Witness: Hall won ?beauty contest of lawyers? to represent widow
The mentally ill widow from whom a Bermudian lawyer stands accused of stealing half a million dollars made contradictory hand-written statements about who she wanted to handle her affairs, it was revealed yesterday in the Supreme Court.
Julian Hall is being tried on five counts of stealing a total of $551,044 from Betty Lorraine McMahon between 1995 and 1996.
Hall, a former MP and Shadow Minister of the Environment, was officially declared bankrupt and banned from practising law in January, 2000.
He was ordered in December, 1997 to pay Mrs. McMahon $1.6 million plus seven percent interest. As legal proceedings dragged on, he was charged with stealing from the woman. He has denied those charges.
The case is being heard by Chief Justice Richard Ground and prosecuted by consultant counsel to Department of Public Prosecution?s office Kulandra Ratneser. Hall is representing himself.
Mrs. McMahon is not considered fit to be a witness in the case. So far, much of the court arguments have centred on whether Mrs. McMahon really wanted to change the power of attorney over her affairs from Appleby Spurling and Kempe (AS&K) lawyer John Campbell, Butterfield Executor Trustee Company (Betco) trust manager Sharon Lamb, Betco supervisor Ken Morgan and Mrs. McMahon?s daughter Francine Ryan to Hall.
In cross-examination, Hall showed Miss Lamb a hand-written postscript to a letter to Hall dated August 12, 1995.
It read: ?In your discussions with Mr. John Campbell please advise him that he should deal only with you and not with me.?
Miss Lamb told the jury that the signature at the bottom of the postscript was Mrs. McMahon?s. Hall also produced another typed letter signed by Mrs. McMahon which stated she wanted to know more about how her legal affairs were being handled by AS&K and Betco.
Miss Lamb also agreed that the signature at the bottom of this letter was Mrs. McMahon?s.
However, later in the case another letter was produced by the prosecution dated August 17, 1995 with a similar hand-written note saying she wanted John Campbell to continue as her representative.
?My intention was never for Julian Hall to take over my affairs,? the note read. ?Please do not ask for any instructions from Julian Hall.?
This postscript was written at the bottom of a letter sent by Hall to Mr. Campbell, Miss Lamb and Mrs. McMahon that day and witnessed by Miss Lamb.
Under questioning from Hall, Miss Lamb agreed that Francine Ryan was not happy about the switch in representative to Hall and caught the next plane to Bermuda to investigate the situation. According to Hall, AS&K eventually advised that the matter be taken to another law firm, Conyers Dill and Pearman (CDP). This law firm recommended that the only way to determine who Mrs. McMahon wanted as her representative was to get all the parties involved and to ask her in front of them.
CDP lawyer Jeffrey Elkinson, senior partner Richard Pearman and Hall were present at the meeting.
?Do you recall what you called that meeting?? Hall asked Miss Lamb. She replied promptly, ?A beauty contest of lawyers?.
?And who was the winner of that beauty contest, Miss Lamb,? Hall asked. ?Who was Miss Universe. Who became Mrs. McMahon?s lawyer following the beauty contest??
?You did,? Miss Lamb answered.
