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 DIPAOLO of 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.
1

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 1st Defendant (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
2

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 Background section 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.

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 Clifton which 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.

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 environmentallydegrading 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

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 25th January 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.

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
8

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.

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 shouting Dont 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.
1

For instance signs declared:

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

12

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
13

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 told
him $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 19th February, 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 19th February 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

14

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 JJD1/393-395 were 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 JJD1/255-259 hereto 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.
15

(c)

On the 29th October, 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 as
a 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

16

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 2nd May, 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
17

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
18

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 at Exhibit 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.
19

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

20

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
21

(See Exhibit JJD1/269-270; and 330-332)

79.

The photos at Exhibit JJD1/294-311 and 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 at Exhibit 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 at Exhibit
JJD1/359-366)

22

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 1st to 4th Plaintiffs in their capacity as directors of Save
the Bays and the 5th Plaintiff 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
26th March 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.

23

88.

Callenders & Co wrote a third letter to the Police Commissioner on behalf of the
Plaintiffs dated 24th August 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 24th August 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

24

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 Spartacus or 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
25

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 Sam Duncombe.

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.
26

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,
and Exhibit JJD1/239-250 respectively.

27

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 2nd Bullard Statement
28

dated 24th January, 2016 at Exhibit JJD1/68-79; See 3rd Bullard Statement dated 24th
January, 2016 at Exhibit JJD1/ 83-91; see 1st Davilma Statement dated 4th February,
2016 at Exhibit JJD1/92-105; See 3rd Davilma Statement dated 4th February, 2016 at
Exhibit JJD1/ 118-128); See Statement of Davilma and Bullard dated 4th February,
2016 at Exhibit JJD1/129-154; and see 4th Statement of Bullard dated 4th February,
2016 at Exhibit 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 List in 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).
29

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. (see Exhibit 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. (see Exhibit JJD1/204 lines 21-22)
120. Bullard noted in his 24th January 2016 statement that Mr Nygard had backed off from
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.
30

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
31

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
32

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
33

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. (see Exhibit 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)

34

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 17 and 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; and 16-17 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 13-19 and Exhibit JJD1/176 lines 1522).

35

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)

36

Intimidation of Reverend C B Moss

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

37

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 at ExhJJD1/396-400.

38

Other acts of violence that Mr Nygard instructed Bullard and Davilma to commit on his
behalf
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 23-24 and 85 lines 15-16
and Exhibit 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)

39

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. Major
T. 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 JJD1/38-51 and Exhibit JJD1/106-117). The occupier and businessowner 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)

40

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.

41

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 TO at

This 8th

day of March, 2016

.
Before me,

NOTARY PUBLIC

42

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
_______________________
CERTIFICATE
_______________________
This is the Exhibit marked JJD1 referred to in the Affidavit of JOHN J DIPAOLO sworn
before me on 8th March, 2016.
......................................
NOTARY PUBLIC

43

COMMONWEALTH OF THE BAHAMAS

IN THE SUPREME COURT
COMMON LAW AND EQUITY DIVISION
BETWEEN
(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
__________________________________________
2016
CLE/gen/No.

Harry B. Sands, Lobosky & Company

HARRY B. SANDS, LOBOSKY & COMPANY
CHAMBERS
SHIRLEY HOUSE
253 SHIRLEY STREET
NASSAU, BAHAMAS
ATTORNEYS FOR THE PLAINTIFFS

44