Bahamas Blog

A new judge will have to resolve the $100 million dispute between feuding Israeli-born brothers Rami and Amir Weissfisch.

The Court Of Appeal ruled that Senior Justice Anita Allen should step down from the case. Justice Allen maintained that she could objectively determine the distribution of profits from 1992 to 2000 of the brother's metal trading business when she decided to remain on the case.

Justice Allen was also critical of the actions of Senior Justice John Lyons in his appointment of Daniel Ferguson - the brother of a close female friend of Lyons - to conduct a forensic accounting report.

Justice Lyons resigned on May 7 following the controversy surrounding the appointment.

During the recusal application, there was a debate whether Justice Allen was the first person to mention recusal during a meeting in her chambers to discuss a newspaper article about the case, which was being held in closed court.

The only person who recorded what transpired during this meeting was Nicholas Lavender, QC, the lawyer for Rami Weisfisch. According to Lavender, Justice Allen first suggested recusing herself after she said she was "conflicted" by information she had heard.

The Court found that in the absence of an objective record of what transpired in the judge's chambers it was not able to say "that the fair-minded and informed observer would not have any doubt about the learned judge's objectivity and we therefore hold that the learned judge ought to have recused herself from further hearing the matter."

From The PUNCH!