The Antigua and Barbuda government says it is not daunted by last-minute efforts by persons seeking to stop Friday’s sale of the multi-million dollar super yacht, Alfa Nero, that has been moored in Falmouth Harbour for more than one year on the southern coast of the island.
The yacht is due to go on the auction block at 10.00 am (local time) with the government indicating that no owner had stepped forward since the vessel had been sanctioned by the United States and the United Kingdom and that discussions with US government officials had taken place.
However, two separate entities and individuals have claimed ownership interest in the luxury vessel, prompting legal actions within the past 24 hours. The High Court granted permission for a judicial review, but not an injunction to stop the sale of the yacht, which some international media said is valued at US$81 million and is owned by the sanctioned Russian oligarch Andrey Guryev following Russia’s invasion of Ukraine last year.
“It is passing strange you would not say that for over a year and months nobody came forward, but just two days prior to the sale everybody is coming out of the woodwork,” said Attorney General and Minister of Legal Affairs, Steadroy Benjamin.
“But that’s how the law works. That’s how litigants bring their actions in the court. But the court will not be fooled by that kind of action. If there’s no legal learning on the matter, it will proceed as normal.
“As I said however, I have full faith and trust in the judiciary and I know at the end of the day everything will proceed…in my view as ordered in the High Court by the judge,” Benjamin said.
He remains confident that the move to the Court of Appeal will not impede the sale.
“I am not too bothered by that because I do not think the application has any merit at all and I canny see why that should in any way (prevent) the sale….We are proceeding as normal and I am sure that the sale will take place as planned”.
Attorney, Andrew O’Kola, who is representing persons claiming to be the owners of the yacht, confirmed that an emergency injunction had been filed in the Court of Appeal.
“On the one hand, the matter is before the High Court as we have been granted leave for judicial review on some grounds, and on the other hand it is before the Court of Appeal with respect to the emergency application for interim relief,” O’Kola said.
In a separate letter to media houses, O’Kola wrote that his clients “are pleased that the High Court granted permission for judicial review on the basis that the proposed sale of the yacht may be unlawful, but disappointed that the High Court did not also grant an injunction to stop the sale going ahead until the legality of what the government is proposing can be properly considered by the courts.
“To be clear, however, whether the auction goes ahead [Friday] or not, anyone intending to bid for the yacht needs to know that the government’s argument that it has the legal power to transfer ownership of the yacht to a purchaser is still the subject of an ongoing challenge in the courts.” he wrote.
Earlier this year, the Antigua and Barbuda government sought to re-assure creditors that they A statement issued following the weekly Cabinet meeting noted that Parliament had passed an amendment to the Port Authority Act, providing “the clear direction which the administrator requires to ensure that the vessel, after ten days of advertising, will by law become the property of the state.
“It will then cease being the property of a sanctioned person, nor will the vessel be sanctioned property. Under those conditions, a sale of the Alfa Nero will cause the resources realized to become the state’s property,” the statement said.
It said the law directs that the money realized be placed in the Consolidated Fund. “Antigua and Barbuda has already given assurances to the several creditors of the Alfa Nero that it will reimburse them from the sale proceeds. The new purchaser, not yet known, would justifiably desire to own the vessel free of all liabilities,” the statement said.
CMC/
