders, second right, was presented with the trophy for his outstanding work in welding. (Photo: Jenneva Russell

Seventy young men and women successfully completed the Ministry of Youth, Sports and Culture’s Youth Division, Fresh Start Program 2016 on Grand Bahama and were awarded certificates of completion at their graduation ceremony held at the Grand Lucayan Hotel on Monday evening.

Under the theme, ‘There’s still hope’ the graduates had the opportunity to hear from Minister of Youth, Sports and Culture, Dr. Daniel Johnson, among others, who admonished them to continue to work hard, to the best of their abilities.

“This is a very important evening for these kids. I want to welcome you all to the most important ministry in this country, introduce you all to the most important people that we serve and tell you all that this is the most important time for us to do what we do.

“There are 70 people here that  have passed through this year. They are some of the brightest and best students in the country,” stated Johnson.

Specifically, addressing the graduates he said, “When people tell you that you might have fallen though the cracks or that you didn’t make it in a particular arena or another; it isn’t that you have fallen behind. I really feel that you all are ahead of the curve. Be brave enough, courageous enough to get out there, on your curve, where all of you are.

“I challenge all of the young men in this room and in this country, I want to build you all up. We must pray over them; they are being attacked in a spiritual war. That is the way you bring down a nation; you attack the young men.

“If we are serious in this nation, we must protect them. It doesn’t matter how many times you fall, it is how many times you are willing to get back up; that is how you succeed,” said Johnson.

“Everyone makes mistakes, that is not what this exercise is about, it is about what you are going to do about them; a mistake is a lesson in life, sometimes a lesson in love,” concluded the Minister.

Minister for Grand Bahama, Dr. Michael Darville also offered congratulatory remarks and pledged his commitment to youth development on the Island of Grand Bahama.

“When Carla Brown-Roker took this position (Youth Coordinator) I didn’t realize how naturally it would fit; many are called, but few are chosen. Carla this is where you are supposed to be. To all of the coordinators and everyone that is a part of this program, I want to commend you because you have done something special in Grand Bahama.

“To take our young people, some who slipped though the cracks, some who you did not have the opportunities and some who had the ability and no one saw fit to bring them to the forefront. I want to thank the Ministry of Youth, Sports and Culture for this awesome Fresh Start Program,” said Darville.

“I had the opportunity to be a part of this program and I am excited about it, because when you hear about what is happening in the community with our young people, we always hear the negative part of it. Our young people, from Inagua to Grand Cay, are doing positive things in the community and are on the right trajectory for success in the Commonwealth of The Bahamas.

“This year the Fresh Start Program on the Island of Grand Bahama afforded some 70 students, the opportunity to train in seven trade areas including welding, general maintenance and carpentry, computer technology, office procedures, accounts and QuickBooks and acrylic nails and culinary arts,” informed Darville.

He commended those successfully completing the welding program, of which two of the 14 students were female, to continue in the field as technical vocational areas are very important to the island of Grand Bahama.

“Our assessment at the Ministry for Grand Bahama clearly indicates that many of the future jobs that will come to the Island of Grand Bahama will be in the industrial sector. I want to encourage our welders, because there will be opportunities, not only in welding but cross training in other areas associated with industry.”

Additionally he noted, “It is my understanding that 10 of the culinary arts students, trained and certified at Bahamas Technical and Vocational Institute (BTVI) have taken the appropriate measures to form their own company. I am one of those true advocates for entrepreneurship; I am an entrepreneur by nature. One of my greatest successes in life was when I started a business and it was extremely successful. It created a shift in my mindset.

“I want to encourage the culinary arts group, who has decided to come together and create a fresh start baked goods; I will support you. I am waiting for it; to taste the exquisite cuisine and to be a part of what you are doing on Grand Bahama,” said the Minister for Grand Bahama.

Speaking directly to Minister of Youth, Sports and Culture, Dr. Johnson, Darville expressed, “We must ensure, as a group that young entrepreneurs, particularly this group, have access to capital so that they can make their business grow. We are going to introduce your concept to the venture capital fund, to bring revenue to help you to start your business because you deserve it and you deserve the opportunity.”

