Category Archives: Bahamas

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The COVID-19 pandemic has disrupted commercial activity on aglobal scale, challenging contracting parties' ability tofulfil their legal obligations. Force majeure clauses andfrustration principles may provide some relief to those which mayotherwise incur liability because of non-performance.

A force majeure clause enables the parties to acontract to suspend or terminate their obligations where theoccurrence of exceptional events or circumstances make theperformance of the contract impossible or radically different fromthat which was undertaken by the contract.

There is no presumption of a force majeure event andparties that wish to include a force majeure clause in acontract should specifically define the kinds of superveningoccurrences that would constitute a 'forcemajeure' or 'superior force'. Parties could tailorthe clause to include events that may be unique to theircircumstances. Occurrences generally accepted as a forcemajeure include: riot, war, rebellion, governmentrestrictions, earthquakes, floods, fires, strikes and civilunrest.

Unforeseen events that could disrupt a contract are myriad sothe courts may have to interpret a force majeure clause todetermine whether the particular occurrence is covered.Judges will construe a force majeure clause with closeattention to the words in the clause and with regard to the generalterms of the contract. The effect of the clause may vary with eachinstrument as certain events in a force majeure clause maynot always be beyond a party's sphere of control.

Force majeure clauses sometimes include a catch allphrase such as "... or any other cause beyond theparties' control". While in some cases the courtshave allowed parties to use this phrase for events not stated orunrelated to those in the force majeure clause1, inother cases they have rejected certain occurrences even where therewas a catch all phrase2.

Where a force majeure clause covers a particular event,a party relying upon the clause may not be excused from the contactmerely because the performance of the contractual obligation ismore difficult or less profitable3. A defaulting party who wishes torely upon a force majeure clause will have the burden ofproving that the serious event has made it impossible to perform orradically changed his ability to meet his contractualobligation.

Whether the COVID-19 pandemic constitutes a forcemajeure will depend on a contract's wording. It may becovered under a force majeure clause if words such as'pandemic', 'epidemic' or 'disease' areused.

'Act of God' is often used in force majeureclauses, and it is widely felt that the COVID-19 pandemic fallswithin the ambit of this term. 'Act of God' has beenlegally defined as: "such a direct and violent and suddenand irresistible act of nature as the defendant could not, by anyamount of ability, foresee would happen, or, if he could foreseethat it would happen, he could not by any amount of care and skillresist, so as to prevent its effect"4. It has also beenheld to cover one-off events which "involved no humanagency"5. Acts of God have generally beenconfined to natural disasters such as floods and earthquakes.

While it could be argued that COVID-19 is a factor of nature, itseems unlikely that the courts would affirm that it is an act ofGod because it has historically been applied to geographicphenomena. Also, the nature of the pandemic may not be seen assufficiently direct or violent so as to make persons unable toavoid its effects.

Frustration is a common law doctrine that is similar in natureto force majeure, but somewhat narrower in scope. Itrecognises that an event may occur through no fault of the parties,which may make a party unable to carry out its obligations under acontract.

Even if there is no force majeure clause in a contract,a party may be relieved from its obligations if it can establishthat a frustrating event has occurred. Whether a particular radicaldevelopment is deemed sufficient to frustrate a contract willgenerally depend on past decisions of the courts. While there is nospecific test to establish frustration, it may generally arisewhere:

Hurricanes, earthquakes, strikes and civil unrest have beenfound to be sufficient to frustrate the performance of acontract.

In Hepburn v. Taylor6,where a defendant sought to rely onthe doctrine of frustration in his defence, the court stated thatthe circumstance rendering it impossible for a party to fulfil itscontractual obligations must not be due to that party's fault,and that frustration must not be self-induced.

In Millennium Telecommunications Limited v. BahamasTelecommunications Company Ltd.7, the court affirmed the principlesthat a frustrating event must be beyond the parties'contemplation when the contract is agreed. The court also statedthat the impediment should not be the fault of either party, socircumstances caused by negligence or oversight will not constitutefrustration.

There does not appear to be any clear case law precedent forCOVID-19, so it is uncertain whether the pandemic will be deemed afrustrating event by the courts.

