Affidavit of John Joseph DiPaolo

7/26/2019 Affidavit of John Joseph DiPaolo

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COMMONWEALTH OF THE BAHAMAS 2016/CLE/gen/

IN THE SUPREME COURT

Common Law and Equity Division

B E T W E E N:

(1) FREDERICK ROY SMITH Q.C.

(2) LOUIS M. BACON

(3) JOSEPH DARVILLE

(4) ROMAULD FERREIRA

(5) REVEREND C. B. MOSS

Plaintiffs

- and -

(1)PETER NYGARD

(2)KEOD SMITH

Defendants

Affidavit of John Joseph DiPaolo[In support of application for interlocutory injunction]

I JOHN JOSEPH DIPAOLOof Fort Lauderdale, Florida make oath and say as follows that:

1. I am President of The D&R Agency LLC based in Fort Lauderdale, Florida.

2. I make this Affidavit in support of the Plaintiffs application for an interlocutory

injunction filed herein by way of summons on even date (the Application).

3. I depose hereto from my personal knowledge unless otherwise stated, and where

otherwise stated, I set out the grounds and sources of my information, which I verily

believe to be true.


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4. The Exhibit herein marked EXHIBIT JJD1 contains a paginated bundle of the

documents and audio and video recordings referred to herein or which are otherwise

relevant to these proceedings. References to particular documents in that Exhibit are by

way of reference to the Exhibit and the page number in the format: Exhibit JJD1/P.

Introduction

5. I was among several investigators retained in February 2015 to investigate the genesis

of several events, demonstrations and well-organized Hate Rallies held in New

Providence in 2013 and 2014 and which were organised at the behest of Lyford Cay

resident Peter Nygard, the 1stDefendant (Mr Nygard), for the purpose of harassing,

intimidating, threatening and causing harm, distress and anxiety to the Plaintiffs.

6. The investigation team of which I was a member was composed primarily of retired FBI

and retired Scotland Yard professionals and Bahamian investigation and security

professionals.

7. During the course of our investigation, we, the investigation team, discovered that over

the last two to three years, Mr Nygard has masterminded an aggressive campaign of

harassment, intimidation and violence against individuals in The Bahamas, including

the 5 plaintiffs herein whom he appears to have viewed as his personal enemies.

8. This campaign includes a conspiracy with at least two Nassau-based criminals to have

Louis Bacon, Frederick Smith QC, Mr. Maillis , and Tribune Business Editor Neil

Hartnell murdered.

9. These and other relevant facts have been affirmed in sworn statements provided to us by

two of the gang members, Livingston Bullard (aka Toggie) and Wisler Davilma (aka

Bobo) (Bullard and Davilma) along with audio and video copies of five covertly


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recorded meetings that took place between Bullard and Davilma and Mr Nygard, in

which violent and aggressive acts were discussed.

10. These acts of harassment, intimidation and violence all took place against the backdrop

of what has been described to us by the Plaintiffs as high-profile public interest

litigation between, on the one side, a non-profit environmental group with which the

Plaintiffs are affiliated (The Coalition to Protect Clifton Bay commonly referred to as

Save the Bays) and, on the other side the Defendants herein, Mr Nygard and Mr.

Keod Smith, and senior members of the cabinet of the Government of The Bahamas.

11. Our investigation uncovered, and the chronology set out in the remainder of this

affidavit vividly demonstrates, that alongside the Defendants efforts to derail and delay

the various court proceedings brought by Save the Bays to seek to address their

activities at Nygard Cay and Jaws Beach, Mr Nygard and Mr. Keod Smith have

conspired to conduct an audacious campaign to violently decapitate Save the Bays by

attacking its directors, attorneys and supporters.

12. The Plaintiffs have been the victims of a coordinated and vicious campaign of

intimidation, harassment, vandalism, hate rallies involving thousands of people, death

threats, fire bombings and physical attacks. In addition, the Plaintiffs have reason to

believe that there was an assassination plot involving two of the Plaintiffs.

Background

9. The source of the information in this Backgroundsection is (in relation to paragraphs

10 to 17) the Plaintiffs themselves and (in relation to paragraphs 18 to 29) the affidavit

of Martin Lundy and the exhibits thereto sworn herein on 8th March 2016 (Mr

Lundys Affidavit).

10. For 30 years, Mr Nygard has been the owner of a property at the northwestern tip of

Lyford Cay, formerly known as Simms Point, now referred to as Nygard Cay.


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11. The 1st to 4th Plaintiffs, Frederick Smith QC, Louis Bacon, Joseph Darville and

Romauld Ferreira, are all directors of the Coalition to Protect Clifton Bay (known as

Save the Bays or the Coalition) an association of community leaders, concerned

citizens, residents and environmentalists committed to environmental issues in The

Bahamas.

12. The First Plaintiff, Mr Frederick Smith QC (Mr Frederick Smith) is the managing

partner of the law firm Callenders & Co. He is a well-known environmental protection

litigator and President of the Grand Bahama Human Rights Association, an NGO which

he helped to form over 30 years ago. He is co-founder, director, spokesperson and legal

counsel to Save The Bays.

13. The Second Plaintiff, Mr Louis Bacon (Mr Bacon), is a conservation philanthropist

who has spent more than two decades leading efforts to protect natural resources in the

United States and abroad. He is a home owner neighbouring Mr Nygards property at

Lyford Cay, New Providence, The Bahamas and is a director of Save The Bays.

14. The Third Plaintiff, Mr Joseph Darville (Mr Darville), is a founding member and

Vice-President (formerly President) of the Grand Bahama Human Rights Association, a

founding member and Chairman of Operation Hope (a volunteer drug prevention,

education and rehabilitation program), a founding member of the Caribbean Human

Rights Network and Administrative Vice-President of the Freeport YMCA. Mr Darville

has received numerous awards for outstanding service and achievement in teaching,

communication, and citizenship, including the Commonwealth of Bahamas Silver

Jubilee Award for Outstanding Contribution to National (Community) Development.

He is a director of Save the Bays.


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15. The Fourth Plaintiff, Romauld Ferreira (Mr Ferreira) is an ecologist and counsel and

attorney employed by Ferreira & Company and a director and legal counsel to Save the

Bays.

16. The Fifth Plaintiff, Reverend CB Moss (Reverend Moss), is the founding Pastor of

the Mount Olive Baptist Church in The Bahamas and Executive Director of Bahamas

Against Crime, a community-based volunteer organization for the residents of The

Bahamas to help tackle crime. Reverend Moss has formerly been President of the

Bahamas Red Cross Society, President of the Scout Association of the Bahamas,

President of the Bahamas Christian Council and a Senator and the Vice-President of the

Bahamas Senate appointed by the PLP political party when it had formed the

Government of The Bahamas between 2002 and 2007. He is a member of the Clifton

Heritage Authority. Reverend Moss founded an organisation 17 years ago called The

Coalition to Save Cliftonwhich continues to call for the creation of a Clifton Marine

Park and has for some years campaigned to prevent Mr. Nygard from benefiting from

illegal Crown Land-reclamation.

17. Save the Bays, amongst other objectives, aims to draw attention to and prevent

unregulated development and to hold the Government to account in its responsibility to

safeguard the nations Crown Land. In particular it campaigns against the selling,

leasing or giving away of Crown land without proper public scrutiny and public

approval.

18. To that end, in May 2013 Save The Bays brought (with leave of the court granted in

June 2013) judicial review proceedings against the Prime Minister, the Deputy Prime

Minister and other government ministers and agencies for their failure to take action

against Mr Nygard and Mr. Keod Smith and seeking court orders requiring them to take

such action (the 2013 Action). Mr Lundys Affidavit exhibits Save The Bays court

documents and other papers supporting this and succeeding paragraphs.


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19. Save The Bays complaint in respect of Mr Nygard is that since 1984, when he

purchased his property at Simms Point (known as Nygard Cay), he has unlawfully

expanded his property far beyond its original footprint by engaging in environmentally-

degrading activities, such as the construction of sea walls, placement of gabions and

dredging of the (crown-owned) seabed. He has almost doubled the size of his property

since he purchased it in 1984.

20. Save the Bays is seeking to hold the government to account for in effect allowing Mr

Nygard to continue to reclaim Crown land from the sea in this manner and in the

process depriving beaches further south in Clifton Bay, including Jaws Beach, of sand.

21.

By the 2013 Action, which is still ongoing, Save The Bays has put into the spotlight and

before a court of law the question of the status of this reclaimed land and the fact that

Mr Nygard is not entitled to, and ought not to be granted, a crown lease of that land. In

June 2013, Save The Bays obtained a court order preventing Mr Nygard from

proceeding with the building of a groyne and dredging work on the seabed located

southeast of Nygard Cay until the 2013 Action is decided or until further order (the

Injunction). The Injunction remains in place today.

