Law firm defends Deputy PM in claim over $10m estate

By KHRISNA VIRGIL

Tribune Staff Reporter

kvirgil@tribunemedia.net

A LAWYER in the firm Davis & Co yesterday defended the actions of Deputy Prime Minister Philip “Brave” Davis while in private practice following published reports in The Miami Herald that a Cuban woman has raised concerns about a financial transaction over the reported $10 million estate of her deceased expatriate husband who lived in the Bahamas.

Philip McKenzie, a partner at Davis & Co, told The Tribune that while he was unsure of the value of the assets in question, he could say that at the time the estate was settled, Kenia Batista Mir was pleased with what she was awarded and was assured of the terms by her “good” Freeport attorney Carlson Shurland.

On Sunday, The Miami Herald published reports that Ms Mir, who lived in the Bahamas with her German husband Franz Kohlrautz, claimed that out of the $10 million estate left to her, she only received $70,000. In addition, The Herald said an attorney working on behalf on Ms Mir was trying to figure out how Mr Kohlrautz’s home in a neighbourhood of residences reportedly worth $2 million to $3 million was sold for only $200,000. The Miami Herald points to documents that allege that the home was bought by a company of which Mr Davis was president.

The Miami Herald said Ms Mir speaks very little English and needed a translator to keep her informed throughout the probate phase.

Attempts were made to contact Mr Davis as well as Mr Shurland, but up to press time neither could be reached.

“Our role was limited in this and I can say that I only became involved with assisting in the matter afterwards so I am not well aware of the value of the assets or exactly what they were,” Mr McKenzie said.

“But I do know that if it were me that had an issue with the way things were handled, I would utilise the court system. If she can reach out to The Miami Herald, then surely she can use the courts if she has a problem.”

The Herald said a complaint was filed with the Bahamas Bar Association in 2012 and that correspondence was sent to the Queen of England as the head of state in the Bahamas over the issue.

Attempts to reach an official from the Bar Association for comment were unsuccessful.

According to legal documentation from the probate of the assets filed on August 8, 2011 obtained by this newspaper, Mr Kohlrautz named Mr Davis “of Ocean Drive, Westridge Nassau” as the executor and trustee of his will. The documents said Mr Davis was to pay all of Mr Kohlrautz’s funeral and testamentary expenses and that his body was to be cremated within four days of his death.

Mr Kohlrautz went on to say that nothing was to be left to his son. However, he said his wife Kenia Batista Mir was to receive his home at Golden Point Road, Lucaya Freeport. The property consists of five lots, the documents said.

Ms Mir was also to receive Mr Kohlrautz’s bank account at the Royal Bank of Canada and the contents of two safety deposit boxes.

Mr Kohlrautz further ordered that the executor of the will,  Mr Davis, was to receive $500,000 and sequester various properties in Grand Bahama that he said were stolen from his possession.

Ms Mir told the Miami Herald that she met Mr Kohlrautz in 2005 as a 25-year-old waitress at El Chevere, a Havana club. At the time, he was 75 and taking salsa lessons at the club. Mr Kohlrautz was born in Germany and made millions of dollars from mining and lived in Freeport, Grand Bahama.

In 2006, his widow went to Grand Bahama where they both resided at his five-bedroom, six-bathroom home complete with a tennis court. She said they had two Mercedes-Benz cars and a boat docked in the canal at the back of the home.  Later, in 2009, the two married.

Comments

ThisIsOurs says...

*"he could say that at the time the estate was settled, Kenia Batista Mir was pleased with what she was awarded *"

Whether she was "pleased" or not is **IRRELEVANT**, your fiduciary responsibility as **TRUSTEE** is to **assure** that she gets the **BEST** settlement possible. Your job is to look after the interest of your **client**. If the allegations are true, that a 2million dollar property was sold off to a company that Brave Davis owned, was part owner in or had any financial interest in, this is serious. He was engaged in "good faith" by Kohlrautz to ensure that his wishes were followed through to the best advantage of his heirs. If this is true, he not only did not do that, he went further and in fact placed his own interest over that of his client. what does the bar association have to say indeed.