It may be found that the pandemic is a frustrating event becauseof the level of disruption that it has caused to the world'seconomy. It should be noted that parties which have entered intocontracts since the spread of COVID-19 began may be unable toassert frustration because of foreseeability.

Even if the disease itself is not deemed to be enough tofrustrate a contract, the consequences flowing from it suchas government curfews and shutdowns will likely be seen asenough to render carrying out a contract impossible. Manycommercial entities were forced to close pursuant to emergencypower orders and so performance of commercial activity becameimpossible through no fault of their own.

The COVID-19 pandemic is expected to lead to a wave of legaldisputes as to which party bears the risks of non-performance. Theapplication of force majeure and frustration legalprinciples in court decisions in the near future will likely betterdefine the rights of contracting parties affected by thepandemic.

In the wake of the pandemic, many companies and individuals havesought to place force majeure clauses in commercialcontracts and have included the abovementioned words as protectionin case they cannot perform their contractual obligations due toCOVID-19 or other similar challenges.

Contractual terms, particularly those of great importance to acontracting party's business, should be checked to ensure thata force majeure clause is included. In order to protectthe parties from difficulties that may arise from a pandemic, theforce majeure clause should include such key words as'pandemic', 'epidemic', 'disease','government restrictions' and 'state ofemergency'.

Footnotes

1 Chadrisv Isbrandtsen-Moller Co. Inc. [1951] 1 KB 240.

2Tandarin Aviation Holdings Ltd. v Aero Toy Sore LLC [2010] 2Lloyd's Rep 668.

3Tennants (Lancashire) Ltd v G S Wilson & Co Ltd [1917] AC485.

4 Nugentv Smith (1876) 1 CPD 423 at 426.

5 Transcoplc v Stockport Metropolitan Borough Council [2003] UKHL61.

6 [1997]BHS J. No. 90.

7 [2017]1 BHS J. No. 88.

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.

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COVID-19: Force Majeure And Frustration Of Contracts - Coronavirus (COVID-19) - Bahamas - Mondaq News Alerts

NASSAU, BAHAMAS Minister of Foreign Affairs Darren Henfield said yesterday The Bahamas could be headed for the worst period of the pandemic.

Henfield led debate in the House of Assembly on a resolution to extend the emergency orders to November 30.

He said public health experts predicted months ago the winter months could worsen the situation as more people in the northern hemisphere remain indoors where the virus spreads more easily.

The pandemic is not close to being over, he said.

It will last well into next year. In fact, the world and The Bahamas may be currently heading into the worst period of the pandemic.

In the Americas, Europe, and parts of Asia, the outbreak is getting worse. Across Europe, new and greater restrictions and lockdowns, and curfews are being implemented.

Henfield continued: Sadly, the predictions of the public health experts are being proven correct.

COVID-19 cases are soaring across the northern hemisphere.

Again, record cases are being recorded in North America and Europe.

The global COVID-19 public health emergency is getting worse.

Henfield said while cases of the virus on many of the Family Islands remain low, New Providence continues to be challenged.

But he said on other Family Islands, the number of infections is on the rise because some from New Providence are helping to spread the virus.

The minister said the Bahamian people should prepare for cycles of tightening and loosening as the number of infections fluctuates in parts of the country.

He said as cases of the virus rise in a particular area, the government will introduce area-specific restrictions to save lives.

As it relates to the extension, Henfield said the governments objective is to only put in place necessary restrictions.

He also said the emergency orders are not intended to concentrate power in the hands of the competent authority, but to give the Cabinet an opportunity to manage the virus based on the advice of medical experts.

We do not like lockdowns, Henfield said.

A lockdown is a last resort tool in our arsenal of measures.

Members of the House and the public should be aware of the national and regional lockdowns currently taking place around the world, including in Europe.

According to Henfield, anyone who asserts the emergency powers are unnecessary in the face of the health crisis is being irresponsible.

He said it has been disappointing when some in our country fail to offer well-considered and intelligible ideas to help fight the pandemic.

Henfield said in many countries, the government and opposition have agreed of the emergency orders, and in some countries, the official opposition has called on even greater restrictive measures than those the government proposed.

Exhaustion

Henfield said the government understands that residents wish to return to their lives pre-COVID, and there is exhausting with the ongoing restrictions.

