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Dentists square off over office

broke into the other's office and refused to leave.Dentist Dr. Clark Godwin told The Royal Gazette he was left with no choice but to break a window pane at Dr.

broke into the other's office and refused to leave.

Dentist Dr. Clark Godwin told The Royal Gazette he was left with no choice but to break a window pane at Dr. Donald Simmons' King Street office over the weekend after a door lock was changed.

He also returned to the offices yesterday afternoon and refused to leave when the Police were called.

The dispute began when Dr. Simmons had a lock on the office door changed and had his lawyer Mr. Philip Perinchief, on September 28, send Dr. Godwin a notice to quit the property by the end of last month.

The notice stated that Dr. Simmons -- who had allowed Dr. Godwin to share his offices for the past seven years -- wished to upgrade his dental equipment and could no longer accommodate Dr. Godwin.

But Dr. Godwin said up until recently he and Dr. Simmons enjoyed a friendly relationship.

He suspected that Dr. Simmons' attitude toward him had changed since he was convicted in July of intending to defraud Somers Isle Insurance of $3,175 and fined $6,000.

But, Dr. Godwin added, Dr. Simmons did not have the "guts'' to admit it.

Dr. Godwin, who is appealing the conviction, has argued that he had "cross charged'' four patients to prevent them from having to pay for a procedure that is not covered by their insurance.

Yesterday, he sent Dr. Simmons a letter, informing him that he had to break into the office because he had patients who required emergency treatment.

Dr. Godwin, who claimed he was working on plans to set up his own practice and expected to be out of Dr. Simmons' office within the next 18 months, said he planned to replace the pane.

"However,'' he added, "I appeal to your sympathy as doctor. I appeal to your good sense and common sense as a mature adult, that you allow me access to the facilities until such time that the courts can decide this matter.'' Dr. Godwin also told The Royal Gazette that his practice was suffering as a result of Dr. Simmons' actions.

He said he had to cancel appointments last week.

And he said he found 30 messages on his answering machine when he entered the office last Saturday.

After breaking in, Dr. Godwin said he was able to treat half a dozen patients.

And he stressed he would continue to enter the premises by any means to serve his patients.

In fact, Dr. Godwin returned to the premises yesterday and engaged in a shouting match with Dr. Simmons' secretary before Police were called.

But Dr. Godwin later said P.c. Russell Matthews, who responded to the call, told him the matter was for the courts to decide and Police did not have the power to order him to leave the building.

Dr. Godwin added that he planned to go to Supreme Court today to seek an injunction against Dr. Simmons which would allow him access to the building so he could continue to practise there.

But Mr. Perinchief -- speaking on behalf of his client -- yesterday stressed that Dr. Simmons did not want to enter a public fracas with Dr. Godwin.

However, Mr. Perinchief added, because of Dr. Godwin's actions Dr. Simmons believed that a response was necessary.

"Dr. Godwin has characterised Dr. Simmons as an unfeeling and selfish person,'' he said. "Dr. Simmons has been extremely charitable and fair to Dr.

Godwin.

"He has used Dr. Simmons' office and equipment for the past seven years.'' Mr. Perinchief said Dr. Godwin was taking advantage of his client's "good nature''.

And he noted that Dr. Godwin -- who had paid monthly rents of $500, $800, and $1,000 over the seven-year period -- was allowed to use the premises without paying rent for at least one year.

He stressed that Dr. Simmons had allowed this because he was trying to help Dr. Godwin get started.

"Dr. Simmons simply wants to expand the practice which excludes Dr. Godwin,'' he added.

Mr. Perinchief also denied that Dr. Simmons had a verbal ten-year agreement with Dr. Godwin.

But, he said, Dr. Simmons was willing to allow Dr. Godwin use of the office until January 31, 1996, providing that Dr. Godwin promised to vacate the office by that date.

"We think this is amicable, fair, and reasonable,'' Mr. Perinchief said.

"The onus is on Dr. Godwin.'' Mr. Perinchief also denied that Dr. Simmons' decision to ask Dr. Godwin to vacate the premises was linked to his recent conviction.

IN HE GOES -- Dr. Clark Godwin shows how he got to the office on Saturday.