1.10pm UPDATE: The Deputy Provost Marshal has chained the side gate entrance to Nygard Cay and locked it. The lock for the side gate has also been changed and the key for automatic gate has been confiscated.

Video Nygard property Friday morning

FRIDAY MORNING UPDATE: At 11.06am, the Deputy Provost Marshal, along with a team of police entered Nygard Cay. A locksmith was called to open a smaller side gate at the entrance. They have now entered the property.

Video Nygard Property

Video Nygard Property 2

By AVA TURNQUEST

Tribune Chief Reporter

aturnquest@tribunemedia.net

AFTER waiting more than four hours, the Deputy Provost Marshal of the Supreme Court was yesterday denied entry to Nygard Cay as he attempted to execute a court order to seize the property.

The developments, which saw both marshal Tommy Sands and a team of police officers denied access yesterday, led attorney Fred Smith to declare Canadian fashion mogul Peter Nygard had set himself “above the law”.

The order follows a petition by Save The Bays to have Nygard Cay sold to satisfy the $2.2m debt Mr Nygard owes in legal costs from illegal dredging activities.

Mr Sands told The Tribune the purpose of the court order was to allow him to take stock of all goods and chattel and seize them for the court.

“The court’s order is being executed on Mr Nygard,” said Mr Sands shortly before 1pm, “that’s the purpose of this order but I’m not physically moving anything. But I am seizing properties and making sure that nothing is removed from this property. So I’m taking an actual stock of everything that’s here and I’m seizing them.”

Mr Sands said: “(Mr Nygard) he’s allowed access to the property but he can’t move anything until this judgment is settled.

“I’m just making sure that the owners or the actual person who Mr Nygard owes these funds to, that they will recover their funds.”

Mr Sands was accompanied by two security officers, and could be seen speaking with someone through the bars of the massive gate that protects the entrance to the property. After some twenty minutes, The Tribune was told Mr Nygard was on his way and that the marshal had agreed to await his arrival.

At 2.15pm, a police car with four police officers pulled up and could also be seen speaking through the gate to several people on the property alongside Mr Sands. At one point, it was understood that staff had been given thirty minutes to vacate the property. Mr Sands could be seen affixing a notice to the entrance gate which stated: “This property was seized by order of the court.”

The police officers left in their car after about an hour of waiting around and talking back and forth amongst themselves and to several people through the gate.

At various times, several people behind the gate appeared to be laughing, but it was not clear in what context.

At 4.12pm, the matter still had not progressed.

“Right now we are still waiting for Mr Nygard,” Mr Sands said at the time. “Mr Nygard was supposed to be here, apparently he got word and for some reason he is not here, but the court has made an order, that order is going to be enforced as sensibly and as humanely as possible, but it will all depend on what they do.”

Mr Sands continued: “Mr Nygard has one or two recourses – he can settle the matter, or then he can have his goods and chattels possessed. Once the matter is settled, everything ends.”

When asked whether he would enter the property by force yesterday, Mr Sands said: “I am minded to be as patient as possible and to deal with this matter, but to resolve this matter.

“I’ve already requested access and it has been denied at this point,” he said.

“Also you would have noticed that the police were here and the police were prepared to enforce this order.”

Mr Sands stressed that he had used his discretion not to force entry onto the property at that time, in a demonstration of patience. When asked how long his patience would last, Mr Sands said: “That I will keep to myself.”

When asked what recourse the courts had after being denied access, Mr Sands said: “There is always recourse for the court, for the deputy provost marshall. The deputy provost marshall could walk on that property right now with police in hand and they just take possession of the property.”

He reiterated his desire for the matter to be resolved peacefully.

However, at around 4.45pm, Mr Sands advised that he would return in the morning – today.

Yesterday, Mr Smith insisted the ordeal was a “slap in the court’s face”.

“Nygard has once again shown to the entire government of The Bahamas that he thinks he is completely above the law,” Mr Smith said.

“(Nygard) He has repeatedly defied the orders of the Supreme Court…he’s been found in contempt by the supreme court on three occasions. He is to be sentenced tomorrow and on the eve of that hearing he is yet again defying the deputy provost marshal, who is armed with the writs of execution by the Supreme Court.

Mr Smith continued: “Despite even the police being present, Mr Nygard has denied the most senior marshal of the Supreme Court entry to levy execution. I wonder how any other Bahamian would fare against the provost marshal and a squad of police knocking at the door if they can just tell them to go away and just wait for Mr Nygard to come back?”

“I find it appallingly undignified that the provost marshall should hang around outside of Nygard gate for nigh on four hours waiting for Mr Nygard to show up,” Mr Smith said, “or just waiting to be given entry, I mean that is just so disrespectful of law and order in The Bahamas.”

“This is the Republic of Nygard,” he added, “apparently we need a passport to enter the Republic of Nygard, even the provost marshal can’t go in.”

Mr Nygard is expected to appear in Supreme Court Justice Indra Charles’ court to be sentenced on two contempt convictions by Justice Rhonda Bain, who has retired.