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JAM | Jun 29, 2024

Al Edwards responds to Bobby Stewart’s open letter on the fight for the succession of Butch Stewart’s assets

Al Edwards

Al Edwards / Our Today

administrator
Reading Time: 13 minutes
(L-R) Viscerys Targaryen (Photo Credit: Mashable) and Gordon ‘Butch Stewart

See Related: Bobby Stewart, son of Butch Stewart, publishes open letter to Our Today’s CEO

For almost two decades, I knew your father Gordon ‘Butch’ Stewart. I worked for him for a decade, and I revered the man. He was not simply my boss but someone I regarded with avuncularity. There was nothing I wouldn’t do for him, not out of blind loyalty but out of affection and respect.

I can recall Chelsea’s former captain John Terry talking about what Jose Mourinho meant to him saying, “Probably for the football club, but for him I would give everything. I would leave that pitch in a coffin for him.”

I can somewhat relate as far as Butch Stewart was concerned.

I am a man given to speaking my mind and it has caused me problems from time to time. That will never change, not at this stage.

It is my sincere wish that if I am ever to work for someone again, it will be for someone I hold in high regard, someone honourable, a person I have the maximum respect for. I’m done serving half-wits, people of little talent and ability and who lack courage and acumen.

Your father was a lion of a man, and I had maximum respect for him.  We got on well and he entrusted me with a number of assignments which best suited my skillsets.

I read your take on my article entitled “Butch Stewart’s legacy and similarities with The House of the Dragon”.

Before I even get into this, let me make it clear that I have never spoken to any member of the Stewart family regarding the matter surrounding the Chairman’s estate. I would find it gauche and impertinent to do so.

In your published riposte you write, “Today, as much as I find it distasteful, I am forced to write you openly to challenge your recent story on your social media platform – in which you have propagated, intentionally or otherwise, a number of mistruths about my father and his will and wishes, into a fanciful comparison to a fictional fantasy series and have inaccurately represented the state of our family matters.”

You unwittingly get to the crux of the matter in your opening paragraph rather in a Hemmingway-like fashion, avoiding the ponderous sentences and structure of a William Faulkner. 

The article is meant as a witty observation drawing parallels to a television show. The show centres on a rich king who is dying. He has two families and must decide who he is leaving his kingdom to. He decides on his first-born daughter, Rhaenyra Targaryen, from his first marriage. He makes that publicly known to the court. His second wife wants to secure the succession for her child though he is unfit for leadership. The ill and ageing king calls for unity among his fractious family. On his death bed, he recounts the legend of Aegon and that is taken to mean his wish is that his younger son of the same name should be crowned as king. A hasty coronation is enacted, and the family now split, engages in a bitter war each holding to their respective claim.

Adam Stewart

Having worked for your father who was one of the wealthiest business leaders of the Caribbean, I saw first-hand his intention. It was made incontrovertibly clear that your younger brother Adam was to succeed him – just like in the show House of The Dragon.

There was even a Clovis cartoon in the Chairman’s office with him passing on the baton to Adam. I am sure you are aware of it. Ask Adam, don’t take my word for it.

In my professional engagements with your father, he would always make it clear to me that I should send a copy of my report to Adam or solicit his opinion on discussed matters.

Your younger brother was made CEO at the age of 26 I believe, or was it 25? What does that tell you? The way anyone would interpret that is that your father reposed faith in Adam to continue his legacy and run the group of companies competently.

(L-R) Gordon ‘Butch’ Stewart and Al Edwards, CEO of Our Today

Reading your missive, I can’t help but wonder why did he opt for Adam rather than you the older brother? What did he see in Adam that he did not see in you? What was it about your character and abilities that he felt was not suitable for you to fill his shoes?

It’s not a question that I seek an answer to at night but perhaps you do and understandably so.

It is patently clear that your father’s intention and will (and I mean will in the sense of what he wanted) is being contested. There would be no lawsuit otherwise.

His former paramour/common-law wife believes she has a case and is challenging members of your family. That’s not an inaccurate narrative, that’s a fact.

The legal battle has been well reported in the media and the case documents are available for all to read.

(L-R) Al Edwards, CEO of Our Today and Adam Stewart, Executive Chairman, Sandals / ATL Group of Companies

You are so right when you write that a journalist has a duty to always carefully verify their sources and ensure that they are working from the complete facts.

So let’s look closely at the facts shall we?

