Judge promises fast ruling in BFCL case
speedy decision in the Bermuda Financial Centre case because it may contain "important principles'' for a number of cases pending before the courts.
The hearing, brought by Princess Hotel owner Hamilton Properties, wrapped up yesterday with the two parties taking final stabs at each other.
BFCL lawyer Mr. Narinder Hargun argued the objectors were going to "extremes'' to stop the huge office and hotel complex from being built.
Disputing Princess' right to object and whether its reasons were valid, he contended the hotel's sole interest in the project was as a competitor who didn't want to see another hotel built next door.
Mr. Dunch countered Hamilton Properties was protecting the interests of the hotel industry and the public at large by objecting to the BFCL.
An independent report concluded "beyond doubt it was doomed to fail'', Mr.
Dunch said.
It would "become the largest white elephant the Island has ever seen'', he said. And "the community had a right to be protected'' from the "financial drain'' to them if the $100 million project failed.
The Princess' appeal arises from Acting Environment Minister the Hon. Maxwell Burgess' upholding of the Development Applications Board's decision to give the go-ahead to the BFCL.
Princess is appealing Mr. Burgess' decision on the grounds it may have been biased and the planning appeal process was unconstitutional.
Mr. Dunch has claimed former high-ranking Government member Mr. Winfield had the "upper hand'' even before he submitted the BFCL plans to the Planning Department.
But Mr. Hargun argued it was "wholly inadequate'' for Princess to cry bias based solely on the former relationship of BFCL's chief developer, the Hon.
Michael Winfield, and Mr. Burgess.
Mr. Winfield is a former Government senator and minister.
Princess lawyer Mr. Alan Dunch countered his client "had a civil right to have the merits of its objections fairly considered''.
And there was "an appearance of bias at the very least'' by the fact Mr.
Burgess heard the Princess' appeal when he had worked closely in Cabinet with Mr. Winfield.
Mr. Dunch said the central issue to be decided was whether or not the planning appeal process violated the Bermuda Constitution.
A mere suspicion of bias was enough to infringe on the applicant's right to a fair hearing, he claimed.
But Mr. Hargun said there was no suggestion of a close friendship between Mr.
Burgess and Environment Minister the Hon. Gerald Simons, who decided not to hear the appeal because his employer was a financial backer of the project.
Nor was there any suggestion of a business relationship between Mr. Burgess and Mr. Simons. And it had never been suggested, he said, that Mr. Burgess' employer had any hand in the BFCL.
Summing up, he said, "It is not suggested Mr. Burgess had any reason to be biased or unfair.'' And he could not be disqualified from hearing the case because of his association with Mr. Simons, he argued.
All Cabinet Minister could not be disqualified from hearing the BFCL's appeal simply because a former member headed the project, the lawyer contended.
The objectors had failed to prove that as a result of Mr. Burgess' and Mr.
Winfield's one-time association, Mr. Burgess could not impartially hear the appeal, he said.
Solicitor General Mr. Barrie Meade, in his submissions on Thursday, said no civil rights were denied by the very fact the Princess had a right to appeal the DAB's decision to the Minister and then, if it wanted, to a court of law.