22. The complaint in respect of Mr. Keod Smith in the 2013 Action is that he is responsible

for unauthorised works to the dock and beach at Jaws Beach, a public beach south east

of Clifton Bay (the Dock Works).

23. The 2013 Action has been seriously delayed by groundless and, so the judge has held,

scandalous, recusal applications brought in 2014 by Mr. Keod Smith and in 2015 by Mr

Nygard seeking to have the judge hearing the case removed for bias (as detailed below).

24. In 2014, a second and third set of judicial review proceedings were commenced by Save

The Bays in response to the Prime Minister, Deputy Prime Minister and Director of

Physical Planning (Mr Michael Major) taking steps to retrospectively authorize the


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illegal construction, dredging and land reclamation activities carried out by Mr Nygard

in and around Clifton Bay since 1984.

25. In December 2014, Mr Nygard carried out dredging activities on the seabed southeast of

Nygard Cay in breach of the Injunction. In response, in December 2014, Save The

Bays filed a motion to commit Mr Nygard to prison for his breach of the Injunction. In

March to April, 2015 Mr. Nygard engaged in further dredging activities in breach of the

Injunction causing Save the Bays to file another motion in June 2015 to commit Mr.

Nygard.

26. The hearing of those committal motions has been delayed by Mr Nygard bringing, in

September 2015, a groundless recusal application against the judge hearing the case in

which he made allegations of bias against her. The recusal application was supported by

an affidavit sworn on Mr Nygards behalf by Mr. Keod Smith. That recusal application

was refused by the judge in a ruling dated 25thJanuary 2016 in which she found that it

was baseless and described the allegation of bias made by Mr. Keod Smith in his

affidavit on Mr Nygards behalf as scandalous and undermin[ing] the

administration of justice.

27. Mr. Keod Smith had himself brought similarly groundless recusal applications against

the same judge in January 2014 (which were subsequently withdrawn) and which

resulted in the court bringing proceedings against Mr. Keod Smith and his attorney of

her own motion in December 2014 and March 2015 requiring Mr. Keod Smith and his

attorney to show cause why they should not be committed for contempt. These

contempt proceedings are still ongoing.

28.

A 4th action was brought by Save The Bays in January 2015 against the Director of

Physical Planning, Michael Major, for granting Mr Nygard a permit to dredge in

October 2014 and for allowing him permission to place dredged sand on the beach at

Nygard Cay in December 2014.


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Violent attack on Frederick Smith QC - April 2013 at Jaws Beach

29. In March 2013, in advance of the 2013 Action being launched, Save The Bays wrote to

the relevant Government ministers and agencies calling on them to take action in

relation to Mr Nygards illegal land reclamation activities. At the same time Save the

Bays sent a cease and desist letter to Mr Nygard with regard to the same.

30. On 23 April 2013, it came to light in the media that the unauthorised Dock Works were

being carried out at Jaws Beach by or at the behest of Mr. Keod Smith, a known

associate and the attorney at the time for Mr Nygard. Copies of the relevant newspaper

articles are exhibited at Exhibit JJD1/384-387.

31. Two days later, on 25 April 2013, Mr Frederick Smith went to Jaws Beach in his

capacity as director of and attorney for STB in order to observe for himself the Dock

Works going on there. Mr Frederick Smith was physically attacked by Mr. Keod Smith

and his associates and was subjected to a tirade of abuse.

32. The full details of the assault are set out in a signed statement made by Mr Frederick

Smith to the Attorney General and Commissioner of Police signed on the day of the

assault, 25 April 2013. I am informed by Mr Frederick Smith and verily believe that this

statement formed the basis of a complaint that was formally and personally lodged with

the Police and was sent to both the Commissioner of Police and the Attorney General.

This statement is now shown to me at Exhibit JJD1/367-379. This statement is the

source of my information about the assault on Mr Frederick Smith as set out in the

following paragraphs.

33. When Mr Frederick Smith arrived at Jaws Beach on 25 April 2013 he began to converse

in a peaceful and calm manner with a number of men (5 to 7) who were carrying out the

Dock Works there. These men indicated to him that Mr. Keod Smith was in charge of

the work being carried out. Mr Frederick Smith observed that the t-shirts the men were


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wearing were emblazoned with slogans: On the front of the t-shirts: RE

NEGOTIATE; Clifton is Ours; Dont Mess With Us. On the back of the t-shirts:

We wont let LOUIS BACON AND HIS UNRIGHTEOUS COHORTS, ROB,

LIE, TRICK OR BRIBE US OF OUR INHERITANCE; RE NEGOTIATE.

34. After about a half an hour, Mr. Keod Smith himself arrived on the scene just as Mr

Frederick Smith was making his way back to his rental car. Mr. Keod Smith, seeing

that Mr Frederick Smith was filming the Dock Works began to verbally insult and

harass Mr Frederick Smith. Mr Frederick Smith tried, to no avail, to calm the situation.

35. As Mr. Keod Smith became more and more heated and aggressive in his speech he

began to push himself up into Mr Frederick Smiths chest several times and on a couple

of occasions he brandished a large casuarina stick at Mr Frederick Smith, pushing his

chest with his hands and jumping up into Mr Frederick Smiths face and screaming and

hurling abuse at him. This happened on several occasions and on each occasion Mr.

Keod Smith was clearly trying to provoke a physical reaction. Mr. Frederick Smith did

not react physically.

36. During this tirade of abuse directed at Mr. Frederick Smith, Mr. Keod Smith repeatedly

said he was going to take care of Mr. Louis Bacon and Mr. Frederick Smith. In

particular, with respect to Mr. Bacon he said that before Mr. Keod Smith was finished

he would make sure that Louis Bacon was jailed in Fox Hill Prison and he said:

I have a big 6 foot black man that is going to take care of

Bacon when we get him into Fox Hill.

37.

As Mr. Keod Smith continued his tirade, his workers, who had been peaceful up until

then, started to stand up and pick up and hold their tools and instruments as weapons in

a ready to strike position.


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38. Mr Frederick Smith became frightened for his physical wellbeing. It became apparent

that Mr. Keod Smith was determined to incite riot and harm towards him. Mr Frederick

Smith became fearful of the workers and what they might do to him because it was

obvious they were controlled by Mr. Keod Smith.

39. At one stage he tried to leave but Mr. Keod Smith said that Mr Frederick Smith was on

Mr. Keod Smiths beach now and that Mr Frederick Smith could not just decide to leave

and could only leave when Mr. Keod Smith said he could leave. Mr Frederick Smith

got into his rental car and tried to move it but Mr. Keod Smith told the workers to

surround the car and stood directly behind the car and prevented Mr Frederick Smith

from moving.

40. Mr Frederick Smith got out of his car and was still surrounded by the workers and Mr.

Keod Smith came very close and again started jabbing and jarring him in the chest and

apparently trying to provoke a fight. He was in a rage. The workers milled about and

Mr. Keod Smith went back to his car for something. Mr Frederick Smith again got into

his car and tried to leave but Mr. Keod Smith came dashing back and told the tractor

driver to hurry up and bring the tractor behind the rental car so that Mr. Frederick Smith

could not reverse.

41. Mr. Frederick Smith was very frightened for his life at this stage. The car was

surrounded by all of Mr. Keod Smiths workers. Mr. Keod Smith himself had a big stick

about 4 feet long and all of the others were brandishing their weapons of one sort or

another.

42.

One person stood in front of the car with a stick while others started hitting it with their

weapons, all the while Keod was shoutingDont let him go, dont let him go.


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43. As Mr. Frederick Smith attempted to escape the scene in his car, they continued to bang

on the car and one of them landed a heavy blow, or several, with a steel curved bar and

broke the rear windshield. The smashing, shattering glass flew into the back of the car.

44. Mr. Frederick Smith then drove towards the street and stopped just where the sand

ended and looked back. As he caught his breath he began to take photographs of the

shattered back windshield. As he did so, he was surprised to see Keod making his way

towards the car again. Mr. Frederick Smith filmed his approach. When he reached the

back of the vehicle Mr. Keod Smith placed his hand through the shattered, broken

windshield and removed the steel bar which had been used to smash the windshield. A

video of this taking place is at Exhibit JJD1/213(11).

45. During the course of his tirades Mr. Keod Smith was telling the workers,

Now you see who he is; Thats Bacons lawyer; Thats the

Haitian.

