NASSAU, BAHAMAS — A Supreme Court judge has refused an application by a former judge and Member of Parliament accused of failing to return over $3 million to a former client, noting that she was not prepared to hear it until he had purged his contempt of court.
Senior Justice Deborah Fraser ruled against hearing an application filed on behalf of Elliot Lockhart KC and his co-defendant Patricia Bullard an administrator at the law firm. Dr Paul Fuchs, a Florida resident has sought the return of some $3 million from Lockhart since April 2023.
Senior Justice Fraser ruled: “I agree with the submissions of the claimant’s counsel – to allow such an application would simply delay the matter and the Defendants’ non-compliance with an order of the court indeed impedes the course of justice. It is the role of the court to ensure orders are complied with and not permit persons who voluntarily choose to disobey an order to make applications while flaunting their disregard of court orders – I will not allow it. For public policy purposes and to preserve the public’s trust and confidence in the authority of the court, I must protect and preserve such authority. I am, therefore, not prepared to hear any application advanced by the defendants unless and until they have purged their contempt.”
She further added: “In any event, I agree with the claimants that the bank has adequately provided comprehensive information relating to the defendants’ accounts. I am also aware of an additional report provided by the Bank to all parties and the Court – which admittedly came after this application was filed. In my view, the report sufficiently addresses any lingering issues and/or questions the defendants may have relating to their accounts and comprehensively addresses matters contained in their application. The application is, therefore, superfluous. Accordingly, I refuse to hear the defendants’ application.”
Last October the court granted a summary judgment against Lockhart, ordering the return of the Dr Fuch’s funds. Lockhart had claimed he attempted to send the claimant’s money via cheque but failed due to an inadvertently incorrect date. Transfer attempts also failed, however, CIBC First Caribbean International Bank informed the court that it had no records of accounts for Patricia A. Bullard and never received instructions from Lockhart to wire the $3 million sum. Before this, on September 13, 2023, the court ordered the freezing of bank accounts associated with the firm, as well as those of Lockhart and Bullard, until they could account for the disputed funds.
Lockhart and Bullard filed a Notice of Application on March 1st seeking the bank to provide a copy of the cheque in question and relevant bank statements connected to his law firm’s account.
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