Court rejects Harold Darrell's discrimination case
The latest legal wranglings between 'Son of the Soil' Harold Darrell and the Bank of Bermuda ended yesterday with the Supreme Court rejecting an appeal by Mr. Darrell.
The appeal stemmed from a human rights complaint Mr. Darrell issued against the Bank and its former chief executive officer in 2000. In that matter, Mr. Darrell alleged he was racially discriminated against by Bank directors because they did not personally address his confidentiality breach allegation.
A tribunal was held but dismissed Mr. Darrell's claim against the former chief executive officer and Board of Directors of the Bank of Bermuda in 2006.
In January of this year Mr. Darrell appealed the Board of Inquiry's decision that the Bank was not a party or respondent in the case and that the complaint was against the Bank's CEOand Board of Directors.
However, Puisne Judge Norma-Wade Miller said yesterday the appeal was made two years and four months after the initial ruling and nine months after the written ruling outside the 28 day time frame given to make such an appeal.
She said:"There is no acceptable explanation for the delay put before this court by [Mr. Darrell]. The Board of Inquiry made a ruling on September 21, 2005 and the record is replete with opportunities given to [Mr. Darrell] by the Board to challenge the decision.
"The Court does not understand the approach that was taken in this matter. It is elementary that when a decision is given if it is being challenged the right of appeal to challenge should be preserved within the time frame given to do so. In this instance, within 28 days after the decision was given.
"In this case [Mr. Darrell] did not comply with a clear time limit of 28 days. The delay in this matter is substantial and to extend time would cause significant prejudice to the Respondents.
"The Court can find no good or acceptable reason to extend the time.
"Previously, in a separate legal matter, Mr. Darrell filed a lawsuit against the Bank alleging he was the victim of a confidentiality breach by a Bank of Bermuda officer which hindered his business. However, he abandoned this claim in 2005 and admitted to owing the Bank at least $640,000 in unpaid loans.
At the time Chief Justice Richard Ground decided Mr. Darrell owed the Bank a total of $1.55 million. Mr. Darrell launched an appeal, arguing that the Chief Justice entered the judgment for too much money in 2005.
He won the appeal in March this year and told the courts he had already paid the Bank $644,000.
The case was slated to go back to Supreme Court to decide exactly what Mr. Darrell owes the Bank.
But in July 2008 the Bank said it had discontinued its counterclaim in the civil action brought by Mr. Darrell because it has received $640,000 from Mr. Darrell with another $270,000 to be collected in costs against Mr. Darrell for bringing and then abandoning his action.Mr. Darrell, also known as "Son of the Soil" shot to fame prior to the 2007 election after leaking to the media portions of a Police dossier centring on allegations of corruption at the Bermuda Housing Corporation.
The corporate secretary for the Bank of Bermuda's Board of Directors said they were pleased with the rulings and added that it brought an end to the Director's dealings with Mr. Darrell.