46. After the attack Frederick Smith filed his official complaint with the Royal Bahamas

Police Force about the incident. I am informed by Mr Frederick Smith and I note from

the newspaper article exhibited hereto at Exhibit JJD1/342 that following his official

complaint, Mr Frederick Smith was arrested and charged on a trumped up criminal

charge as a result of one of Mr. Keod Smiths workers filing a police complaint which

falsely accused Mr Frederick Smith of injuring him. I am told by Mr. Frederick Smith

that in due course, before the criminal trials began, the Attorney General withdrew the

charges against Mr. Frederick Smith and Mr. Keod Smith. Mr. Frederick Smith told me

that Mr. Keod Smith told him that the Attorney General had withdrawn the charges

because Mr. Keod Smith had been asking, pressing and urging the Attorney General to

do so. Mr. Keod Smith is a celebrated member of the PLP political party. He defeated

the Leader of the FNM political party, winning his seat from him in the 2002 General

Election and was a member of Parliament between 2002 to 2007 during which time the

PLP formed the Government of The Bahamas.


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Hate Rallies

47. There took place in 2014 and 2015 a series of aggressive public hate rallies/marches,

targeting Mr Frederick Smith, Mr. Bacon, Mr. Darville, Reverend Moss and other

Coalition directors and allies. They were held on the orders of Mr Nygard and paid for

by him.

48. Bullard has confirmed to me and my colleagues that they were paid by Mr Nygard to

organize and carry out two of these hate rallies and that they in turn paid those who

attended them. A copy of the signed statement of Bullard of 19 February 2015 is at

Exhibit JJD1/1-4.

49. In addition to my interviews with Bullard and Davilma, my sources of information in

relation to these rallies are inter alia the letter of complaint (plus attachments) dated 27

February 2015 by Callenders & Co (on behalf of the Plaintiffs) to the Commissioner of

Police. There is now shown to me a copy of the letter and attachments at Exhibit

JJD1/260-279 and Exhibit JJD1/280-341 respectively. There is further produced and

shown to me videos of the said rallies at Exhibit JJD1/213(7)-(10C).

July 2014 Hate Rally

50. On 14 July 2014, thousands of Bahamians (4,500 according to Bullard1) marched in

Rawson Square, Nassau in a protest described by local broadcaster, ZNS to be in

support of Mr Nygard. During the rally, participants were wearing t-shirts and carrying

placards and other signage containing offensive and threatening language. Mr Frederick

Smith arrived on the scene as the crowds were dissipating.

51. For instance signs declared:

1Statement dated 19 February 2015, page 1 line 23 Exhibit JJD1/1


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Save the Bay is a fake cover

Join the Coalition to Banish Bacon

Reclaim Pigeon Pea and the Mud Fred Smith

CB Moss is a liar and a thief

CB Moss is a paid fraud

CB Moss a slave to Bacon

Its time to put the trash out. Louis KKK Bacon.

Louis Bacon is a liar (see photographs at Exhibit JJD1/280-291)

52. During an interview with ZNS, a Mr. Chea, described in the report as Thomas Chea

and a supporter of Mr. Nygard, claimed that the objective of the protest was to defend

the criticism against Mr. Nygard concerning his controversial development plans at

Nygard Cay which Save the Bays had drawn public attention to in the 2013 Action. It is

clear from what Bullard and Davilma have told investigators and from footage of the

rally and comments by participants on the day and afterwards in social media that the

chief purpose of the protest was in fact to viciously attack Mr Frederick Smith,

Reverend CB Moss and Louis Bacon by displaying highly offensive placards.

Photographs and footage of the rally are exhibited at Exhibit JJD1/280-291 and

Exhibit JJD1/213(7) respectively.

53. Several posts on Facebook have alluded to the fact that the participants of the protest

were paid to attend. A posting by Bahamas News Ma Bey indicated as follows:-

Bahamians turn against their own for the mighty dollar

Nygard hires 6,000 Bahamians to march the street of Bay

Street to say they support Nygard and call CB Moss and

Frank (sic) Smith devils

(A copy of the posting is at Exhibit JJD1/292)

54. We also understand from a Facebook post made by a person posting under the moniker

Semper Fidelis that he or she was paid $250 to attend and take pictures of the event


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and that each of the protestors had been paid $25 to participate. A copy of the Facebook

posting is at (Exhibit JJD1/293).

55. This is consistent with Bullards evidence which is that they paid the protesters $25

each to participate and that Mr Nygard provided the funds of $150,000 to enable them

to do this. Bullard says as follows:

Mr. Nygard called me to Nygard Cay, invite me to Nygard

Cay and asked me, told me to throw a protest for him. So I

asked him how much people he need. He said as many as I

could bring. He asked me how much would it cost. I toldhim $150,000. And then we throw the march and he paid us

the money. The march was held in Rawson Square, Nassau,

downtown. (see Bullard Statement of 19thFebruary, 2015 at

Exhibit JJD1/1 lines 15-23)

56. Bullards evidence is that in addition to the $150,000 that Nygard paid them for the

crew, Bullard and Davilma were themselves paid $50,000 each by Nygard to organise

the rally and an additional $80,000 after it was done. (Exhibit JJD1/2 lines 11-13)

57. On 22 July 2015, Bullard gave me the original permit for the July 2014 rally in his

name. A copy of this permit is exhibited at Exhibit JJD1/251.

58. Bullard and Davilma confirmed to us at the 19thFebruary meeting that Mr Nygard had

himself provided the slogan t-shirts for the protesters to wear and the posters/placards

and flyers (stating that Save the Bays is a Fake Cover etc) which he (Mr. Nygard) had

had made up for the purpose (Exhibit JJD1/1 lines 24-25 to Exhibit JJD1/2 lines 1 to

7). Bullard and Davilma also told us that they have still got some t-shirts left over from

the rallies that they organised. On 22 February 2016, Bullard and Davilma gave us an


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original t-shirt provided to them by Mr Nygard for use in one of the rallies they

organised. A photograph of this t-shirt is exhibited hereto at Exhibit JJD1/390.

59. I understand from the complaint made to the Commissioner of Police on behalf of the

plaintiffs in late February 2015 that at around the same time, Nygard erected two large

signs on his property, both facing Point House. The slogans on these signs, photographs

of which are exhibited hereto at Exhibit JJD1/393-395were very similar to the slogans

brandished at the above hate rally.

Harassment and intimidation of Romauld Ferreira

60. The sworn statement of Mr Ferreira exhibited at Exhibit JJD1/255-259hereto is now

shown to me. This statement is the source of the following information:

(a) In July 2014, there was an attempt to break in to the offices of Ferreira &

Company. Mr Ferreira and his colleagues arrived at work that morning to find

that the windows at the northeast portion of the building near the stairs had

been smashed open. Upon close inspection, they noticed a large rock on the

floor of the north eastern office, with shards of glass scattered all over the

carpet and desk.

(b) Mr Ferreira immediately contacted the Central Police Station and reported the

attempted break-in. They promised to send a team over to investigate and dust

for finger prints. The call was made at 8:35 am. After several hours had

passed without word from the Police, Mr Ferreiras office called again. The

police promised to have the team there at 4:00 pm. The team never came. The

next day Mr Ferreiras office called again. Promises were made, but no one

ever showed up. Mr Ferreira kept the rock and shards of glass in place for

several days, repeatedly calling the police. Eventually, in frustration, Ferreira

& Co repaired the windows and installed a security screen over the glass.


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(c) On the 29thOctober, 2014 there was a further attempt to gain entrance through

the back door.

(d) Again the matter was reported to Central Police Station. They promised

faithfully to send a team to investigate. Mr Ferreiras office chased several

times but again no team ever investigated the crime scene.

(e) In February 2015 when Mr Ferreira was in Starbucks in Palmdale, The

Bahamas he was approached by a Ricardo Smith who Mr Ferreira describes asa known PLP hatchet man and who he says explicitly threatened his life for

making noise about the PLP Party in the media. According to Romauld

Ferreira, Mr Ricardo Smith stated When you continue to make noise against

the PLP we tell you to bring even more cameras so when we kill you

everyone will see and know what happens to those who make noise against

the PLP.

(f)

On 6 March 2015 a heavily tinted red Honda Accord was parked across the

street from the offices of Ferreira & Company. Mr Ferreira associated the

vehicle with New Providence criminal gangs as he was aware that vehicle was

the type commonly used by such groups, however Mr Ferreira was not able to

identify the occupants of the car, which sat idling for some time before

speeding away when he approached in his own vehicle. The vehicle did not

have any licence plates displayed.

(g) On 2nd April, 2015, there was a further incident, this time at Mr Ferreiras

home that he shares with his wife and young children. His housekeeper had

the tires on her car stabbed with an ice-pick or screw driver. Mr Ferreira


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insisted that she report the incident, which she did. The incident was reported

at the Elizabeth Estates Police Station. Once again, no one came to investigate.

