Government Wins Legal Battle over Roydan Farm

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Tuesday, 12 February 2013 02:30

By press release

Antigua st. john's - A United States district judge on Friday, February 8, 2013 dismissed the case brought by Dan Abraham Sarfati against Antigua and Barbuda, the Ministry of Finance, and the Ministry of Agriculture and Lands.

The case was filed July 19, 2010 by the son of Maurice Sarfati claiming the sum of US$750,000 together with pre- and post judgment interest (at 6% per annum compounded) in respect of the payment of three promissory notes issued to Roydan Ltd. and signed by Hilroy Humphreys as Minister of Agriculture in June 1990 and guaranteed by the Ministry of Finance.
 
Dan Sarfati, who was 8 years old in 1990 alleged that the monies had never been repaid, and that because of threats and coercion by persons associated with the "Bird Administration" made to his father who was fearful for his safety, no legal action had previously been taken.
 
The UPP Administration engaged the professional services of Ms. Monalie E. Bledsoe and Conrad Airall (both Antiguans and practicing attorneys in the US) to act on its behalf, and following the filing of a defence and the taking of depositions in Antigua and Barbuda, filed a motion to dismiss the claim on two grounds.
 
Firstly that the lawsuit was barred by the statute of limitations notwithstanding the alleged threats which were pleaded were baseless; and secondly, that the issue of the promissory notes did not constitute a "commercial activity" by the government because Hilroy Humphreys had no legal authority to issue or sign the promissory notes.
 

In preparation for the case, one of Dan Sarfati's attorneys was in Antigua last September to take depositions of Minister Hilson Baptiste, the Secretary to the Cabinet Mr. Hazel Spencer, and the Attorney General Justin Simon, QC. Voluminous documents have been filed in this matter in preparation for trial in the event that the procedural objections did not find favour with the Court.
 
 Attorney General the Hon. Justin Simon says that he is happy with the outcome which he always felt was a real possibility given the legal issues involved to establish jurisdiction by the Court. He indicated that the Claimant has a right of appeal, and he waits to see whether any will be filed. The potential financial disbursement would have been an enormous debt on the government's finances, particularly at this time of economic challenge. “Strangely, there was little in the files at the Ministry of Agriculture and Lands or the Ministry of Legal Affairs on the matter,” the Attorney General concluded.

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