  1. Gordon ‘Butch’ Stewart died on January 4th, 2021, of to date unspecified causes.
  2. He made it clear that his son Adam Stewart would succeed him as Executive Chairman and run the group of companies.
  3. He left a number of trusts to be administered and managed by his children.
  4. Cheryl Hammersmith-Stewart and her children opposed that the Chairman’s will be sealed or treated as private.
  5. In September 2021, Cheryl Hammersmith-Stewart filed a lawsuit for the removal of Cromwell Trust Company as trustee of two of The Chairman’s trusts namely the Hightree Trust and the Coral Ridge Trust.

In the interest of journalistic integrity and not to make a complete fool of myself I thought it prudent to again take a look at what was written in Cheryl’s affidavit in order to better ascertain her thoughts on the matter.

These words are very instructive. Read them for yourself Bobby and tell me what you deduce.

Judiciary Court of the Bahamas

The following excerpt is from the judgement of the Court of the Bahamas starting at paragraph 9.

“9. Cheryl alleges that, prior to his death, the Founder set out detailed wishes as to how he wished the businesses/assets he had put into the Trusts to be dealt with after his death. Much of Cheryl’s assertions as to the Founders last wishes are the subject of challenge and its efficacy to be determined if the action proceeds.

10. Cheryl summarizes these purported wishes as follows:

a. First, by a letter of wishes dated 18th March 2019 (that was prepared by one of the Defendant’s directors), the Founder expressed the wish that after his death me and my children receive the sum of US$100 million from Hightree.

b. Second, in his Last Will & Testament dated 15th May 2020 (the ‘Will’), the Founder set out a Table of Properties and listed which properties he wished specific members of his family to receive. Following requests in respect of specific properties, the Table of Properties included a general request that my children receive, “all other homes, apartments or residential units outside Jamaica not mentioned above. (regardless of whether owned by companies falling within the Sandals & Beaches Group or the ATL Group.

c. Third, in a ‘Summary of Trust Arrangements’ prepared at the Founder’s request by Mr Patterson (who also acted as the Founder’s personal attorney during his lifetime and as noted above is a director of the Defendant) the Founder expressed the wish that the parent companies of Sandals, HPI, and another business (The Unique Group, which is held by a Guernsey law trust – the Winton Trust – that is not the subject of these proceedings but is included in the Sandals Group) be distributed to trusts for his family members in the following proportions:

(i)                          A new US Family Trust, for me and my children – 42%.

(ii)                       A trust for Bobby- 16.67%.

(iii)                     A trust for Adam – 16.67%.

(iv)                    A trust for Jaime – 16.66%.

(v)                      A trust for Brian – 8%.

d. Fourth, by the ‘Summary of Trust Arrangements’ the Founder also expressed the wish:

(i)                         That me and my children receive 8% veto shares in the parent companies of the said businesses (giving me and my children 50% of the voting rights in the businesses and so the ability to veto shareholder resolutions, protecting our minority position); and

(ii)                      That the parent companies be the subject of a Shareholders’ Agreements, which would give the US Family and the Jamaican Family balanced representation on the boards of those companies (effectively providing that neither branch would have a majority on, or control of, the boards, unless they were joined by independent directors).

The Summary of Trust Arrangements which was not signed by Founder. Cheryl also relies on a memorandum, prepared by his personal attorney, Trevor Patterson which was purportedly signed by the Founder on 3 January some hours before his death and at a time when he was seriously ill. The memorandum provided for the establishment of 5 new trusts to hold the shares of the asset-holding companies currently held in trust. The memorandum was not forwarded to Cromwell as the Founder died before this could be done and Patterson considered that his agency was terminated on the Founder’s death.

11. As indicated, Adam and some of the Defendants assert that Cheryl’s representations as to the Founder’s wishes do not accurately reflect the genuine, lasting, and free and informed wishes of the Founder.

12.  Following the Founder’s death relations between the US Family and the Jamaican family have broken down, Cheryl alleges:

18.    Unfortunately following the Founder’s death [Cromwell] has refused to implement the Founder’s wishes for the Trusts. Instead, and as I summarize below, [Cromwell] has departed or threatened to depart from the Founder’s wishes in various ways that would prejudice my and my children’s position.

19.     I am deeply concerned that the reason [Cromwell] has departed, or has threatened to depart, from the Founder’s wishes for the Trusts is that the majority of the Defendant’s directors are subject to serious conflicts of interests and susceptible to the influence of Adam.

