Managing Director of HMB Holdings Natalia Querard has reacted to a recent declaration by Minister of Finance Harold Lovell about the government’s forced acquisition of the property.
In a letter to the media, Querard said she was concerned that Lovell’s statement on the issue was a knee-jerk reaction to a matter filed in court against the attorney general on behalf of the government of Antigua & Barbuda.
Querard is also concerned that the finance minister’s statement did not properly explain to the public the realities of the situation concerning Half Moon Bay.
The government acquired Half Moon Bay from its original owners three years ago, claiming eminent domain.
Since forcibly acquiring the property, the government has not paid the owners, despite the fact that the Land Acquisition Act states that fair compensation must be paid in reasonable time.
In January, an assessment board determined that the government should pay HMB Holdings US$23,820,999 for the 108-plus acre property.
The government first attempted to acquire HMB Holdings in 2000.
It succeeded following a Privy Council ruling on June 5, 2007, after which the government took physical possession of the property a month later.
To date, the government has not paid on the principle amount nor the interest generated in three years, which amounts to more than US$7 million.
Court documents show that on Friday, HMB Holdings Limited claimed against the defendant, attorney general of Antigua & Barbuda, the following relief:
1. A declaration that the continuing failure of the Government of Antigua and Barbuda to satisfy the compensation and costs awarded by the Board of Assessment in the ruling dated 5 January 2010 amounts to breach of the right guaranteed to the claimant under the Antigua and Barbuda Constitution section 9 to protection from the deprivation of its property.
2. An order compelling the Minister of Finance of the Government of Antigua & Barbuda to procure payment forthwith to the claimant of all sums awarded to the claimant including interests and costs.
3. Damages for the breach of the Claimant’s constitutional rights.
4. Costs.
5. Such further or other relief as the court deems just.
Caribarena.com understands that Querard wrote to Lovell in May to determine whether there had been any progress in connection with payment for the property. Reports indicate that except for a letter from Lovell suggesting that he had received Querard’s correspondence, the finance minister has not made any other contact with HMB Holdings.
Three days after HMB filed the matter in court, the government released information that Antigua Distillery Ltd had joined forces with the government and HMB Developers. But despite Lovell’s optimism, Querard explained that no development can be practical before compensation to the owners is satisfied.
In a letter the media, she explained: “As a practical matter, although title to the property has been seized by the government of Antigua and Barbuda, it cannot pass such title to a third party without the previous owners discharging the debt secured against that property. Clearly, this can only occur when compensation is paid by the Government.
“Therefore, until the Government makes such payment of compensation for the forced acquisition of HMB Holdings’ property, any announcements are of little, if any, significance.”
The claim filed on Friday is scheduled to be heard by the court on July 30.
When contacted by Caribarena.com, Lovell admitted that no money has been paid, but said "the government is still conscious of the fact that she is owed. She will be paid."
He noted that "There is nothing in the court decision that states that we cannot go ahead with plans."
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written by Sh**lY G, July 01, 2010
Please ask Carib Arena to remove your post( another fine Alp mess), you have just made yourself a real backside,now i know why you use this name,you're obviously an I*****Le, please we don't need your d**b a*s,Irrational comment,keep them and stuff them where the sun don't shine.
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written by EXPATRIATE ANTIGUAN, July 01, 2010
Do YOU KNOW THAT YOU'RE A REAL a******E, (She will be paid) IS THAT THE WAY ANY SENSIBLE GOVT DEALS WITH SITUATIONS,I AM REALLY TIRED OF YOU GUYS MAKING US LOOK LIKE BACKWARDS PEOPLE, ITS A PITY YOU WILL NOT BE IN OFFICE FOR TOO MUCH LONGER,BECAUSE I WOULD LIKE HMB To SWING YOUR d**b a*sES HIGH, YOU ARROGANT FOOL, BY THE WAY IS THIS THE SAME HMB PROPERTY THAT CREATED SUCH CONTROVERSY WHEN YOU WERE IN OPPOSITION? IT CANT BE,YOU GUYS ARE HILARIOUS.
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written by Response to Tobi, July 01, 2010
Tobi this was your first statement.
Did Mrs. Querard not appeal the figure of some US24million as compensation set by the arbitration? If so, why would she expect payment now when it is under her appeal?