Does this raise any concern for other wealthy property owners regarding the after care of their dependents?

Posted 29 July 2014, 12:23 p.m. Suggest removal

ThisIsOurs says...

You've missed the point too. Her character good or bad is irrelevant. Davis was hired to act in her best interest

Posted 29 July 2014, 4:29 p.m. Suggest removal

concernedcitizen says...

You have real issues w/ women little man

Posted 29 July 2014, 7:57 p.m. Suggest removal

ThisIsOurs says...

*And that's all I have to say about that*

Posted 29 July 2014, 9:42 p.m. Suggest removal

proudloudandfnm says...

Yeah that part got me too ThisisOurs.. How could Brave have bought the house hundreds of thousands less than it was worth then wanna tell us he did nothing wrong? Looks to me like Brave stole that woman's house....

Posted 29 July 2014, 1:50 p.m. Suggest removal

Guy says...

More like MILLIONS less than what it was worth! This wreaks to high hell...and the sad reality is absolutely nothing will come out of it. The Bar Association picks and chooses who it sanctions.....

Posted 29 July 2014, 1:58 p.m. Suggest removal

SP says...

Another page in the ongoing saga of pirate # 3 AKA Brave Davis.

Posted 29 July 2014, 2:07 p.m. Suggest removal

realfreethinker says...

Corrupt to the core.

Posted 29 July 2014, 4:16 p.m. Suggest removal

BSObserver says...

An attorney that purchases ANY asset at under-market price from an estate for which they are acting as executor and trustee is involved in a serious breach of ethics at the very least.

This is a serious matter and attacks against the rightful beneficiaries cannot change that.

Mr. Davis must answer this, and no amount of misleading rhetoric by Mr McKenzie can cover it up.

Listen up Bahamians, Phillip Davis is the DPM of this country and undoubtedly has aspirations to be it's PM. This cannot be simply swept under the carpet.

Posted 29 July 2014, 2:13 p.m. Suggest removal

Well_mudda_take_sic says...

Time and time again we have heard that this pudgy fella Davis has little grubby sticky fingers. No mentally competent person would appoint Davis as executor and trustee of their estate. That said, the Bahamas Bar should conduct a thorough investigation of this matter as it does seem Davis could well be guilty of material breach of fiduciary duty motivated by unjust self-enrichment. The litany of unscrupulous corrupt matters to which Davis and his firm is linked should be of concern to every Bahamian and Haitian....but don't worry, pudgy Davis will never be PM in the same way that the sun will never again rise from this day forward.

Posted 29 July 2014, 3:31 p.m. Suggest removal

Publius says...

Dont stop now Tribune, go right down the road to the Courts and pull the files on the case the Weissfisch brothers had against Brave Davis that Davis asked the courts to seal before the 2012 General Election so that the country couldn't know what was going on ahead of election. The case was dealt with from around November of 2012.

Posted 29 July 2014, 3:51 p.m. Suggest removal

ThisIsOurs says...

Wow again

Posted 29 July 2014, 4:36 p.m. Suggest removal

GrassRoot says...

Bahamian lawyers' business model. I am baffled that the clean guys and gals in the Bar Association to make any noise.

Posted 30 July 2014, 12:16 p.m. Suggest removal

Honestman says...

Seems that Philip Davis and the PLP are a perfect fit.

Posted 29 July 2014, 4:39 p.m. Suggest removal

birdiestrachan says...

A twenty five year old married to a 75 year old. and his son gets nothing. interesting . The house must have been sold for what they could get. unless it may still be on the Market. What happened to the boat and the cars? I am sure her lawyer will do the best he can for her. It seems he went to the Media , Instead of the courts first. Like they say it is good work if you can get it and she did get it.

Posted 29 July 2014, 5:20 p.m. Suggest removal

ThisIsOurs says...

