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Smith appeals ruling

Fired Bermuda Housing Corporation property manager Terrence Smith yesterday appealed a court decision that he pay a tradesman $22,500 for work the man carried out on his house.

Carpenter Steven Barbosa won a Magistrates' Court case in April this year to have Mr. Smith pay him $22,500 for work he did at the former BHC property officer's luxury home in Tee Street, Devonshire.

Mr. Smith had claimed the payment was money he owed Mr. Barbosa for renting one of his properties between September, 2000 and June, 2002 while the work was being carried out.

But Magistrate Edward King ruled in April that the cash was for the work Mr. Barbosa did at Tee Street.

Mr. Smith appealed the decision before Puisne Judge Ian Kawaley at Supreme Court, with his lawyer Jai Pachai arguing Mr. Barbosa's evidence was contradictory.

Earlier court hearings were told Mr. Barbosa had double billed BHC for work he did while Mr. Smith was a property manager.

Mr. Barbosa had testified he had double billed BHC for work he did at Prospect, but it was an "oversight" and he had to pay back the BHC $21,900. He also worked at that time on Mr. Smith's Tee Street home.

Mr. King ruled he was in no doubt that Mr. Smith was trying to "save his skin" by ensuring the double billing was rectified. The magistrate believed Mr. Smith did request a bill for work Mr. Barbosa did at his home, so that Mr. Barbosa could get money to repay BHC.

Mr. King stated Smith tried to save his job by obtaining money through presenting the concocted invoice to Capital G where he obviously had funds.

But yesterday Mr. Pachai said: "As a matter of practical common sense, Smith owed $22,500 to Barbosa for unpaid rent, Barbosa owed $21,900 for the double billing. Therefore, payment by Smith to Barbosa of $22,300 cancelled Smith's debt to Barbosa and payment by Barbosa to BHC of $21,900 cancelled Barbosa's debt to BHC."

But Mr. Barbosa's lawyer Paul Woolgar argued Mr. Smith had paid the money to his client to "save his own skin".

Mr. Justice Kawaley reserved judgment.