COMMONWEALTH OF THE BAHAMAS 2016 IN THE SUPREME COURT 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 Keod Smith

Simms Point Skyline Lakes Lyford Cay New Providence New Providence The Bahamas 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 Nygard’s 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 Nygard’s unlawful activities, in particular as it relates to Crown Land.

11. Save The Bays has opposed, and continues to oppose, Mr Nygard’s 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; Don’t Mess with Us ” and “We

won’t 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, “Don’t let him go, don’t 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 Smith’s 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 Moss’s 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 Moss’s 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 Nygard’s 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, ‘It’s 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 housekeeper’s 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 Nygard’s 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. Don’t 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. Don’t 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 Nygard’s 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 Year’s 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 Year’s 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 t-

shirts 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 URLs:

https://www.youtube.com/watch?v=OsD1sIphsrw 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 wron gful 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 Nygard’s 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 Nygard’s and Mr Keod

Smith’s 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. Nygard’s 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 2016

(Signed)

(Address)

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 2016

(Signed)

(Address)

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