It's called a will birdie

Posted 29 July 2014, 9:42 p.m. Suggest removal

birdiestrachan says...

This newspaper report does not tell us when did Franz Kohlrautz die . they met in 2005 they were married in 2009. When he died is not mentioned. I do hope she has not Placed her money in the wind and it is all gone, and she does not know where., They say "Easy come Easy go>"

Posted 29 July 2014, 5:34 p.m. Suggest removal

concernedcitizen says...

still sitting on mommas couch talking hard little man ,,that beating when they threw you from the car didn,t keep you quiet ,,oh yeah you sit on your couch and hate women

Posted 29 July 2014, 8:02 p.m. Suggest removal

ThisIsOurs says...

That's really funny:) I literally just wondered if you and birdie were the same person. I truly apologize for the tremendous insult if you're not. As much as you rail and carry on, I can find nothing more annoying than the absolute stupidity of some of birdies comments and I consider myself very very very patient and tolerant. Their strategy is an almost foolproof approach to frustrating people...would have had to have been put together by either an absolute genius or a complete fool

Posted 30 July 2014, 7:16 a.m. Suggest removal

ThisIsOurs says...

No it mentions nothing about when he died, it only alleges after he died one of his assets was funneled to the executor. I suppose that's the kind of thing you'd learn to pick up in a Comprehension class.

Posted 29 July 2014, 9:46 p.m. Suggest removal

ThisIsOurs says...

That's the kind of thing called skipping koolaid and going straight to the lighter fluid

Posted 29 July 2014, 10:47 p.m. Suggest removal

ThisIsOurs says...

"if the allegations are true". My first response when I was told about the story on Monday was, "can any of this be proven?". I'm waiting for the bar association, the tribune, the guardian to investigate and report whether the allegations are true. I am however extremely troubled by the firm spokesman's response "*she was satisfied at the time*". If the heir were a 10 year old child would the response have been, "*they seemed quite happy when awarded a play station and 100 dollars*". If the allegations are true, this is serious, whore or not.

Posted 30 July 2014, 7:10 a.m. Suggest removal

sheeprunner12 says...

Yep ........ this is the character of the "DPM" ............. dirty petty man

Posted 29 July 2014, 9:31 p.m. Suggest removal

pablojay says...

Generalcrazy,you have picked an apt name because you have to be generally crazy and
stupid too , because you have missed the crux of this matter. The WIDOW received $70,000
out of $10,000,000. Brave was given $500,000 so that he would be satisfied and then take
care,HONESTLY,of Ms. Mir, who needed an interpreter due to her lack of knowledge of the
English language .Both Brave and Shurland were salivating when they found this out,typical lawyers,i surmise and she probably signed it all away thinking these learned gentlemen, so astute in their noble profession,would surely take care of a naive lady such as she,and they
certainly did!

Posted 29 July 2014, 11:04 p.m. Suggest removal

ThisIsOurs says...

She could have been a 50 cents whore and really terrible at it too, if she wants more money she's entitled to it because that's what Mr Kohlrautz wanted. But I agree with you, I'd like to hear the other side again, something other than "*she was satisfied with what she got at the time*". I'd like to hear them answer one question, whether the 2 million property was really sold by Brave Davis to a company in which Brave Davis had a senior position. Then I'd like them to answer how much it was sold for

Posted 30 July 2014, 6:44 a.m. Suggest removal

ThisIsOurs says...

She didn't sell anything. It's alleged the property was sold by the **executor** to a company in which the executor was president.and was sold below market value. That is highly unusual.

Posted 30 July 2014, 9:28 p.m. Suggest removal

pablojay says...

You should know by now generallycrazy that even if she was a whore , he chose to marry her, which made her a wife.I am not one to get personal and i hope that you are not that way either,but even in our little society,some women who started out just as this one did are now highly respected members here and what happened to her also happened to many poor blacks here, who inherited extremely valuable property ,some even beachfront,but when the lawyers,many who are black,saw these "ignorant over-the -hill persons" they made sure that they got just enough money to buy a car to park in front of their clapboard house.

