him -- for now.

The lawsuits must wait until it is decided whether to prosecute Mr. Todd for alleged shady loan deals.

If the prosecution goes ahead, then it must be completed before the suits can proceed.

That was the ruling yesterday of the Court of Appeal.

It overturns an earlier Supreme Court decision giving the civil actions precedence over any criminal case.

Mr. Todd, ex-personal banking manager at the Bank of Bermuda, faces two lawsuits by bank customers.

One is from Mr. Derrick Burgess and the other from Mr. Merkell Smith. It is understood they relate to alleged non-payment of loans.

Yesterday lawyer Mr. John Riihiluoma, for Mr. Todd, successfully sought leave to appeal the Supreme Court decision.

Mr. Riihiluoma said his client had held a position at the Bank of Bermuda's credit department.

In December, 1990, an investigation was started into alleged irregular lending practices by Mr. Todd.

Mr. Riihiluoma said the probe had been going on for 31 months, and he understood it was nearing an end.

He added Police had recently interviewed Mr. Todd.

"If it does lead to criminal charges we are going to see one of the longest and most complex white collar crimes Bermuda has ever seen.'' Mr. Riihiluoma argued under common law a civil claim should be suspended until the prosecution of a felony.

He accepted, however, the law, abolished in England in 1967, needed reviewing in Bermuda.

Mr. Jai Pachai, for the respondents, said the prosecution or non-prosecution of an offence had nothing to do with a civil remedy.

He later told The Royal Gazette : "Of course if there is no prosecution against Mr. Todd then the civil suits can proceed immediately.'' The three appeal judges ruled: "With great reluctance we feel obliged to come to the conclusion that the right of action is suspended until the decision is reached about prosecution.'' They said they would provide a written ruling in due course. No order was made for costs.

Last year a court ruled $3 million of Mr. Todd's assets must stay frozen. The bank had asked for $6 million to be frozen in case he moved it overseas.