This is understandable, the minister said.We are social creatures.

We derive meaning and happiness and support from close, intimate bonds with others.

While this frustration is understandable, we as a people must also be wise.

The Bahamas recorded another 56 cases of COVID-19 on Sunday.

Of the new infections, there were 34 cases in New Providence, nine in Grand Bahama, four in Eleuthera, one in Abaco, one in Exuma, and seven cases with unknown locations.

Total cases increased to 6,466, of which 2,307 remain active.

Another 3,987 cases have recovered.

This represents 61 percent of cases.

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Henfield: Worst could be yet to come - EyeWitness News

NASSAU, BAHAMAS Water and Sewerage Corporation (WSC) Executive Chairman Adrian Gibson told Parliament yesterday that the government has paid out $500 million to reverse osmosis plant operators over the past two decades.

Gibson said those payments were due to what he described as bad contracts and poor negotiation.

The WSC is expected to return to the court on Friday for legal proceedings concerning an injunction preventing water plant operator, Aqua Design Bahamas Limited, from shutting off or interfering with the water supply in Eleuthera despite the corporations arrears.

Yesterday, the company fired back that the corporation has been delinquent in paying for the service provided, and nonresponsive despite multiple attempts to resolve the matter.

It is beyond cold and callous. It is simply inhumane and a flagrant and barbaric atrocity against the people of the Bahamas and most especially the people of Central Eleuthera, said Gibson in Parliament.

According to Gibson, the government made 12 payments to the company this year, noting that $1 million was paid in September and another $700,000 as recently as a week ago.

Last Friday the WSC obtained a Supreme Court injunction against Aqua Design Bahamas Ltd, asserting that it deliberately and egregiously shut off the water supply to the people of Central Eleuthera.

The Order includes a penal notice which declares that the said company and its agents may be held to be in contempt of court, and may also be imprisoned or fined or have your assets seized, should the Order be disobeyed or breached.

The Supreme Courts Order directs that the Defendant company is forthwith compelled to immediately reinstate production and supply of water to the Central Eleuthera Settlements and to cease and desist the demobilization process thereunder.

Gibson suggested that issues with the company were longstanding and sought to direct blame with previous Progressive Liberal Party (PLP) administrations.

According to Gibson, the company was able to secure 15-20 year contracts, although WSC had to buy the necessary land, pay for electricity, and grant concessions. Gibson described them as ridiculous and grossly skewed.

According to Gibson, the company signed its first agreement back in 2002 under the first Christie administration, noting that of the nine plants it operates, eight were contracts under a PLP administration. The company has made some $70 million to-date in The Bahamas, he said.

Gibson also sought to clarify yesterday that the government owes WSC $7.9 million and not $79 million as previously asserted by the PLP.

In a statement, Suez-Water Technologies & Solutions explained that it contracts with Aqua Design Bahamas, Ltd., as Suezs legal entity in The Bahamas that provides desalinated water in several locations.

The statement read: WSC has consistently, and for many years, been delinquent in paying for the service provided. With regard to Central Eleuthera, there have been multiple attempts to work diligently with W&SC to avoid having to cease production at the plant and resolve the matter.

However, they have generally been non-responsive. We have sent multiple communications over the course of several months, but it was only after the plant was shut down that W&SC acted.

The company added: Rest assured, we did not make the decision lightly. By not paying their bills, W&SC has risked water supply for the people of Eleuthera, and their non-payment has now brought this to a head at an unfortunate time. On October 23, we were ordered to restart production as part of an injunction made by W&SC. We complied with that order, but, given a number of inaccurate statements, we will be challenging the order.

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$500 million paid to reverse osmosis operators over last 20 years says Gibson - EyeWitness News

NASSAU, BAHAMAS Long Island MP Adrian Gibson said it is his prayer that COVID-19 testing will be made free or become as affordable as possible in The Bahamas.

Mr Speaker, I recognize that medical care facilities across the country have noticeably increased testing, he said during debate in Parliament on a resolution to extend the orders to November 30.

I applaud them for their efforts. I am also pleased to learn of proposed public, private partnerships that would secure access to rapid antigen tests, particularly given that testing is one of the best defensive measures against COVID-19.