(h) Mr Ferreira felt abandoned by the Royal Bahamas Police Force and left to fend

for himself his only possible recourse has been to install alarm systems at his

home and office.

(i) On 21 April 2015, Mr Ferreira was approached by an unknown man (who

appeared to know him) who indicated that earlier events suffered by Mr

Ferreira were a result of his association with Save the Bays saying Hey

Ferreira, I know you from talking about the environment and the

development at Nygards house. I thought you were talking shit but I

checked it out on the internet and what you saying is we have to save it or

we will have nothing. Dont handle Brave Davis name with your mouth

he help a lot of people on the streets. He is our Daddy. When dem niggas

was plotting to jack you by your office I told them not to kill you. Dont

handle Brave Davis f**king name.

(j) On 2ndMay, 2015, at around 5am, Mr Ferreira was awoken, when there was a

loud crashing sound at his home. An apparent attempt to throw an object

against one of the doors triggered the alarm system, and obviously deterred the

assailants. Mr Ferreira and his family live in a perpetual state of fear, without

any confidence that the Royal Bahamas Police Force will be there when they

need them.

(k) In November 2015 Mr Ferreira was physically intimidated by an individual

named Vivian Whylly, who was lingering in the northwest section of the

courtyard in front of Ferreira & Cos offices on the pretext of seeing another

lawyer in the building. During his encounter with Mr Ferreira, Mr Whylly said

words to the effect that Mr Nygard loves black people because Mr Nygard had

invited him to dinner at his home and Mr Bacon does not like black people


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because he had never invited Mr Whylly to his home. Mr Whylly also

intimated that Mr Nygard only wants to rebuild his home after it was destroyed

by fire.

61. At trial, the court will be invited to infer that all of the above was part of Mr Nygards

campaign to procure criminal acts to get at and intimidate a director of and attorney for

Save The Bays in order to seek to dissuade Save The Bays from challenging Mr

Nygards illegal development.

December 2014 protest at Save the Bays Street Party

62.

In late February 2015, we conducted interviews of Mr. Darville, Mr. Ferreira, Save the

Bays director Mrs. Diane Phillips and Save the Bays Communications Director

Francisco Nunez and they signed statements in relation to an incident that took place

during a Save The Bays Freedom of Information Act street party on 5 December 2014.

Those statements were produced for the purpose of and formed part of the complaint

that the Plaintiffs made to the Commissioner of Police on 27 February 2015 and copies

of each are exhibited hereto at Exhibit JJD1/313-317 (Mr. Darville), Exhibit

JJD1/318--321 (Mrs. Diane Philips), Exhibit JJD1/322-324 (Mr. Ferreira), Exhibit

JJD1/325-329 (Francisco Nunez). Based on those accounts, given to us, we

understand and verily believe the following to have taken place:

63. On December 5, 2014, Save the Bays and its community partners hosted a public event

to raise awareness of the need for Freedom of Information Act in The Bahamas.

64. The day was to be a peaceful occasion where citizens could voice legitimate calls for a

change in the law. Instead the event was hijacked by a group of aggressive protestors

intent on disrupting the peace and creating an intimidating atmosphere.

65. At about 6:00pm, just before the event was about to begin, a group of young men on a

flatbed truck travelled south along East Street, then west along Shirley Street and


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approached the function travelling from the south entrance of Charlotte Street and

proceeded towards where the event was taking place. They removed the blockades

which had been placed (with the permission of the police) to close off Charlotte Street

and entered the closed street.

66. As the truck approached, slowly and threateningly, the men began to march toward the

gathering and it became apparent that they were all wearing t-shirts featuring a burning

cross and a hooded KKK figure, along with the words Louis Bacon KKK. At the

same time, a man atop the truck began using a microphone to attack and denounce Mr.

Frederick Smith. Some of the men carried banners that said: Fred Smith is a very

dangerous man and Fred Smith, Haitian Infidel.

67. The group also carried banners which displayed hate messages directed at the Plaintiffs.

In particular, the placards stated the following:-

Fred Smith is a very dangerous man

Fred Smith Haitian Infidel

Bacon is KKK!

Bacon is a liar (see photographs at Exhibit JJD1/294-311)

68. Additionally, there was a placard with a picture of Mr Frederick Smith, Mr Joseph

Darville and Mrs. Diane Phillips that stated Expatriate or Bahamian (see

photographs atExhibit JJD1/294, 306, 310).

69. I am informed by Mr Frederick Smith and I verily believe that the accusation of being

'Haitian' is a potentially incendiary racial slur in The Bahamas given recent

immigration-related incidents that are a matter of public record.

70. The witness accounts disclose that the group, was shouting in an aggressive manner and

was deliberately attempting to incite the crowd. It also appeared to eye witnesses that

members of the group were intoxicated which made their conduct more intimidating.


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The group had placards with large photographs of Mr. Frederick Smith, Mrs. Diane

Phillips, Mr. Bacon and Mr. Darville.

71.

Assistant Superintendent, Kenrid Neely, identified the security risk posed by the group

and called for back-up. Police officers attended the scene causing the group to retreat

from Charlotte Street.

72. Mr Nunez has also told me that he saw Mr. Keod Smith and Mr. Vivian Whylly at the

event.

73.

However, at approximately 7:00pm the group returned, this time on foot. Mr Darville,a director of Save the Bays and the police were forced to intervene. Only upon the

threat of arrest by the police did the group begin to disband and leave. It also transpired

at this point that there was another group, mainly of teenagers and children wearing

similar clothing to that worn by the main group. They were also asked to leave the

parade. As they were departing, Mr Francisco Paco Nunez heard one of them remark

Oh well, were still getting paid. [Exhibit JJD1/328 - last paragraph].

74.

People attending the protest also confessed to Mr Darville himself that they had been

paid to attend in support of Mr Nygard. Mr Darville gave a statement to this effect to

the press at the time of the rally. A copy of the news report is at Exhibit JJD1/252-254.

2015 New Years Junkanoo Ku Klux Klan Hate Rally

75.

Bullard and Davilma told us at the 19 February 2015 meeting that they had also

organised for Mr Nygard with instructions coming from Mr. Keod Smith, the hate rally

that took place during the annual Junkanoo Parade on Bay Street, Nassau on New

Years Day 2015 and Mr Nygard paid them $60,000 for doing so. Bullard says in his


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statement of 19 February 2015: he worked through Mr. Keod Smith on that one.

Mr. Keod Smith contacted me about that. (Exhibit JJD1/3 lines 12-14)

76. The source of the following information about this rally is the letter of complaint that

the Plaintiffs sent to the Commissioner of Police on 27 February 2015 and news reports,

video footage and pictures taken. (Exhibit JJD1/260-341, Exhibit JJD1/213(9A&9B).

77. On 1st January, 2015, during the New Years Day Junkanoo Parade on Bay Street, a

group wearing clothing and carrying placards which mirrored the same abusive and

threatening language (and in some cases using the same design of placards and t-shirts)

as that displayed by the groups who protested on the 14th July 2014 and those who

disrupted the Freedom of Information event on 5 December 2014, participated in the

Junkanoo Parade. We understand that the group did not have a license or authorization

to participate in the same.

78. The clothing worn by members of the group mimicked the clothing worn by the Ku

Klux Klan and the placards they carried included the following statements:

Will the real Fred Smith please stand up

Fred Smith, the Unknown Entity, if he is a Bahamian he

must prove it

The Pillars of Democracy are being completely destroyed

by Fred Smith

Fred Smith Haitian Infidel

Is Fred Smith a Bahamian or illegal Haitian?

Fred Smith another foreigner in the conspiracy to

overthrow the PLP

Louis Bacon is KKK(with an image of a burning cross next

to the words)

The Coalition to Rid the Bahamas of Louis Moore Bacon

Mr PM please relieve us from evil-Louis Bacon


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(SeeExhibit JJD1/269-270;and 330-332)

79. The photos at Exhibit JJD1/294-311and at Exhibit JJD1/330-332 show that exactly

the same design of placards and t-shirts were deployed at the 5 December 2014 protest

and at the Junkanoo Hate Rally organised by Bullard and Davilma at the Defendants

request.

June 2015 - Protest at Supreme Court

80. At the direction of Mr Nygard, Bullard and Davilma also organized a protest outside the

Supreme Court on Bank Lane on June 19, 2015 in which men held placards calling Mr.

Bacon a racist and saying he is not wanted in The Bahamas. Mr Nygards plans in this

regard are captured on the tape of his conversation with Bullard and Davilma on 18

June 2015. A video of this conversation is exhibited hereto at Exhibit JJD1/213(5)and

a transcript is atExhibit JJD1/229-238. Mr Nygard instructed Bullard and Davilma to

make sure there were news cameras at the protest and requested 50 protesters

overwhelm those f**king cameras right (Exhibit JJD1/237).

