Claims an `obsene' amount of money wasted on epic trial Bermuda authorities could face huge legal bills for tens of millions of dollars after the judge hearing the epic legal battle for the Thyssen family fortune quit yesterday from the Supreme Court trial.

This is according to a statement issued on behalf of millionaire Baron Hans Heinrich Thyssen-Bornemisza who has been suing his eldest son over a fortune worth an estimated $2.7 billion in Bermuda.

So far the Supreme Court case has cost an estimated $100 million and has had a team of 32 local and English lawyers working for a year and a half -- plus two years of legal wrangles before it even got to court.

Justice Denis Mitchell quit the case after the Governor Thorold Masefield declined to renew his three-year contract after demands for more money were made by the judge.

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.'' Tim Gurney, Deputy Governor, when asked about the possibility of legal action, said: "It's purely hypothetical. We would have to look at it if and when it happens.'' Mr. Gurney said he wasn't qualified enough to say whether the case would have to be retried.

He said: "It's very regrettable this has taken place. We recognise the amount of money, time and effort that has gone into it.

"Whether that means the trial would restart, that's up to the Chief Justice and the incoming judge to determine with the parties.'' `To be blunt I have had enough' "You don't expect a case to last three years or more. How many cases last that long?'' The lawyers for Heini Junior or Georg the Baron's son, said that the judge's decision to quit reflected badly on Bermuda.

David Kessaram, managing partner at Cox Hallett and Wilkinson who represent 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.'' Jeremy Kosky of Clifford Chance who is working for the Baron's son added: "I am sure that Bermuda will want to reflect deeply on the costs which have been lost unfairly by the parties, before making any announcement as to a suitable replacement for Mr. Justice Mitchell.'' Mr. Mitchell said yesterday he was quitting the case, stating he had been under considerable strain both physically and mentally and blamed the Governor for not seeking a resolution to the problem and for not finding another judge for the case.

While announcing he was withdrawing Mr. Mitchell said to the court: "To be blunt I have had enough.'' In a frank half-hour speech, Mr. Mitchell described a "deep sense of anger'' at a sequence of events which has led him to withdraw from the case.

He said he had been in negotiations with the Governor, but his proposals for a new contract had been rejected and he was told his contract would not be renewed and was given no reason for this.

He apologised to the Baron, his son and the other parties involved, stating: "To them the whole affair must be beyond comprehension.

"I was born and brought up in Scotland and taught a proper respect for money.

It was not to be wasted. The amount of money which must have been wasted in this case is positively obscene. A judge's job is about fairness. In my view the parties in this case have not been treated fairly.'' The Baron, now 80 years old, signed over the family business (and fortune) to a continuity trust created in 1983 which immediately made his son Georg, the principal beneficiary.

He is claiming in court the trust and his son owe him $232 million in arrears with inflation and loss of value, and wants to wrest back control of the empire.

The trial originally started in October 1999, after two years of legal wrangles over what evidence could and could not be submitted.

The trial had been stopped for legal clarifications for over six months, and is still on the opening statements, which resumed in January. The opening statements for the Baron's lawyers took 15 months to complete.

There are 121,959 documents entered into evidence so far in the case and an average of 600 pages of transcripts a week from the case.

Sources at the Governor's office said Justice Mitchell's contract is not being renewed in November because he wanted to be paid a daily rate to complete the trial when his three-year contract ended on November 30.

In court, Mr. Mitchell said he had been "seriously misled'' about the original terms of his contract adding: "I believed and still believe, that I was brought here under misleading circumstances.'' Mr. Mitchell said in court he went to the Governor in December to alert him to the possible danger of the court case going over his three-year contract.

He added: "He knew, given my discontent with the dishonouring of my current contract that it could not possibly be expected that I would simply renew it.

I have never had any intention of staying here beyond my current contract.''