According to various reports, published in the Antiguan press during the last six weeks, Finance and Economy Minister Harold Lovell has made several announcements that contradict the facts in evidence.

In a news flash, published by caribarena.com on 24 January 2012, Minister Lovell announced that "based on advice of the U.S. Embassy in Barbados, Antigua & Barbuda will take its time in addressing the United States' Senate move to cut aid to the country." He went on to say that as far as he was concerned, damage control would now take the back burner.

A direct inquiry was made to the U.S. Embassy by the author, as well as by several journalists, asking whether any of its representatives had made any such recommendation. To date, the inquiries were acknowledged and passed onward.

No response has been received.

Regardless of the basis for Lovell's announcement, it was clearly made for local consumption, as it was already known elsewhere that lobbyists and attorneys, representing the Government of Antigua and Barbuda, were for some time trying to set up appointments with members of the U.S. Congress. It seems their purpose was to "fix certain inaccuracies" which they claimed were contained in the twin Resolutions presented to the Senate and to the House of Representatives for discussion and action.

On 28 January 2012, a headline article on the same caribarena.com website announced "Gov't Hires Powerful Lobbyist ... to ensure that Antigua & Barbuda's interests are represented honestly and fairly in the United States."

Joe Watkins, a media personality associated with MSNBC and CNBC in the USA, is the new appointee. He has identified the two Congressional Resolutions as his priority saying, "The bills relate to the government's decision to acquire the Half Moon Bay hotel and the delay in paying compensation to the owners."

The back burner has clearly been abandoned.

By 24 February 2012, Finance and Economy Minister Harold Lovell was back in the news, referencing the Half Moon Bay project once again. This time, he focused on the number of unnamed parties "interested in proceeding with this development." Unfortunately, he also demeaned the one known developer who, according to Lovell, had made headway in securing financing but had not yet closed the deal.

Particularly noteworthy, however, was a totally unexpected twist in which Minister Lovell "invited" would-be developers "to engage Mrs. Natalia Querard" (Managing Director of H.M.B. Holdings Limited) in their negotiations, enticing all with a potential win-win outcome of such discussions.

The absurdity of this proposal was highlighted in a response by Mrs. Querard, reported by Caribarena.com on 25 February 2012 and the comments posted in reaction available at http://www.caribarena.com/antigua/opinions/letter-to-editor/99821-querard-rejects-lovells-suggestion.html

"Dear Editor, I am currently not in Antigua, and had no knowledge of the discussion of the Half Moon Bay issue that took place over the radio until the articles quoting Minister Lovell appeared on your website today, February 24th.

It is imperative that I re-affirm the position of H.M.B. Holdings Limited, a position that our company has held from the very beginning of the government's intrusion into our private enterprise, and in which it has not wavered:

The Government of Antigua has exercised the sovereign powers of eminent domain under the Land Acquisition Act to "compulsorily acquire" our property.

The very same Land Acquisition Act lays out the steps the Government must now take to complete the "acquisition" by payment of "fair compensation within a reasonable time," such compensation to be paid out of the Treasury by direction of the Minister of Finance.

That is the law under the Land Acquisition Act.

The Constitution of Antigua and Barbuda also gives a constitutional right to payment of compensation to individuals deprived of their property by the Government.

There is no standing or even mention of any third parties being involved in the exercise of eminent domain or the "compulsory acquisition" of private property by the Government in either of these two documents which provide the legal basis for the Government's actions.

By the Government's delay in payment of "fair compensation within a reasonable time," it has breached the HMB shareholders' constitutional rights. This matter is currently before the Court.

Minister Lovell's announcement that H.M.B. Holdings may now become involved in negotiations with a view to participate in any future development of the Half Moon Bay Resort is unfortunate, ill-conceived and misleading.

The legal position is clear and simple. There can be no introduction of ambiguity accepted on that level.

On a purely business level, Mr. Lovell's announcement is equally unreasonable:

With the Government holding possession and title to Half Moon Bay, there is nothing that H.M.B. Holdings Limited can bring to any discussion of that property's future development.

As things now stand, we hold no stake in the property. Nor is the potential new developer purchasing the property from our Company.

It is said that possession is 90% of the law. In this case, it is 100%. The Government of Antigua is entirely responsible for the problem. It is now exclusively responsible for its solution. "

Judging from the above, it would appear that Minister Lovell's efforts at damage control and manipulation of public perception are as clumsy as they are ineffectual.

With interest accruing on unpaid compensation, the Half Moon Bay property's price has now exceeded its appraised value and the chances of any legitimate investor paying for the Government's bad judgment have dropped to nil.

The only practical option for the Government of Antigua and Barbuda to exit from the boggy hole it has dug for itself is to reverse the expropriation and pay substantial cash damages.

Such is the hawser needed, if offered, to pull the Government of Antigua & Barbuda out of the quagmire it so gamely entered!

However, time, is no longer on its side.

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