For three days, the barristers would argue the merit of Save Guana Cay Reef’s case.

Save Guana Cay Reef was represented by a young lawyer from Muirhead & Burton, a highly respected solicitors firm in London, among whose specialties included Privy Council and human rights work.  The barrister took the case to a new level.  The case, which had been building in complexity and detail for four years, had become dizzying collection of paperwork. The case was so far-reaching, that it touched on some of the fundamental components of the Bahamian legal system. It was just a development case, but it was more than a development case.

On day one, the five Lords listened intently to the appellants case.  Over and over again, the Lords returned to the evidence in the Environmental Impact Statement that the defendents deliberately avoided consultation with the local Bahamians of Great Guana Cay.  The trial became extremely intense.  The lords appeared to be, quite simply, disgusted by the Baker’s Bay Golf & Ocean Club.  They showed their disgust especially as images of the development before-and-after images were shown.  The Lords also appeared to be appalled by the deliberate policy by the developers of non-consultation with the locals.

Throughout the days in the court, the developer and Bahamian government were railed on by the Lords on many of the appellants points.  It was apparent, however, that the Lords were conflicted by the fact that the development had already made so much progress in construction. 

All sides waited for months before the Lords announced a ruling: the Lords did not declare the Heads of Agreement between the developer and the government as null and void.  The Lords made it clear that they had no legal mechanism to protect Great Guana Cay from what they called ‘indiscriminate development.’

They wrote in the judgment, “The Bahamas has no comprehensive legislation for environmental protection, or public consultation on the disposition of public lands…”

In a press release, the locals explained that they will continue their fight against the Baker’s Bay Club, “Challenges through the courts have been  only one avenue of challenge. SGCRA will continue to bring domestic and international publicity to this abuse and to the injustice to which the people of Guana Cay were subjected by the delays in the judicial process, the collaboration between the Government and the Developers, the financial pressure brought by Baker’s Bay and the destruction of the environment and the ruination of the peaceful Family Island style life which this $500,000,000 mega anchor development project and Central Government’s dictates and abuse have raped the Cay with.”

Again, the news came hard on the Bahamians of Great Guana Cay.  The President of Save Guana Cay Reef, however, stated that something about the ruling made him feel good, because now, when Baker’s Bay fails, it will be entirely in their own hands.

But as the loss at Privy Council became clear, something else was beginning to crystallize: the hard fight had literally changed the Bahamas, and even the Caribbean.