XN000022-1988-03-16 — Page 45

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JUSTICE BARKER RESIGNS

*

WEDNESDAY, MARCH 16, 1988

MR JUSTICE BARKER HAS RESIGNED HIS OFFICE WITH EFFECT FROM JANUARY 1, 1989. THE GOVERNOR HAS ACCEPTED HIS RESIGNATION.

IT IS INTENDED THAT THE JUDGE'S TERMINAL LEAVE WILL BE BEFORE THIS DATE.

TAKEN

"UNTIL THE JUDGE PROCEEDS ON SUCH TERMINAL LEAVE, IT IS EXPECTED THAT HE WILL PERFORM "NON-JUDICIAL DUTIES".

CROWN ORDERED TO PAY $36M IN COSTS

LO WHO WERE

THE CROWN WAS TODAY (WEDNESDAY) ORDERED TO PAY ABOUT $36 MILLION IN COSTS TO MR DAVID BEGG AND MR ANTHONY ACQUITTED BY MR JUSTICE BARKER IN THE CARRIAN TRIAL,

SOLICITORS FOR THE PAIR HAD ORIGINALLY SOUGHT $51 MILLION IN COSTS BUT THE CROWN HAS CONTESTED THE SIZE CLAIM.

ALMOST THE

OF

ORDERED

IN ACQUITTING THE TWO IN SEPTEMBER, MR JUSTICE BARKER THAT THE COSTS BE TAXED BY A MASTER OF THE SUPREME COURT IF THE PARTIES DID NOT AGREE ON THEM AND DEPUTY REGISTRAR, MASTER COLIN PERRIOR, HAS BEEN HEARING ARGUMENTS FROM BOTH PARTIES SINCE MARCH 7.

THE TAXATION ENDED TODAY WITH MASTER PERRIOR ORDERING THAT THE CLAIM AGAINST THE CROWN SHOULD BE REDUCED BY ABOUT $15 MILLION.

LO

MR PERRIOR REFUSED TO ALLOW SOLICITORS FOR MR BEGG AND MR THEIR COSTS OF PREPARING THE BILL. OR THEIR APPEARANCE AT THE TAXATION BECAUSE OF THE LARGE AMOUNT OF COSTS DISALLOWED.

THIS IS IN ACCORDANCE WITH THE GENERAL PRACTICE THAT A BILL OF COSTS WHICH IS REDUCED BY ONE-SIXTH OR MORE AFTER TAXATION RESULTS IN THE SOLICITORS NOT GETTING THE COSTS OF THE TAXATION PROCEEDINGS

THEMSELVES.

MR BEGG AND MR LO WERE ACQUITTED ON ONE COUNT OF CONSPIRACY TO DEFRAUD CREDITORS AND SHAREHOLDERS OF CARRIAN INVESTMENTS LTD THROUGH PUBLISHING MISLEADING STATEMENTS IN THE COMPANY'S 1981 ACCOUNTS.

LEGAL DEPARTMENT CONSULTANT, MR CLIVE GROSSMAN, APPEARED WITH SENIOR CROWN COUNSEL, MR PATRICK HAMLIN, FOR THE CROWN.

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