As I indicated in my prior post, there is no stay of execution, so the judgment stands. Correct me if I am wrong, but under those circumstances she is entitled to be paid. The government has no problem with the judgment. So why should she not expect to get paid. The fact is they just have no intention of paying. This is made patently clear by their very words. Why then should you be 'pardoned' (the heading of your post) that she is trying to enforce her rights??
Your first post gave the impression of 'how dare this woman take the matter to the courts when she has appealed - but your second post admits that she has every right to feel aggrieved. I can't figure out which way you are on with this one. She has every right to expect and demand payment since there is no stay of execution. Please figure out what stay of execution means then come again.
Did Mrs. Querard not appeal the figure of some US24million as compensation set by the arbitration? If so, why would she expect payment now when it is under her appeal?
As I indicated in my prior post, there is no stay of execution, so the judgment stands. Correct me if I am wrong, but under those circumstances she is entitled to be paid. The government has no problem with the judgment. So why should she not expect to get paid. The fact is they just have no intention of paying. This is made patently clear by their very words. Why then should you be 'pardoned' (the heading of your post) that she is trying to enforce her rights??
Your first post gave the impression of 'how dare this woman take the matter to the courts when she has appealed - but your second post admits that she has every right to feel aggrieved. I can't figure out which way you are on with this one. She has every right to expect and demand payment since there is no stay of execution. Please figure out what stay of execution means then come again.
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written by Tobi, July 01, 2010
FYI I know and like Mrs. Querard and have great admiration for her tenacity. She has every right to be grieved and every right to seek redress. Seemingly, as a result of recent, local happenings, you are freshly-in-the-know of this new phrase "stay of execution". However, an appeal is part of the process of the rule of the law. So my question remains, Why SHOULD the government pay when the amount is being appealed by HER. So when you make horrendous generalizations about "people like me", it speaks volumes about your darkened ignorance, and you reveal your true color, RED. Rather, you should try to gain wisdom from debating and seeking, rather than cower under the umbrella of "rule of law". Free yourself from such mental slavery.
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written by tenman, July 01, 2010
Tobi, I thought the same as you. However based on the article I concluded (perhaps wrongly) that she changed her mind since she is now going to court demanding the appraisal value from the board of a*sessors, be used. I recall the Fullers doing the same thing she is about to do when it came to a similar issue. Tobi let me ask you though, don't you think its a bad thing that the government not hurry up and pay the woman considering the 200K interest that is accruing monthly?
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written by Response to Tobi, July 01, 2010
Under the law, unless there is a stay of execution in place, a judgment stands. There is nothing to prevent the government from paying (or Querard from seeking to enforce payment) other than the fact that the government has no intention of paying and people like Tobi, who don't like Querard, advocating disregard for the rule of law. And certainly when dealing with businesses, one would be hard pressed to really argue that three years and counting is within the perview of what can be described as 'reasonable'. Put your dislike for the woman aside and deal with the facts and the law.
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written by Tobi, July 01, 2010
Did Mrs. Querard not appeal the figure of some US24million as compensation set by the arbitration? If so, why would she expect payment now when it is under her appeal? The other point is: what is "a reasonable time" as declared by the Constitution? That is a rather subjective directive. How long did it take the government of St. Kitts, for example, to compensate landowners there for their lands after expropriation? Finally, to claim that the Antigua government specializes in expropriating lands is to spout unfounded, libelous emotionalism. The HMB property WAS such and declared to be TOTALLY legal at the Privy Council in Britannia! To link the Stanford lands into the same scenario is to further such emotional tripe. Those were NOT expropriated, save for the lands around the airport, despite the fact that there was ample cause for such expropriation.
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written by The outrage, July 01, 2010
Think about this, government who is satisfied with a judgment of US$5 per square foot for prime property like Half Moon Bay, does not want to pay a dime. Yet they go ahead and make a deal to pay Bill Cooper, a wxxxxx mxx, US $8.5 million for property that is not even one acre, sure it has a building on it, but what condition is it in? This is outrageous. No wonder we only get fly by night investors. Legitimate investors aren't going to touch Antigua with a ten foot pole, but the thieves and other corrupt individuals will come here, pillage our lands and leave us holding the bag. When will we learn?
