Minister denies lawsuit claims

Mon, Jun 11th 2012, 09:49 AM

Minister of State for Legal Affairs Damian Gomez is denying allegations that he owes a former client nearly $1 million.
Gomez, who was sued by Japanese expatriate Atain Takitota last week, said he plans to take legal action in response to the claims he labeled 'false'.
Takitota, who gained international attention after successfully suing the Government of The Bahamas for false imprisonment for eight years, claimed that Gomez has yet to turn over $999,331 he allegedly collected on his behalf.
"Damian Gomez has accounted for what was received on behalf of Mr. Takitota and what has been disbursed at his instruction," said a statement released by Gomez over the weekend.
"No monies are owed to Mr. Takitota by Damian Gomez, Chilcott Chambers or Deal & Gomez. In due course, our attorneys will rigorously defend this most frivolous of claims."
Takitota is also suing John Z. Deal, who is Gomez's former law partner.
He alleged that Deal and Gomez claimed approximately $500,000 of his money for legal fees without his permission.
Takitota further claims that Gomez did not charge him a "fair and reasonable" fee for his legal services, but he is asking the court to order Gomez to do so.
Takitota claims that acting on his behalf, Gomez collected approximately $1,516,302 he says was awarded to him by the Supreme Court, the Court of Appeal and the Privy Council.
However, Takitota claimed that he has only received $517,000 from Gomez -- one payment of $312,000 in January 2007 and another payment of $205,000 in July 2011.
He is also asking the court for a Mareva injunction, which would trace where his money went, and an injunction to prevent it from being controlled by whoever has it.
Gomez also released numerous supporting documents detailing what he claims was collected on Takitota's behalf and what was released to him.
However, as the matter is still before the courts, The Nassau Guardian cannot publish the contents of those documents unless they are introduced as evidence in the case.
The attorney general, the minister of national security, the director of immigration and the treasurer are also being sued in their official capacities.
Takitota initially arrived from Osaka, Japan, in August 1992, and was granted permission to remain in the country for one week.
However, he said he quickly lost all of his money and documents.
He was arrested for vagrancy on Paradise Island that same month and was detained at Her Majesty's Prisons until October 2000, without being charged or tried.
Takitota sued the government shortly after his release and was awarded $1,000 in the Supreme Court for his unlawful detention.
In 2006, the Court of Appeal awarded Takitota $400,000 in compensatory damages and another $100,000 in exemplary damages plus costs.
The Privy Council determined in 2009 that Takitota's compensation was insufficient and ordered the Court of Appeal to increase the award to reflect an amount that sufficiently covered the eight years he was in prison and the "inhumane conditions and the misery and distress" he suffered.
In June 2009, the Court of Appeal increased the amount of compensatory damages to $500,000 and kept the amount of exemplary damages at $100,000.
In addition, the court also ordered that Takitota be paid 10 percent interest per year on those awards for the eight years he spent in custody.
Takitota is being represented by attorney Godfrey 'Pro' Pinder.

Click here to read more at The Nassau Guardian

 Sponsored Ads