Saturday, June 9, 2012
STATE Minister for Legal Affairs Damian Gomez is “puzzled and offended” by allegations that he has misappropriated nearly a million dollars from a former client.
Denying that he owes Atain Takitota any money, Mr Gomez said while he has yet to see the writ alleging he retained $999,331 that belongs to Mr Takitota, he is both “puzzled” and “offended” by the claims.
Speaking with The Tribune yesterday, he said: “I categorically deny that I owe him any money or have received money that I have not accounted to him for, I find it amazing that it could even be suggested.
“Whatever I have received from the government I have accounted to him, I have paid over to him what was due to him and paid other persons on his instructions and in accordance with the agreement we had, I paid myself – I am somewhat puzzled by this allegation.”
Atain Takitota, a Japanese expatriate who successfully sued the Government of the Bahamas for being falsely imprisoned for eight years, is now suing Minister of State for Legal Affair Damien Gomez, who he claims without his permission has retained $999,331 that belongs to him.
According to the writ filed in the Supreme Court last week, Mr Takitota is claiming that while acting on his behalf in a private capacity Mr Gomez collected some $1,516,302 that was awarded to him by the Supreme Court, the Court of Appeal and the Privy Council.
However, Mr Takitota claims he only received two payments totalling $517,000 from Mr Gomez.
Further, he is also alleging that he is owed $600,000 from the Legal Affairs Minister, who received cheques from Treasurer Eugenia Cartwright on his behalf.
Describing the allegations as “frivolous”, Mr Gomez said he is not taking the claims lightly and will be dealing with the various allegations.
Opposition Leader Hubert Minnis said the FNM will be looking into the matter and monitoring any progress.
Dr Minnis said: "We have to monitor the situation and do our investigations, when we have done that, then we'll move forward with the next step."
In addition, Mr Takitota is claiming Mr Gomez did not charge him a “fair and reasonable” fee for legal services and that he retained $500,000 for services rendered without his permission.
Takitota is seeking a Mareva injunction or freezing order from the court to prevent any movement of the funds.
Arriving in the Bahamas from Osaka, Japan, in August 1992, Mr Takitota was granted permission to remain in the country for one week.
During the same month, after losing all of his money and documentation, he was arrested on Paradise Island for vagrancy and detained at Fox Hill prison until October 2000, without being charged or tried.
Once released Mr Takitota successfully sued the government and was awarded $1,000 for his unlawful detention. Following an appeal to the Court of Appeal in 2006 and the Privy Council in 2009, it was determined that his compensation was insufficient and the Court of Appeal was ordered to increase the amount to reflect his eight years in prison and the suffering and damage that was caused.
In 2009, the Court of Appeal increased compensatory damages to $500,000 and kept exemplary damages to $100,000. A 10 per cent interest per year on the eight years Mr Takitota spent in custody was also awarded by the court.
Comments
Concerned says...
This comment was removed by the site staff for violation of the usage agreement.
Posted 9 June 2012, 5:19 p.m.
Oracle says...
This comment was removed by the site staff for violation of the usage agreement.
Posted 9 June 2012, 8:24 p.m.
Mayaguana34 says...
Takitota will loose and hardly can give account to how or why he was imprisoned and what happened prior to his arrest - I doubt he tracked his case, understood his arrangement and has any idea as to what he was paid - Gomez charging 33% is a no brainer when the risk is all yours - your client doesnt read english and you can see the win - there will be better stories to come - this is a small taste
Posted 9 June 2012, 9:12 p.m. Suggest removal
concernedcitizen says...
if it was 1.5 million and he only got 500k ,,gomez got about 66%
Posted 10 June 2012, 9:14 a.m. Suggest removal
PKMShack says...
I agree it is criminal, but in the Bahamas he won't get chraged and face the music. I wonder if anyone in Government will press the issue and he be sent in the court room to defend himself. Our Government complain about crime and it appears in this story that he has added to the criminal element. PLP/FNM/DNA clean your closet. We need to take the example of some of these other countries when they are fed up with folks in Goverment. Protest and demand more.
Posted 10 June 2012, 2:19 a.m. Suggest removal
bobsagat says...
What surprises me the most is that the claim is just being made, considering how publicized that case was. Like in most cases, and paraphrasing the words of the former Prime Minister, in the times of plenty one must not squander. Often individuals live like kings, thinking the money should last forever but when it runs out (and it always does) finds it hard to "sweep the streets they use to owned". Realistically speaking, how far does one expect less than a million to go in The Bahamas with the cost of living and inflation. Self accountability should be the watch phase here.
Posted 10 June 2012, 3:26 a.m. Suggest removal
Concerned says...
Ok. Let me try this again and not have Tribune delete my post:
From the article and Gomez's own admission I do not see how it can be justified to charge a client $500K to receive a $1.5 million check from the government on his behalf. These actions appear very suspicious and I am concerned that if this is Gomez's apparent practice professionally that these same apparent squandering practices are carried over into the way he fulfills his political appointment.
Posted 10 June 2012, 10:22 a.m. Suggest removal
Felix says...
This is an excercise in futility and a serious act of grasping at straws. This case would have been ongoing for years and the outcome would have also been known for years. Why is it that Mr. Takitota is just coming forth with this. Also, it's curious to me that his attorney of record is Mr. Godfrey "Pro" Pinder a disbarred lawyer. It seems to me that somebody is looking for an underserved pay day. Mr. Gomez is a sensible lawyer and would have had signed agreements in place with Mr. Takitota with regard to this matter, especially since the facts are saying that he was not paid any money up front but would be paid once they were successful. This matter would have went on for years with several appeals and so the cost would have been undertaken by Mr. Gomez. It stands to reason then that the the legal bill would have been significant. It amazes me how quickly some people are to pounce on and cast judgement on everything that is said about public figures in a negative light. It is no wonder we get the garbage that we do in politics, because intelligent right thinking people would not subject themselves to this nonsense. I smell a rat on Mr. Takitota's end especially since this is just coming forth several years after the case would have concluded and given the fact that he does not have a lawyer that is in goodstanding with the Bahamas Bar. I make no brief for Mr. Gomez, as a matter of fact I am a supporter of the FNM but we must see things for what they are!
Posted 10 June 2012, 10:28 a.m. Suggest removal
Oracle says...
Felix...the point is... in law as advocate of law, lawyers have to learn how to be equitable....the settlement wasnot equitable...hence the request that the courts intrevene and assign REASONABLE Billing...this is an injustice and show the sickness in the legal system when the victim's attorney receives more for the VICTIM'S SUFFERING than the victim...I thank God for a God who doent sleep or slumber and who promises to seek vengenance on the unjust regardless of WHO you are or how well learnt one is.....wrong is wrong..."I'm for truth, no matter who tells it. I'm for justice, no matter who it's for or against. " Malcolm X
Posted 10 June 2012, 10:42 p.m. Suggest removal
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