COMMONWEALTH OF THE BAHAMAS

IN THE SUPREME COURT

2016
CLE/gen/

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

WRIT OF SUMMONS
ELIZABETH THE SECOND, by the Grace of God, Queen of the Commonwealth of
the Bahamas and of her other realms and territories, Head of the Commonwealth.
TO:

Peter Nygard
Simms Point
Lyford Cay
New Providence
The Bahamas

Keod Smith
Skyline Lakes
New Providence
The Bahamas

WE COMMAND YOU that within Fourteen days after service of this writ on you, inclusive of
the day of such service, you do cause an appearance to be entered for you in an action at the suit
of (1) Frederick Roy Smith, QC of Freeport, Grand Bahama, The Bahamas, (2) Louis M. Bacon
of New York, United States of America (3) Joseph Darville of Freeport, Grand Bahama, The
Bahamas, (4) Romauld Ferreira of Nassau, New Providence, The Bahamas and (5) Reverand C.
B. Moss of Nassau, New Providence, The Bahamas - all of whose address for service is
Harry B. Sands, Lobosky & Company,
Chambers,
Shirley House,
253 Shirley Street,
P.O. Box N-624
Nassau, Bahamas.

And take notice that in default of your so doing the Plaintiffs may proceed therein, and judgment
may be given in your absence.

WITNESS, the Honourable Mr Justice Sir Hartman Longley Our Chief Justice of the
Commonwealth of the Bahamas the 9th day of March in the year of Our Lord Two Thousand and
Sixteen
REGISTRAR
N.B.-

This Writ may not be served more than 12 calendar months after the above dates unless renewed by Order of
the Court.

DIRECTIONS FOR ENTERING APPEARANCE

The defendants may enter appearance personally or by attorney either by handing in the
appropriate forms, duly completed, at the Registry of the Supreme Court, Public Square, in the City
of Nassau in the Island of new Providence, or by sending them to that office by post.

If the defendant enters an appearance he must also deliver a defence to the attorney for the plaintiffs within
fourteen days from the last day of the time limited for appearance, unless such time is extended by the
Court or a Judge, otherwise judgment may be entered against him without notice, unless he has in the
meantime been served with a summons for judgment.

STATEMENT OF CLAIM

1.

This action is for damages and a permanent injunction in respect of various torts
committed by the Defendants against the Plaintiffs as set forth below. The torts are
assault, battery, false imprisonment, conspiracy to injure and/or under the common
law tort of harassment and/or the intentional infliction of harm and/or wilfully
infringing their rights to personal safety. The action arises out of a concerted
campaign on the part of Mr Peter Nygard and/or Mr Keod Smith, together with
others, to injure, cause harm to, cause damage, terrify and intimidate the Plaintiffs,
and others, by various means, including a plot to murder Mr Frederick R Smith and
Mr Louis Bacon, violent assaults, hate rallies and other intimidatory tactics.

The Parties
2.

The 1st Plaintiff, Mr Frederick R. Smith Queens Counsel (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 31 years ago. He is a Co-Founder,
Director, spokesperson and legal counsel to the Coalition to Protect Clifton Bay, now
commonly referred to as "Save The Bays, which is a non-profit organisation
comprised of Bahamian and international members united in their commitment to
preserve and protect the Bahamian environment.

3.

The 2nd 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 also a Director of Save The Bays. Mr Bacon is a
home owner at Lyford Cay, New Providence, The Bahamas.

4.

The 3rd Plaintiff, Mr Joseph Darville (Mr Darville), is a founding member and
Vice-President (formerly President) of the Grand Bahama Human Rights Association
and also a Director of Save The Bays. Mr Darville is a founding member and
Chairman of Operation Hope (a volunteer drug prevention, education and
rehabilitation program), 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 The Bahamas

Silver Jubilee Award for Outstanding Contribution to National (Community)
Development.
5.

The 4th 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.

6.

The 5th 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. 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 Peter Nygard, the First Defendant, benefiting from
his illegal reclamation of Crown Land.
7.