There are many instances of persons being deemed asymptomatic and so, tests will show where the virus is.

However, Mr Speaker it is my solemn wish, my prayer that testing would soon be free or become as affordable as possible for Bahamians, particularly with the economic situation.

The government and private healthcare facilities have increased testing and testing accessibility is a key part of their strategies.

For example, Doctors Hospital recently expanded its testing accessibility to the Town Centre Mall.

Free mass testing was a key part of the Progressive Liberal Partys (PLP) COVID action plan.

On Sunday, 297 more COVID-19 tests were completed, of which 56 returned positive results for the virus.

In total, nearly 34,400 tests have been completed in The Bahamas.

The figure includes public and private facilities.

Gibson also recommended that health authorities resume advising about COVID hotspots, a key feature of the Ministry of Health presentations in months past.

One can possibly guess where the hotspots are, however, I think it would be quite useful for Bahamians to have some official indications of which areas to avoid or exercise greater caution, the Long Island MP said.

Gibson said he supports the extension of the emergency orders and encouraged Bahamians to be patient and proactive.

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Long Island MP wants free COVID testing for Bahamians - EyeWitness News

Expert insights on the launch of the Sand Dollar, the national digital currency developed by The Central Bank of the Bahamas. The first Central Bank Digital Currency (CBDC) in the world to be fully deployed, the Sand Dollar is a digital version of the Bahamian dollar.

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It is great to see a first productive CBDC in the Bahamas. This is an important step towards accelerated digital transformation and CBDC adoption. It is also interesting to see that it is mainly intended to provide financial access to the Bahamas increasingly unbanked population due to the banking sector downsizing physical branches.

In this vein, it appears to have a slightly different purpose as compared to CBDC initiatives from major economic areas like China, Europe or the United States. In those areas, I see the potential of innovating financial markets with automated payments, more efficient payment infrastructures or new types of assets to be a more important driver of efforts.

However, as the Sand Dollar is backed by the Central Bank of the Bahamas and tied to the BSD--and thus the USD--it might fuel new tokenization projects, as the Sand Dollar would be a regulated alternative to non-governmental third party stablecoins. Still, large scale institutional adoption of tokenization will likely require a digital version of a major global currency.

In my opinion, central banks across the globe are likely to intensify their CBDC efforts and will monitor the developments and adoption of the Sand Dollar and further CBDCs very closely.

Konstantin Richter, CEO and Founder of Blockdaemon

As one of the first CBDCs to be officially launched, the Bahama's release of the Sand Dollar is leading the way in CBDC development. However it has been, until recently, overshadowed by progress in other CBDCs and larger economies, with China and Europe recently announcing developments with the digital Yuan and digital Euro. The project started in 2018 and seems to be largely aligned with the needs of the Bahamian population in enabling mobile transfers of Sand Dollars, and implementing security practices that align with mobile transactions. The buy-in that the Central Bank of the Bahamas has achieved from private sector players will be sure to garner significant levels of adoption and support.

One of the markers of success of the Sand Dollar, laid out by the Central Bank will be whether it can fully serve communities who do not currently have access to digital payments or banking infrastructure. As with any CBDC, success comes from adoption and it will be interesting to see how quickly levels of adoption will grow among citizens.

At their heart, the drivers for using a digital currency lie within the realms of convenience and risk. The Sand Dollar is pegged to the Bahamian dollar which is in turn pegged to the USD, this opens up opportunities for exchanging both BSD and USD for the Sand Dollar which could potentially tap into the US market. Overall, the launch of the Sand Dollar solidifies the advances that have been made thus far in digital currencies and pioneers concepts in furthering transactional efficiency and accessibility.

Antony Welfare, Chief Commercial Officer, NEM Software

As society moves increasingly away from cash, the development and implementation of CBDCs continues to pick up pace. It makes sense that in a monetary system which is becoming increasingly digital, financial authorities would enact digital versions of their own currency.

The launch of the Bahamian Digital Currency, the Sand Dollar, is an important step towards the transformation of our global financial system to one fit for purpose in 2020. It is promising to see more central banks making strides forward in this space, and to see the Bahama Central Bank taking this groundbreaking step towards introducing a CBDC alongside other jurisdictions, such as Lithuania, Estonia and China.