81. I am now shown a Callenders & Co letter to the Police Commissioner on behalf of the

Plaintiffs dated 24th August 2015 a copy of which is exhibited hereto at Exhibit

JJD1/352-366. This letter contains details of this protest at which protesters held

banners and placards displaying the following captions:

Leave the man alone Mr Beacon [sic]

Mr Beacon [sic] please go, go, go far

Mr Beacon [sic] fake & a liar

Mr Beacon [sic] is a racist

Louis Bacon [sic] not wanted in the Bahamas (See photographs atExhibit

JJD1/359-366)


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82. Some of the protesters carried blow horns and shouted the messages on the placards

(Exhibit JJD1/365).

83. Videos of this rally are exhibited hereto at Exhibit JJD1/213(10A, 10B & 10C).

Complaints to Commissioner of Police

84. In February 2015, the fact of each of the rallies/protests having taken place was reported

to the Royal Bahamas Police Force by Callenders & Co (acting on behalf of the victims

of these incidents, namely, the 1stto 4thPlaintiffs in their capacity as directors of Save

the Bays and the 5thPlaintiff in his capacity as an ally of Save the Bays) and a detailed

complaint was lodged on 27 February 2015 with a dossier on the hate rallies and

voluminous exhibits (Exhibit JJD1/260-341).

85. By this letter, the victims explained that they felt harassed, intimidated and in great

distress, fearing for their safety and that of their families.

86. On 25 March 2015 a meeting took place between the victims and the Acting Deputy

Commissioner of Police, Stephen Seymour, at which, as appears from Mrs. Diane

Phillips follow-up letter to him dated 26 March 2015, he agreed to review the

documentation sent to the Police Commissioner dated 27 February 2015. A copy of the

26thMarch 2015 letter is exhibited hereto at Exhibit JJD1/343-344.

87. Callenders & Co wrote to the Police Commissioner for a second time by letter dated 5

May 2015 chasing a response to request for an investigation and noting the lack of any

response since the 25 March 2015 meeting and a complete failure to respond,

investigate or provide protection. A copy of that letter is exhibited hereto at Exhibit

JJD1/345-351.


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88. Callenders & Co wrote a third letter to the Police Commissioner on behalf of the

Plaintiffs dated 24thAugust 2015. This letter noted the complete failure of the Police

Commissioner or the deputy who met with some of the victims on 25 March 2015 to

respond or take any action to investigate the complaints. The letter added to the

complaint, details of the protest in front of the Supreme Court on 19 June 2015 (which

had not occurred at the time of the initial complaint). A copy of the 24thAugust 2015

letter is exhibited hereto at Exhibit JJD1/352-366.

89. I understand from this correspondence and from the Plaintiffs themselves and I verily

believe that the police / Police Commissioner appear to have taken no meaningful action

in response to these detailed complaints.

The Investigation

90. I depose to the matters recounted in this and the succeeding paragraphs from

information provided to me by Mr. Frederick Smith and information obtained from

interviews carried out by D&R investigators. Mr. Frederick Smith is a friend of and

has worked together with Mr. Michael Pintard, the Chairman of the FNM, the official

opposition political party, over some years on a number of civic and political initiatives.

91. Some years ago, Mr. Pintard had moved to Freeport where Mr. Frederick Smith also

lives. Mr. Pintard has worked with and for Callenders & Co., Mr. Frederick Smiths law

firm, and has supported the work of Save the Bays from inception. Mr. Pintard has also

enjoyed a close relationship with Reverend Moss for many years and was outraged by

the attacks on Reverend Moss at the Hate Rallies and otherwise.

92.

Mr. Pintard played a role in seeking to de-escalate the conflict that had emerged

between Mr. Frederick Smith and Mr Keod Smith and his associates resulting from the

April 2013 Jaws Beach attack. Having seen the online video at Exhibit JJD1/213(11)

referred to above and knowing the background to the situation, Mr. Pintard contacted


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Mr. Frederick Smith and warned of the potential danger to Mr. Frederick Smith if this

matter was not resolved.

93. In addition to the foregoing, as Mr Pintard had lived in New Providence since

childhood, and because of Mr. Pintards connections with New Providence, Mr

Frederick Smith asked Mr. Pintard to assist him in making enquiries in Nassau as to

who may have been responsible for organising the Hate Rallies.

94. During the latter part of 2014 and the beginning of 2015, Mr. Pintard did so. In the

course of his enquiries Senator John Henry Bostwick, a Counsel and Attorney practising

in New Providence, informed Mr Pintard that as a result of a discussion with a person

known as Spartacusor Mighty Moncur, he had information about the Hate Rallies

thus leading to an introduction to Bullard and Davilma on February 12, 2015.

95. Bullard and Davilma told Mr. Pintard that they had been asked by Mr Nygard to

organize the Hate Rallies.

96. In addition, in the course of the discussion, Bullard and Davilma shared with Mr.

Pintard that they had been instructed by Mr Nygard to cause harm to certain people in

The Bahamas and one in the United States. Bullard and Davilma said that there was a

Hit List.They said that Mr. Frederick Smith, Mr. Mr. Maillis and a person in the

US were on the Hit List. Bullard and Davilma said they were prepared to meet further

and to provide more information regarding the Hit List, the Hate Rallies and other

violent acts which Mr. Nygard had paid them to do.

97. Gravely alarmed by this information, and being aware of the criminal reputation of

Bullard and Davilma, Mr. Pintard immediately informed Mr Frederick Smith, who in

turn reported this to Mr. Bacon and others.

98. Mr. Frederick Smith and Mr. Bacon considered whether or not to report the matter to

the Police in The Bahamas. After due deliberation they decided not to do so. They


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resolved instead to pursue their own investigation in order to determine the plausibility

of the threat.

99. As a result of this decision my firm, The D&R Agency LLC, was hired, and

subsequently hired other security firms in The Bahamas to meet with Bullard, Davilma

and Spartacus on behalf of Mr, Frederick Smith and Mr. Bacon ; in the first instance

to form a view as to the plausibility of the threat and also to assist in the investigation of

these claims and the campaign of harassment, violence and intimidation that the

Plaintiffs and others had been suffering.

100. On an urgent basis D&R investigators, including myself, began enquiries and met with

Mr. Frederick Smith, Mr. Pintard, Mr. Darville and Mr. Maillis .

101. My colleague James Lawson, also of D&R investigators (Mr Lawson) separately met

with three other directors of Save the Bays, Mr. Ferreira, Mrs. Diane Phillips, and Mrs.

Fontini SamDuncombe.

102. At these meetings we gained an insight into the background and into the threats and

intimidation that Save the Bays directors had been subjected to.

103. For example, Mrs. Diane Phillips told Mr Lawson that she had heard that Mr. Nygard

had threatened to smash her. She said she was living in fear and has since told me

that she remains in fear for herself and her family.

104. On 19 February 2015, Mr. Lawson and I met with Bullard and Davilma and Spartacus.

A copy of the signed statement taken from Bullard at that meeting is exhibited hereto at

Exhibit JJD1/1-4. They were very frank in disclosing that they had been paid to

organise the July 2014 and Junkanoo hate rallies and had themselves paid the protestors

with cash given to them for the purpose by Mr Nygard and that Mr Nygard had a Hit

List and they had been instructed by Mr Nygard to f**k up, take care of or send

a message to various persons on that hit list.


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105. As Davilma explained to us when Bahamians say deal [they] mean take care of

business, kill. That's the way Bahamians talk. [] Him [Mr Nygard] coming to the

Bahamas so he adapt some of the language. So if you hear me say deal it mean kill

or have him, how do you guys say, have him dealt with. A copy of the sworn

statement of Davilma to this effect that was taken on 4 February 2016 is exhibited

hereto at Exhibit JJD1/150 to 212 at 160 lines 1-12.

106. Having met Bullard, Davilma and Spartacus, we formed the view that the potential

threat of danger was real and substantial, and in light of the shocking revelations made

at the 19 February 2015 meeting, I and several other investigators were instructed to

investigate Bullard and Davilmas claims.

107. Shortly after this meeting Mr. Frederick Smith told me that apparently Spartacus had

had a falling out with Bullard and Davilma and that Spartacus had reported to the

Deputy Prime Minister that Bullard and Davilma were talking to Mr. Nygards

opponents. We naturally assumed that the Deputy Prime Minister had informed Mr

Nygard (as the PLPs very large and boastful financial patron), that such discussions

had taken place. After lengthy consideration, it was decided to continue the

investigation given the severity of the potential consequences involved, despite the fact

that it seemed highly likely that the investigation may have been partially blown.