The 1st Defendant, Mr Peter Nygard (Mr Nygard), resides in The Bahamas at a
property called Simms Point which is sometimes referred to as Nygard Cay, situated
in Lyford Cay (Nygard Cay). Mr Nygard is the Chairman and founder of Nygard
International and Nygard Inc.

8.

The 2nd Defendant, Mr Keod Smith (Mr Keod Smith), resides in The Bahamas and
has from time to time worked as an attorney for Mr Nygard and performed other
public relations, marketing, consulting and political lobbying services for him.

Background

9.

Save The Bays campaigns against unregulated and environmentally damaging

developments in The Bahamas. An extreme example of such unregulated and harmful
development is at Mr Nygards property, Nygard Cay. Over the last approximately 30
years Mr Nygard has unlawfully expanded his property to over twice its original size
by illegally expropriating Crown Land and causing environmental damage.

10.

Save The Bays and its directors have sought to raise awareness of this illegal activity
(and of certain unauthorised activities of Mr Keod Smith) including by bringing legal
actions against the Prime Minister, Deputy Prime Minister and other Government
officials and offices over their failure to ensure that the rule of law is applied to Mr

Nygard and Mr Keod Smith. Reverend Moss has also publically drawn attention to
Mr Nygards unlawful activities, in particular as it relates to Crown Land.
11.

Save The Bays has opposed, and continues to oppose, Mr Nygards disingenuous
efforts to obtain retrospective permits from the government for his illegal
expropriation of land.

12. Mr Nygard has consistently obstructed Save The Bays efforts and sought to disrupt
its activities. He has used a variety of tactics and strategies to deter Save The Bays
and its supporters. Additionally, he has donated substantial sums to the Progressive
Liberal Party (the PLP), the political party that he believes would be favourable to
him in return. He has also engaged in a smear campaign against Save the Bays and
its supporters (who include the Plaintiffs) by using attack websites and spreading
libels (in respect of which the Plaintiffs reserve all of their rights). However, the
threats of physical violence and verbal assaults and

incitements to mob rule

perpetrated, in some cases, by known criminals as explained below, has taken his
harassment to alarming levels for the Plaintiffs.

April 2013 Violent attack on Mr Frederick Smith QC at Jaws Beach

13. On 25 April 2013, Mr Keod Smith and a mob, incited by him, violently assaulted Mr
Frederick Smith at Jaws Beach causing him to flee and fear for his life as pleaded
hereinafter.

14. Mr Frederick Smith was at the beach pursuing enquiries for a forthcoming legal
action on behalf of Save The Bays. A number of men working there (5 to 7) told him
that Mr Keod Smith was in charge of the work they were carrying out. Some of the
men wore t-shirts, paid for and provided by Mr Nygard, with the following words on
them, RE NEGOTIATE; Clifton is Ours; Dont Mess with Us and We
wont let LOUIS BACON AND HIS UNRIGHTEOUS COHORTS, ROB, LIE,
TRICK OR BRIBE US OF OUR INHERITANCE: RE NEGOTIATE.

15. After about half an hour Mr Keod Smith arrived at the beach and he was in an angry
and confrontational mood. He marched over to Mr Frederick Smith in a threatening
manner soon followed by the workers, thus putting Mr Frederick Smith in fear for
his life. Coming up very close he began to harangue, threaten and cajole Mr
Frederick Smith, jabbing and jarring him in the chest trying to provoke a fight. He
repeatedly verbally abused him as well as verbally attacking Mr Bacon and Save The
Bays, shouting repeatedly that he was going to take care of Mr Bacon. He shouted
that he would make sure that Mr Bacon was jailed in Fox Hill Prison where he would
be violently attacked, exclaiming: I have a big 6 foot black man that is going to
take care of Bacon when we get him into Fox Hill.
16. Terrified for his life, Mr Frederick Smith tried to escape back to his car. Mr Keod
Smith shouted at the workers, Dont let him go, dont let him go and they
surrounded the car. Mr Frederick Smith had to get out of the car. Mr Keod Smith
picked up a big stick about 4 feet long while the workers around him continued to
brandish their weapons. Mr Frederick Smith managed to get back into his car as
workers were hitting it with their weapons while Mr Keod Smith shouted at them to
imprison Mr Fred Smith on the beach. One of the workers shattered the rear window
of Mr Frederick Smiths car with a steel curved bar before he was able to escape.
17. This act of violence together with the verbal threats made were calculated to and they
did in fact intimidate Mr Frederick Smith and Mr Bacon as well as the other
Plaintiffs, all of whom were considered part of the unrighteous mob as described
on the t-shirts worn by some of the workers. .

