An affidavit making allegations against the brother of MP Keod Smith has been ruled “irrelevant” by a Supreme Court judge.
Justice Jeanne Thompson made the ruling on an affidavit prepared by land developer Dale Bronstein, who claimed Kean Smith sought $150,000 from his company to expedite environmental approval for a project.
Justice Thompson said the document was irrelevant to the case against Mr Bronstein’s company.
A summons filed in the Supreme Court on October 3, 2005, included an application to strike out Mr Bronstein’s affidavit. The application was supported by an affidavit by Kean Smith, sworn on October 3, 2005, and filed in the Supreme Court on November 2 last year.
Keod Smith and Kean Smith are attorneys at Commercial Law Advocates and legal counsel for Trauma Medical Emergency and Medical Services Limited (TEMS), who they represented in legal proceedings arising out of an alleged breach of a construction contract between TEMS and West Island Properties Limited (WIP). The courts decided in favour of TEMS.
In his affidavit, Mr Bronstein blamed the delay of completion of the house that WIP was building for TEMS on alleged interference of Keod and Kean Smith and suggested that arose after WIP refused to pay Kean Smith $150,000 to expedite an EIA.
Alternatively, he blamed the delay of another project called “Charlottesville” on this alleged interference and refusal of him to pay $150,000.
Following the successful completion UL the arbitration in favour of TEMS, TEMS sought to enforce the arbitration award as an order of the Supreme Court.
Almost simultaneously, WIP filed a notice of motion in the Supreme Court to strike out the award.
In August, 2005, at a scheduled hearing before Justice Jeanne Thompson to hear submissions by WIT to strike out the arbitration award, Arthur Minns, as counsel for WIP, laid over to the court.
Smith, as counsel for TEMS, presented the affidavit prepared for Mr Bronstein, which was filed in the Supreme Court on August 19 last year.
The affidavit was never read into the court record as objections were made to the defamatory implications drawn from the content.
Source: The Tribune, Nassau Bahamas
