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Lahey suit: credibility of amici curiae dismissed

Winds of change: Kim Swan, former leader of the UBP but now a PLP candidate for the impending election, is one of 11 signatories in the amici curiae filed to have the government suit against Lahey Clinic thrown out of court (File photograph by Akil Simmons)

Massachusetts District Court has been urged to reject a brief from local political figures vouching their support for the Lahey Clinic, in the latest deposition for the Bermuda Government’s suit against the medical institution.

The document notes the motion from Ewart Brown, the former premier, along with “eight other members of his political party, and two alleged independent politicians”, saying none have “tangible interest ... let alone a ‘special interest’ sufficient to justify participation as a friend of the court”.

The partisan interest of the 11 signatories, legally known as amici curiae, is given as a reasonable basis for the court to deny the motion, which is also said to be “procedurally improper” based on its timing and page length.

The Government’s civil complaint accuses Lahey of colluding with Dr Brown through his local practices. Others who registered their support for the clinic are former premier Alex Scott, former United Bermuda Party leader Kim Swan, Progressive Labour Party leader David Burt and MPs Wayne Furbert, Michael Scott, Zane DeSilva, Kim Wilson and Walter Roban, as well as independent MPs Shawn Crockwell and Mark Pettingill.

Maintaining that the clinic is already sufficiently represented, the brief also charges that the document “merely rehashes Lahey’s arguments, offers no unique information or perspective, and misstates material facts”.

It is The Royal Gazette’s policy not to allow comments on stories regarding court cases. As we are legally liable for any slanderous or defamatory comments made on our website, this move is for our protection as well as that of our readers.