NICA Dead

Let us Take NICA off Life Support. A group of shareholders of the National Investment Company of Anguilla Ltd met on 2 October at Bob Rogers’ home to consider the meeting that had taken place with the directors on 27 September. The number of members attending and showing interest continues to rise.

Concerns were expressed about the failure of the Board to have taken any steps to prosecute the offences revealed in the Report of Mr Avondale Thomas to the Court in Bob Rogers’ court case of 2003.

Others expressed worry on learning that the Board had leased the Wholesale Building to the Rum Factory at very unfavourable terms. They were paying rent of about $3,500.00 per month instead of $7,000.00. It was also noticed that the Rum Factory was trespassing onto land that they had not been leased. They were proposing to build 10,000 sq ft of storeroom on it.

What was even more worrying was the Board’s expressed intention to bring in to a future general meeting teams of experts to persuade us to let them develop the Gibbons Estate lands owned by the company at Lockrums. Members agreed that after nearly twenty years of mismanagement and inactivity, the company was brain dead and should now be taken off life support machines. The time for the Board to be coming with schemes to develop land was long past.

Particularly worrying to some was the announcement made on radio just that morning that the Board was calling a general meeting of shareholders to elect new directors and appoint new auditors on 22 October at 5:00 pm at the Stoney Ground Primary School. There was general consensus that the company should be taken out of its misery. It was time to apply to the court for a court supervised voluntary winding up. That means that it is pointless to appoint new directors. They will be replaced by the Liquidator immediately he is appointed.

Members also considered that it was pointless to conduct an audit of the company’s accounts over the previous thirteen years. It is not as if there would be an incoming new Board that needed to know what the state of the accounts was. We were now past the stage where audits were required. It would be a waste of money to audit the accounts just before the company was put into liquidation. Members agreed that the ideal Liquidator would be Mr Thomas. He would not need an audit to be presented to him for him to know what to do.

Several members expressed the strong desire that there be a resolution for the company to be wound up on the agenda of any future shareholders’ meeting. Members approved the following resolution to be submitted to the Board of Directors for inclusion in the official Notice calling the meeting: Resolved: That the National Investment Company of Anguilla Ltd be voluntarily wound up, under the supervision of the Court, that the assets of the company be sold, that the debts be paid off, and the balance distributed among the shareholders. Mr Avondale Thomas of Antigua to be the Liquidator of the company.

No Names

In Anguilla We Do Not Name Names. I received the following press release from the government press office on Tuesday. I guess I am on the mailing list as part of Anguilla’s “media”. I challenge you to read the release below and guess what it is really all about [excuse the bad spelling, but I did not think it in my place to correct someone else’s press release]. Have a look at the photographs below that accompanied the press release. Clicking on a photograph should enlarge it for better viewing.

Chief Minister Calls Fire Pit On Meads Bay Beach A Disgrace

The Valley, Anguilla, October, Tuesday, 2nd, 2007 --- The Honourable Chief Minister Osbourne B. Fleming responded to a call at 7:00am Sunday Morning, September 30^th, 2007, made by the West End Concerned Group. Upon his arrival he was alarmed and dismayed to notice that someone had dug a circular hole some 4 feet in depth and 10 ft in diameter and used it for a fire pit right on the beach some 20 feet from the water’s edge.

It was obvious that some form of merrymaking had taken place there on the Meads Bay beach just to the North West of Frangipani the Saturday night before. It was undetermined at the time if the said merrymakers of this function were responsible. The Chief Minister is investigating the matter to determine just who the culprits are. The offenders had not only used the beach inappropriately but displayed blatant disregard for the safety of others. The intention obviously was to provide more lighting or some sort of bond fire effect but what was left in the final analysis was a danger to others that could cause injury. The firewood used obviously was construction material such as lumber with nails and Pallot Boards taken from a construction site in the vicinity. Chief Minister Fleming has called the act disgraceful and an irresponsible use of the beach.

Chief Fleming is urging all persons using the beach to sustain the aesthetics of the beach environment by cleaning up after functions and by ensuring that any and all use of the beaches does not infringe on the rights and privileges of other users. It is quite disturbing to behold sights such as the one witnessed on Sunday Morning at the Middle part of Meads Bay Beach. Mr. Fleming is also encouraging persons to report all such acts to the Environment Department.

What is so funny about this story is that every schoolchild in West End knows who lit the bonfire on Meads Bay. Every little turtle trying to lay her eggs and getting confused with the light from the bonfire knows who held the party. It happens every last Friday in every month. It has been going on for at least the past four months. That is when the Kor Group holds a beach party at night for their sales and construction staff. The party-goers light a big bonfire on the beach. They eat and drink to their hearts’ content. That is what happened on Friday 28 September. Except that this time my information is they were not sitting around the bonfire drinking with merriment. They were drowning their sorrows. After months of effort, and a huge expenditure on flying prospective purchasers in to Anguilla, my information is that not one villa or apartment has sold. Viceroy at Barnes Bay is not selling. The Tides projects at Meads Bay and Savannah Bay are not moving at all. Money is hemorrhaging. Staff are being let go. Carillion, the construction company, has its share of woes. My information is that they are about to leave Anguilla. Anyone with more accurate information is welcome to add their comment.

