William Otis Mckinney picketed in front of parliament with two huge placards draped over his chest and back as tourists looked on and snapped pictures.
One placard read, "I want my retainer money ($5,000) back. I also want the $350 you received from BEC on October 10th, 1997 in the form of cheque #094460. I went to the Bar Association, who constantly gave me the run-around. Where can I seek justice in this Bahamaland?"
Mr. McKinney also presented the press with a letter from the Bahamas Bar Association dated April 22, 2003 and addressed to Rawson McDonald at Mr Mitchell's Dowdeswell Street law firm.
"Since our letters of 22nd August 2002, 23rd December 2002, and 17 March 2003 have all been disregarded. We can only assume that Mr. McKinney has a genuine complaint. We therefore direct that you make the following payments to Mr. McKinney within seven days of receipt of this communication under advice to us: Costs awarded 13th November, 1997 $350.00 ; C.L. No. 865/97 $5,000.
"Failure to pay the above sum shall result in referral to the Disciplinary Committee of the Bahamas Bar Association."
The letter was signed by J.C. Ledee, of the Bar's ethics committee, and copied to Mr. McKinney.
Employees at the Bar Association confirmed that the letter was genuine and that the Bar was familiar with the case.
The Guardian was told that Mr. McDonald was no longer employed with the firm, which is based at Gwendolyn House.
The controversy began five years ago when Mr. McKinney faced legal action by BEC for unpaid bills. He hired Mr Mitchell to defend him and won the case. He was awarded $350 by the magistrate's court.
Then Mr. McKinney decided to counter-sue BEC in the Supreme Court. He borrowed $5,000 from his pension fund and deposited it with Mr MItchell's firm.
At about the same time Mr Mitichell's firm was also handling Mr MCKinney's divorce. He has a 1999 receipt stamped "Paid in Full" from the law firm in relation to this.
Mr Mckinney made several appointments to see the Mr. Mitchell over the BEC case, each costing him $75. But he could get no answers on the position of the case.
" I asked how long it is going to take, he said three to six months in the Supreme Court. After six months passed, I went back and was told they were still waiting on a court date," Mr McKinney said.
Mr. McKinney said he later spoke to Rawson McDonald, who agreed to look over his files and get back to him. This never happened said Mr. McKinney. He was later referred to Mr. Mitchell's financial trustee at Gwendolyn House, Terrance Bethel, but was turned around again.
Later he was able to retrieve his file from Mr McDonald who said he owed the firm $2,685, which Mr McKinney denies. To his surprise, the file showed that during 1998 Mr Mitchell had made several appearance in the Supreme Court on the B EC matter, and had in fact won the case.
"I tried to call Mitchell about half a dozen times, but he was always unavilable," Mr. McKinney said. "So I went to the Bar Association and put my case to them."
Mr Mitchell told the Guardian that because he is not presently a practicing attorney and holds a position in government, he could not comment on the matter.
"Any statement would have to come from my personal trustee. I would prefer to reserve any personal comment on it. Terrance Bethel acts on my behalf and the attorney for my interest is Kirk Seymour. So this would really be a decision for them, not for me," he said.
Mr. Bethel has not returned phone calls from the Guardian.
By Vanessa C. Rolle, The Nassau Guardian