Posted 30 July 2014, 3:52 p.m. Suggest removal

Generalsense says...

This is disgraceful. Had this alleged case happen in any other civilized country, Mr. Davis would have had to resigned and at minimum charged for conflict of interest or perhaps for obtaining by means of false pretence. The character of the woman does not lend any legal justification for the alleged conduct of the DPM. What kind of people are we? Why do we make moral equivalence for this egregious and unethical conduct by the second most powerful (arguably) in this country. If leadership cannot be TRUSTED how do we expect the followers to act? Are we becoming a Banana republic where the powerful can never be wrong?

Posted 30 July 2014, 8:54 a.m. Suggest removal

Hogfish says...

**REMEMBER** this the same little teef who said to the whole country.
.

'YOU GATS TO PAY ME MORE SO I EEN GATS TO STEAL FROM YOU!!'
.

So this german fella pays him **$1/2 million** dollar and gives him a bunch of land so he could do his job properly.

'HA! one little 1/2 mil out of a **full 10 million!** Dat een enuff fa me nah!
hmmm ... but i likes this house.'

This house worth $2million. He takes it and sells it to himself for $200k ! - muddasik there een no shame.
The will could have gone to the gaddamn cat!... It doesn't matter! this is more than just a breach of trust and conflict.
The DPM of our country stole from this woman and did it for all for all the world to see.

Posted 30 July 2014, 9:13 a.m. Suggest removal

ThisIsOurs says...

In any other country, if true, immediate grounds for disbarment, no different than stealing money from a client.

Posted 30 July 2014, 11:53 a.m. Suggest removal

micander says...

Back and forth, back and forth. However, be it known , we bring nothing into this world and we can take nothing out. God has a way of righting all wrongs. That rich gentleman, how was his wealth obtained? Why were his heirs left out? Who was this young woman that he wanted, supposedly, to leave as his heir? God knows. Mr. Davis, if he has done wrong, will in due course get his just deserts also. God is in control. So, my people cease the unholy banter and let us live in love, for God is love.

Posted 30 July 2014, 10:50 a.m. Suggest removal

ThisIsOurs says...

Live in love?! Are you crazy? Cease the unholy banter? God allowed man to rule their affairs from back in the days of Samuel. He didn't want it that way but he allowed it. If anyone wants to complain about their corrupt, money grubbing, licentious, hedonistic, incompetent, useless, leaders they have every right to.

When Mr Davis took this gentleman as a client he didn't ask him how he got his money. Instead Mr Davis offered him a service, to complete his wishes, as stated in his will, after his demise and to act as executor to ensure the named heirs were taken care of to their best advantage. If Mr Davis had any concerns about the source of the money or the family members who were left out, he should have declined to offer his services.

Stop calling Gods name in vain to cloak all manner of evil

Posted 30 July 2014, 11:56 a.m. Suggest removal

ThisIsOurs says...

Was he appointed executor of the gentleman's will?

Posted 30 July 2014, 9:21 p.m. Suggest removal

ThisIsOurs says...

I suspect that being a lawyer and having been accepted to the bar, there are certain ethical standards that you are expected to uphold. His statement seems like a camouflage, it deflects attention onto the lady's character rather than addressing the most troubling claim made, regarding possible pawning off luxury property to himself at way below market price and giving the widow pittance of a settlement. There's no way that the spirit of the will intended that he receive 500,000, a 2million property and she receive 70,000. That's just weird.

Posted 31 July 2014, 9:32 p.m. Suggest removal

John says...

Brave Davis for PM? At least Perry Christie has a conscience!

Posted 30 July 2014, 12:59 p.m. Suggest removal

sheeprunner12 says...

There is no such constitutional creature as a Deputy Prime Minister ..... its only a fictional position ............ no status, no salary ........... just perks

Posted 30 July 2014, 1:46 p.m. Suggest removal

ThisIsOurs says...