20. As to the conflicts that affect the majority of [Cromwell’s] directors, these can be summarized as follows:

Aerial view of the Italian village at Beaches Turks and Caicos. (Photo: Beaches Resorts)

(a)   As set out above, the majority of the [Cromwell’s] directors are officers, employees, or counsel to the Sandals Group. They are thus paid directly or indirectly by the Sandals Group, and have a personal interest in the activities of the Sandals Group and in maintaining their good relations with the Sandals Group.

(b)    The current Executive Chairman of the Sandals Group is a member of the Jamaican Family, namely Adam. Accordingly, the majority of [Cromwell’s] directors are subordinate to Adam and have a personal and financial interest in maintaining good relations with him.

(c)    Following my husband’s death, it falls to the trustee of the Trusts to take a series of decisions regarding the distribution of the Trusts’ assets, which will require the trustee to balance the competing interests of the Founder’s family and the Sandals Group, and the competing interests of the Jamaican and US Families. Thus, for example:

(i)                          In deciding whether to put into effect the Founder’s wish that my children receive all “homes, apartments or residential units outside Jamaica not specifically bequeathed by his Will “regardless of whether owned by companies falling within the Sandals & Beaches Group … “, my children’s interests are in direct conflict with the interests of Sandals: it would not be desirable from Sandals’ perspective for the trustee of the Trusts to distribute properties held by Sandals to my children.

Gordon ‘Butch’ Stewart (Photo: hosphoitalit)

(ii)                       In deciding whether to put into effect the Founder’s wish that me and my children receive veto shares in the businesses, or that the boards of directors of the businesses are balanced between the US Family and the Jamaican Family, my and my children’s interests are in direct conflict with the interests of the Jamaican Family: if the Founder’s wish that me and my family receive veto shares and board level protection are thwarted, our 42% minority holding in Sandals would be devalued, and the Jamaican Family – and Adam in particular – will be able to exert more control than the Founder intended.

13.   Cheryl has commenced this action (“the Claim”) by Writ of Summons dated 14 September 2020. The indorsement on the Writ provides a summary of Cheryl’s claim. It provides:

The Plaintiffs claim herein is against [Cromwell] as trustee of the settlement established by Declaration of Trust dated 23rd February 2001 and known as The Coral Ridge Trust and as trustee of the settlement established by Declaration of Trust dated 23rd February 2001 and known as The Hightree Trust for the following relief:

(1)   A declaration that the claim does not engage:

(i)       the no contest clause at clause 6 of the Declaration of Trust of The Coral Ridge, as amended by a Deed of Amendment dated 16th August 2018,

(ii)      the no contest clause at clause 6 of the Declaration of Trust of The Hightree Trust, as amended by a Deed of Amendment dated 16th August 2018; or

(iii)   the no contest clause at clause 27 of the last Will and Testament of the late Gordon Arthur ‘Butch’ Stewart dated 15th May 2020.

(2)   If, but only if, the said declaration is granted:

(a)      the replacement of [Cromwell) as trustee of the Trusts with The Private Trust CorporationLimited, or alternatively with such wholly independent, professional Bahamian trustee as the Court thinks fit;

(b)      in the alternative to (a), the appointment of, as a Judicial Trustee of the Trusts in place of [Cromwell], The Private Trust Corporation Limited, alternatively of such wholly independent, professional Bahamian trustee as the Court thinks fit;

(c)      in the alternative to (b), the appointment of, as an additional trustee of the Trusts to act jointly with [Cromwell], The Private Trust Corporation Limited, alternatively of such wholly independent, professional Bahamian trustee as the Court thinks fit;

(d)     in the alternative to ( c), the appointment of, as a Judicial Trustee of the Trusts to act jointly with [Crowmwell], the Private Trust Corporation [Cromwell] Limited alternatively of such wholly independent Bahamian trustee as the Court things fit.  

(3)    Such further or other relief as the Court shall consider appropriate; and Costs.

Syrax and Rhanyra Targaryen from the House of The Dragon (Photo Credit: The Nerdist)

This is by no means an amicable agreement with family members content with how a billion-dollar empire should be bequeathed. 

What I take away from the above is that Cheryl does not trust her stepson Adam, that her family must get 42 per cent of Sandals, and she fears that Cromwell may noy not carry out the Chairman’s wishes. She also wants 50 per cent of the voting rights of the businesses. 

It bears all the hallmarks of acrimony, resentment, struggle, and a family tearing itself apart.

While I’m at it, I read a report in the media that says you are on Cheryl Hammersmith-Stewart’s side and support her claim. Is this true? Perhaps you can clarify. It may explain why you felt the need to put pen to paper so to speak.