July 2013 Fire-bombing of Reverend Mosss Car, Email hacking and Break-ins
18. On or about 14 July 2013 a Mr Livingston Bullard (Mr Bullard) and a Mr Wisler
Davilma (Mr Davilma), on the instructions of Mr Nygard, deliberately set on fire
Reverend Mosss car, a white Toyota Corolla with the words Crime Stop on it, in

order to intimidate and frighten Reverend Moss and send a message to him to leave
Mr Nygard alone.
19. Mr Nygard paid Mr Bullard and Mr Davilma $10,000 each in Bahamian currency the
day after the attack when they met secretly by arrangement at Coral Harbour. They
received the money from Mr Nygard when they got into his jeep driven by his driver,
Leo Thurston.
20. Also in or around July 2013 Reverend Moss emails were hacked and illegally
accessed and copied. Emails relating to Reverend Moss work with and proposed
employment by Save The Bays were subsequently published on attack websites used
as part of Mr Nygards campaign against the Plaintiffs.
21. On 3 different occasions in 2013 and 2014 attempts were made to break-in to
Reverend Moss offices at the Mount Moriah Church.

Plot to murder Mr Frederick Smith, Mr Bacon and others

22. On several occasions on dates unknown after February 2014 and in addition to
instructing them to organise the hate rallies and/or protests as pleaded hereinafter, Mr
Nygard met covertly and secretly with Mr Bullard and Mr Davilma, two convicted
criminals, to discuss the two of them killing various perceived opponents and
adversaries of Mr Nygard, including Mr Frederick Smith and Mr Bacon. Mr Nygard
promised to pay the said criminals substantial sums if they carried out these
assignations.

July 2014 Hate Rally

23.

On 14 July 2014 a hate rally (the July 2014 Hate Rally) financed by Mr. Nygard,
took place on Bay Street, Freeport, the purpose of which was to target, harass and
intimidate the Plaintiffs as Save The Bays directors and supporters.

24.

About 4,500 people attended this hate rally marching in Rawson Square, Nassau.
Some were carrying placards and/or wearing t-shirts accusing Reverend Moss of
being a paid fraud, a liar and a thief and a slave to Bacon; accusing Mr
Bacon of being a member of the Ku Klux Klan or KKK, which members of the
public would have known to be a violent, extremist, white supremacist organisation,
a liar and a criminal; insulting Mr Frederick Smith by calling him a Haitian
Infidel and alleging that he is an illegal immigrant (Reclaim Pigeon Pea and the
Mud Fred Smith); and referring to Save The Bays as a fake cover.

25.

Mr Bullard and Mr Davilma organized the July 2014 Hate Rally acting on the
instructions of Mr Nygard, who in the same period was prominently displaying a sign
on his property stating, Its time to put the TRASH out Louis KKK Bacon
Moore Capital Management. Mr Nygard provided Mr Bullard and Mr Davilma
with the t-shirts, flyers and placards and paid Mr Bullard and Mr Davilma a total of
$330,000. In turn, Mr Bullard and Mr Davilma paid participants to attend, wear the
slogan-bearing t-shirts and carry placards.

26. In order to further target, harass, and intimidate Mr Frederick Smith, Mr Bacon and
Reverend Moss, the July 2014 Hate Rally was filmed and scenes from it were
broadcast in a Bahaman news report on YouTube at the URL address:
https://www.youtube.com/watch?v=uMYuKQC3emY (the segment of the news
report regarding the July 2014 Hate Rally begins at the 7 minute and 15 second mark
of this video). Mr Nygard intended that the July 2014 Hate Rally should also
intimidate other members of Save The Bays and he knew the July 2014 Hate Rally
would be filmed and broadcast on the news and thereafter on the internet and
intended that to be so.