So, will somebody please enlighten the Chief Minister and tell him that the unknown culprit who left the abandoned fire pit on the beach is probably his favourite developer in the West End of Anguilla?

CORRECTION:

I have just learned from a very reliable source that I misinformed myself and misled you when I wrote above that Viceroy was responsible for the bonfire on the beach. It was nothing to do with Viceroy.

Apparently, Val Davis celebrated the birthday of the charming Ms Lake by holding a beach party on Saturday night. The party involved the subject bonfire. All eyes now turn to Val to see if he will apologise to the Anguillian public for leaving such a mess uncovered on the beach.

Meanwhile, apologies are due from me to Viceroy for the incorrect information. My apologies!

NICA Latest

Board Calls Meeting of Concerned Shareholders. On Thursday 27 September 2007 the Board of Directors of the National Investment Company of Anguilla Ltd called a meeting of the concerned shareholders. It took place in the plush conference room of National Bank. Conrad Walton Fleming chaired the meeting. The members of the Board told us that the purpose of the meeting was to discuss the contents of our letter to them of 14 September. It was a very strange meeting. I left it with a bad feeling.

For one, Calvert Carty confirmed to us that he had been meeting and discussing with a Trickydadian group about developing the Lockrums land. The group had come to Anguilla from Trinidad and made an impressive PowerPoint presentation to the Board. They were excited about the prospects for developing the land.

Now, we all know the history of plans to develop this land. We failed to do it twenty years ago when we had the money and the credit. Now, when we are bankrupt, and ready to die of old age, we are going to develop land? If that happens, I prophesy that no shareholder of NICA will see a dollar of the “profits” from such a project.

The only sensible next step is for the shareholders to resolve to wind up the company, appoint an independent accountant to be the voluntary liquidator, have the assets sold, the debts paid off, and the balance distributed to the shareholders. I will be happy with nothing less. On the poll on this website 86% of those who voted on the issue agree with that solution.

We were disappointed to learn that the Board has not made a complaint to the police about any of the contents of the Thomas Report. When they were elected, it was with specific instructions to have the police commence the necessary proceedings. Their excuse is that their lawyers told them to be careful. Yes, they have to be careful. But, the Thomas Report contains evidence that should have been put in the police hands. There is no risk for the Board in that.

We were disappointed to learn that they had failed to pay KPMG, the auditors appointed by the shareholders, to get the missing ten years of audits done. That, after three years! Their excuse is that it was too expensive. US$10,000.00 per year is not expensive, given the element of risk and the insurance premiums that KPMG must pay for taking on jobs like this. We knew the cost at the time. It is not a new cost. It is what the shareholders were always told. Now, the Directors say they want the shareholders to appoint new auditors at a reduced fee. What for? This is not a live, trading company where we have time to fiddle about.

The bank accounts of the company are overdrawn by some EC$300,000.00. Some of the overdraft has been paid off, but not all of it. We are paying the bank a huge amount of overdraft interest. I would not be surprised if it was about 20% a year. But, the company has assets it could sell to pay off all of its debts. It holds over one million EC dollars invested in shares in various companies. There is some $300,000.00 in inventory still in the “bookstore”. Clearly, the duty of the Board was to have sold the necessary assets to pay off the overdraft.

They should have done this in their first six months of appointment in 2004. They should have taken advice on what to do with the Thomas Report. They should have taken advice on the quickest and most profitable way to unload the land. And, they should, as instructed in the year 2004, come back to the shareholders with a plan to bring the misery of the company to an end.

The Board promised the meeting that they would call a general meeting of shareholders in a few weeks time, as requested by the Bob Rogers’ and Collins Richardson’s group of concerned shareholders. I hope they are not coming with proposals to keep the company on life support machines. The only proper recommendation that should be before the shareholders at that meeting should be a resolution to bring NICA’s pathetic existence to a merciful end. That’s my view.

Information

The Right to Know. Today, 28 September, is International Right to Know Day. It was established to support global Freedom of Information legislation. The aim of Right to Know Day is to raise awareness of every individual’s right of access to government held information: the right to know how elected officials are exercising power and how taxpayers’ money is being spent. Freedom of information advocates have used the day to share ideas, strategies and success stories about the development of freedom of information laws and the goals of open government.

It is celebrated from Argentina to Venezuela, from Uganda to the Ukraine, and even in the United Kingdom. In these countries, it is secrecy that must be justified, not openness.

In Anguilla and other places with repressive regimes, no celebration will be required.

[Adapted from a letter to the Editor by London Reader published in today’s St Helena Independent.]

