HAROLD Darrell has waited for nearly two years and spent a six-figure sum to pursue his claim that the Bank of Bermuda discriminated against him on racial grounds.

The president and chief executive officer of cable company Hardell has fought his battle in the courts and through the Human Rights Commission (HRC), amid allegations of political interference in the case by Cabinet Minister Terry Lister.

It is a case which prompted the resignation of a former executive officer of the HRC, Neville Darrell, who quit because of what he said was Mr. Lister's interference in the case.

And the repercussions went still further, as Hardell general manager Corey Butterfield was sacked from his post as the Progressive Labour Party spokesman in May last year. Many considered that Mr. Butterfield paid a political price for his professional involvement with Mr. Darrell in a case which was embarrassing for the PLP Government.

Four months ago, the HRC referred the case to a Board of Inquiry and it seemed that a conclusion was near.

But another twist in the saga - the Bank of Bermuda suing Community Affairs and Sport Minister Randy Horton over his appointment of a Board of Inquiry - has left Mr. Darrell facing yet another delay. The Supreme Court has ordered a stay on the Board's hearing, pending the outcome of the case between the Bank and the Minister.

The Mid-Ocean News understands that the stay was ordered less than a week before the Board appointed by Community Affairs & Sport Minister Randy Horton was due to meet for a preliminary hearing.

A letter dated June 24 was sent to the parties involved, asking them to meet with the Board on July 1. The court order won by the bank prevented that meeting from taking place.

Now Mr. Darrell faces the prospect of having to legally contest the Supreme Court order, so he can finally get the Board of Inquiry hearing on the discrimination case he first lodged with the HRC in October, 2000.

Even earlier than that, Mr. Darrell had begun his battle in the courts. He filed a writ against the bank in June, 2000, alleging that a bank employee had "revealed confidential information about the plaintiffs (Mr. Darrell and Hardell) who were clients of the defendant (the bank) to persons who were not entitled to such information" and had thereby jeopardised his business dealings.

Mr. Darrell's claim that the alleged breach of confidentiality was the result of racial prejudice against him because he was black was filed with the HRC four months later. "Here we are in July, 2002 and a discrimination case that was filed in October, 2000 still has not been dealt with," Mr. Butterfield said yesterday.

"The HRC is supposed to be there for the average man, but this case has already cost Mr. Darrell in excess of six figures.

"The bank is trying to affect the way the HRC is working by stalling the process. If Mr. Darrell did not have resources, he would have had no rights.

"If this had been a man with no money, the bank could have got another stay and another stay until they burned him out. I think that is getting lost in all of this."

Mr. Butterfield declined to comment on whether he thought he had been sacked by the PLP because of his involvement in the case.

Mr. Lister was accused of interfering in the HRC case by Neville Darrell in an affidavit, dated May last year. He accused the Minister of having placed him in a "toxic, poisoned work environment".

Then the Development & Opportunity Minister, Mr. Lister stood accused of pressurising the HRC into dropping a case the Commission had initially wanted to pursue.

This newspaper has obtained evidence that the HRC did make a written recommendation to Mr. Lister on December 15, 2000, that Harold Darrell's claim should go to a Board of Inquiry.

The letter to Mr. Lister, from the then chairman of the HRC, the Rev. Dr. Goodwin Smith, states: "After determining that the complaint appeared to be genuine in accordance with section 15 of the Human Rights Act 1981, the respondents (the Bank of Bermuda) were served with the particulars of the complaint and notice of the Commission's intention to investigate.

"Despite the efforts of the office of the Commission to receive a response to the allegations - at not a little cost to the office of the Commission - the respondents (the bank) have elected not to reply to the allegations set out in the statement of particulars as requested by the Commission.

"This impasse makes it impossible for the Commission to settle this matter in a timely fashion. Therefore under section 18 (1) (a) (i) of the Human Rights Act 1981, the complaint is henceforth referred to your good offices for consideration of appointment of a Board of Inquiry to inquire further into the complaint."

Just one month later, Harold Darrell received a letter from the HRC saying his action had been dismissed, as it was without merit.

During the time in between the two letters, Neville Darrell claimed in his affidavit that he had met with Mr. Lister to discuss the matter.

"The Minister stated to me that if I had personal knowledge of Mr. Darrell that I would not have placed much significance in his human rights complaint," wrote Neville Darrell.

"The Minister stated to me that there would be times during my tenure at the Human Rights Commission that I would have to 'tear down the Temple' and that on other occasions I would simply do nothing.

". . . at the conclusion of the meeting, the Minister, while playing with a rubber band in his hands, announced to me that he was not going to send the the complaint to a Board of Inquiry and that the Commission was going to dismiss it."

Mr. Lister has never spoken publicly about the Hardell case and in May last year he told The Royal Gazette: "I'm not prepared to comment on Hardell in one way or another. It will probably be out there for some time yet and I will still never comment."

Harold Darrell intimated in a letter to Senators, dated June 6 last year, that he believed Mr. Lister had wanted to "get even" with him because of a past dispute between them, before Mr. Lister had become an MP and when he was conducting an audit of Hardell while working for accountancy firm Deloitte & Touche.

"Realising that he had made up his mind that I was going to do it his way or get nothing, I instructed my lawyers to take him to court," wrote Harold Darrell about the dispute.

"After being informed by someone in his office of my intention to take his firm to court because of his behaviour, Mr. Lister cut short his overseas trip and returned to the island and completed my audit report.

"While from that point on we maintained a speaking relationship, I had no doubt in my mind that he would one day seek to get even for the embarrasment I must have caused him among his staff and former employees."

Harold Darrell took legal action against the HRC, but that action was withdrawn in March this year after the Commission announced that his case would be referred to a Board of Inquiry.

A spokesperson for the Bank of Bermuda said yesterday that there was already a stay against the Board of Inquiry hearing, ordered by the Supreme Court in Harold Darrell's action against the bank on breach of confidentiality laws, before any court order in the case of the bank suing Minister Horton.

The bank's lawyer was not available for comment.