It will be interesting to see how the Sand Dollar will compare against the emergence of future private stablecoin projects, such as that of Libra, and whether there will be space on the market for both forms of digital currency to exist in parallel among retail users.

Luciano Nonnis, Founder, DXone

In a way, it is fitting that an archipelago-nation with hundreds of islands would roll out a CDBC, for such a digital currency can really be a uniting force and more efficient for the regulator and central bank.

I expect nations such as the U.S., China, Russia, and those of the European Union to keep a close eye on the development out of the Bahamas. The Sand Dollar initiative was first trialed on the smaller islands of Exuma and Abaco in December 2019, so you see it took about 10 months to roll out the digital currency once pilots were underway.

The country chose Exuma because it is composed of Great Exuma and its surrounding cays. The central bank believed it best represented the geography of the greater Bahamas. In this respect, Bahamas serves as a great pilot for global central bank digital currencies, as the nation in some ways might be seen as a microcosm of the worlds many nations and continents,

As with all central bank digital currencies, it is important to note this is not a cryptocurrency built on a blockchain in the way that Satoshi Nakamoto, the founder of Bitcoin, envisaged the technology.

While cryptocurrencies are deployed over decentralised networks, the central bank digital currencies of all nations are centralised. So anyone who tells you this is a win for decentralised cryptocurrency doesnt know what they are talking about. Bitcoin is decentralised and stateless. CBDCs are centralised and issued by governments.

In its FAQ on its website, the Bahamas make this clear: the central bank digital currency is not like Bitcoin. It is issued by a central party; i.e. the Central Bank of The Bahamas and is backed by Bahamian fiat. In a way, the CBDC is more akin to a public sector version of a centralised stablecoin a la Tether.

The payment system has been designed to be more secure than existing payments mechanisms, according to the nation, but one must ask: is physical cash really a broken medium? Man has used physical forms of currencyfrom gold and silver to fiat paperfor millenia. Whats so insecure about that? I suppose from a regulators perspective there is no AML and KYC for cash transactions, and thats what the push for CBDCs is all about.

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Central Bank Of The Bahamas Launches The Sand Dollar - ValueWalk

NASSAU, BAHAMAS Mount Tabor Church Senior Pastor Bishop Neil Ellis yesterday said he was referring to a senior civil servant and not the prime minister when he spoke about the religious belief of an official during a fiery sermon.

On Sunday, Ellis gave a scathing rebuke of the Minnis-led administration as he expressed opposition to the extension of the emergency powers orders for another month.

The sermon was widely circulated on social media, with many people criticizing Ellis comments against the prime minister.

In an interview with Eyewitness News, Ellis said: I was very disappointed to learn that my remarks made in that regard were attributed to the prime minister and for that I deeply regret because I know the prime minister personally.

I know of his commitment to and his love for the Catholic church. I know his involvement with the work, I know his relationship with the bishop and so definitely those remarks were not attributed to him.

I also know of a senior civil servant who has said to me personally and who has said publicly that he does not believe in God, and thats where those remarks were attributed.

Ellis noted that he made the comment while he was talking about The Bahamas economy, noting that the country must be very careful, especially when the person sitting in the chair does not believe in God.

Financial Secretary Marlon Johnson has publicly stated that he is an atheist.

Following the sermon,Free National Movement Chairman Carl Culmer said he was baffled by Ellis speech and blasted Ellis for what he said was a nasty political attack on the prime minister, adding that Minnis is a Christian and member of the Catholic community.

But Ellis maintained that this was a misinterpretation and apologized to the prime minister for the mixup.

I deeply regret that those remarks were attributed to him otherwise, but that is not where those remarks were directed and I want to say to him Im sorry they pulled him into that and I deeply regret that and If Ive caused any kind of harm or bad feelings on his behalf, thats our prime minister and I would be the first to apologize for that misinterpretation, he said.

These things can always be misinterpreted. If they were interpreted in that manner, Im bringing you the clarification as to what I meant, who the remarks were attributed to, but the big thing here is they were not attributed to our prime minister who I know to be a devout Catholic here in The Bahamas.