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written by They Cannot be Trusted, July 01, 2010
Within the last few weeks, Minister Lovell has announced that former offshore banker, William Cooper, who has been living freely in Antigua in frustration of a US extradition warrant for eight years, has been already handed US $800,000 by the Government of Antigua & Barbuda. He has received this as a down payment on a purchase of a property in Woods Mall ahead of the full sum negotiated for such sale of US$8.5 million. .
Bear in mind that oversight over the ONDCP now falls into the provenance of the newly formed Ministry of National Security, whose first Minister is Dr. Errol Cort,. It is also the purview of this Ministry to deal with issues of extradition, such as that of Leroy King, indicted in the US for collusion with R. Allen Stanford, an event too risky for Antigua to contemplate.
The U.S. indictment against Cooper was the failed Hanover Bank, whose original incorporators were William Cooper and Justin Simon and whose registered address has remained that of Simon's law offices. This is the same now Attorney General Justin Simon, who has no doubt prepared the closing documents for the purchase of Cooper's property.
Bear in mind that oversight over the ONDCP now falls into the provenance of the newly formed Ministry of National Security, whose first Minister is Dr. Errol Cort,. It is also the purview of this Ministry to deal with issues of extradition, such as that of Leroy King, indicted in the US for collusion with R. Allen Stanford, an event too risky for Antigua to contemplate.
The U.S. indictment against Cooper was the failed Hanover Bank, whose original incorporators were William Cooper and Justin Simon and whose registered address has remained that of Simon's law offices. This is the same now Attorney General Justin Simon, who has no doubt prepared the closing documents for the purchase of Cooper's property.
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written by What court decision, July 01, 2010
What court decision is Lovell talking about? Is it the Privy Council decision that only addressed the whether the acquisition itself was appropriate or the decision of the compensation board that only addressed the matter of compensation. Either way Lovell, of course the 'judgment' did not say anything about development, it was not a matter before the courts. The constitution of Antigua guarantees that no person should be deprived of their property without fair compensation to be paid within a reasonable time. What do you think that means? Is five years reasonable, ten, fifteen?? At the same time, can you really argue with a straight face that you are complying with your constitutional mandate by taking people's property, not paying for it and then justify non-payment by saying that a court decision(s), that did not even address whether development could occur without compensation, 'said nothing about development?' This is why we are sinking into a b****mless pit of our own filth. We have no moral compa*s or respect for our own constitution.
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written by take note HMB, July 01, 2010
I hope HMB takes note of Harold's statement that really amounts to an admission that the government has no intention of paying and using it in the Courts as evidence of their intent to disregard the constitution. She may not win at the Court of Appeal level. But thank goodness for the Privy Council - I'm pretty sure that the Privy Council will send the Government and the others in the joint venture packing AND PAYING. This is probably why Justin is advocating for the speedy removal of the Privy Council as our final court of appeal. They were able to get one of our 'esteemed' high court judges to agree that the land is only worth US$5 a square foot and they praised the his judgment as 'well reasoned' judgment. Everyone knows that that property is worth more than that, why else would they be breaking their necks to have it developed. They may even be able to get the court of appeal to agree with them. But we will see what the Privy Council says on this.....
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written by watch out, July 01, 2010
I agree with the post about the intent of the government. I hope the Perry and Antigua Distillery know what they are getting into and that the Courts agree with the government.... NOT!! Do they really think that they can get away with this??? Wow, I think we are in for a bumpy ride on this one.
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written by Just Say'n, July 01, 2010
Any right minded investors should high tail it away from this corrupt country 
It's rather obvious that Antiguan's aren't proficient in the area of business development or anything else along those lines, so foreigners always have to lend monies or come in and prop you up. It's those same foreigners that we then turn around and steal lands from!!!!!!!! So tell me, what investor would seriouly want to invest in ANU, outside of those with criminal intent?
It's rather obvious that Antiguan's aren't proficient in the area of business development or anything else along those lines, so foreigners always have to lend monies or come in and prop you up. It's those same foreigners that we then turn around and steal lands from!!!!!!!! So tell me, what investor would seriouly want to invest in ANU, outside of those with criminal intent?