I couldn’t help but wonder after deep contemplation of what is in fact a family schism, rather like in the House of the Dragon, why your Daddy removed you from the trust as cited by a major Jamaican newspaper.

Gordon ‘Butch’ Stewart and Robert Bobby Stewart (Photo Credit: The Gleaner)

What would make a man of such acuity and very much aware of the value of inheritance do such a thing?

The said newspaper also reported that the Chairman had a change of heart and put you back in but why did he initially deem you unworthy?

It sure is a conundrum.

As to YouTube videos about your family’s fight over your father’s estate, that has nothing to do with me.

Aerial view of new all-inclusive resort, Sandals St Vincent. (Photo: Sandals Resorts)

Now I note you referred to my platform as a “blog”. Let’s explore this.

I’m sure you would know the background of why I started a media house. For years I implored your father to pivot more to a digital news offering as I could see the turning of the tide. Running a newspaper in a country with a small population, for which even a smaller part of that population reads the news, is a costly affair and you need very deep pockets to absorb the operating and capital expenditure. We had our disagreements on this but our mutual affection prevailed. I moved on a couple of times.

When he asked me to return to Group to run a digital news platform, I was delighted and had a set vision. In fact, having seen how Adam worked and his understanding of the digital age I asked to report directly to him. 

That didn’t happen, and instead, I was to work under an elderly gentleman not au fait with modern digital news and I guess I was not his cup of tea so I was chopped. 

White-sand beach and a picturesque scene of the open Atlantic Ocean await visitors to the Sandals Royal Barbados. (Photo: Sandals.com)

I remember it well. I had to go home and wonder about how I would take care of my family with the world shutting down due to COVID. It was a scary time, and you see, I had no big inheritance to fall back on.

No one gave a shit and I guess that’s just the way it is. I determined to establish my own media operation, find a way, tough it out and be the captain of my own ship. 

It wasn’t all me. Family and friends stood by me and supported me and for that I will always be beholden and grateful. There is no such thing as self-made –  it’s a fiction – just like The House of the Dragon. 

Despite squaring off against competitors with vast resources, we are still around and growing. So Bobby, no blog. I’m building a digital media house. Stay tuned.

Ever see the show Succession? That too is about a media house where the patriarch must decide which of his children has what it takes to run the businesses.

HBO TV Series Succession

Some liken it to the Murdochs but that media family doesn’t seem to give that any credence. Rupert and his family are clearly made of sterner stuff and probably they all have a chuckle about it when they meet up on holiday.

My article appears to have perturbed you and that is unfortunate. You write, “You are of course free to tell all the fairy tales that your heart desires – whether they be about Puff the Magic Dragon, Merlin the Magician, or the trials of your fictional unsung hero Joffrey – but your attempt to publish yourself into serious and delicate family matters by publicly spreading false and unchecked information, is not only irresponsible but a threat to the estate, family members and the companies.” 

Now Bobby, you have known me for some time now. Do you believe that I would endanger your family or their businesses? I always was made to feel part of the Group and did so. 

It is where I have worked the longest in Jamaica. I was extremely fond of your father and proud to be part of the Group and its enterprises. I would probably be there still if it were not for company machinations and power struggles.

Scene from House of The Dragon

There is no part in the article where I maliciously or intentionally set out to disparage or cause problems for your family’s businesses.

Perhaps to you cheeky yes, but malevolent?  No.

But a man has to do what he has to do and ensure he doesn’t spend time pursuing fool’s gold, find his purpose, and look after his family.

That’s what I’m about.

“The past is seldom as we would have it. The future yet to be known. Embrace the present and strike all else from concern.

“At the end of the day, a man must do what he can to brace against the shit of a simple day.” 

A young Gordon ‘Butch Stewart’

Bobby, this fight over the Chairman’s estate is a drama and you have to concede that it is of interest to the public as the Chairman was a public figure. People are closely watching to see how this turns out and what it means for what took Butch Stewart half a century to build.

You got it all wrong mate and you go way yonder when you write about inferred threats of physical harm when I say, “people will get hurt in this thrilling show.” 

I clearly meant in the television show, House of The Dragon, where people have already been hurt (Jaehaerys Targaryen, Arryk and Erryk Cargyll ) not in the case of your family. House of The Dragon is not a facsimile of your family’s plight. I’m sure you don’t see members of your family flying on the backs of dragons and doing battle in armour. You need to lighten up.

Let me know if you want to chat. Cheers mate.

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