Saul Froomkin called `out of order' over speech
changes to the Fatal Injuries (Actions for Damages) Act of 1949 during a Rotary speech this week, chairman of Government's Law Reform Committee charged yesterday.
Mr. Peter J.C. Smith, who is a Hamilton Rotarian, said the lawyer was well aware of the proper procedure for a bid to change Bermuda's laws.
"I found myself becoming more and more angry as I listened to what Mr.
Froomkin was saying (to Hamilton Rotarians on Tuesday), until I realised it was just water coming out of the parish pump,'' Mr. Smith said.
Mr. Froomkin claimed in his speech that under current law it is "cheaper to kill then merely maim'' because the amount that can be claimed in the event of the death of someone with no financial dependents is limited to an "insulting'' $7,500.
He said the "tragic deaths'' of four-year-old Justin Fisher and Wendy Wilkinson (who has no children) in hospital, and the alleged killing of German tourist Antya Herkommer (who is unmarried with no children) in Dockyard "demonstrated a crying need for immediate law reform''.
He also said it was time for Bermuda to stop "blindly following'' British law.
Mr. Smith admitted $7,500 was "on the low side'' for bereavement compensation.
But he said the Act would have to be looked at "very carefully'' before being changed "because there are other factors to consider which Mr. Froomkin failed to mention''.
"For example, how will upping the award affect insurance premiums and businesses?'' he asked.
Mr. Smith said he had written an article in the Bermuda Bar Review's magazine reminding lawyers and others of the correct procedure for requesting changes to the current law.
"I stated that if any lawyer thinks the law ought to be changed he should write a letter to the Minister of Legislative Affairs stating what the law is, why it is unsatisfactory and what changes are being suggested,'' Mr. Smith said.
He said the Minister would then give the letter to the Law Reform Committee whose members in turn would select lawyers with expertise in the particular branch of law as well as other concerned parties to examine the suggestions being made.
If the proposed changes are approved of, then the Law Reform Committee would draft the legislation and send it to Cabinet for a final decision, he said.
Mr. Smith said he did not agree with Mr. Froomkin's suggestion of awarding punitive or exemplary damages on top of bereavement compensation to family members.
"It is highly undesirable to mix the two,'' he said. "Moreover, if the civil courts start giving out punitive damages, it is likely to cause a great increase of insurance premiums and may have the effect of putting small operations out of business.
"One must remember it is ultimately the general public who in most cases pays for compensation for negligence through the insurance industry.'' Commenting on Mr. Froomkin's statement it is "cheaper to kill than merely maim'', Mr. Smith said: "If a person is maimed they may have to live with a financial burden for the rest of their life, whereas if someone is dead the relatives suffer from grief which is very difficult to quantify in monetary terms.'' Mr. Smith said a document had been prepared on the subject by the Bar Council, however, it had "fallen by the wayside.'' Mr. Froomkin's speech came on the heals of a call by the parents of Justin Fisher, Mr. and Mrs. Eddie Fisher, for the Premier the Hon. Sir John Swan to "urgently'' review the Act.
