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'This is a public lynching'

Julian Hall

Julian Hall called the case that alleges he stole half a million dollars from a mentally ill client nothing more than a public lynching in slow motion.

But Crown counsel Kulandra Ratneser said a sane person would never have given a man with spiralling debts like Hall's a half million dollar short-term loan - as Hall had claimed.

"No man, woman or child if they are sensible would give a man who is bankrupt and who is desperate for money, half a million dollars."

The pair were speaking during closing arguments yesterday in the Supreme Court.

Julian Ernest Sinclair Phillip Hall, 55, of Southampton is charged with five counts of stealing a total of $551,044 from Betty Lorraine McMahon between 1995 and 1996.

The case is being tried before Chief Justice Richard Ground. Consultant counsel to Department of Public Prosecution's office Kulandra Ratneser is representing the Crown. "I am not supposed to have survived this, but I did," said Hall.

"Thank God for my spirit. Without that spirit my daughters wouldn't have a live father today."

After taking a break because he felt unwell Hall continued. "There have been racial overtones and racial undertones. The concept of a black lawyer representing a wealthy lady like Mrs. McMahon right up until the 1980s was virtually unheard of."

He accused Mrs. McMahon's older daughter, Francine Ryan, of using racial slurs against him in conversation with Mrs. McMahon's paid companion.

Hall said that the case had brought "hurricane force winds" into his life.

"The case results from a perfect storm of racial bigotry, prejudice, professional competitiveness, jealously, political machinations and investigative incompetence," he said.

Hall likened himself to the character of Cassius in William Shakespeare's play, 'Julius Caesar'."I have a lean and hungry look and I think a lot," said Hall. "I came back to Bermuda determined to succeed and determined to make changes in the community. I request no praise or adulation, simply respect."

Hall said that the Crown's case had changed since Mr. Ratneser's opening remarks.

He was referring to statements made by Mr. Ratneser that Hall was in cahoots with Mrs. McMahon's younger, drug addicted daughter Bettina McMahon.

"If they are saying I was part of a conspiracy then say it up front," said Hall.

Hall also said the Crown's case was weak because they couldn't establish where payments from Hall's Woodley account at the Bermuda Commercial Bank went, because of a faulty microfilm machine at the bank.

"You are being asked to believe that a lady like Mrs. McMahon would never give financial support to a back-of-town lawyer like me," said Hall.

Hall said he has admitted to using $288,000 of Mrs. McMahon's money to pay back his debts, but he said he had the right to do that. Hall had said in earlier testimony that Mrs. McMahon made him a short-term loan. He said there was no promissory note, because it was a private arrangement between the two of them.

In his closing arguments Mr. Ratneser said a sane person would never have given a man with spiralling debts like Hall's, a half million dollar short-term loan. "No man, woman or child if they are sensible would give a man who is bankrupt and who is desperate for money, half a million dollars," said Mr. Ratneser. "If you believe that is what happened, please acquit Julian Hall."

Mr. Ratneser said basic honesty and dishonesty were at the heart of the case against Hall.

"The role that Bettina McMahon played is extremely important," said Mr. Ratneser. In every document there is the ugly hand of a person forcing this lady to sign documents."

Mr. Ratneser suggested that Hall had been acting as Bettina's lawyer when getting Mrs. McMahon to sign the power of attorney over to him.

"Bettina wanted money and his answer was yes," said Mr. Ratneser. "She was anxious for money to feed her drug habit. Mrs. McMahon was Swiss cheese in her (Bettina's) hands, to use my learned friend's words."

In earlier testimony Dr. Thomas Tennant who was then chief medical officer at St. Brendan's Hospital told the court that Mrs. McMahon suffered from mood depressive disorder.

"Here was a lady who was crying out in the wilderness for help," said Mr. Ratneser. "What chance did the lady have? She is a lady capable of being pressured. She is likely to sign any document that anyone is likely to place before her. That is corroborated by Dr. Tennant."

Mr. Ratneser said the court documents that Hall had produced were "not worth the paper on which they are printed".

"This lady must have given up," said Mr. Ratneser. "She spoke to her lawyer John Campbell and said she didn't want Julian Hall as her lawyer. She spoke to Dr. Tennant and said she didn't want Julian Hall as her lawyer. Dr. Tennant walked away. John Campbell walked away with the result that nothing was done."

He asked the jury to ignore the fact that it had taken the case nine years to come to the Supreme Court. "These things happen," he said. "Investigations are delayed for a number of reasons, not always known to the jury."

During his arguments Hall thanked his legal assistants, lawyer Kim Wilson and law student Charles Richardson who will soon be called to the bar.

Mr. Ratneser was being helped by Crown counsel Carrington Mahoney, Crown counsel Wayne Caines and law student, Nicole Smith.

The case began on March 10, and closing arguments finished yesterday. Tomorrow, Chief Justice Richard Ground will instruct the jury, and the jury is expected to go for a verdict on Friday.