108. From May 10, 2015 to July 6, 2015, five separate meetings took place between Bullard

and Davilma and Mr Nygard. All five meetings took place in a car fitted out with audio

and video recording equipment. All five conversations were taped by Bullard and

Davilma. The video recordings of these meetings are exhibited hereto at Exhibit

JJD1/213(2)-(6) and transcripts of those meetings are exhibited hereto at Exhibit

JJD1/215-220, Exhibit JJD1/221-226, Exhibit JJD1/227-228, Exhibit JJD1/229-238,

andExhibit JJD1/239-250 respectively.


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109. Following the revelations at the 19 February 2015 meeting and at subsequent meetings

with Bullard and Davilma at which the names of Mr. Frederick Smith and Mr. Bacon

were confirmed as being on the Hit List, several of the Plaintiffs took precautionary

security measures which included, among other measures 24 hour armed body guards

and extensive perimeter security systems in both The Bahamas and New York,

installation of alarm and camera systems at their offices and their homes, installation of

security bars, and other physical security and defensive home and office surveillance

equipment.

110. My colleagues and I met with and interviewed Bullard and Davilma on multiple

occasions between February 2015 and February 2016. Such meetings took place in the

Turks and Caicos Islands, the Cayman Islands, the Dominican Republic and in Miami.

Bullard and Davilma continually maintained that Mr Nygard had personally instructed

them to kill Mr. Bacon, Mr. Frederick Smith and attorney Mr. Maillis . In their

meetings with us they never wavered from this.

111. Bullard and Davilma confirmed that they were members of a violent gang and claimed

to be influential in the country, particularly in their home community of Bain Town

stating: We control things!

112. Bullard noted to us that he had been arrested on multiple occasions, including for

assault and for issuing death threats. Mighty Moncur, aka Spartacus had been charged

with threatening the life of Democratic National Alliance (DNA) leader Branville

McCartney in May 2011.

113. Mr Nygard retained Bullard and Davilma to organize and carry out a series of hate

rallies targeting Mr. Bacon, Mr. Frederick Smith, Mr. Darville, Mrs. Diane Phillips,

Reverend Moss and others and to f**k up, take care of or send a message to Mr.

Bacon, Mr. Frederick Smith, Reverend Moss, Mr. Ferreira, Mr. Maillis , Mr. Neil

Hartnell, Director of Physical Planning Michael Major and others (see 1st Bullard

Statement dated 24th January, 2016 at Exhibit JJD1/8-35; See 2ndBullard Statement


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dated 24thJanuary, 2016 atExhibit JJD1/68-79; See 3rdBullard Statement dated 24th

January, 2016 at Exhibit JJD1/ 83-91; see 1stDavilma Statement dated 4thFebruary,

2016 at Exhibit JJD1/92-105; See 3rdDavilma Statement dated 4thFebruary, 2016 at

Exhibit JJD1/ 118-128); See Statement of Davilma and Bullard dated 4 thFebruary,

2016 at Exhibit JJD1/129-154; and see 4th Statement of Bullard dated 4thFebruary,

2016 atExhibit JJD1/155-212.

Plot to murder Louis Bacon

114. Bullard and Davilma told us in the course of numerous interviews that Mr Nygard told

them to kill those on his Hit Listin their own time, as and when the opportunity arose

and that they would be handsomely compensated for doing so.

115. According to Bullard, he and Davilma met with Nygard personally as many as 20 times.

He told investigators: .We met about six times in Nygard Cay to talk about

serious matters about f**king people up. And these people are local and he talked

about people in the States as well. (see Exhibit JJD1/2 lines 18-23) He talked

about sending a message where he want to hurt somebody He sent out a hit

list and he gave us a number of names to deal with, these persons to f**k up. (see

Exhibit JJD1/3 lines 6-10).

116. According to Bullard in his sworn statement on 24 January 2016 (a copy of which is

exhibited hereto at Exhibit JJD1/8-35, Mr Nygard remains determined that Mr Bacon

be killed and promised to compensate Bullard and Davilma with whatever they wished

when the job was done, at one point offering to build each of them a house (see Exhibit

JJD1/26 lines 15-18).

117. Bullard stated in his sworn statement on 24 January 2016 in relation to Mr Bacon:

That's the biggest target and Thats still the target (see Exhibit JJD1/23 lines

21-24).


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118. Davilma in his sworn statement on 4 February 2016 when asked whether Mr Nygard

still wanted Mr. Maillis dead, responded:

MR. MIYAR: So he still wanted you to do it?

BOBO: Yup.

MR. MIYAR: Does he still want you to do it?

BOBO: Do he still want us to do it?

MR. MIYAR: He still wants you to kill Pericles?

BOBO: Lately he hasn't mentioned Pericles. His mind is

just focused on Louis Bacon. (seeExhibit JJD1/177 lines 4

to 10)

119. Later in the same interview, Davilma was asked by my colleague: So this contract [to

kill Mr. Bacon] is still open? to which he responded: As far as I'm concerned,

yeah. (seeExhibit JJD1/204 lines 21-22)

120. Bullard noted in his 24thJanuary 2016 statement that Mr Nygard had backed offfrom

asking for Mr. Bacon to be killed after he learned that Bullard and Davilma had met

with us investigators in February 2015:

TOGGIE: Yeah, he tell us. Every time he tell us. But only

he stopped telling us up and when he know we cool with you

guys, we talk to you guys. So that's when. If he didn't -- if

he didn't know you guys before we did the record, you'd

hear everything from him, man.

MR. DIPAOLO: Right. You guys would have been

recording. We would have had a recording about it.

TOGGIE: You would have had a recording.

MR. RIVAS: So early '14 until we met you last year?

TOGGIE: Yeah.


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MR. RIVAS: -- there's a lot of contact?

TOGGIE: Yeah.

MR. RIVAS: A lot of conversations?

TOGGIE: Yeah.

MR. RIVAS: Then once he found out you met with us, then

--

TOGGIE: He backed off on saying that.

MR. RIVAS: He backed off?

TOGGIE: Because plenty of time if he ask, he's still saying

-- we're still telling him, saying we'll go kill him and all them

things. You understand? But he's very careful now.

MR. RIVAS: And why did he want him?

TOGGIE: He said -- he said, that's the real pain in his a**.

MR. RIVAS: That's the real pain in his a**?

TOGGIE: He really, really want him dead. The last time

that we told him, say we're ready to kill him, he say, if you

kill him, they're gonna come and lock him up.

MR. DIPAOLO: That's when you got the recorded

conversation in the car?

TOGGIE: Yeah. Oh, yeah.

MR. DIPAOLO: When he said that?

TOGGIE: Yeah.

MR. DIPAOLO: You were showing him the pictures

TOGGIE: Oh, yeah.

MR. DIPAOLO: -- of Bacon at that time; correct?

TOGGIE: Yeah. (see Exhibit JJD1/24 line 6-25 to Exhibit

JJD1/25 line 1- 21)

121. In the fall of 2015, Mr Bacons brother, Mr. Zack Bacon, received an unsolicited call

from Mr Nygards employee Mr. Jestan Sands who, disgusted at the abusive tactics and

sexual deviancy he was forced by Mr Nygard to witness at Nygard Cay, volunteered to


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provide evidence in return for help in relocating far from The Bahamas. A copy of Mr

Sands sworn statement is exhibited hereto at Exhibit JJD1/5-7 and reads:

8. Whenever Mr. Nygard returned to Nassau, [Bullard and

Davilma]would be among the first people he invited to meet

with him at his house on arrival.

[]

10. After on [sic] of their meetings and dinners with Mr.

Nygard, I escorted [Bullard and Davilma] out of Nygard Cay.

I remember one time in particular walking them out and

hearing them talk to someone else. They said words to the

effect that

Your boy [meaning Mr Nygard] hired us to take

care of this. We can take care of that guy for him,

we can deal with that for him.

11. If you are Bahamian and you hear someone like [Bullard

and Davilma]say they can take care of someone you know

that this means killing them. I understood that the

reference to that guy was a reference to Mr. Louis

Bacon. They did not say this name expressly but everyone

knew that the meetings between [Bullard and Davilma] and

Mr. Nygard were all about Mr. Bacon. Their entire agenda

was anti-Louis Bacon and I understood that this was the

only thing that the meetings amongst [Bullard, Davilma] and

Mr. Nygard were about.

122. Separately, Mr. Chea showed up at Mr. Mailliss office on Sept 9, 2015 and spoke to

Mr Maillis assistant whom Mr. Chea had known since childhood, as Maillis was out of

the office. This was the same Mr. Chea who gave the ZNS interview at the July 2014

Hate Rally as a supporter of Mr Nygard. Mr Chea pulled out some Nygard International

stationary, pointed out his name and the amount of $10,000 and said he had been hired

by Mr. Nygard to assassinate Louis Bacon and the $10,000 was a down payment. My


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source of information for this is the contemporaneous note taken by the assistant which

records her encounter with Mr Chea. A copy of this note is exhibited hereto at Exhibit

JJD1/214.

