Sun | Nov 18, 2018

Supreme Court case against attorney struck out

Published:Saturday | January 30, 2016 | 3:44 PM

A claim filed in the Supreme Court against attorney-at-law Don Foote to compel him to handover $12.6 million to the trustees of a minor has been struck out because the wrong procedure was used to bring the claim.

Foote is facing charges of fraudulent conversion arising from the alleged nonpayment of the funds.

When the matter came up for hearing this week, Foote's lawyer, Queen's Counsel Douglas Leys raised a preliminary objection that the claim was an abuse of the process of the court and should not be entertained.

Leys further argued that the proper method of dealing with the question of administration by the trust was by fixed date claim form under the Civil Procedure Rules.

Attorney-at-law Janene Laing, who represents Sabrena Dias, the claimant and cousin of the minor Akeem Evans, argued that the rules were not a bar to bringing the application in its present form.

She said the court must act to protect the minor based on the justice of the situation.

However, Justice Sonia Bertram Linton upheld the submission from Leys and pointed out that the application before her was seeking substantial variation to the Supreme Court order of 2013.

She found that the incorrect procedure was used, therefore the applicant had to start afresh.

The judge said she would not comment about the strength of the application or the assertions.

Foote told The Gleaner/Power 106 News Centre that he has a manager's cheque for $12.6 million which was obtained from the bank on the day he was arrested and charged on May 14 last year.

He said his trial is set for May 10, 11 and 12 and the cheque will be used as an exhibit in his case.