He also commended the 12 volunteers in Office Procedures and Computer Technology courses with their efforts with Frank’s Ice Cream Summer Program.

“I realize now that they have used these gifts and talents that were in place to actually help Frank (Outten) which you truly deserve, which will create a platform for you on Facebook and on your website, in order to get more customers to your organization. I want to commend you for that, because you are a philanthropist and are constantly doing great things in our community with young people.”

He concluded by expressing to the graduates how very proud he was of them. “I am proud of what you have accomplished, I am proud of how this program has given you confidence and I am proud of the future that is ahead of you because you made the commitment for a fresh start.

“This is an awesome program, I have seen how it has transformed lives in our young people. I want to thank the parents for your patience and your commitment to your young people and children, to ensure that they get the opportunities that are available through many programs that have been established by the government.

“I look forward to seeing you all in the community doing extremely well and we and the Minister (Johnson), will work hard, hand in hand to ensure that we create greater opportunities for youth employment and entrepreneurship,” acknowledged Darville.

K. Darron Turnquest, Director of Youth, Minister of Youth, Sports and Culture stated during his remarks, “There is still hope. This ceremony tonight has simply given me chills thus far. Anyone that can survive a program, for five days a week, for five months, on $50.00 per week, that tells you that they are intrinsically motivated to do better, that they intrinsically motivated to be their best.

“Young people, I am so grateful and thankful to work where I work and do what I do, because there is hope, when you have a Minister of Youth that provides the access and opportunity not only to the young people, but also to the young director, that has been empowered to be able to work out his vision of seeing every young person realize their dreams.”

Addressing Brown-Roker, he added, “As your director, I stand and I know that your Minister stands on the same authority to say, ‘Continue to do the job that you were called to do.’

“These graduates tonight understand clearly that we are doing what we need to do and we are providing exactly what we asked, and that is to provide access and opportunity to every young person in this country,” said Turnquest.

Brown-Roker noted, “It is a wonderful pleasure to work with these fine young people. I am so in love with these young people from the bottom of my heart and they know it. They have touched my life in so many ways. This is just an amazing group of people.

“They only need the guidance and mentorship; it is amazing the things that they can accomplish. All is not lost; take it from me. I am in the trenches with them, they can tell you; their hearts are pure and they have so much potential, it is up to us to steer them in the right direction and do not take our hands off of them.

“Minister Johnson and Director Turnquest, it is my pleasure to say that all of the persons standing have successfully completed the Fresh Start program and are eligible for employment.”

She thanked the College of The Bahamas Continuing Education and Extension Services (CEES) for partnering with this program for this first time this year with the culinary arts and accounting and Quickbooks with banking programs.

The following persons are those who the instructors felt have grown so much from the day they came in on, March 14 until June 24. These are the students who have shown the most growth in their subjects:

Welding – Obrinique Hanna and Deondre Cooper

Carpentry (General Mainienance) – Kyle Green and Rose Henri

Computer Technology – Mischael Bellot

Office Procedures – Rache’ Grant

Acrylic Nails – Dariel Russell

Culinary Arts – Rashanne Armaly

Banking –  Deja Brown

Quickbooks- Deja Brown

Accounts – Kamia Rolle

Plumbing (General Maintenance) – Kyle Greene

Culinary Arts- Brittany Lewis-Minnis

Practical awards in the various programs were presented to the following:

Welding – Joel Saunders and Justice Brice

Office Procedures – Stephon Russell

Computer Technology – Kendia Forbes

Acrylic Nails- Tracy Tarless

Office Procedures – Jessica Ferguson

Computer Technology – Khambrell Cooper

General Maintenance – Franklyn Forbes

Welding – Joel Saunders

Scoring the highest on the BahamaHost exam, a requirement for successful completion of the Fresh Start Program was Delevoe Wilson.

The Minister’s Award was presented to Mischael Bellot for displaying exemplary commitment and dedication throughout the duration of the Fresh Start Program.

