Judge orders Todd to pay $500,000
$500,000 for land, building materials, and back rent.
Puisne Judge Vincent Meerabux has ruled for 74-year-old Frederick Hendrickson against former Bank of Bermuda loan officer Arnold Todd on eight counts of breaching agreements.
He found in favour of Todd on the ownership of a truck and cement mixer.
The judgment comes after a sometimes heated civil trial and more than eight years after Police swooped on Mr. Todd's Front Street office, seized numerous documents and opened an investigation.
And it comes almost two years since he was cleared of six criminal charges for theft in a marathon nine-week trial in November 1996.
That jury could not decide on a verdict on 11 other charges of fraud and false accounting and they were left on the books.
Judge tells ex-banker to pay $500,000 Earlier this year Attorney General Elliott Mottley decided his office would not proceed any further on the 11 charges.
Yesterday Mr. Justice Meerabux found that Todd, of Landmark Development, Southampton, must pay $538,845.19 plus interest to Mr. Hendrickson.
In his ruling the judge said Todd had agreed to pay Mr. Hendrickson $100,000 each for three lots of land at Town Hill, Flatts and must pay $270,000 plus interest to complete the purchase.
Mr. Justice Meerabux said he found Todd's case was inconsistent concerning payments made in respect of the land -- and a receipt from November 23, 1988 "is not an accurate history'' of the payments.
Todd must also pay Mr. Hendrickson $97,135 plus interest which was found to be the profit from the sale of the three developed properties at Town Hill.
Relying on a ledger from F.L. Enterprises Ltd. -- made on the instructions of Todd -- the judge said the total costs to buy and build the three houses on the land was $800,700.
Mr. Justice Meerabux found Todd sold the properties for $994,970.
He said Todd gave only "simple'' and "general'' denials that he had ever agreed to import eight containers containing building materials from Mr.
Hendrickson.
Mr. Justice Meerabux found that Todd introduced Darren Woods to Mr.
Hendrickson and sent Woods to meet him in Virginia to buy the building materials.
He found Todd had agreed to pay for the contents which the judge found was worth $148,145.24.
He added: "I rule that the Plaintiff has proved his claim by a balance of probability.'' Mr. Justice Meerabux ruled against Mr. Hendrickson's claim that Todd owed him $18,000 for a truck and mixer worth $28,000.
He said the "balance of probability'' was in favour of Mr. Todd and that Todd had never received the keys or documents of title for the truck.
Todd also received commissions for rents and acted as agent for "five or six years'' for 11 properties Mr. Hendrickson owned.
Entries in the F.L. Enterprises ledger made by Mrs. Simmons indicate that Todd received commissions totalling $26,587.20 from rents in 1987, 1988, 1989, and 1990.
That amount equalled a ten percent commission.
Mr. Justice Meerabux ordered Todd to pay a total of $23,564.95 plus interest for commissions and improper payments to Mr. Hendrickson after finding that Todd did act as agent on the properties.
During the trial lawyer Kieron Unwin appeared for Mr. Hendrickson and Michael Scott for Todd.
Yesterday Mr. Scott and lawyer Julian Hall heard the judgment and lawyer Karen Williams-Smith represented Mr. Hendrickson.
Neither man was in the court to hear the judgment.