2014-2015 Attacks upon Ferreira & Company and intimidation of Romauld

Ferreira
27. In July 2014 an attempt was made to break into the offices of Ferreira & Company in
an attempt to intimidate Mr Ferreira. A large rock had been thrown through the
window causing damage to the building and concern to Mr Ferreira and his
colleagues.

28. On 29 October 2014, a further attempt to gain unlawful access to the offices of
Ferreira & Company took place via the back door on the North part of the building.
29. On 2 April 2015, whilst Mr Ferreira was at home with his family and his
housekeeper, the tires on his housekeepers car were punctured by someone using an
ice-pick or screw-driver.

30. On 21 April 2015 Mr Ferreira was approached by a unknown man (who appeared to
know him) who indicated that the earlier pleaded 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 fucking name.
31. On 2nd May, 2015, at around 5am, when Mr Ferreira was asleep at home, an object
was thrown against one of his doors triggering his alarm system, and obviously
deterred the assailants.
32. Mr Ferreira will invite the court to infer that Mr Nygard was responsible for these
incidents. He will rely upon the following facts and matters:
32.1. The admission made by the individual in paragraph 30;

32.2. The fact that similar incidents had been directed towards the other Plaintiffs in
this action leading to the conclusion that the same person or persons must have
been behind these incidents;
32.3. The fact that Mr Fereirra is a close colleague of Mr Frederick Smith;
32.4. The fact that the other matters pleaded which are attributable to Mr Nygard
demonstrate a willingness on his part to engage in covert criminal acts to
intimidate, harass and harm Save The Bays directors and supporters and dissuade
them from opposing Mr Nygards illegal development.

December 2014 Protest

33. On 5 December 2014 a further hostile protest (the December 2014 Protest) took
place at an event organised by Save The Bays and its community partners. The
purpose of this protest was to target, harass and intimidate the Plaintiffs as Save The
Bays directors and supporters.

34. Save The Bays was raising awareness for its campaign to pass a Freedom of
Information Act (FOIA) in The Bahamas. Its event was attended by, amongst
others, Mr Frederick Smith, Ms Diane Phillips (Ms Phillips) (another Director of
Save The Bays) and Mr Darville. A permit had been obtained by Save The Bays for
the event and blockades were in place, with the permission of the police, to close off
Charlotte Street, Nassau.
35.

At about 6.00pm, just before the event was about to begin, a group of young men
disrupted the event. The group proceeded south along East Street, partly on foot and
partly on a flatbed truck, turning onto Shirley Street, both main streets, playing loud
music and hurling abuse at Mr Frederick Smith and Mr Bacon over a speaker system
set up on the truck. A number of the group appeared to be intoxicated. Arriving at
Charlotte Street where Save The Bays was having its FOIA event, they removed the
blockades and entered the closed street. Continuing to play extremely loud music,
they denounced Mr Frederick Smith over the tannoy speaker system. Some carried
placards calling Mr Frederick Smith a very dangerous man; a Haitian infidel
and questioning his nationality. They accused Mr Bacon of being a member of the Ku
Klux Klan or KKK; and insulted Ms Phillips. Some held a placard with a picture of
Mr Frederick Smith, Ms Phillips and Mr Darville demanding to know whether they
were Expatriate or Bahamians. Some of the said individuals also wore t-shirts
displaying the words Bacon is KKK along with an image of a Ku Klux Klan
figure and a burning cross.

36. In order to further target and intimidate Mr Frederick Smith, Mr Bacon, Ms Phillips,
Mr Darville, Mr Ferreira and Reverend Moss, this December 2014 protest was filmed

and scenes from it were broadcast in a Bahamian news report on YouTube at the
URL address: https://www.youtube.com/watch?v=DZrIf-cBDCU. Mr Nygard knew
the December 2014 Protest would be filmed and broadcast on the news and thereafter
on the internet and intended and allowed that to happen.

2015 New Years Junkanoo Ku Klux Klan Hate Rally

37. Less than a month later, on New Years Day 2015, a further hate rally (the
Junkanoo Hate Rally) took place during the National Junkanoo Parade on Bay
Street in downtown Nassau. This annual New Years Day party is a peace-loving
celebration of The Bahamas and its people and is very well attended.