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written by the intent of government, July 01, 2010
So finally we see the intent of the government in Lovell's last statement that "there is nothing in the court decision that says we can't go on with the plan" - They plan on not paying the owners and moving ahead with the development. Really this amounts to stealing the property. They are never going to get paid. As far as the government is concerned, she will wait until they are good and ready to pay, maybe one year from now, maybe never - just depends on whether they feel she deserves the money. They will completely disregard the rule of law and the constitution on this one. Well, I hope that all international investors take heed of what will happen to them here. And don't tell me any foolishness about severance. HMB, while they owned the land, never employed the workers. CHMS was the management company that hired all the workers and are responsible for severance. Where is CHMS now, nowhere to be found, so of course HMB is the natural scapegoat. When the dust finally settles we will see whether there any development takes place
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written by Who is Next, July 01, 2010
The Antigua government specialises in expropriating land and a*sets and never paying for them. If there was ever any doubt the the expropriation of Stanford's land and a*sets should have driven the point home.
The next land and a*sets to be expropriated will be the Hadeed's company (APC). The government owes APC US $35 million leaving APC little choice but to shut off the power or keep losing money. As soon as the power is shut off the government will seize the land and a*sets under the guise of National security and claiming eminent domain.
You can be sure any foreign investor will give Antigua a wide berth while it continues to act as a rogue state ignoring even it's own Constitution and laws.
I wonder how long it will be before the IMF realise the governent failed to disclose the US $35 million owed to APC, the 30 million owed to HMB including interest and what must be around US $20 million owed to the Stanford receiver.
The next land and a*sets to be expropriated will be the Hadeed's company (APC). The government owes APC US $35 million leaving APC little choice but to shut off the power or keep losing money. As soon as the power is shut off the government will seize the land and a*sets under the guise of National security and claiming eminent domain.
You can be sure any foreign investor will give Antigua a wide berth while it continues to act as a rogue state ignoring even it's own Constitution and laws.
I wonder how long it will be before the IMF realise the governent failed to disclose the US $35 million owed to APC, the 30 million owed to HMB including interest and what must be around US $20 million owed to the Stanford receiver.
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written by Ah Wha Ya, July 01, 2010
That anybody would even attempt to blame the ALP for government's failure to settle with Mrs. Querard is nothing but an act of political dishonesty. The original decision to acquire and to restore Half Moon Bay Hotel MUST be a decision supported by every Antiguan/Barbudan as it speaks to our understanding our own interests.
Forget the petty politics played by the UPP while in opposition and credit them for the reality check and follow through on the common sense decision to acquire. The problem now is the failure by the UPP administration to honor the conditions of acquisition and to pay the former owners and to find serious and capable invetors to develop the hotel and restore it to its former glory.
It is a pity that Deep Throat or anyone else would place this matter on the chopping block of narrow, partisan colour coded politics.
Forget the petty politics played by the UPP while in opposition and credit them for the reality check and follow through on the common sense decision to acquire. The problem now is the failure by the UPP administration to honor the conditions of acquisition and to pay the former owners and to find serious and capable invetors to develop the hotel and restore it to its former glory.
It is a pity that Deep Throat or anyone else would place this matter on the chopping block of narrow, partisan colour coded politics.
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written by PLM, July 01, 2010
This hxx refused to pay the workers for over a decade, and now she’s whining about waiting a few months? She is lucky to be getting anything. The government has the title and is free to proceed with the development. I don’t know who was on this “a*sessment board”, but I wouldn’t give her more than $10M for her dilapidated B&B.
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written by tenman, July 01, 2010
I agree with Mr. Lovell they can go ahead with plans to develop the property. However I take issue with the tardiness in payment. Especially since there is a high interest rate attached to the governments tardiness. For each month the government does not pay they accrue interest of 200K usd ("be careful with Half moon bay", march 01,2010, Carib Arena). Since the judgment was handed down at least an additional 1 million in interest has been added to the already 6 million USD in interest due. Seems to me like all Mrs. Querard needs to do is sit and let the interest accrue even further because she will be able to get from the government more interest than she get from any bank. I tire of hearing UPP members tell us about how the former government did not pay its bills, yet we see in the Half moon bay saga a clear way to show a difference, yet the UPP does not pay. We read of the APC mounting monies owed. We hear of the WIOC moneys owed. The minister of finance then tells us that the stock of arrears stands at 1.6 billion dollars. It is almost as if, I heard MP Joseph say last night, the UPP sets out to be whatever it accuses of the ALP of being.
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