`Vexatious' litigant runs out of steam
Just weeks after a judge ruled he was a "vexatious litigant'', Santo Alex Porpiglia has had a court case turned back by a Magistrate.
During yesterday morning's plea court session, Acting Senior Magistrate Edward King told Mr. Porpiglia: "Matter over! Nothing I can do for you because my hands are tied.
"I gave you the opportunity to blow your steam but your boiler has now been shut down,'' he added.
Mr. King was turning back criminal charges laid by Mr. Porpiglia against lawyers Justin Williams, of Cox Hallett Wilkinson, and Wilhelm Bourne, acting as counsel for the Attorney General's Chambers.
Mr. King said he could go no further due to an order by Assistant Justice Charles-Etta Simmons of June 12 in which she ordered that any proceedings by Mr. Porpiglia could not be conducted without leave of the Supreme Court.
Mrs. Justice Simmons also ruled that any current proceedings by Mr. Porpiglia could not continue without the high court's approval.
In May, Attorney General (AG) Dame Lois Brown Evans filed a writ against him in response to complaints by Supreme Court Registry staffers that he had become a "nuisance''.
Mr. Porpiglia has been filing suits since 1996 against the Bermuda Building Society, a former mortgage finance company.
It had sold a property in St. George's that he had failed to make his mortgage payments on.
He has also tried to sue the realtor who handled the sale, Shaun Pedro, and the lawyer who handled the legal aspects of the sale, Christopher LaVigne.
Law firm Conyers Dill and Pearman, which was also involved in the sale, have also been caught up in his web.
`Vexatious' litigant out of steam In the charge handed to Mr. King, Mr. Porpiglia alleged Mr. Williams and Mr.
Bourne introduced themselves to Mrs. Justice Simmons and asked her to "adjourn three summonses on a date to be heard''.
He also alleged the lawyers failed to disclose to him and the judge that the summons had not been served on him and that they were not a party to the matter.
Thirdly, Mr. Porpiglia -- an Italian restaurateur who came here in 1980 -- alleged that what the men did "amounted to obstruction (prevent, pervert or defeat) the course of justice''.
The lawyers' alleged actions were claimed to be in contravention of section 134 of the Criminal Code.
Mr. Porpiglia told Mr. King the lawyers "representing the bank'' walked into a case he had against a Michael Montgomery and "declared the AG was going to declare me a vexatious litigant''.
"They had no right to interfere at that time,'' he continued. "How? There is more evidence that the application by the AG was not lawful application in the Supreme Court.
"On top of that, they brought it under the Vexatious Litigant Act of 1762, which was repealed in 1973. It's very sloppy work. They put my name all over the paper and they don't even realise the law does not even exist.'' He added: "I've been waiting two months. They put it in the papers but they never even served me the right way.
"The only thing I ask you to do is order these gentlemen to do it right so that I can have it in the Supreme Court.
"I've been forced to show my hand,'' Mr. Porpiglia concluded with a shrug.
Once Mr. King found the ruling by Mrs. Justice Simmons, which bound lower courts not to hear Mr. Porpiglia, he said: "This action by you has been brought to an abrupt halt. Stopped dead in its tracks! "You can't bring any other matters unless you go back up to the Supreme Court,'' he added.
Earlier, Mr. King told Mr. Porpiglia he would have to "speak up'' despite the man's concerns about his privacy.
"No, no! This is a public place, sir,'' Mr. King said. "You'll have to speak up because this is open court. In fact, this is the most public and open place you can be.''