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Hardy appeals committal warrant

committal warrant issued against him by the Bermuda Supreme Court.The warrant, issued last month, meant that local officials could have seized and arrested the bankrupt former chartered accountant -- whose Bermuda insurance empire is now in liquidation --

committal warrant issued against him by the Bermuda Supreme Court.

The warrant, issued last month, meant that local officials could have seized and arrested the bankrupt former chartered accountant -- whose Bermuda insurance empire is now in liquidation -- and taken him before the court to explain why he should not be sentenced for contempt.

The proceedings were initiated by Mr. David Lines and Mr. Peter Mitchell, the joint liquidators of Hardy's failed Focus group of insurance companies. Their lawyers are Mr. Saul Froomkin Q.C. and Mr. Andrew Martin of Mello, Hollis, Jones & Martin.

The joint liquidators wanted to have Hardy declared in contempt of court for "scandalising the court'' in a letter campaign against former Chief Justice, the Hon. Sir James Astwood. Sir James, now the President of the Court of Appeal, had previously rendered judgments against Hardy in related matters.

Over a period Hardy distributed far and wide allegations against Sir James and his actions in Bermuda courts, by the way of letters that he has not denied writing. The letter campaign included personal attacks as well as attacks on Sir James' character and credibility as Chief Justice.

Hardy said in open court last year that he never believed that the statements in his letters concerning the Bermuda Supreme Court, Sir James or the Bermuda Government were in contempt of court, or actionable in any way.

Last month, presiding Puisne Judge, the Hon. Justice Meerabux said the allegations involving the "scandalising of the court'' were proved beyond a reasonable doubt.

Hardy has lodged an application for leave to appeal and for a stay of the warrant for committal.

The recent developments came after Justice Meerabux had suspended the hearing last Spring to seek a decision from the Attorney General's chambers as to whether or not they would bring criminal charges against Hardy, themselves.

But having learnt that the Attorney General's chambers declined to do so, the lawyers for the liquidators pressed the court to resume the civil hearing of the charges they brought against Hardy, and render a decision. After submissions had been completed in Hardy's absence, Justice Meerabux made his ruling.

Just this week, the London newspaper, the Independent on Sunday, outlined the story under a headline "Warrant issued for scourge of Coopers''.

They note that Hardy has "run a campaign against (the accountancy firm) Coopers (& Lybrand), whom he accuses of mishandling the liquidation of his Bermuda-based insurance group, Focus.

"His language has often been robust in his campaign against Coopers, whose two insolvency partners, David Lines and Peter Mitchell, were appointed joint liquidators of Focus in 1990 and made Mr. Hardy personally bankrupt for 13.5 million last year.'' Hardy has been a thorn in the side of Coopers in the UK after the battle in Bermuda with Coopers' affiliate, Cooper & Lines, of whom Mr. Lines and Mr.

Mitchell are partners.