Progressive Liberal Party (PLP) Chairman Fred Mitchell also chimed in on the issue, calling Culmers tone and tenor of Culmers comments disrespectful and deplorable.

The FNM Chairman should apologize, Mitchell said.

Right thinking Bahamians understand that we live in a democracy, one central feature of which is civil discourse.

The comments of the bishop were directed at the state of our democracy and the fact that a case has not been made for extending the state of public emergency and delegating power to one person alone.

These are salient points to be raised in a civil discourse in a democracy.

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Bishop Ellis says the target of his does not believe in God comment is a senior official not PM - EyeWitness News

Prime Minister Hubert Minnis, during his presentation in the House of Assembly on Wednesday, October 21st, 2020.

The Government will review the possible legalization of a hemp industry that would include variations of cannabis low in THC, Prime Minister the Most Hon. Dr. Hubert Minnis announced on Wednesday, October 21st, 2020, in the House of Assembly.

The Prime Minister was speaking as he tabled the Executive Summary Report submitted by the Economic Recovery Committee (ERC).

The Committee has proposed a broad range of reforms and recommendations intended to seed new industries and economic opportunities to expand existing ones; make The Bahamas more attractive for domestic and international investment; and to make certain bureaucratic systems more efficient and less burdensome for citizens and businesses.

Our cannabis laws are outdated and must change, Prime Minister Minnis said. The global legal cannabis market is already in the billions of dollars with significant projected growth in the years to come.

The Prime Minister said Bahamian-owned or majority Bahamian-owned companies must and will lead any new hemp industry in The Bahamas.

Hemp is used in multiple products, from clothing to building materials and even in tea bags, such as Liptons tea bags, Prime Minister Minnis noted.

There are potentially many opportunities for creative Bahamian businesspeople to get involved in this new industry, said the Prime Minister.

The Government will report back to the nation following greater public consultation, he said.

Earlier this year, the Bahamas National Commission on Marijuana recommended the decriminalization of possession of small amounts of marijuana, and allowing medicinal marijuana use.

Starting in 2021, the Government will begin the expunging of records of those convicted for the possession of small amounts of marijuana, said the Prime Minister.

As part of the Governments strategy to continue to create economic opportunities for Bahamian entrepreneurs, there will be a significant increase in funding to the Small Business Development Centre, said the Prime Minister.

Two-hundred and fifty million dollars will be provided to Bahamian businesses over 5 years, said Prime Minister Minnis.

Farmers and fishermen will receive direct financial support through the Ministry of Agriculture and Marine Resources, said the Prime Minister.

A broad, sustained recovery requires Bahamian business people to have the funding required to create jobs, he said. We need our Bahamian entrepreneurs to have money to create new businesses, or to expand existing ones.

The Prime Minister noted that the Government is pursuing a number of policy directions based on recommendations from the ERC but will not accept all of the Committees recommendations.

The ERC represents a cross-section of the public and private sectors and is co-chaired by Acting Financial Secretary, Mr. Marlon Johnson, and Mr. Kenneth Kerr, the CEO of Providence Advisors.

To view the ERCs Summary Report, visit http://www.opm.gov.bs.

Source:Office of the Prime MinisterCommonwealth of The BahamasOctober 21st, 2020

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Bahamas Government to review legalization of a hemp industry, and inject 250M for small business development - The Eleutheran

NASSAU, BAHAMAS A 30-year-old man was sentenced in the Magistrates Court to three years in prison after pleading guilty to stealing more than $50,000 worth of cash and items from a home in Cable Beach, and causing over $50,000 worth of damage.

Leroy Clarke, of St. James Road, Kemp Road, appeared beforeDeputy Chief Magistrate Andrew Forbes and was charged with one count of housebreaking, one count of stealing and one count of damage of property.

Prosecutors alleged that sometime between June 4, 2020 and 5:10 pm on July 27, 2020, Clarke, being concerned with others, unlawfully broke and entered into the home of Hubert Francios-Poncet on Cable Beach, West Bay Street.

