By Melanius Alphonse
Caribbean News Now associate editor
melanius@caribbeannewsnow.com
CASTRIES, St Lucia — Opposition member of parliament and former prime minister, Dr Kenny Anthony, has confirmed that his lawyers have filed a claim in the High Court against the government of Saint Lucia for entering into agreements with Desert Star Holdings Ltd, also known locally as “DSH”, for the construction of a new horse-racing facility and residential enclave to be financed by the country’s citizenship by investment programme.
The claim seeks declarations from the court that the agreements between the government of Saint Lucia and Desert Star Holdings Ltd are unconstitutional, null and void. The claim also argues that that the financial arrangements underpinning the agreements are unlawful as they are in breach of the Finance Administration Act of Saint Lucia, the Citizenship by Investment Act and the Regulations made under the Act.
It also seeks declarations that the agreements to grant concessions are irrational and an abuse of the discretionary powers of the government of Saint Lucia. The court is also asked to order an injunction on the project if it rules in favour of the claimant.
According to Anthony, he has taken this step because he believes that the agreements as presently exist are not in the best interest of his constituents, the neighbouring constituencies or the people of Saint Lucia in general.
“The agreements will destroy and/or inflict considerable harm on the farmers in my constituency and nearby communities. Already, several cattle farmers have lost their animals because of the indiscriminate removal of fencing protecting grazing grounds by the contractor engaged in preparing the horse racing site. The traditional grazing grounds on the Beausajour site no longer exist. Some farmers have also abandoned their animals and their crops as a direct result of the actions of the government,” he said.
“It is irrational to deactivate a just completed meat processing facility which was a gift from a foreign government at a cost of approximately EC$24 million, the location of which was once held to be strategic to cater for the needs of the farmers in the immediate and surrounding communities,” he continued.
The multibillion-dollar, so-called ‘Pearl of the Caribbean’ DSH project has generated much controversy since it was first announced, including a national protest march last year.
The developer is a Cayman Islands-registered affiliate of a Hong Kong-based thoroughbred horse company run by Teo Ah Khing, an architect and entrepreneur who founded the China Horse Club. The ‘Pearl of the Caribbean’ project is valued at over US$2.6 billion and occupies a 700-acre site in the south of Saint Lucia.
However, the proposed development has raised a number of environmental issues as well as questions over a $100 million discrepancy between the cost of the project ($2.6 billion) and the amount of money to be raised from passport sales ($2.7 billion).
Furthermore, as former Cabinet minister Richard Frederick pointed out, “The Chinese are putting in nada (nothing).”
On Friday, Anthony noted that the agreements strip the people of his constituency of their patrimony, access to their beaches and surrounding lands, including one of the few remaining beaches left for the enjoyment of Saint Lucians.
“Vieux Fortians will become prisoners in their own community. The proposed development will undoubtedly suffocate the town of Vieux Fort and its future expansion and development.
“Further, I cannot accept that the site which accommodates the National Stadium should be yielded to DSH.
“The proposed method of financing the proposed development is outrageous and an abuse of the goodwill of the people of Saint Lucia.
These agreements are not, in my view, in the interest of my constituents and indeed the people of Saint Lucia. As I have said before, I will oppose these agreements with every ounce of strength that I have,” he added.
Anthony is represented by Anthony Astaphan SC and Leslie Mondesir of the chambers of Mondesir, Pierre and Associates.
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