action against the bike rider involved in the fatal crash.

Earlier this week a writ was filed by Harrington Ltd, the executor of the estate of the late George Whitecross, against James Prescott Skinner.

The writ was filed on the eve of the third anniversary of the death of Mr.

Whitecross who died aged 43 after his motorbike was involved in a collision on Verdmont Road, near the Cabana Apartments, in Smith's Parish.

Last night his brother Gene Whitecross said: "We are taking civil action over the death of my brother.

"My brother's two sons are left without a father, but they are still going to college and that and everything else still has to be paid for. My brother was a good provider.'' He added: "We wanted to wait until everything was sorted out with the lawyers and then we went ahead with the writ.'' Last February James Prescott Skinner appeared before the Supreme Court in connection with the case.

Mr. Skinner, of Knapton Hill, Smith's Parish, pleaded not guilty to causing death by dangerous driving but admitted dangerous driving in connection with the fatal crash.

Puisne Judge Richard Ground fined him $1,000 and banned him from the roads for three years.

After the case Mr. Whitecross criticised the sentence as "ridiculous''. "I think it is terrible, it is outrageous,'' he said at the time. "I was very close to my brother.'' Mr. Skinner was also injured in the crash and was taken to the King Edward VII Hospital with serious leg injuries.

Mr. Whitecross, the owner of Giant Foods, in Warwick, was married to his wife Adriana, who could not be reached for comment last night.

Last night Mr. Skinner declined to comment on the writ.