Lawyers for Lyford Cay resident Peter Nygard have said that Wisler "Bobo" Davilma and Livingston "Toggie" Bullard, the key witnesses in a lawsuit alleging Nygard was involved in a murder plot, were paid $3 million and could have been paid as much as $5 million to provide false evidence against Nygard, based upon bank records and information from confidential informants, according to an affidavit filed in the Supreme Court yesterday.
The affidavit was sworn by businessman Carlos Mackey, Nygard's special project manager.
According to the affidavit, Nygard's lawyers have provided new evidence to authorities in The Bahamas which they maintain could demonstrate that Louis Bacon and others, including now former FNM Senator and former Chairman Michael Pintard, were involved in a scheme to implicate Nygard.
Bacon is Nygard's wealthy neighbor who alleges that Nygard plotted to have him killed. Accordingly, Nygard's lawyers will be formally asking Bahamian authorities to lay criminal charges in relation to this matter, the affidavit says. Mackey's affidavit came on the same day that Pintard resigned as FNM chairman and senator.
On March 9, Bacon and Save The Bays Directors Joseph Darville, Romauld Ferreira, Fred Smith and Rev. C. B. Moss filed an action in the court alleging that Nygard and attorney Keod Smith plotted to have them murdered. Smith and Nygard have denied that claim.
The centerpiece of the lawsuit of the Save the Bays people is an affidavit filed by U.S. investigator John Joseph DiPaola, who outlines the alleged murder plot.
Mackey's affidavit says the tape recordings referred to in the DiPaola affidavit and submitted as evidence in this application prove that Nygard was not involved in a murder plot allegedly aimed at the Save The Bays directors.
"In fact, the plaintiffs' evidence supports the conclusion that Nygard clearly and unequivocally rejected the idea of any murder plot," it says. "Further, the recordings offer no credible evidence that Nygard was involved in any other crimes or plots alleged in this action."
Mackey claims that the evidence in the possession of Nygard's lawyers help prove that the allegations made in the lawsuit are fabricated.
"Nygard's lawyers advise that the evidence presented to authorities in the sworn statements from Davilma and Bullard, who are the two primary witnesses in this lawsuit, shows that their testimony was perjured and paid for, according to Mackey's affidavit.
Mackey contends in the affidavit that soon after Bullard's and Davilma's initial meetings with Bacon's private investigators, Pintard and former Senator John Bostwick, "during which the group hatched their plan to entrap Nygard, Davilma and Bullard approached Nygard and told him they were asked to give false testimony against him".
The affidavit states: "Despite the substantial sums Bacon and others paid Davila and Bullard to entrap Nygard, the tapes of Nygard interacting with these convicted criminals -- the supposed fruit of this entrapment -- offer no evidence of wrongdoing by Nygard whatsoever and no evidence of Nygard requesting, agreeing to or in any way condoning violence aimed at Bacon or anyone else..."
Repeating a statement made in a press release sent by L. A.-based public relations firm Sitrick and Company last week, Mackey says in the affidavit, "This lawsuit, including this application, is yet another attempt by Bacon to destroy Nygard's reputation, drive the current PLP government, which Nygard supports, from office and get the opposing FNM party supported by Bacon elected so that Nygard is prevented from obtaining the permits he needs to rebuild Nygard Cay."
By Candia Dames
Guardian Managing Editor
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