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Government satisfied with waterfront ruling

An artist’s rendition of the proposed waterfront development (File photograph)

The Bermuda Government has expressed satisfaction with a Supreme Court ruling that struck out several legal claims linked to the Hamilton Waterfront project.

A spokeswoman noted that Chief Justice Ian Kawaley found the claims from developer Michael MacLean an abuse of process and “a gross misuse of the constitutional processes of the Court”.

Allied Development Partners Ltd and Allied Trust launched a legal action against the Minister of Home Affairs and the former Attorney-General this year after contracts to develop the waterfront were voided by Parliament.

This week’s ruling struck out claims that the voiding of the lease was unconstitutional, with the court finding that the developers had abandoned their right to challenge the validity of the voiding process and were bound by their choice to pursue compensation.

The spokeswoman also noted that the allegations made by Mr MacLean that three people — Senator Michael Fahy, MP Craig Cannonier and former Attorney-General Mark Pettingill — had solicited bribes were both strenuously denied by the ministers and found by the courts to have “no relevance” to the application.

“The result of this judgment is that the matters relating to the waterfront development will return to the arbitral process where they belong, and it is hoped that the matter can be resolved promptly,” the spokeswoman said.

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