38. A group of men whose purpose was to target Mr Smith, Mr Bacon, Mr Darville, Mr
Ferreira and Reverend Moss and intimidate them and members and supporters of
Save The Bays, disrupted the Junkanoo parade. Some were dressed in white robes
with pointed hoods, which concealed their identities and which those present would
have recognised and understood was a reference to the Ku Klux Klan, a violent,
extremist, white supremacist organisation.
39. Some carried placards questioning whether Mr Frederick Smith was a Bahamian or
illegal Haitian?, accusing him of being a Haitian infidel and accusing him of
not being a Bahamian or of being a foreigner engaged in a conspiracy to overthrow
the PLP, the current ruling party of government, and of destroying democracy. Mr
Bacon was accused of being associated with the Ku Klux Klan or KKK; of being
evil; and of corrupting judges. There were demands to rid the Bahamas of Mr
Bacon.

Some of the t-shirts and placards were identical to those used at the

December 2014 protest.

40. Mr Keod Smith organized this protest on the instructions of Mr Nygard. Mr Bullard
and Mr Davilma took instructions from Mr Keod Smith and were paid $60,000. Mr
Bullard and Mr Davilma in turn paid participants to attend, wear the slogan-bearing tshirts and carry the placards.

41. In order to further target and intimidate Mr Frederick Smith, Mr Bacon, Mr Darville,
and Reverend Moss, and other members and supporters of Save The Bays, the
Junkanoo Hate Rally was filmed and scenes from it were broadcast in Bahamian
news

videos

on

YouTube

at

the

following

https://www.youtube.com/watch?v=OsD1sIphsrw

URLs:
and

https://www.youtube.com/watch?v=ptayXHkA9VI. Mr Nygard and/or Mr. Keod

Smith knew the Junkanoo Hate Rally would be filmed and broadcast on the news and
thereafter on the internet and intended and allowed that to take place.

June 2015 Supreme Court Hate Rally

42. On 19 June 2015 a fourth hate rally (the Supreme Court Hate Rally) took place
outside of the Supreme Court of The Bahamas prior to the start of court proceedings
involving Mr Nygard and Save The Bays.

43. Approximately 50 paid protestors accused Mr Bacon, incorrectly named as Mr

Beacon on some placards, of being a fake, a liar and a racist and of not
being wanted in the Bahamas.
44. Mr Bullard and Mr Davilma organised the Supreme Court Hate Rally on the
instructions of Mr Nygard. In that regard, Mr Bullard and Mr Davilma had met Mr
Nygard on 18 June 2015 (a day before the hate rally) and it was during that meeting
that Mr. Bullard and Mr. Davilma were told by Mr Nygard to make sure that a large
group of protestors was present outside the Supreme Court on 19th June 2015 in
advance of the hearing of certain proceedings between Mr Nygard and Save The
Bays.
45. In order to further target and intimidate Mr Bacon, the Plaintiffs and other members
and supporters of Save The Bays, the Supreme Court Hate Rally was filmed and
scenes from it were broadcast in videos published on YouTube at the following URL

addresses: https://www.youtube.com/watch?v=22n-_9m7RPs (starting at 55 seconds)

and https://www.youtube.com/watch?v=Eyis8HBgp-c. Mr Nygard knew the Supreme
Court Hate Rally would be filmed and broadcast on the news and thereafter on the
internet and intended and allowed that to take place.

The Claim in Intentional Infliction of Harm or wrongful infringement of the right to

personal safety
46. The matters pleaded above at paragraphs 13 to 45 constitute words and conduct
directed at Mr Frederick Smith, Mr Bacon, Mr Darville, Mr Ferreira and Reverend
Moss or each of them for which there is no justification or excuse, such words and
conduct being false and threatening and designed to wrongly infringe their right to
personal safety.

47. By these deliberate criminal, harassing and intimidatory words and conduct Mr
Nygard and Mr Koed Smith intended to cause physical harm or severe mental or
emotional distress to Mr Frederick Smith, Mr Bacon, Mr Darville, Mr Ferreira and
Reverend Moss or each of them.
47.1. Paragraphs 9 to 12 above are repeated.