Communications

Public Relations. I don’t know how many of you heard the Chief Minister on Elkin Richardson's “To the Point” on Monday. I missed it myself because I was stupidly looking at a movie and missed the start time of 7:30 pm. I have been around town Tuesday morning. Everyone was talking about the show. Some of the comments are quite revealing.

One person told me, “I thought he acquitted himself very well. If he had done this once a week for the past seven years, and simply explained what they are doing and why, they could have prevented much of the criticism they've received. It is a mystery to me why all of the Ministers have such a poor understanding of simple public relations -- simple communication, actually. They should dump Curtis and hire Elkin to do their PR.”

Someone else told me that the CM commented that he doesn't like to come on the radio because he prefers to discuss issues with people face to face. In a community of 13,000 people this is either bogus or stupid. I don't know which is less worthy. The CM has to ensure that his plans, programmes, and activities are broadcast and widely publicised. It is simply not possible for him to have a personal chat with each person on the island.

It is not hard to give an example of what can go wrong if he fails to do this. I understand the CM said he was listening last week when someone [Haydn] called in to the radio programme accusing him of lying about working on the minimum wage regulations. According to Haydn, a committee had been appointed but had never met. Last night the CM corrected this and said they had met twice. But again, if the CM had told the people the committee had met twice, instead of keeping it a secret, this would never have happened. He isn't a victim of Haydn; he's a victim of his own secrecy. Meeting personally with a small clique of sycophants at breakfast at Nico’s Restaurant is not a substitute for talking openly and regularly to the people by broadcast on the media.

Congratulations are due to Elkin for prising the Chief Minister out into the public view. We all hope he can do it again soon. For the Chief Minister's own good.

Chief Minister

To the Point. On Monday 24 September 2007 Chief Minister Osborne Fleming was the guest on the radio talk show, “To the Point”. Host Elkin Richardson has scored a major coup. What a relief it was for most of us to hear the Chief Minister shine a torch in some of the darkest corners of the labour and environmental issues that concern us! If only he could have been doing this regularly! One of my correspondents described the programme in words that I cannot better. I copy him verbatim as follows:

The Chief Minister was on "To the Point" last night. He went through the history of the dolphins in Anguilla. Most of the story we already know well.

He stated that when Dolphin Fantaseas first applied there was quite a bit of opposition from the community. He was in the opposition at the time and had nothing to do with the original approval, which was Hubert's.

He said that at the time, unlike now, the economic and employment situation in Anguilla was not that good, so the application was favourably received. What I hope I heard him saying between the lines is that things have changed and we don't need low class circus sideshows any longer.

He confirmed that Viceroy and DF were in court last week and DF was ordered to cease doing business at their present location. He didn't say if or when they were ordered to vacate. Most or all employees were laid off. They came to see him. He told them this was a matter for the court, and he thus could not interfere.

This is true as regards to the dispute over possession, but probably does not apply to the application to move to Blowing Point. Strangely, he never mentioned this issue and was never asked about it.

Elkin asked him if there was nothing he could do for the employees. He said all he could do is try to use "moral suasion" to get Viceroy to change their position. I don't think Viceroy wants a low class circus sideshow in the middle of their five-star resort.

It seems to me that if it seemed likely or even possible that the move to Blowing Point would be approved, he would have made some reference to this, or at least to some vague "other arrangements." He did not.

Of greatest interest, he stated that the Mexicans he found building the pen at Mariners did not have work permits and were on the island illegally. So why did they continue to work there, and why were they used to removing the pilings? And they are still there? Why are they still there? Why haven't they been deported?

Elkin asked if DF hadn't misinterpreted Planning approval for final approval to move to Sandy Ground. The CM said no, the document from Planning said right on it that they still had to apply for a permit to use the foreshore.

It appears to me that DF may have screwed themselves by bringing in illegal workers and ignoring conditions of Planning. This is not a good way to get the CM's help.

More on the interview in my next post.

No News

No News Is Good News. Well, here I am back in Anguilla. Grenada was a revelation over the weekend. The entire Court of Appeal was there, together with the local judges. Following the official opening of the new Law Year on Thursday, there was the Third Annual Law Fair on the Friday. Sir Anthony Clark, Master of the Rolls, made an interesting presentation on the new Rules of Court. The di Mambro team was there to back him up. The Grenada government is so antagonistic to the legal and judicial system that they, in essence, boycotted the Law Fair. The PM did not turn up to any function, even the Governor General’s cocktail party. Nor did either AG, de jure or de facto. Those of you in the know will know what I mean. Those of you who don,t, don’t need to know. The Minister of Justice and of Education turned up for the opening of the Law Year. That was very brave of her. I fear that she will not gain any Brownie points with the PM. Anguilla failed to make an appearance at the Bar Council meeting held on the Saturday. Not for the first time in recent years.

Back in Anguilla, I have been through the email that has accumulated in my Inbox. Lots on the Chagossians, and on the Camanians, and the Saints. But, nothing new about Anguilla. Well, that is a good sign, I suppose. Things must be quieting down.