Thyssen lawyers level $15m threat -- Governor and Premier could find themselves target of lawsuit
The Bermuda Government could be sued for at least $15 million after the judge in the billion-dollar Thyssen court case resigned on Tuesday.
On the list of those who would be sued by the parties involved are Premier Jennifer Smith and Governor Thorold Masefield.
On Tuesday Justice Denis Mitchell quit the epic Bermuda Supreme Court trial, which has cost an estimated $100 million to date.
The lawyers representing the Baron Hans Heinrich Thyssen-Bornemisza met on Wednesday with officials from the Governor's office to find out what was happening with the stalled case.
The Royal Gazette understands that at this meeting the possibility of legal action was discussed, with the figure of $15 million proposed as the amount that would be claimed.
Also named at this meeting were the Premier, the Governor, Mr. Mitchell and other Government officials, all possible targets for lawsuits.
If the amount is claimed by the aggrieved lawyers, it will represent $1 million for every month the trail has been in the Supreme Court in Hamilton.
Tim Gurney, Deputy Governor, said: "All the parties asked to meet the Governor, and he saw them yesterday. There was a discussion about how quickly a successor to Mr. Mitchell could be identified.'' When asked if the possibility of the Government being sued had come up during the meeting, Mr. Gurney would not be drawn, stating only: "No, it wasn't discussed in detail.'' When Mr. Mitchell quit on Tuesday it threw the complex legal court case into disarray and left 32 lawyers in limbo, without a judge to hear the case.
Bermuda authorities could face huge legal bills for tens of millions of dollars, according to a statement issued on behalf of millionaire the Baron, who has been suing his eldest son over a fortune worth an estimated $2.7 billion in Bermuda.
A statement issued on behalf of the Baron Thyssen said: "The Bermuda authorities are... exposed to a substantial compensation claim by the Baron, and, if they chose to make it, the other parties as a result of the departure of the judge.'' Lawyers for Heini Junior or Georg the Baron's son, said the judge's resignation reflected badly on Bermuda.
On Wednesday The Royal Gazette revealed that the judge had been asking for $1,500 a day to stay on, plus a settlement fee of $100,000. But the Governor rejected the proposal and did not extend Mr. Justice Mitchell's three-year contract, which ends at the end of November, 2001.
A decision on what will happen about appointing a new judge is unlikely to be looked at before Easter, as Chief Justice Austin Ward, the man who would make any further decisions on the case, has gone on holiday.
Lawsuit could cost Island $15m When he comes back, the courts are expected to break for Easter. If and when a new judge is found it could take months for him/her to be brought up to speed with the intricate technical details of the case.
So far, local and English lawyers working on the case around the clock for a year and a half, plus two years of legal wrangles before it even got to court.
David Kessaram, managing partner at Cox Hallett and Wilkinson who represents the 49-year-old son, said: "Regardless of the reasons why the trial has come to an end, there is a danger that Bermuda's ability to provide a satisfactory mechanism for the resolution of disputes will be questioned. That is something we should all take very seriously.''