47.2. These tactics and strategies are and have been intended to cause physical harm
or severe mental or emotional distress to Mr Frederick Smith, Mr Bacon, Mr
Darville, Mr Ferreira and Reverend Moss and to frighten them, intimidate them
and force them to stop opposing Mr Nygards illegal activities.
47.3. Paragraph 22 is repeated. A plot to kill someone is intended to strike fear into
that person and to harm them and once discovered will inevitably cause severe
distress particularly when it appears to be a credible threat from a sworn enemy
who has been associating with known criminals and has the funds to pay
individuals to assassinate others.

48.

The matters pleaded above or each of them have caused Mr Frederick Smith, Mr
Bacon, Mr Darville, Mr Ferreira and Reverend Moss or each of them severe mental
and/or emotional distress and to fear for their lives and their safety.

48.1. Mr Frederick Smith, Mr Bacon, Mr Darville, Mr Ferreira and Reverend Moss or

each of them were frightened, intimidated and terrified by the pleaded events
either because they were present or were told about them afterwards. Even where
the focus was upon some of them and not all of them, Mr Nygards and Mr Keod
Smiths intention was to scare off the Plaintiffs as members or supporters of Save
The Bays and/or advocates for the environment from opposing Mr Nygard.

48.2. The atmosphere on Jaws Beach in April 2013 and at each of the subsequent
rallies and protests was terrifying and very threatening. Mr Frederick Smith
feared for his life on Jaws Beach and fears even more for his life upon learning
of Mr. Nygards plot to murder him and Mr. Bacon.

Consequently, Mr.

Frederick Smith has had to seek the protection of bodyguards and has taken
other security precautions because of his real fear that he will be grievously
harmed by Mr Nygard and/or Mr Keod Smith. Mr Bacon is equally in fear of
his life and has also had to take troublesome, invasive, inconvenient and
expensive security measures to protect himself.
48.3. The use of convicted criminals by Mr Nygard to organize some of these events
and to motivate others to attend, by payment if necessary, has been a deliberate
tactic to ensure that there was an air of menace at each event and has succeeded.
The use of threatening, offensive and racially charged language has been
designed to present Mr Frederick Smith, Mr Bacon, Mr Darville, Mr Ferreira and
Reverend Moss or each of them as outsiders and interlopers and therefore easier
to attack and pillory and has caused very real anxiety, stress and worry to each of
the Plaintiffs.
48.4. With the exception of the July 2014 Hate Rally, the Hate Rallies were conducted
illegally and without permission and the necessary permits. None of the Plaintiffs

can know when the next frightening incident will occur but know that they will
be given no notice of it.

49.

Unless restrained, Mr Nygard and Mr Keod Smith will continue to cause Mr

Frederick Smith, Mr Bacon, Mr Darville, Mr Ferreira and Reverend Moss or each of
them severe mental and/or emotional distress and/or further severe mental and/or
emotional distress and/or physical harm. The conduct pleaded above has gone on for
many years and increased in severity recently.

The claim in common law harassment

50.

Further and/or alternatively, the course of conduct pleaded above at paragraphs 13 to

45 constitutes harassment of Mr Frederick Smith, Mr Bacon, Mr Darville, Mr Ferreira
and Reverend Moss for which there is no lawful justification.

51.

Mr Nygard and Mr Keod Smith intended to harass Mr Smith, Mr Bacon, Mr Darville

Mr Ferreira and Reverend Moss or each of them. Paragraphs 47 to 47.3 above are
repeated.

52.

The said conduct has caused severe distress and/or alarm, fear or distress to Mr
Frederick Smith, Mr Bacon, Mr Darville, Mr Ferreira and Reverend Moss or each of
them and to cause them to fear for their lives and for their safety. Paragraphs 48 to
48.4 are repeated.

53.

Further, unless restrained, Mr Nygard and Mr Keod Smith will cause each of Mr
Frederick Smith, Mr Bacon, Mr Darville, Mr Ferreira and Reverend Moss further
damage. In support of their claim that there is an intention to cause further damage,
the pleaded case set out above is repeated.