“I want to thank Minister Johnson and Director Turnquest for entrusting this program to me. I truly believe in this program. I want to thank all of the persons who sewed something into this program, whether it was your time or your talent. Thank you,” concluded Brown-Roker.

Moderator, Berinique Thompson and Fresh Start 2016 graduate stated during the ceremony, “We are all on our way to what we want to be. There is still hope; we dedicate this night to all of those who doubted us and thought we couldn’t make it. News flash, we proved you wrong. This is a celebration of what can happen when our youth are given access and opportunity.”

Tracy Tarless, another a 2016 Fresh Start Program graduate, during her welcome address, “Today we are gathered here to celebrate a great moment in the lives of these individuals before you. They have all accomplished many positive results in the various classrooms. It has a been a long journey, but, success did not come to us, we went for it.”

By: Jaimie Smith

Source: Freeport News/Guardian

Tynia Gaither makes Olympics for Bahamas

Tynia Gaither makes Olympics for Bahamas

Thu, Jun 30th 2016, 12:01 PM


Southern California's Tynia Gaither, right, crosses the finish line in front of Tennessee's Maia McCoy, left, during a women's 400-meter relay semifinal at the NCAA outdoor track and field championships in Eugene, Ore., Thursday, June 9, 2016. (AP Photo/Ryan Kang)

When Tynia Gaither suffered the worst injury of her track career — a grade 2 hamstring tear —while anchoring USC's 4x100-meter relay in a NCAA qualifying meet last year, she had enough courage, drive and determination to fight through the pain and finish the race.

The former Osceola High School standout hopped on one leg to the finish line in order to make sure her teammates could advance even if her junior season was over.

Gaither used that same resolve to overcome the injury and return in the best form of her life this spring. Over the weekend the reward for her comeback came to fruition when the 23-year-old recent college graduate qualified for the 2016 Olympics.

Gaither, who was born in the Bahamas, will represent that nation in Olympic track competition in Rio de Janerio, Brazil, in August. She secured her first berths by winning the 100-meter dash on Friday and the 200 on Saturday at the Bahamian national championships in Nassau.

"Missing the (2015 NCAA Championships) and meets for the Bahamas last summer tore me up," Gaither said Monday. "I'm a junkie for nationals, for the top competition. Having to sit home and watch was very difficult. But it definitely sharpened my mental game to a level I've never been at. That has me where I am right now."

After sitting out the 2016 indoor season, Gaither bounced back to run career-best times of 11.19 seconds in the 100 and and 22.54 in the 200 while finishing fourth and fifth, respectively, in those races at the NCAA Outdoor Championships. She also anchored the Trojans to a school record time and second place finish in the 4x100 relay.

"I came back knowing it was time for me to redeem myself and make up for everything I lost last year," Gaither said.

Gaither, who was a six-time state champion for Osceola, stayed on form for the two weeks between the NCAA finals and Bahamian trials. She won the 100 in 11.33 on Friday and the 200 in 23.00 on Saturday.

"I'm so happy to be able to finally put on a show for the Bahamian people, who have always been so supportive and so loving," she said. "I've never been at my best for the Bahamas trials. Always struggling with injuries or something.

"To be in tip-top shape and go out there and win the double it was incredible."

Gaither flew back to Los Angeles on Sunday but will soon rejoin the Bahamas national team in hopes of also leading its 4x100 relay to the Olympic Games. They hope to run fast enough to make the relay field of 16 nations in a July 10 meet in the Bahamas.

Gaither graduated with a sociology degree last month and has long-term plans to be a wedding planner. But her immediate hopes are to soon sign with an agent and turn professional, preferably before the Olympics. She could end up staying in Southern California to train, or could return to Florida. Or she could move to another training site based on her agent and pro affiliations.

"I won't be juggling two careers yet," she said. "My goal right now is to continue to focus on running fast. This is the best I've ever been, but I know I still have so much more room for growth."

The next big step in that development happens at Rio, in a Bahamian uniform.

"I will be completely satisfied if I PR (set personal records) in both of my events," she said. "And I really hope to make the final and place in the 4x100 relay to put Bahamas on the map again."

By Buddy Collings

Source: orlandosentinel.com