123. When Mr Maillis returned to the office he placed two phone calls to the cell number

which Mr. Chea had left with Mr Maillis assistant. Mr. Maillis recorded both

calls. During the first of these phone calls Mr. Maillis told Mr. Chea to please never

call or come to his office again. Mr Chea agreed. In a second call moments later, Mr

Maillis called Mr Chea again and said that if he had information of the kind that he

relayed to Mr Maillis secretary then he should contact the Commissioner of

Police. Mr. Chea became very hostile over the phone during the second call and said I

was never there. I dont even know what youre talking about. Stop calling my

phone again. I thought I was doing you and your client a favour but thats it.. Mr

Chea then told Mr Maillis to fk off. The recordings of the conversations are

exhibited hereto at Exhibit JJD1/213(1A) and (1B) and transcripts of the two

conversations are exhibited hereto at Exhibit JJD1/391 & 392 respectively.

Plot to murder Frederick Smith

124. Mr Nygard conspired with Bullard and Davilima to have Frederick Smith tracked down

and followed in his home city of Freeport, Grand Bahama with a view to assassinating

him in accordance with the declared wishes of Mr Nygard.

125. The following is an excerpt from Bullards sworn statement of 24 January 2016 (a copy

of which is exhibited hereto at Exhibit JJD1/8-35):

TOGGIE: And it's difficult for us to get to Fred Smith. But

if we give Nygard penny lies on Fred Smith telling him

we're gonna kill Fred Smith and everything. Because he


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wanted us to kill Fred Smith. But we tell him just so he

could give us money, that we're following Fred Smith and

all that. But Fred Smith's hard to catch up with because he

ain't from Nassau, he's from Freeport, and we didn't know

Freeport too much like that. (seeExhibit JJD1/19 lines 8-16)

126. Bullard stated that they had someone in Freeport trying to catch up with Mr Frederick

Smith but he was difficult to catch up with and that person had informed them

(correctly) that his property is surrounded by water and the best way to get to his house

would be by water. (see Exhibit JJD1/21 lines 17-20; and Exhibit JJD1/20 lines 4-13)

127.

In answer to my question as to why Mr Nygard wanted Mr Frederick Smith killed,

Bullard said the following:

TOGGIE: He want Fred Smith get killed more than

Mallis. Fred Smths the worst one of all.

MR DIPAOLO: The worst one of all?

TOGGIE: Uh-huh. Fred Smith and Louis Bacon is the

worst of all.

(Exhibit JJD1/20 lines 17-21)

128. I recall that at one stage in the course of our interviews, Bullard told me that if Mr

Frederick Smith had lived in New Providence, he would already be dead.

129. Bullard told us that during meetings at Nygard Cay in the presence of Nygard employee

Leo Thurston, Bullard and Davilma were told by Mr. Nygard that if we can get Fred

Smith, anything we ask him for he'll give us. (Exhibit JJD1/20 lines 23-25)


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Plot to murder Pericles Maillis

130. Bullard and Davilma were also promised a large sum of money to kill attorney Mr.

Maillis. I understand from Mr. Frederick Smith that Mr Mallis is an attorney who has

previously acted for Mr Bacon in property-related matters in The Bahamas and his firm

continues on a general retainer. These instructions to kill Mr. Maillis were given in the

presence of Leo Thurston. (Exhibit JJD1/10 and Exhibit JJD1/157)

131. Bullard and Davilma conducted surveillance on Mr Maillis, staking out his office and

following his car. Detailed descriptions of their efforts in this regard are set out in their

sworn statements at Exhibit JJD1/10 to 17and Exhibit JJD1/157-176.

132. A botched attempt on Mr Maillis life took place in downtown Nassau in or around

Shirley Street in early 2014 when Bullard and Davilma bumped what they thought

was Mr Maillis car (a blue vehicle) from behind with their vehicle, with the intention of

shooting him when he exited the car to investigate the collision. However he did not exit

the car and there were too many people around for them to execute their plan. (Exhibit

JJD1/10-12; and16-17 and Exhibit JJD1/160-167)

133. Bullard and Davilma told us that they intended to shoot Mr Maillis with two 9mm

pistols (or a .45 Special and a 9mm), purchased for this purpose with money provided

by Mr Nygard. Exhibit JJD1/12 lines 13 to 18 and Exhibit JJD1/165)

134. Bullard and Davilma reported the car bumping incident to Mr Nygard at a meeting at

Nygard Cay, and he became angry over their failure. He did not pay them the very large

sum he promised had they completed the job but they had each been paid $10,000 in

advance for their trouble (Exhibit JJD1/17 lines 13-19and Exhibit JJD1/176 lines 15-

22).


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Plot to murder and/or intimidate Neil Hartnell

135. Mr Nygard also ordered Bullard and Davilma to murder Nassau Tribune Business

Section Editor Mr. Neil Hartnell. For this Mr Nygard paid them $10,000. Bullard and

Davilma in turn hired a private investigator, an ex-police officer known to them only by

the surname Dodd, to find him. They paid Dodd $800. (Exhibit JJD1/27 line 17 to

page 28 line 10 )

136. Dodd took photos of Mr Hartnells car outside The Tribunes offices on Shirley Street,

Nassau and provided them to Bullard and Davilma (Exhibit JJD1/28 line 17-18)

137.

Sometime after the hate rallies, Mr Hartnells own recollection is that this took place in

early 2015, Bullard left a phone message for Mr Hartnell at The Tribune, threatening to

kill him if Mr Hartnell continues to f**k with my boss (Exhibit JJD1/29 lines 1 to

9).

138. They reported this to Mr Nygard in person and he congratulated Bullard and Davilma

for intimidating Mr Hartnell, telling them that the offending press reports has ceased.

Mr Nygard paid Bullard and Davilma $10,000 each in cash during a meeting at the

Fresh Market in Nassau in a jeep driven by Mr Nygards bodyguard Leo Thurston

(Exhibit JJD1/31-32).

139. I refer to a sworn statement of Mr. Hartnell now shown to me at Exhibit JJD1/36-37

which corroborates what Bullard and Davilma told us. Mr Hartnell states that: the

caller laced his message with profanity, threatened to kill me that week, claiming

he knew the car I drove and where I lived. He said I lived on Eastern Road

(Exhibit JJD1/37 para 6). The caller was male and clearly a Bahamian (Exhibit

JJD1/36 para 4). Both the Tribunes owner, Eileen Carron, and managing editor,

David Chappell, are aware of the voice mail. (Exhibit JJD1/37 para 7)


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Intimidation of Reverend C B Moss

140. Bullard and Davlima also told us that they were paid by Peter Nygard to send well-

respected pastor Reverend Moss a message by firebombing his car:

TOGGIE: He told us CB Moss is a serious pain in his a**

and he needs his mouth to shut up. The only way he could

get his mouth shut up if we burn down his car to send him

a message. You understand?

So we sent him a message by burning down his car. We was

waiting for him to come outside. We didn't want to kill

him because he didn't order us to kill him but he say, just

send him a message. So we was waiting for him to come

outside because we gonna spend some shots at him.

THE COURT REPORTER: Some what? Sorry.

TOGGIE: We was waiting for him to come outside so we

could bust some gunshot at him.

MR. DIPAOLO: Fire some gunshots at him?

TOGGIE: Yeah.

MR. DIPAOLO: Not necessarily hit him but just scare

him?

TOGGIE: Yeah, scare him. Yeah. So we just burn down

the car. (Exhibit JJD1/70 line 24-25 to page 71 lines 1-17)

141. In July 2014, Bullard and Davilma located Reverend Moss house and at around 4am

went to his house and carried out the firebombing of his car with gasoline purchased for

the specific purpose from the Shell Gas Station, Oaks Field, Nassau Street (Exhibit

JJD1/72-73 and Exhibit JJD1/96-97).


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142. The following day, Bullard and Davilma reported back to Mr Nygard, meeting with him

in a gated community in the Coral Harbour area of New Providence in Leo Thurstons

jeep (Exhibit JJD1/74).

143. At that meeting, Mr Nygard congratulated Bullard and Davilma for their attack on

Reverend Moss and paid them $10,000 dollars each. (Exhibit JJD1/75 and Exhibit

JJD1/100)

144. Reverend Moss himself has confirmed to us that there was an attempt to firebomb his

1996 white Toyota Corolla in July 2013 and that, as Bullard stated, it was half-burned

out.

