Judges Wade-Miller, Kawaley recuse themselves from Julian Hall case
High-profile lawyer Julian Hall is so well known that two judges have withdrawn from handling his bankruptcy case amid fears they are "too close" to him.
The news yesterday brings the tally of judges who have withdrawn from the matter to three.
Chief Justice Richard Ground was the first. He agreed earlier this year that his previous hearing of Mental Health Act proceedings relating to Betty McMahon, an elderly lady Mr. Hall owes around $1.7 million, could lead people to question his impartiality.
He rescinded his ruling against discharging the bankruptcy and ordered that another judge should start afresh in deciding the issue.
Yesterday, the case kicked off once again before Puisne Justice Carlisle Greaves – but Mr. Hall revealed that this only came about after two other judges, Ian Kawaley and Norma Wade-Miller, declined to handle it.
"Both took the position that they were either too close to me or my family to adjudicate the matter," he explained.
Mr. Hall was declared bankrupt more than eight years ago after racking up debts of $2.7 million.
Besides a protective trust established in the name of Mrs. MacMahon, he also owes large sums to the estate of his former employer Charles Vaucrosson and other entities including the Government and the Bank of Bermuda.
His debts currently stand in the region of $3.3 million including interest.
Yesterday's preliminary hearing saw Kulandra Ratneser, the lawyer acting for Official Receiver Stephen Lowe who is administering the bankruptcy, complain that Mr. Hall has not complied with several requests for him to answer questions about his finances.
The previous hearing before the Chief Justice heard evidence of some of his business dealings since being declared bankrupt. These include a current $119,000 per annum contract as a consultant to the Ministry of Works and Engineering.
It also heard that Mr. Hall has failed to repay any of the money owed.
"The Official Receiver wants to know what money he's earned, and what money he has available now. To this day not one red cent has been paid to any one of the creditors," said Mr. Ratneser yesterday.
"How much is he earning? What has he been doing with the money? Has he been squandering it away? These are the questions."
Mr. Hall agreed to answer questions from the Official Receiver within 14 days of receipt so Mr. Lowe can prepare a fresh report for the next hearing of the bankruptcy case.
However, he stressed that he has done all he can in the past to answer questions as best he can.
As in previous hearings, he accused the Official Receiver of dragging his feet over discharging the bankruptcy, which prevents him practicing at the Bar. Mr. Hall claims this means he's stuck in a vicious circle, unable to work as a barrister to pay off his debts.
He questioned whether the information the Official Receiver wants him to provide is "just an exercise for poking me further. They talk about me not reporting (my finances) but this has been nothing more than a public flogging in slow motion for eight and a half years".
Mr. Hall branded the Official Receiver's request for answers as a precondition to proceeding further towards a possible discharge as "entirely out of order," but said he would comply nonetheless in order to get on with it as quickly as possible.
The full hearing of the matter is likely to resume before Mr. Justice Greaves later this year. Prior to adjourning the case, Mr. Justice Greaves checked that none of the lawyers involved object to him handling the case.
None did, with Mr. Hall stating: "I don't know you from Adam. There is no longstanding friendship. I have no objection."