"A man 51 years her senior"...what is that? How many of these sixty+ year old politicians are dating 20 and thirty year olds?

What happened with the property?

Posted 30 July 2014, 9:25 p.m. Suggest removal

ThisIsOurs says...

It's no crime for persons over 18 to date each other no matter their age disparity. I was more than surprised that the statement made a point of noting the age difference given the state of affairs of Bahamian men, politicians in particular

I haven't read anything that says she executed the sale. But I give you that you have read it, it still seems quite weird to facilitate a sale, as executor, to give yourself a greater advantage over the estate, "weird" and I use that term giving you the benefit that she would have wanted it sold.

What the Cubans in Miami think of Bahamians is of no consequence. What's more significant to me is what the Bahamians in the Bahamas give the Cubans to talk about. Like the Kentucky Fried Chicken election or rampant corruption or a failing educational system and a national D average or skyrocketing crime.

Posted 31 July 2014, 7:10 a.m. Suggest removal

sheeprunner12 says...

Can Brave also tell us why he is on the USA stop list????????

Posted 30 July 2014, 8:24 p.m. Suggest removal

ThisIsOurs says...

Is he?

Posted 30 July 2014, 9:29 p.m. Suggest removal

Hogfish says...

so what about the house?

no mention of the house....

Was it in the Will that he sell to himself a $2million house for just $200k??
if yes then fair enough, i would retract my former statement and even apologise, but:

If not, then = conflict and shame.

you just never know with these politrickcians.

Posted 31 July 2014, 11:09 a.m. Suggest removal

BigBoitPit99 says...

Here is a copy of the will for Mr Kohlrautz ------>If anyone is interested in the TRUTH http://www.scribd.com/doc/235517191/Las…

Posted 31 July 2014, 4:09 p.m. Suggest removal

ThisIsOurs says...

Heart attack is also a common death by Bahamian diet. But if there were concerns about a mysterious circumstances surrounding his death, the authorities should have been called in to investigate, but that wasn't done, instead Brave simply sold his "dear friend's" property to himself for one eighth of the market value and called it a day.

Posted 6 August 2014, 7:12 a.m. Suggest removal

pablojay says...

Just reviewing this article again,i googled "Golden Point Road" and found out that it is
situated in Fortune Bay,Lucaya. Ms. Mir said that they had a boat docked in the back of their yard on the canal. Court documents show that the property consisted of five lots.If all of them
are canal lots ,i wish Brave was my brother because i would ask him for JUST ONE OF THEM,
because vacant lots there sell for $250,000 each.WOW!

Posted 4 August 2014, 4:02 p.m. Suggest removal

ThisIsOurs says...

Yes this is a real travesty. Brave said Mr Kohlrautz' instructions were "very clear", and in that he spoke the absolute truth, it was **clear** that he wanted his wife to have the **FULL** proceeds of a TWO MILLION piece of property and after all listed concerns were taken care of, he wanted his wife to have "**EVERYTHING ELSE**". What was done to this woman was a complete travesty. All the legal I's and T's may be crossed but this woman was robbed of her inheritance. Were the properties ever sold? How soon after the under market value purchase and for how much?

She got **70,000** IN TOTAL!!!!, any druggie on the street knows something is weird about that. But someone who claims to be carrying out Mr Kohlrautz' **extremely clear** wishes doesn't? And what of her own **English** speaking lawyer who approved her signature?

The Bar Association is dropping the ball. They should be launching a continuous series of educational programs in various media to let the public know their basic rights. To let unsuspecting foreign investors know what irregularities to look out for. If you get a Bahamian translator, write your own statement to document your understanding of what you believe your translator to have said and let them sign it.

The question for every Bahamian is, How much money do men with serious cases of a sense of entitlement need? OUR land, OUR Treasury, OUR BOB, OUR Jaws Beach, OUR NIB payments are on the line now.

Posted 6 August 2014, 6:45 a.m. Suggest removal

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