This is according to the developer’s attorney, Valentine Grimes.
The property’s previous owners, Southward Ventures Depository Trust, of which the Fenders are a part, claim that Mr. Schmill’s lease agreement is invalid, as they never received payment from Pristine Resorts, an allegation Mr. Schmill has denied.
Mr. Grimes said Tuesday his client has indicated that the move came after “the other side” saw the progress that he was making with the Heads of Agreement for an $18 million project for the cay, which would include a 20-room boutique hotel and beach club.
The planned development, which was announced last November at the PLP Convention by Prime Minister Perry Christie, would also include the construction of 40 beach villas and the renovation of the existing golf course.
“They apparently decided to do whatever they could to prevent the agreement from taking place,” Mr. Grimes told the Bahama Journal yesterday after briefing members of the press on his client’s next move to win back his development once and for all.
Since late last month, Mr. Schmill has been staying at the British Colonial Hilton Hotel in downtown Nassau after the Fenders took over the Great Harbour Cay property, just hours after the resort’s manager Yosef Melon had left the island for a vacation.
οΎ ”It is important for all sides to be satisfied,” Mr. Grime said. “And once this has been fulfilled – that Mr. Schmill has the wherewithal to continue this project – the Heads of Agreement can be executed and the development can proceed.”
He added, “Everyone that I have spoken with is concerned about what has happened and there is no doubt that this has presented a stumbling block. But the people of Great Harbour Cay’s, Bullocks Harbour area deserve to see that something is happening there for them.”
According to Mr. Grimes, in its draft form, the Heads of Agreement would address how and over what period of time the island would be developed.
“Based on the information given to me, this was moving along satisfactorily to the point where they were going to execute the Heads of Agreement, and then something went wrong,” he said.
That something all began when the Fenders last month reportedly broke the locks of Mr. Schmill’s home, along with his office window, charging that they were the rightful owners of the property.
Mr. Schmill entered a 10-year agreement with Pristine Resorts in March 2000 to manage the Great Harbour Cay property, which includes a marina, warehouse, airport and the Links apartment.
Mr. Grimes said Tuesday, “If the property is alleged to be owned by Southward Trust, then my client has an agreement with them. If it is allegedly owned by Pristine or Pintelle, Mr. Schmill also has an agreement with them. So he has no difficulty with his position in terms of why he has a right to be in possession of the property.”
Mr. Grimes claimed that the family has however remained on the property despite having accepted a court order last Thursday to leave the premises.
Mr. Grimes has pointed out that the Fenders will be served an order of contempt later this week
Concerned about the issue, Mr. Schmill’s attorneys, who also include Charles Mackay, have also requested that an immediate investigation be launched into the matter.
In a February 20th letter to the Commissioner of Police Paul Farquharson, the attorneys requested that the investigation team include civilians and that the conclusion of the probe be made public.
“This matter goes against the rule of law, which is so fundamental to our democracy,” he said. “And if the matter is left unattended, it could very well lead to similar problems occurring throughout our country.”
The investigation is expected to be completed by Monday.
Macushla N. Pinder, The Bahama Journal
