The foreign investor claiming ownership of major properties on Great Harbour Cay in the Berry Islands, is calling for an investigation by Police Commissioner Paul Farquharson, after an officer on that island overruled a court order to evict tenants also claiming ownership.
Benjamin Schmill CEO of Pristine and Pentelle and principal shareholder of Mega Management was granted a court order on Thursday to evict defendants E. Dawson Roberts, Marc Fender, Kim Fender, Sid Fender, Landa McKenzie also known as Landa Clair, also known as “Bones”, and Ramon Bethel but by the end of the day, Sgt. Kenry Stubbs received an order which overturned this decision.
Pristine and Pentelle Co. currently runs Great Harbour Cay airport, marina, the fuel station, the water plant, the beach club and hundreds of residential properties which were said to be formerly owned by Southward Ventures Depository Trust.
Mega Management Company manages the assets for Pristine Resort Ltd. and entered into a 10-Year lease agreement of the said properties on March 1, 2000.
However, on January 28, the former owners, the Fenders along with “Bones” and Ramon Bethel were said to have taken over the home and other properties just two hours after Island Manager Joseph Malol left the island for vacation.
According to Mega Management’s attorney Valentine Grimes, it is unknown who granted permission to overturn the order, in light of the fact that Deputy Commissioner John Rolle sanctioned the court order.
Formal complaint
Mr. Grimes said a formal complaint will be sent to the Commissioner today, who was said to be out of town last week when the incident occurred.
“Just at the very end of this exercise, I had a clear understanding with the Deputy Commissioner of Police, and Mr. Charles Mackay had an understanding that all was well, somebody instructed Sgt. Stubbs to cause my client to leave the house and I am deeply concerned as to who could have overridden the instructions of Deputy Commissioner Rolle, in particular when the Commissioner, to the best of my knowledge was out of office,” he said.
He said he was told the Commissioner would not be back in office until Monday.
“I have already drafted a letter, and fined tuned it for tomorrow morning and we will be making a formal complaint to the Commissioner of Police requesting that he immediately conduct an investigation into the circumstances surrounding who overrode the instructions of Mr. Rolle,” said Mr. Grimes.
He said when the documents were served on Landa McKenzie and Tirrell Fender, a sibling of some of the defendants, they voluntarily agreed to leave the premises and simply requested that they be allowed to enter the house and move their belongings.
“My client had no difficulty with it. The police had no difficulty with it and that was done,” he said.
“But the concern of my client is that the rule of law should prevail and that once the court gives an order, and once the Deputy Commissioner has given an instruction to Sgt. Stubbs, that decision should not be overruled by anybody. So I am deeply concerned that someone interfered with the process,” Mr. Grimes said.
Island Manager Mr. Joseph Malol, who should have been back in Great Harbour Cay living at the home, is currently in Nassau he said.
Adding that Mr. Schmill is now back in the United States, but will be returning to Nassau today.
Issue to be addressed
A press conference to address this issue further will be held this afternoon he said.
“The bottom line is that a democratic country has to be run under the rule of law and no individual should have been allowed to overrule the decision of the police in this matter,” he said.
” I haven’t spoken to Sgt. Stubbs and I believe that the matter now requires an investigation,” Mr. Grimes said.
Mr. Schmill is perturbed that four years later, after some $300,000 has been invested into his home, and investment poured into other entities, the children of the owner have ousted him from the property.
Mega Management’s attorney Valentine Grimes, Mr. Schmill, along with police officers headed by Sgt. 1446 Kenry Stubbs, and principle process server Constable 1860 Evans issued the court order on the defendants.
Mr. Schmill contends that the defendants came to take over the property shortly after Prime Minister Perry Christie announced that a Heads of Agreement would soon be signed for Great Harbour Cay which would allow Mega Management Co. to give resort developers the green light to commence work.
Mr. Schmill told The Guardian that he already had two investors lined up to begin development of resorts on the island, but this action by the defendants will definitely hold up the signing of the Heads of Agreement.
The lawyers for Southward Ventures were identified as Obie Pindling and Philip “Brave”
Vanessa Rolle, The Nassau Guardian