The claim in conspiracy to injure

54. Further and/or alternatively, by acting as alleged in paragraphs 13 to 45 above, Mr

Nygard and Mr Keod Smith have each or together conspired with Mr Bullard and Mr
Davilma and/or with each other wrongfully and with the sole or predominant
intention of physically and emotionally injuring Mr Frederick Smith, Mr Bacon, Mr
Darville, Mr Ferreira and Reverend Moss and/or causing loss to them.

55. By reason of the unlawful combined activities of Mr Nygard, Mr Keod Smith, Mr

Bullard and Mr Davilma, damage has been caused to the Plaintiffs or each of them.
The Plaintiffs or each of them have had to incur costs employing individuals to
investigate who was behind and involved in the conspiracy. They seek to recover
those costs in this litigation as well as damages for the damage and/or loss that has
been and continues to be caused by the pleaded acts.
56. Further, unless restrained, Mr Nygard and Mr Keod Smith will further seek to
combine with each other and/or others to harm Mr Frederick Smith, Mr Bacon, Mr
Darville, Mr Ferreira and Reverend Moss. In support of their case that there is an
ongoing intention to harm, the pleaded facts set out above are repeated.

The claim in assault and false imprisonment

57. Further and/or alternatively, the matters pleaded at paragraphs 13 to 17 above

constitute assault and batteries on Mr Frederick Smith and false imprisonment of him
for which there was no lawful justification.

58. By reason of the matters pleaded Mr Frederick Smith has been caused loss and
damage.

Particulars of Aggravated Damages

59. In support of their claim for general and aggravated damages the Plaintiffs will
rely on the egregious conduct of the Defendants set out at paras 3 to 45 above;
which, until discovery and interrogatories, are the best particulars that the
Plaintiffs can provide.

AND the Plaintiffs and each of them claim:

a) Damages for infliction of emotional harm (including aggravated damages);

b) Damages for harassment (including aggravated damages);
c) Damages for conspiracy to injure (including aggravated damages);
d) (for Mr Frederick Smith only) damages for assault, battery and false imprisonment;
e) A permanent injunction restraining Mr Nygard and/or Mr Keod Smith whether by
themselves or through their employees and/or agents from:

(i)

Conducting or causing to be conducted, arranging or causing to be

arranged, organizing or causing to be organized, instigating or causing the
instigation of or encouraging or in any way suggesting that any person
should carry out any protests, rallies or gatherings in any public place or
otherwise against the Plaintiffs or any of them at which the Plaintiffs or
any of them are subjected to abuse, harassment or intimidation AND/OR;

(ii)

using or threatening the use of physical or verbal violence or abuse or

using or threatening the use of any other harmful means against the
Plaintiffs or any of them or encouraging or in any way suggesting that any

person should carry out any of the foregoing acts against the Plaintiffs or
any of them AND/OR
(iii)

intimidating or harassing or causing any intimidation or harassment of the

Plaintiffs or any of them or otherwise encouraging or in any way
suggesting that any person should carry out any such acts against the
Plaintiffs or any of them; AND/OR

(iv)

interfering with or causing any interference with the personal safety of the
Plaintiffs or any of them or otherwise encouraging or in any way
suggesting that any person should carry out any such acts against the
Plaintiffs or any of them.

(v)

Carrying out or causing to be carried out any of the acts in (i) to (iv) above
against anyone closely affiliated with the Plaintiffs or any of them
including but not limited to the Plaintiffs or each of their respective
family members, employees, agents, friends and business associates.

f) Such further or other relief or Orders as are just and apposite;

g) Costs; and
h) Further or other relief.
Dated this 9th day of March, 2016.

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

INDORSEMENT OF SERVICE

This Writ was served by me upon the First Defendant, PETER NYGARD at
_________________________________ on ___________________ the _________ day
of _____________________ A. D., 2016.

Indorsed the

day of

(Signed)

(Address)

2016

INDORSEMENT OF SERVICE

This Writ was served by me upon the Second Defendant, KEOD SMITH

at

_________________________________ on ___________________ the _________ day

of _____________________ A. D., 2016.

Indorsed the

day of

(Signed)

(Address)

2016

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

__________________________________________

WRIT OF SUMMONS
__________________________________________
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