He was accused of stealing $10,000 cash in US currency, one PlayStation 3 valued at $321, an assortment of diving and marine equipment valued at $12,643, three smart T.V sets with surround sound valued at $4,646, six pairs of sunglasses valued at $1,020, and an assortment of Louis Vuitton handbags valued at $4,403.

Clarke also allegedly stole one Canyon mountain bike valued at $1,500, an assortment of Canon cameras valued at $3,720, an assortment of wines and spirits valued at $4,000, and an assortment of Tag Heurer Monaco watches and jewelleries together valued at $9,453.

Prosecutors also said that the 30-year-old intentionally and unlawfully damaged one Macys bed frame, one HP LaserJet printer, one alarm system hardrive, one BoConcept couch, one rug, one safe and cabinet and house repairs.

The damages were estimated at$51,878.

Clarke plead guilty to all three charges.

Forbes sentenced him to three years in prison on the three charges.

Yesterday, Clarke was also arraigned on charges of arson of a building.

Prosecutors allege that on October 17, Clarke intentionally and unlawfully set fire to a 46 room, two-story stone structure, the property of Doctors Hospital, causing an estimated $200,000 worth of damages.

He was not required to enter a plea on the arson charge and is expected to return to court for the presentation of a Voluntary Bill of Indictment on December 4.

He was remanded to the Bahamas Department of Correctional Services.

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Man sentenced to three years in prison for stealing over $50000 in cash and items - EyeWitness News

NASSAU, BAHAMAS- Labor Minister Dion Foulkes confirmed yesterday that the government is doing all it can to cause Club Med San Salvador earlier than December 2021 as planned.

Foulkes addressed the issue yesterday during his Ministers Report press conference.

That is a serious concern of the government, he said.

The Club Med resort at San Salvador is the major employer of Bahamians on the island. The Minster of Tourism, Minister DAguilar has been in contact with the Club Med organization to what extent we can cause Club Med to open earlier. It is a serious issue and the government is doing all it can to cause an earlier opening of Club Med on San Salvador.

The French travel and tourism operator indicated last month that it had decided to delay the reopening of itsColumbus Isle resort to December 2021.

The move is seen as a major blow to the island of San Salvador. Club Med had initially announced that it would reopen in December of this year.

The resort has some 180 employees who are represented by the Bahamas Hotel Catering and Allied Workers Union.

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Government doing all it can to push for early Cub Med opening - EyeWitness News

NASSAU, BAHAMAS The Water & Sewerage Corporation (WSC) has obtained a Supreme Court injunction against a reverse osmosis plant operator, asserting that it deliberately and egregiously shut off the water supply to the people of Central Eleuthera.

Eleutheraresidents have had their water supply disrupted for the past several days.

The corporation said in a statement that it hasobtained an injunction against a reverse osmosis operator (of foreign origin) after that company deliberately and egregiously shut off the water supply to the people of Central Eleuthera.

Eyewitness News understands that the company in question is Aqua Design Bahamas Ltd.

The statement continued: These acts come amid the worst global pandemic in the last 100 years, a pandemic where clean water and the maintenance of good hygiene is paramount. This contract, and several other related contracts, were signed under a previous Administration.

The water has been turned back on in Central Eleuthera and, given the shutdown, customers (particularly those at higher elevations) will experience low pressure as the distribution system is being pressurized.

The corporation expressed its apologies to the people of Central Eleuthera for the inconvenience caused by these unfortunate actions.

WSC will take every action to protect the people of Eleuthera and the Bahamas and their right to have access to water. Even as we face COVID-19, the Corporation has endeavored to continue with regular payments to reverse osmosis providers, the statement said.

According to the statement, WSC attorneys appeared Supreme Court Justice Indra Charles upon the instructions of WSC Executive Chairman Adrian Gibson to obtain the injunction.

On Friday, the order was filed and served upon the company in question according to WSC.

The Order includes a penal notice which declares that the said company and its agents may be held to be in contempt of Court and may be imprisoned or fined or have your assets seized should the Order be disobeyed or breached.

The Supreme Courts Order directs that the Defendant company is forthwith compelled to immediately reinstate production and supply of water to the Central Eleuthera Settlements and tocease and desist the demobilization process thereunder.

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WSC obtains injunction against reverse osmosis operator over Eleuthera supply disruption - EyeWitness News