I, TROY ALBURY , of the Settlement of Guana Cay on the Island of Abaco one of the Islands of the Commonwealth of the Bahamas, make oath and say as follows, that:

• I have sworn four Affidavits previously in these proceedings. I swear this further Affidavit on behalf of the Applicants. The purpose of this Affidavit is to update the Court as to the latest activities taking place on the site of the Bakers Bay development (the Development).

• The contents of this Affidavit are true and within my own knowledge. There is now produced and shown to me marked Exhibit “TA 1” a number of photographs of various activities of the Development. I have taken all of these photographs myself in the circumstances which I will describe below.

• Following the hearing of this matter on January 26, 2006 when I attended the Court and heard Mr. Smith make various allegations of breaches of the undertaking by the Developers, I have taken a number of photographs at the site of the Development which show works continuing there.

• At pages 1 to 6 of Exhibit TA 1 there are photographs of pipes being laid at the site of the Development. This is on the Crown Land. I witnessed these pipes being laid, joined together, moved by the tractor and placed in position on the ground myself. This occurred at some stage in late January or early February of 2006. I should add that the area in which these pipes are being laid has been cleared since the undertaking. Pages 2 and 3 show the cleared area. At exhibit 5 of my Third Affidavit is a colour photo of the site before the undertaking. The area photographed in pages 2 and 3 is the same as the area in which smoke can be seen on the photo at Exhibit 5 of my Third Affidavit. As can be seen, that area used to have vegetation, which has now been cleared.

• At pages 7 to 10 of Exhibit TA 1 there are photographs which I took of dredging works being carried out at the site of the Development. I took these photographs on the 2 nd February 2006.

• At pages 11 to 16 of Exhibit TA 1 there are photographs showing mulching works at the site of the Development. At pages 11, 13 and 13 of Exhibit TA 1 there is a large pile of freshly cut mulch which was not present before the undertaking was given.

• At pages 14, 15 and 16 there are photographs of vegetation being cleared at the site. Again, I witnessed this and took these photographs at some stage in late January or early February 2006.

• At pages 17 to 19 of Exhibit TA 1 are photographs which I took of a burning pit showing that further vegetation was being burnt. The apparatus shown on page 18 is an air pump which is used to pump air into the burning pit to speed up the process of burning. I witnessed this burning operation taking place at some stage in late January or early February 2006.

• At pages 20 to 22 of Exhibit TA 1 there are photographs showing mangrove having been cut and cleared. This cutting and clearing did, I believe, take place after the undertaking was given. The mangrove shown on pages 21 to 22 was freshly cut. The works at the side of the road and the widening of the road is also new. This has, to my knowledge, all occurred since the undertaking was given.

• At pages 23 to 27 of Exhibit TA 1 there are photographs showing materials, equipment and workers still being shipped to the site of the Development in late January or early February 2006. At page 23 of Exhibit TA 1 there is a photograph which shows new timber which has arrived at the Development since the undertaking. At pages 25 and 26 of Exhibit TA 1 there are photographs which show dredging equipment being shipped to the site. At page 27 of Exhibit TA1 there is a photograph which shows workers at the site at the end of the day being shipped from the site. This, again, has all occurred since the date of the undertaking.

• Access to the site has been severely restricted. At pages 28 and 29 of Exhibit TA 1 there are photographs of some buoys which were placed at the only deep water access point to the beach at the site. There are no buoys anywhere else in place on the beach. This is because where the buoys are positioned is the only deep water place on the beach at which it is possible to access the beach by boat.

• Pages 30 to 32 of Exhibit TA1, there are photographs which show signs which have been erected at the site stating that work is in progress. These photographs show signs on the Crown Land as well as the land at the site.

• The effect of all of the continuing works at the site has been devastating to the local environment. At pages 33 to 38 of Exhibit TA 1 there are photographs showing some of this devastation. These photographs were also taken after the date of the undertaking. The photographs show erosion to the beach following the removal by the Developers of the vegetation which joined the beach. The photographs at pages 36 and 37 show a golf cart being driven along the beach and are useful because they illustrate the extent of the erosion. This erosion of the beach has been massive and in my many years as a resident of Guana Cay, I have never before seen such erosion.

SWORN TO at Freeport, Grand Bahama )

This 3 rd day of February, 2006. )________________________

Before me

Notary Public

COMMONWEALTH OF THE BAHAMAS