145. A tribune news report from 15 July 2013 reports an attempted firebombing of Reverend

Moss car on 14 July 2013. A copy of that news report is exhibited at Exhibit

JJD1/80-82.

146. Bullard and Davilma did not find it easy to recall the dates when various events had

taken place. When we were taking his 24 January 2016 statement about the firebombing

incident we asked Bullard if the incident had taken place before or after the July 2014

Hate Rally. Upon Bullard stating that he thought it was before the hate rally, I said:

Okay. We are we talking probably Spring 2014?. To which Bullard responded

Yeah (Exhibit JJD1/72 lines 14 to 21). However, when we searched for

corroboration from Reverend Moss and newspaper reports, we realised the incident had

in fact taken place on 14 July 2013 Exhibit JJD1/80-82.

147. This is consistent with Reverend Moss having met Mr Nygard at his (Nygards) Bain

Town walkabout on 29 June 2013. A video of the meeting is exhibited at ExhJJD1/213

(19) and a transcript of the meeting is atExhJJD1/396-400.


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Other acts of violence that Mr Nygard instructed Bullard and Davilma to commit on hisbehalf

148. Bullard and Davilma also revealed to us that Mr Nygard had hired them to threaten the

Director of Physical Planning Michael Major over his refusal to grant Mr Nygard

permits he needed. According to Bullard, Mr Nygard had asked them to go threaten

Mr Major and go rough him up. (Exhibit JJD1/84 line 23-24and85 lines 15-16

andExhibit JJD1/121)

149.

Bullard and Davilma went to Mr Majors office to which they had access because they

said that they had a close relationship with the Deputy Prime Minister. (Exhibit

JJD1/85 line 21 to p.86 line 6)

150. They threatened Mr Major and demanded that he personally ensure that Mr Nygard gets

what he is supposed to get and Mr Major told them that he would get it. Davilma

overturned Mr Majors desk during the incident. (Exhibit JJD1/86-87 and Exhibit

JJD1/121-122)

151. Bullard commented to us that they learned after the event that Mr Major had reported to

PS that the DPM, the deputy prime minister's boys has been there and threaten

him for Mr. Nygard. (Exhibit JJD1/86 lines 23-24)

152. Bullard and Davilma were each paid $5,000 for this job by Mr Nygard during a meeting

in front of a jeep driven by Leo Thurston. (Exhibit JJD1/88)

153. Mr Nygard told Bullard and Davilma they had done a good job, and that word had been

brought to him by the Deputy Prime Minister that Mr Major had been threatened.

(Exhibit JJD1/88 lines 18-20)


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154. Bullard and Davilma said they felt safe threatening a senior government official because

of their close relationship with Deputy Prime Minister Philip Davis. (Exhibit JJD1/85

line 25 to p.86 line 3)

155. In a conversation between Mr Nygard and Bullard and Davilma in a car on 18 June

2015 the following exchange took place [the initial T stands for Bullard (aka Toggie)

and PN stands for Mr Nygard]:

T. So what about your boy, what his name was in the

Department in the Ministry of Works?

PN. He still works there. MajorT. Major. Michael Major.

T. So he still f**ks around with you? Because I know after

we threatened him

PN: I dont know if he still there or not.

The recording of this conversation is at Exhibit JJD1/213(5)and a transcript thereof is at

Exhibit JJD1/229-238.

156. Bullard and Davilma revealed to us that in a separate job for Mr Nygard in mid-2014,

they had set fire to a fashion business on Wulf Road, Nassau on the orders of Peter

Nygard. (Exhibit JJD1/38-51and Exhibit JJD1/106-117). The occupier and business-

owner was a former girlfriend of Mr Nygard who, so Mr Nygard told Bullard and

Davilma, had threatened to go public with an accusation of rape against Mr

Nygard. (Exhibit JJD1/40 lines 7 to 9). Bullard and Davilma were paid $10,000 each

by Mr Nygard personally prior to setting the fire (Exhibit JJD1/42). Bullard and

Davilma filled a gallon bottle with gasoline at a Shell service station near Nassau Street

in the Oakes Field area. At around 2am, they broke a window, entered the business

establishment and released the gasoline. They then lit a piece of paper and threw it into

the shop. (Exhibit JJD1/42-43)


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157. Mr Nygard told Bullard and Davilma that he did not want to be on the island when the

fire took place. (Exhibit JJD1/48 lines 12 to 18). When Bullard and Davilma reported

back to Mr Nygard about two weeks later, he personally gave them an additional

$10,000 in cash at a meeting outside a Fresh Market store in New Providence (Exhibit

JJD1/47). Mr Nygard told them Leo Thurston had visited the scene personally and

confirmed that the fire had taken place. (Exhibit JJD1/47 lines 14-18)

158. Third party investigators have corroborated with the business owner in question that her

business (Rapunzel Beauty Supply Store) was burned down at the same location

identified by the informants (Wulf Road) in March 2014 and that she believes Mr

Nygard was behind the act. The business owner maintains that her business was burned

down not, as Mr Nygard informed Bullard and Davilma, because its owner had been

threatening to publically accuse him of rape but because of the appearance of

information published in an online article on www.hollywoodstreetking.com dated 24

February 2014. A copy of the online article is exhibited at Exhibit JJD1/52-65. The

article reveals text messages between Mr Nygard and a girlfriend in which Mr Nygard

is paying $10,000 in order to supress a video of him engaging in deviant sexual

practices. It was this girlfriend who was the victim of the arson attack on her business.

159. Bullard and Davilmas account is also corroborated by a Royal Bahamas Police Force

Report of the fire incident which confirms a fire at a beauty business (Rapunzel Beauty

Supply Store) on Wulf Road at around 2am on 13 March 2013. There appears to be a

typographical error in the report which records the date of the fire as 13 March 2013

instead of March 2014. In all other material respects the report substantiates what

Bullard and Davilma told us and what the business owners told the third party

investigators. Copies of the Police report is exhibited hereto at Exhibit JJD1/66-67.


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Payments to Bullard and Davilma

160. Payments have been made to Bullard and Davilma which reflected both (a) the value of

the hard evidence and information provided to the investigators, and (b) the jeopardy

both of the men were putting themselves in in coming forward and agreeing to be

whistle-blowers in exposing Mr Nygards criminal conduct. A figure was arrived at

which was considered proportionate to that risk and which would help to ensure their

protection and the protection of their families. I am advised by counsel to the Plaintiffs

that details of the figure and what provision may be made for Bullard and Davilmas

(and their families) security may be disclosed to the court in a confidential schedule

which may be prepared for this purpose and which schedule may be the subject of an

application to the court for it to be treated as confidential and for the judges eyes only

and not disclosed to the Defendants or to the public for obvious reasons of security.

161. In the premises, I am advised by the Plaintiffs attorneys and verily believe that unless

prevented from doing so by way of injunction, the Defendants are likely to continue

their campaign of harassment, intimidation and violence against the Plaintiffs.

SWORN TOat )

This 8th day of March, 2016 ) .

Before me,

NOTARY PUBLIC


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IN THE SUPREME COURT 2016/CLE/gen/

COMMONWEALTH OF THE BAHAMAS

Common Law and Equity Division

B E T W E E N:

(1) FREDERICK ROY SMITH Q.C.(2) LOUIS M. BACON

(3) JOSEPH DARVILLE(4) ROMAULD FERREIRA(5) REVEREND C. B. MOSS

Plaintiffs

- and -

(1)PETER NYGARD(2)MR. KEOD SMITH

Defendants

_______________________

C E R T I F I C A T E_______________________

This is the Exhibit marked JJD1referred to in the Affidavit ofJOHN J DIPAOLO sworn

before me on 8thMarch, 2016.

......................................

NOTARY PUBLIC


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COMMONWEALTH OF THE BAHAMAS

IN THE SUPREME COURT

COMMON LAW AND EQUITY DIISION

BETWEEN

!1" FREDERIC# ROY SMITH Q$C$

!2" LOUIS M$ BACON

!3" %OSEPH DARILLE

!4" ROMAULD FERREIRA

!5" REEREND C$ B$ MOSS

P&'()*(++,A)-

!1" PETER NY.ARD

!2" #EOD SMITH

D/+/)-')*,

AFFIDAVIT OF JOHN

JOSEPH DIPAOLO

2016

CLE/)N$

Harry B. Sands, Lobosky & CompanyHARRY B$ SANDS LOBOS#Y COMPANY

CHAMBERS

SHIRLEY HOUSE253 SHIRLEY STREET

NASSAU BAHAMAS

ATTORNEYS FOR THE PLAINTIFFS

Affidavit of John Joseph DiPaolo

Documents

Transcript of Affidavit of John Joseph DiPaolo